STATE STATUTES & CODES
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VIRGINIA STATUTES AND CODES
22.1-306 - Definitions.
§ 22.1-306. Definitions.
As used in this article:
"Grievance" means a complaint or dispute by a teacher relating to his orher employment including, but not necessarily limited to: (i) disciplinaryaction including dismissal or placing on probation; (ii) the application orinterpretation of: (a) personnel policies, (b) procedures, (c) rules andregulations, (d) ordinances and (e) statutes; (iii) acts of reprisal againsta teacher for filing or processing a grievance, participating as a witness inany step, meeting or hearing relating to a grievance, or serving as a memberof a fact-finding panel; and (iv) complaints of discrimination on the basisof race, color, creed, political affiliation, handicap, age, national originor sex. Each school board shall have the exclusive right to manage theaffairs and operations of the school division. Accordingly, the term"grievance" shall not include a complaint or dispute by a teacher relatingto (i) establishment and revision of wages or salaries, positionclassifications or general benefits, (ii) suspension of a teacher ornonrenewal of the contract of a teacher who has not achieved continuingcontract status, (iii) the establishment or contents of ordinances, statutesor personnel policies, procedures, rules and regulations, (iv) failure topromote, (v) discharge, layoff or suspension from duties because of decreasein enrollment, decrease in enrollment or abolition of a particular subject orinsufficient funding, (vi) hiring, transfer, assignment and retention ofteachers within the school division, (vii) suspension from duties inemergencies, or (viii) the methods, means and personnel by which the schooldivision's operations are to be carried on.
While these management rights are reserved to the school board, failure toapply, where applicable, the rules, regulations, policies, or procedures aswritten or established by the school board is grievable.
"Dismissal" means the dismissal of any teacher during the term of suchteacher's contract and the nonrenewal of the contract of a teacher oncontinuing contract.
(Code 1950, § 22-217.5:1; 1979, c. 298; 1980, c. 559; 1981, c. 646; 1992, c.679.)