22.1-309 - Notice to teacher of recommendation of dismissal or placing on probation; school board not to consider merits during notice; superintendent required to provide reasons for recommendation up - Virginia Statutes

§ 22.1-309. Notice to teacher of recommendation of dismissal or placing onprobation; school board not to consider merits during notice; superintendentrequired to provide reasons for recommendation upon request.

In the event a division superintendent determines to recommend dismissal ofany teacher or the placing on probation of a teacher on continuing contract,written notice shall be sent to the teacher notifying him of the proposeddismissal or placing on probation and informing him that within fifteen daysafter receiving the notice the teacher may request a hearing before theschool board as provided in § 22.1-311 or before a fact-finding panel asprovided in § 22.1-312. During such fifteen-day period and thereafter until ahearing is held in accordance with the provisions herein, if one is requestedby the teacher, the merits of the recommendation of the divisionsuperintendent shall not be considered, discussed or acted upon by the schoolboard except as provided for herein. At the request of the teacher, thedivision superintendent shall provide the reasons for the recommendation inwriting or, if the teacher prefers, in a personal interview. In the event ateacher requests a hearing pursuant to § 22.1-311 or § 22.1-312, the divisionsuperintendent shall provide, within ten days of the request, the teacher orhis representative with the opportunity to inspect and copy his personnelfile and all other documents relied upon in reaching the decision torecommend dismissal or probation. Within ten days of the request of thedivision superintendent, the teacher or his representative shall provide thedivision superintendent with the opportunity to inspect and copy thedocuments to be offered in rebuttal to the decision to recommend dismissal orprobation. The division superintendent and the teacher or his representativeshall be under a continuing duty to disclose and produce any additionaldocuments identified later which may be used in the respective parties'cases-in-chief. The cost of copying such documents shall be paid by therequesting party.

For the purposes of this section, "personnel file" shall mean any and allmemoranda, entries or other documents included in the teacher's file asmaintained in the central school administration office or in any file on theteacher maintained within a school in which the teacher serves.

(Code 1950, § 22-217.6; 1968, c. 691; 1975, c. 308; 1979, c. 298; 1980, c.559; 1985, c. 441; 1992, c. 679.)