16103411D
SENATE BILL NO. 660
Senate Amendments in [ ] -- February 8, 2016
A BILL to amend and reenact [ §§22.1-79 and §
] 22.1-311 of the Code of Virginia, relating to teacher dismissal; hearing
officer.
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Patron Prior to Engrossment--Senator Favola
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Referred to Committee on Education and Health
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Be it enacted by the General Assembly of Virginia:
1. That [ §§22.1-79 and §
] 22.1-311 of the Code of Virginia [ are is
] amended and reenacted as follows:
[ §22.1-79. Powers and duties.
A school board
shall:
1.
See that the school laws are properly explained, enforced and observed;
2. Secure, by
visitation or otherwise, as full information as possible about the conduct of
the public schools in the school division and take care that they are conducted
according to law and with the utmost efficiency;
3. Care for, manage
and control the property of the school division and provide for the erecting,
furnishing, equipping, and noninstructional operating of necessary school
buildings and appurtenances and the maintenance
thereof by purchase, lease, or other contracts;
4. Provide for the
consolidation of schools or redistricting of school boundaries or adopt pupil
assignment plans whenever such procedure will contribute to the efficiency of
the school division;
5. Insofar
as not inconsistent with state statutes and regulations of the Board of
Education, operate and maintain the public schools in the school division and
determine the length of the school term, the studies to be pursued, the methods
of teaching and the government to be employed in the schools;
6. In instances in
which no grievance procedure has been adopted prior to January 1, 1991,
establish and administer by July 1, 1992, a grievance procedure for all school
board employees, except the division superintendent
and those employees covered under the provisions of Article 2 (§22.1-293 et
seq.) and Article 3 (§22.1-306 et seq.) of Chapter 15 of this title, who have
completed such probationary period as may be required by the school board, not
to exceed 18 months. The grievance procedure shall afford a timely
and fair method of the resolution of disputes arising between the school board
and such employees regarding dismissal or other disciplinary actions, excluding
suspensions, and shall be consistent with the provisions
of the Board of Education's procedures for adjusting grievances. Except in the
case of dismissal, suspension, or other disciplinary action, the grievance
procedure prescribed by the Board of Education pursuant to §22.1-308 shall
apply to all full-time employees of a school board, except
supervisory employees;
7. Perform such
other duties as shall be prescribed by the Board of Education or as are imposed
by law;
8. Obtain public
comment through a public hearing not less than 10 days after reasonable
notice to the public in a newspaper of general circulation in the school
division prior to providing (i) for the consolidation of schools; (ii) the
transfer from the public school system of the administration of all
instructional services for any public school classroom or all noninstructional services in the school division
pursuant to a contract with any private entity or organization; or (iii) in school divisions having 15,000 pupils or
more in average daily membership, for redistricting of school boundaries
or adopting any pupil assignment plan affecting the assignment of 15 percent or
more of the pupils in average daily membership in the affected school;
or (iv) for the appointment of a hearing officer pursuant
to §22.1-311. Such public hearing may be held at the same time
and place as the meeting of the school board at which the proposed action is
taken if the public hearing is held before the action is taken. If a public
hearing has been held prior to the effective date of
this provision on a proposed consolidation, redistricting or pupil assignment
plan which is to be implemented after the effective date of this provision, an
additional public hearing shall not be required;
9. (Expires July 1,
2020) At least annually, survey the school division to identify
critical shortages of teachers and administrative personnel by subject matter,
and report such critical shortages to the Superintendent of Public Instruction
and to the Virginia Retirement System; however,
the school board may request the division superintendent to conduct such survey
and submit such report to the school board, the Superintendent, and the
Virginia Retirement System; and
10. Ensure that the
public schools within the school division are registered
with the Department of State Police to receive from the State Police electronic
notice of the registration or reregistration of any sex offender within that
school division pursuant to §9.1-914. ]
§22.1-311. Hearing before school board or hearing officer.
A. Upon a timely request for a hearing pursuant to §22.1-309,
the school board or, at the option of the school board, a hearing officer
appointed by the school board shall set a hearing within 15 days of the request
and the teacher shall be given at least five days' written notice of the time
and the place. The hearing shall be private unless the teacher requests the
hearing to be public. At the hearing the teacher may appear with or without a
representative and be heard, presenting testimony of witnesses and other
evidence. The school board may hear a recommendation for dismissal and make a
determination whether to make a recommendation to the Board of Education
regarding the teacher's license at the same hearing or hold a separate hearing
for each action.
B. Each school board may appoint an impartial hearing officer
from outside the school division to conduct hearings pursuant to this section.
A hearing officer shall not have been involved in the recommendation of
dismissal as a witness or a representative [ A school board
that elects to appoint a hearing officer shall appoint such hearing officer for
a one-year term at its first meeting of the school year. ]
No school board shall appoint as a hearing officer an employee of the school
board or the spouse, child, parent, grandparent, or sibling of (i) any member
of the school board or (ii) the school superintendent. A hearing officer
shall possess some knowledge and expertise in public education and education
law and be capable of presiding over an administrative hearing. If the
appointed hearing officer or the spouse, child, parent, grandparent, or sibling
of the appointed hearing officer is involved in the recommendation of dismissal
as either a witness or representative, the school board shall conduct the
requested hearing.
The hearing officer shall schedule and preside over such
hearings and shall create a record or recording of such proceedings. The
hearing officer shall make a written recommendation to the school board, a copy
of which shall be provided to the teacher. The hearing officer shall transmit
the recommendation and the record or recording of the hearing to the school
board as soon as practicable and no more than 10 business days after the
hearing. In the event of a hearing before a hearing officer, the school board
may make its decision upon the record or recording of such hearing, pursuant to
§22.1-313, or the school board may elect to conduct a further hearing to
receive additional evidence by giving written notice of the time and place to the
teacher and the division superintendent within 10 business days after the board
receives the record or recording of the initial hearing. Such notice shall also
specify each matter to be inquired into by the school board.
C. A record or recording of any hearing conducted pursuant to
this section shall be made. The parties shall share the cost of the recording
equally. In proceedings concerning grievances not related to dismissal, the
recording may be dispensed with entirely by mutual consent of the parties. In
such proceedings, if the recording is not dispensed with, the two parties shall
share the cost of the recording equally; if either party requests a transcript,
that party shall bear the expense of its preparation. In cases of dismissal,
the record or recording shall be preserved for a period of six months. If the
school board requests that a transcript be made at any time prior to expiration
of the six-month period, it shall be made and copies shall be furnished to both
parties. The school board shall bear the cost of the transcription.
D. Witnesses who are employees of the school board shall be
granted release time if the hearing is held during the school day. The hearing
shall be held at the school in which most witnesses work, if feasible.
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