CHAPTER 691

An Act to prescribe contractual procedures for the employment of public
school teachers; to provide for continuing contracts, probationary
periods, basis and procedures for dismissal; and to repeal §§ 22-207
and 22-208 of the Code of Virginia. rH 982]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. § 1. The purpose of this act is to prescribe certain contractual pro-
cedures for the employment of public school teachers, to provide proba-
tionary periods of their employment and to establish a basis and proce-
dure of dismissal of such teachers. It shall apply to the employment of all
regularly certified professional public school personnel within this State.

Written contracts shall be made by the school board with all
public school teachers, except those temporarily employed as substitute
teachers, before they enter upon their duties, in a form to be prescribed
by the Superintendent of Public Instruction. Such contracts shall be signed
in duplicate, with a copy thereof furnished to both parties.

The State Board of Education shall promulgate rules and regulations
to effectuate the purposes of this act.

§ A probationary term of service for three years in the same
county or city school division shall be required before a teacher is issued
a continuing contract; provided, service prior to July 1, 1969 shall not be
considered as a portion of such probationary term. Once a continuing con-
tract status has been attained in a school division in the State, another
probationary period need not be served in any other school division, unless
such probationary period up to three years be made a part of the contract
of employment. A teacher on continuing contract appointed to the position
of principal or supervisor shall serve three years in such position before
acquiring continuing contract status as principal or supervisor. Continuing
contract status acquired by a principal or supervisor shall not be con-
strued as prohibiting a school board from reassigning such administrative
or supervisory personnel to a teaching position if notice of reassignment
is given by the school board by April fifteenth of any year.

4. If a teacher who has not achieved continuing contract status
receives notice of reemployment, he must accept or reject in writing within
15 days of receipt of such notice. Written notice of non-renewal of the
contract must be given by the school board on or before April fifteenth
of each year.

Teachers employed after completing the probationary period shall be
entitled to continuing contracts during good behavior and competent serv-
ice and prior to the age at which they are eligible or required to retire
except as hereinafter provided. Written notice of non-continuation of the
contract by either party must be given by April fifteenth of each year;
otherwise the contract continues in effect for the ensuing year in con-
formity with local salary stipulations including increments.

A teacher may resign after April fifteenth of any school year with
the approval of the local school board. The teacher shall request release
from contract at least two weeks in advance of intended date of resigna-
tion. Such request shall be in writing and shall set forth the cause of
resignation.

In the event that the board declines to grant the request for release
on the grounds of insufficient or unjustifiable cause, and the teacher
breaches such contract, the certificate of said teacher may be revoked
under rules and regulations prescribed by the State Board of Education.

As soon after April fifteenth, as the school budget shall have been
approved by the appropriating body, the School Board shall furnish each
teacher a statement confirming continuation of employment, setting forth
assignment and salary.

Nothing in the continuing contract shall be construed to authorize
the School Board to contract for any financial obligation beyond the period
for which funds have been made available with which to meet such
obligation.

A board may reduce the number of teachers, whether or not such
teachers have reached continuing contract status, because of decrease in
enrollment or abolition of particular subjects.

Teachers may be dismissed or placed on probation for the fol-
lowing reasons: incompetency, immorality, noncompliance with school laws
and regulations, disability as shown by competent medical evidence, or for
other good and just cause.

Written notice setting forth the reasons for dismissal or placing
on probation and a statement that the teacher may request a hearing be-
fore the school board within fifteen days after receiving the notice must
be sent to the teacher. A personal interview with the teacher stating the
reason for dismissal or placing on probation may be employed in lieu of
such written notice.

§ 7. The hearing before the school board, which shall be private
unless the teacher requests a public one, must be set within thirty days of
the request, and the teacher must be given at least fifteen days written
notice of the time and place. At the hearing the teacher may appear with
or without counsel and be heard, presenting testimony of witnesses and
other evidence.

. The school board shall give the teacher its written decision
within five days after the hearing, together with a copy of the transcript
of the proceedings, which shall be furnished without cost. A majority
vote of the school board is necessary for dismissal.

2. § 22-207 of the Code is hereby repealed.
3. § 22-208 of the Code is repealed, effective July 1, 1969.