§ 22.1-305. Nonrenewal of contract of probationary teacher.
A. Before a division superintendent recommends to the school board nonrenewalof the contract of a teacher who has not achieved continuing contract status,the division superintendent shall consider, among other things, theperformance evaluations for such teacher required by § 22.1-303 and shallnotify the teacher of the proposed recommendation. Upon written request ofthe teacher within five working days after receipt of such notice, thedivision superintendent or his designee shall orally provide the specificreasons, if any, for such recommendation, along with supportingdocumentation, including such performance evaluations, to the teacher and, ifrequested by the teacher, to his or her representative. Within ten days afterreceiving such reasons, the teacher may request, by notification in writingto the division superintendent, a conference before the divisionsuperintendent. Upon such request, the division superintendent shall set adate for the conference, which shall be within thirty days of the request,and shall give the teacher at least fifteen days' notice of the time andplace of the conference.
B. The conference shall be before the division superintendent or hisdesignee. No such designee shall have recommended to the divisionsuperintendent the nonrenewal of the teacher's contract. The teacher and theperson or persons who recommended the nonrenewal of the teacher's contract tothe division superintendent, or a representative of either or both, shall beallowed to participate in the conference, but no such representative shall bean attorney.
C. If the conference is before a designee of the division superintendent, thedesignee shall communicate his recommendations to the division superintendentand to the teacher.
D. The division superintendent shall notify the teacher, in writing, of hisintention with respect to the recommendation within ten days after theconference.
E. In any case in which a teacher requests a conference as provided in thissection, written notice of nonrenewal of the contract by the school boardmust be given within thirty days after the division superintendent notifiesthe teacher of his intention with respect to the recommendation and theprovisions of § 22.1-304 requiring such notice on or before April 15 shallnot be applicable.
F. The conference shall be confidential and no written or oral communicationof such conference shall be made to anyone other than the school board, inexecutive session, and employees of the school division having an interesttherein; however, both the teacher and the division superintendent, uponrequest, may provide the reasons for the nonrenewal to a potential employerof the teacher.
G. The provisions of this section shall be inapplicable when a decrease inenrollment or the abolition of a particular subject or reduction in thenumber of classes offered in a particular subject causes a reduction in thenumber of teachers; however, a statement to that effect shall be placed inthe personnel file of each teacher whose contract is nonrenewed for any suchreason.
H. The intent of this section is to provide an opportunity for a probationaryteacher to discuss the reasons for nonrenewal with the divisionsuperintendent or his designee, and the provisions of this section are meantto be procedural only. Nothing contained herein shall be taken to requirecause, as defined in § 22.1-307, for the nonrenewal of the contract of ateacher who has not achieved continuing contract status nor shall the failureof the school board or the division superintendent to comply with any timerequirement herein constitute a basis for continued employment of the teacher.
(Code 1950, § 22-217.4:1; 1979, c. 98; 1980, c. 559; 1999, cc. 1030, 1037.)
§ 22.1-305. Nonrenewal of contract of probationary teacher.
A. Before a division superintendent recommends to the school board nonrenewalof the contract of a teacher who has not achieved continuing contract status,the division superintendent shall consider, among other things, theperformance evaluations for such teacher required by § 22.1-303 and shallnotify the teacher of the proposed recommendation. Upon written request ofthe teacher within five working days after receipt of such notice, thedivision superintendent or his designee shall orally provide the specificreasons, if any, for such recommendation, along with supportingdocumentation, including such performance evaluations, to the teacher and, ifrequested by the teacher, to his or her representative. Within ten days afterreceiving such reasons, the teacher may request, by notification in writingto the division superintendent, a conference before the divisionsuperintendent. Upon such request, the division superintendent shall set adate for the conference, which shall be within thirty days of the request,and shall give the teacher at least fifteen days' notice of the time andplace of the conference.
B. The conference shall be before the division superintendent or hisdesignee. No such designee shall have recommended to the divisionsuperintendent the nonrenewal of the teacher's contract. The teacher and theperson or persons who recommended the nonrenewal of the teacher's contract tothe division superintendent, or a representative of either or both, shall beallowed to participate in the conference, but no such representative shall bean attorney.
C. If the conference is before a designee of the division superintendent, thedesignee shall communicate his recommendations to the division superintendentand to the teacher.
D. The division superintendent shall notify the teacher, in writing, of hisintention with respect to the recommendation within ten days after theconference.
E. In any case in which a teacher requests a conference as provided in thissection, written notice of nonrenewal of the contract by the school boardmust be given within thirty days after the division superintendent notifiesthe teacher of his intention with respect to the recommendation and theprovisions of § 22.1-304 requiring such notice on or before April 15 shallnot be applicable.
F. The conference shall be confidential and no written or oral communicationof such conference shall be made to anyone other than the school board, inexecutive session, and employees of the school division having an interesttherein; however, both the teacher and the division superintendent, uponrequest, may provide the reasons for the nonrenewal to a potential employerof the teacher.
G. The provisions of this section shall be inapplicable when a decrease inenrollment or the abolition of a particular subject or reduction in thenumber of classes offered in a particular subject causes a reduction in thenumber of teachers; however, a statement to that effect shall be placed inthe personnel file of each teacher whose contract is nonrenewed for any suchreason.
H. The intent of this section is to provide an opportunity for a probationaryteacher to discuss the reasons for nonrenewal with the divisionsuperintendent or his designee, and the provisions of this section are meantto be procedural only. Nothing contained herein shall be taken to requirecause, as defined in § 22.1-307, for the nonrenewal of the contract of ateacher who has not achieved continuing contract status nor shall the failureof the school board or the division superintendent to comply with any timerequirement herein constitute a basis for continued employment of the teacher.
(Code 1950, § 22-217.4:1; 1979, c. 98; 1980, c. 559; 1999, cc. 1030, 1037.)
§ 22.1-305. Nonrenewal of contract of probationary teacher.
A. Before a division superintendent recommends to the school board nonrenewalof the contract of a teacher who has not achieved continuing contract status,the division superintendent shall consider, among other things, theperformance evaluations for such teacher required by § 22.1-303 and shallnotify the teacher of the proposed recommendation. Upon written request ofthe teacher within five working days after receipt of such notice, thedivision superintendent or his designee shall orally provide the specificreasons, if any, for such recommendation, along with supportingdocumentation, including such performance evaluations, to the teacher and, ifrequested by the teacher, to his or her representative. Within ten days afterreceiving such reasons, the teacher may request, by notification in writingto the division superintendent, a conference before the divisionsuperintendent. Upon such request, the division superintendent shall set adate for the conference, which shall be within thirty days of the request,and shall give the teacher at least fifteen days' notice of the time andplace of the conference.
B. The conference shall be before the division superintendent or hisdesignee. No such designee shall have recommended to the divisionsuperintendent the nonrenewal of the teacher's contract. The teacher and theperson or persons who recommended the nonrenewal of the teacher's contract tothe division superintendent, or a representative of either or both, shall beallowed to participate in the conference, but no such representative shall bean attorney.
C. If the conference is before a designee of the division superintendent, thedesignee shall communicate his recommendations to the division superintendentand to the teacher.
D. The division superintendent shall notify the teacher, in writing, of hisintention with respect to the recommendation within ten days after theconference.
E. In any case in which a teacher requests a conference as provided in thissection, written notice of nonrenewal of the contract by the school boardmust be given within thirty days after the division superintendent notifiesthe teacher of his intention with respect to the recommendation and theprovisions of § 22.1-304 requiring such notice on or before April 15 shallnot be applicable.
F. The conference shall be confidential and no written or oral communicationof such conference shall be made to anyone other than the school board, inexecutive session, and employees of the school division having an interesttherein; however, both the teacher and the division superintendent, uponrequest, may provide the reasons for the nonrenewal to a potential employerof the teacher.
G. The provisions of this section shall be inapplicable when a decrease inenrollment or the abolition of a particular subject or reduction in thenumber of classes offered in a particular subject causes a reduction in thenumber of teachers; however, a statement to that effect shall be placed inthe personnel file of each teacher whose contract is nonrenewed for any suchreason.
H. The intent of this section is to provide an opportunity for a probationaryteacher to discuss the reasons for nonrenewal with the divisionsuperintendent or his designee, and the provisions of this section are meantto be procedural only. Nothing contained herein shall be taken to requirecause, as defined in § 22.1-307, for the nonrenewal of the contract of ateacher who has not achieved continuing contract status nor shall the failureof the school board or the division superintendent to comply with any timerequirement herein constitute a basis for continued employment of the teacher.
(Code 1950, § 22-217.4:1; 1979, c. 98; 1980, c. 559; 1999, cc. 1030, 1037.)
