A. In the event that a hearing before a fact-finding panel is requested, athree-member panel shall be selected by the following method. The teachershall select one panel member from among other employees of the schooldivision. The division superintendent shall select one panel member fromamong employees of the school division. The teacher and the divisionsuperintendent shall select their respective panel members within fivebusiness days of any request for a hearing before a fact-finding panel. Thetwo panel members so selected shall select the third impartial panel member.
If within five business days after both panel members have been selected theyare unable to agree upon a third panel member, the chief judge of the circuitcourt shall be requested by the two members of the panel to furnish a list offive qualified and impartial fact finders, one of whom shall then be selectedby the two members of the panel as the third member. The persons comprisingthe list may reside within or without the jurisdiction of the circuit court,be residents of the Commonwealth of Virginia and, in all cases, shall possesssome knowledge and expertise in public education and education law and shallbe deemed by the judge capable of presiding over an administrative hearing.Selection shall be made by the panel members alternately deleting any namefrom the list until only one remains. The panel member selected by theteacher shall make the first deletion. This selection process shall becompleted within five business days after receipt of the list of fact findersfrom the chief judge. The third impartial panel member shall chair the panel.No elected official shall serve as a panel member. Panel members shall not beparties to, or witnesses to, the matter grieved.
With the agreement of the teacher's and division superintendent's panelmembers, the impartial panel member shall have the authority to conduct thehearing and make recommendations as set forth herein while acting as ahearing officer.
The Attorney General shall represent personally or through one of hisassistants any third impartial panel member who shall be made a defendant inany civil action arising out of any matter connected with his duties as apanel member. If, in the opinion of the Attorney General, it is impracticableor uneconomical for such legal representation to be rendered by him or one ofhis assistants, he may employ special counsel for this purpose, whosecompensation shall be fixed by the Attorney General and be paid out of thefunds appropriated for the administration of the Department of Education.
B. The panel shall set the time for a hearing, which shall be held within 30business days, and shall so notify the division superintendent and theteacher. The teacher and the division superintendent each may have present atthe hearing and be represented at all stages by a representative or legalcounsel. The panel may hear a recommendation for dismissal and make adetermination whether to make a recommendation to the Board of Educationregarding the teacher's license at the same hearing or hold a separatehearing for each action.
C. The panel shall determine the propriety of attendance at the hearing ofpersons not having a direct interest in the hearing; however, at the requestof the teacher, the hearing shall be private.
D. The panel may ask, at the beginning of the hearing, for statements fromthe division superintendent and the teacher clarifying the issues involved.
The parties shall then present their claims and evidence. Witnesses may bequestioned by the panel members, the teacher and the division superintendent.The panel may, at its discretion, vary this procedure but shall afford fulland equal opportunity to all parties for presentation of any material orrelevant evidence and shall afford the parties the right of cross-examination.
The parties shall produce such additional evidence as the panel may deemnecessary to an understanding and determination of the dispute. The panelshall be the judge of relevancy and materiality of the evidence offered. Allevidence shall be taken in the presence of the panel and of the parties.
E. Exhibits offered by the teacher or the division superintendent may bereceived in evidence by the panel and, when so received, shall be marked andmade a part of the record.
F. The facts found and recommendations made by the panel shall be arrived atby a majority vote of the panel members.
G. The hearing may be reopened by the panel on its own motion or uponapplication of the teacher or the division superintendent for good causeshown to hear after-discovered evidence at any time before the panel's reportis made.
H. The panel shall make a written report which shall include its findings offact and recommendations and shall file it with the members of the schoolboard, the division superintendent and the teacher, not later than 30business days after the completion of the hearing.
I. A stenographic record or tape recording of the proceedings shall be taken.However, in proceedings concerning grievances not related to dismissal orprobation, the recording may be dispensed with entirely by mutual consent ofthe parties. In such proceedings, if the recording is not dispensed with, thetwo parties shall share the cost of the recording equally; if either partyrequests a transcript, that party shall bear the expense of its preparation.
In cases of dismissal or probation, a record or recording of the proceedingsshall be made and preserved for a period of six months. If either the teacheror the school board requests that a transcript of the record or recording bemade at any time prior to expiration of the six-month period, it shall bemade and copies shall be furnished to both parties. The school board shallbear the expense of the recording and the transcription.
J. The teacher shall bear his or her own expenses. The school board shallbear the expenses of the division superintendent. The expenses of the panelshall be borne one-half by the school board and one-half by the teacher.
K. The parties shall set the per diem rate of the panel. If the parties areunable to agree on the per diem, it shall be fixed by the judge of thecircuit court. No employee of the school division shall receive such per diemfor service on a panel during his normal work hours if he receives his normalsalary for the period of such service.
L. The recommendations and findings of fact of the panel submitted to theschool board shall be based exclusively upon the evidence presented to thepanel at the hearing. No panel member shall conduct an independentinvestigation involving the matter grieved.
M. Witnesses who are employees of the school board shall be granted releasetime if the hearing is held during the school day. The hearing shall be heldat the school in which most witnesses work, if feasible.
N. For the purposes of this section, "business day" means any day that therelevant school board office is open.
(Code 1950, § 22-217.7:1; 1979, c. 298; 1980, c. 559; 1983, cc. 327, 354;1984, c. 742; 1988, c. 242; 2000, c. 837; 2003, c. 161; 2004, c. 1007.)
A. In the event that a hearing before a fact-finding panel is requested, athree-member panel shall be selected by the following method. The teachershall select one panel member from among other employees of the schooldivision. The division superintendent shall select one panel member fromamong employees of the school division. The teacher and the divisionsuperintendent shall select their respective panel members within fivebusiness days of any request for a hearing before a fact-finding panel. Thetwo panel members so selected shall select the third impartial panel member.
If within five business days after both panel members have been selected theyare unable to agree upon a third panel member, the chief judge of the circuitcourt shall be requested by the two members of the panel to furnish a list offive qualified and impartial fact finders, one of whom shall then be selectedby the two members of the panel as the third member. The persons comprisingthe list may reside within or without the jurisdiction of the circuit court,be residents of the Commonwealth of Virginia and, in all cases, shall possesssome knowledge and expertise in public education and education law and shallbe deemed by the judge capable of presiding over an administrative hearing.Selection shall be made by the panel members alternately deleting any namefrom the list until only one remains. The panel member selected by theteacher shall make the first deletion. This selection process shall becompleted within five business days after receipt of the list of fact findersfrom the chief judge. The third impartial panel member shall chair the panel.No elected official shall serve as a panel member. Panel members shall not beparties to, or witnesses to, the matter grieved.
With the agreement of the teacher's and division superintendent's panelmembers, the impartial panel member shall have the authority to conduct thehearing and make recommendations as set forth herein while acting as ahearing officer.
The Attorney General shall represent personally or through one of hisassistants any third impartial panel member who shall be made a defendant inany civil action arising out of any matter connected with his duties as apanel member. If, in the opinion of the Attorney General, it is impracticableor uneconomical for such legal representation to be rendered by him or one ofhis assistants, he may employ special counsel for this purpose, whosecompensation shall be fixed by the Attorney General and be paid out of thefunds appropriated for the administration of the Department of Education.
B. The panel shall set the time for a hearing, which shall be held within 30business days, and shall so notify the division superintendent and theteacher. The teacher and the division superintendent each may have present atthe hearing and be represented at all stages by a representative or legalcounsel. The panel may hear a recommendation for dismissal and make adetermination whether to make a recommendation to the Board of Educationregarding the teacher's license at the same hearing or hold a separatehearing for each action.
C. The panel shall determine the propriety of attendance at the hearing ofpersons not having a direct interest in the hearing; however, at the requestof the teacher, the hearing shall be private.
D. The panel may ask, at the beginning of the hearing, for statements fromthe division superintendent and the teacher clarifying the issues involved.
The parties shall then present their claims and evidence. Witnesses may bequestioned by the panel members, the teacher and the division superintendent.The panel may, at its discretion, vary this procedure but shall afford fulland equal opportunity to all parties for presentation of any material orrelevant evidence and shall afford the parties the right of cross-examination.
The parties shall produce such additional evidence as the panel may deemnecessary to an understanding and determination of the dispute. The panelshall be the judge of relevancy and materiality of the evidence offered. Allevidence shall be taken in the presence of the panel and of the parties.
E. Exhibits offered by the teacher or the division superintendent may bereceived in evidence by the panel and, when so received, shall be marked andmade a part of the record.
F. The facts found and recommendations made by the panel shall be arrived atby a majority vote of the panel members.
G. The hearing may be reopened by the panel on its own motion or uponapplication of the teacher or the division superintendent for good causeshown to hear after-discovered evidence at any time before the panel's reportis made.
H. The panel shall make a written report which shall include its findings offact and recommendations and shall file it with the members of the schoolboard, the division superintendent and the teacher, not later than 30business days after the completion of the hearing.
I. A stenographic record or tape recording of the proceedings shall be taken.However, in proceedings concerning grievances not related to dismissal orprobation, the recording may be dispensed with entirely by mutual consent ofthe parties. In such proceedings, if the recording is not dispensed with, thetwo parties shall share the cost of the recording equally; if either partyrequests a transcript, that party shall bear the expense of its preparation.
In cases of dismissal or probation, a record or recording of the proceedingsshall be made and preserved for a period of six months. If either the teacheror the school board requests that a transcript of the record or recording bemade at any time prior to expiration of the six-month period, it shall bemade and copies shall be furnished to both parties. The school board shallbear the expense of the recording and the transcription.
J. The teacher shall bear his or her own expenses. The school board shallbear the expenses of the division superintendent. The expenses of the panelshall be borne one-half by the school board and one-half by the teacher.
K. The parties shall set the per diem rate of the panel. If the parties areunable to agree on the per diem, it shall be fixed by the judge of thecircuit court. No employee of the school division shall receive such per diemfor service on a panel during his normal work hours if he receives his normalsalary for the period of such service.
L. The recommendations and findings of fact of the panel submitted to theschool board shall be based exclusively upon the evidence presented to thepanel at the hearing. No panel member shall conduct an independentinvestigation involving the matter grieved.
M. Witnesses who are employees of the school board shall be granted releasetime if the hearing is held during the school day. The hearing shall be heldat the school in which most witnesses work, if feasible.
N. For the purposes of this section, "business day" means any day that therelevant school board office is open.
(Code 1950, § 22-217.7:1; 1979, c. 298; 1980, c. 559; 1983, cc. 327, 354;1984, c. 742; 1988, c. 242; 2000, c. 837; 2003, c. 161; 2004, c. 1007.)
A. In the event that a hearing before a fact-finding panel is requested, athree-member panel shall be selected by the following method. The teachershall select one panel member from among other employees of the schooldivision. The division superintendent shall select one panel member fromamong employees of the school division. The teacher and the divisionsuperintendent shall select their respective panel members within fivebusiness days of any request for a hearing before a fact-finding panel. Thetwo panel members so selected shall select the third impartial panel member.
If within five business days after both panel members have been selected theyare unable to agree upon a third panel member, the chief judge of the circuitcourt shall be requested by the two members of the panel to furnish a list offive qualified and impartial fact finders, one of whom shall then be selectedby the two members of the panel as the third member. The persons comprisingthe list may reside within or without the jurisdiction of the circuit court,be residents of the Commonwealth of Virginia and, in all cases, shall possesssome knowledge and expertise in public education and education law and shallbe deemed by the judge capable of presiding over an administrative hearing.Selection shall be made by the panel members alternately deleting any namefrom the list until only one remains. The panel member selected by theteacher shall make the first deletion. This selection process shall becompleted within five business days after receipt of the list of fact findersfrom the chief judge. The third impartial panel member shall chair the panel.No elected official shall serve as a panel member. Panel members shall not beparties to, or witnesses to, the matter grieved.
With the agreement of the teacher's and division superintendent's panelmembers, the impartial panel member shall have the authority to conduct thehearing and make recommendations as set forth herein while acting as ahearing officer.
The Attorney General shall represent personally or through one of hisassistants any third impartial panel member who shall be made a defendant inany civil action arising out of any matter connected with his duties as apanel member. If, in the opinion of the Attorney General, it is impracticableor uneconomical for such legal representation to be rendered by him or one ofhis assistants, he may employ special counsel for this purpose, whosecompensation shall be fixed by the Attorney General and be paid out of thefunds appropriated for the administration of the Department of Education.
B. The panel shall set the time for a hearing, which shall be held within 30business days, and shall so notify the division superintendent and theteacher. The teacher and the division superintendent each may have present atthe hearing and be represented at all stages by a representative or legalcounsel. The panel may hear a recommendation for dismissal and make adetermination whether to make a recommendation to the Board of Educationregarding the teacher's license at the same hearing or hold a separatehearing for each action.
C. The panel shall determine the propriety of attendance at the hearing ofpersons not having a direct interest in the hearing; however, at the requestof the teacher, the hearing shall be private.
D. The panel may ask, at the beginning of the hearing, for statements fromthe division superintendent and the teacher clarifying the issues involved.
The parties shall then present their claims and evidence. Witnesses may bequestioned by the panel members, the teacher and the division superintendent.The panel may, at its discretion, vary this procedure but shall afford fulland equal opportunity to all parties for presentation of any material orrelevant evidence and shall afford the parties the right of cross-examination.
The parties shall produce such additional evidence as the panel may deemnecessary to an understanding and determination of the dispute. The panelshall be the judge of relevancy and materiality of the evidence offered. Allevidence shall be taken in the presence of the panel and of the parties.
E. Exhibits offered by the teacher or the division superintendent may bereceived in evidence by the panel and, when so received, shall be marked andmade a part of the record.
F. The facts found and recommendations made by the panel shall be arrived atby a majority vote of the panel members.
G. The hearing may be reopened by the panel on its own motion or uponapplication of the teacher or the division superintendent for good causeshown to hear after-discovered evidence at any time before the panel's reportis made.
H. The panel shall make a written report which shall include its findings offact and recommendations and shall file it with the members of the schoolboard, the division superintendent and the teacher, not later than 30business days after the completion of the hearing.
I. A stenographic record or tape recording of the proceedings shall be taken.However, in proceedings concerning grievances not related to dismissal orprobation, the recording may be dispensed with entirely by mutual consent ofthe parties. In such proceedings, if the recording is not dispensed with, thetwo parties shall share the cost of the recording equally; if either partyrequests a transcript, that party shall bear the expense of its preparation.
In cases of dismissal or probation, a record or recording of the proceedingsshall be made and preserved for a period of six months. If either the teacheror the school board requests that a transcript of the record or recording bemade at any time prior to expiration of the six-month period, it shall bemade and copies shall be furnished to both parties. The school board shallbear the expense of the recording and the transcription.
J. The teacher shall bear his or her own expenses. The school board shallbear the expenses of the division superintendent. The expenses of the panelshall be borne one-half by the school board and one-half by the teacher.
K. The parties shall set the per diem rate of the panel. If the parties areunable to agree on the per diem, it shall be fixed by the judge of thecircuit court. No employee of the school division shall receive such per diemfor service on a panel during his normal work hours if he receives his normalsalary for the period of such service.
L. The recommendations and findings of fact of the panel submitted to theschool board shall be based exclusively upon the evidence presented to thepanel at the hearing. No panel member shall conduct an independentinvestigation involving the matter grieved.
M. Witnesses who are employees of the school board shall be granted releasetime if the hearing is held during the school day. The hearing shall be heldat the school in which most witnesses work, if feasible.
N. For the purposes of this section, "business day" means any day that therelevant school board office is open.
(Code 1950, § 22-217.7:1; 1979, c. 298; 1980, c. 559; 1983, cc. 327, 354;1984, c. 742; 1988, c. 242; 2000, c. 837; 2003, c. 161; 2004, c. 1007.)
