§ 22.1-314. Decision of school board; issue of grievability; appeal.
Decisions regarding whether or not a matter is grievable shall be made by theschool board at the request of the school division administration or grievantand such decision shall be made within 10 business days of such request. Theschool board shall reach its decision only after allowing the school divisionadministration and the grievant opportunity to present written or oralarguments regarding grievability. The decision as to whether the argumentsshall be written or oral shall be in the discretion of the school board.Decisions of the school board may be appealed to the circuit court havingjurisdiction in the school division for a hearing on the issue ofgrievability.
Proceedings for review of the decision of the school board shall beinstituted by filing a notice of appeal with the school board within 10business days after the date of the decision and giving a copy thereof to allother parties. Within 10 business days thereafter, the school board shalltransmit to the clerk of the court to which the appeal is taken a copy of itsdecision, a copy of the notice of appeal, and the exhibits. The failure ofthe school board to transmit the record within the time allowed shall notprejudice the rights of the grievant. The court, on motion of the grievant,may issue a writ of certiorari requiring the school board to transmit therecord on or before a certain date. Within 10 business days of receipt bythe clerk of such record, the court, sitting without a jury, shall hear theappeal on the record transmitted by the school board and such additionalevidence as may be necessary to resolve any controversy as to the correctnessof the record. The court, in its discretion, may receive such other evidenceas the ends of justice require. The court may affirm the decision of theschool board or may reverse or modify the decision. The decision of the courtshall be rendered no later than the fifteenth day from the date of theconclusion of the hearing. Such determination of grievability shall be madesubsequent to the reduction of the grievance to writing but prior to anypanel or school board hearing or the right to such determination shall bedeemed to have been waived.
(Code 1950, § 22-217.8:01; 1979, c. 298; 1980, c. 559; 1987, c. 97; 2003, c.187.)
§ 22.1-314. Decision of school board; issue of grievability; appeal.
Decisions regarding whether or not a matter is grievable shall be made by theschool board at the request of the school division administration or grievantand such decision shall be made within 10 business days of such request. Theschool board shall reach its decision only after allowing the school divisionadministration and the grievant opportunity to present written or oralarguments regarding grievability. The decision as to whether the argumentsshall be written or oral shall be in the discretion of the school board.Decisions of the school board may be appealed to the circuit court havingjurisdiction in the school division for a hearing on the issue ofgrievability.
Proceedings for review of the decision of the school board shall beinstituted by filing a notice of appeal with the school board within 10business days after the date of the decision and giving a copy thereof to allother parties. Within 10 business days thereafter, the school board shalltransmit to the clerk of the court to which the appeal is taken a copy of itsdecision, a copy of the notice of appeal, and the exhibits. The failure ofthe school board to transmit the record within the time allowed shall notprejudice the rights of the grievant. The court, on motion of the grievant,may issue a writ of certiorari requiring the school board to transmit therecord on or before a certain date. Within 10 business days of receipt bythe clerk of such record, the court, sitting without a jury, shall hear theappeal on the record transmitted by the school board and such additionalevidence as may be necessary to resolve any controversy as to the correctnessof the record. The court, in its discretion, may receive such other evidenceas the ends of justice require. The court may affirm the decision of theschool board or may reverse or modify the decision. The decision of the courtshall be rendered no later than the fifteenth day from the date of theconclusion of the hearing. Such determination of grievability shall be madesubsequent to the reduction of the grievance to writing but prior to anypanel or school board hearing or the right to such determination shall bedeemed to have been waived.
(Code 1950, § 22-217.8:01; 1979, c. 298; 1980, c. 559; 1987, c. 97; 2003, c.187.)
§ 22.1-314. Decision of school board; issue of grievability; appeal.
Decisions regarding whether or not a matter is grievable shall be made by theschool board at the request of the school division administration or grievantand such decision shall be made within 10 business days of such request. Theschool board shall reach its decision only after allowing the school divisionadministration and the grievant opportunity to present written or oralarguments regarding grievability. The decision as to whether the argumentsshall be written or oral shall be in the discretion of the school board.Decisions of the school board may be appealed to the circuit court havingjurisdiction in the school division for a hearing on the issue ofgrievability.
Proceedings for review of the decision of the school board shall beinstituted by filing a notice of appeal with the school board within 10business days after the date of the decision and giving a copy thereof to allother parties. Within 10 business days thereafter, the school board shalltransmit to the clerk of the court to which the appeal is taken a copy of itsdecision, a copy of the notice of appeal, and the exhibits. The failure ofthe school board to transmit the record within the time allowed shall notprejudice the rights of the grievant. The court, on motion of the grievant,may issue a writ of certiorari requiring the school board to transmit therecord on or before a certain date. Within 10 business days of receipt bythe clerk of such record, the court, sitting without a jury, shall hear theappeal on the record transmitted by the school board and such additionalevidence as may be necessary to resolve any controversy as to the correctnessof the record. The court, in its discretion, may receive such other evidenceas the ends of justice require. The court may affirm the decision of theschool board or may reverse or modify the decision. The decision of the courtshall be rendered no later than the fifteenth day from the date of theconclusion of the hearing. Such determination of grievability shall be madesubsequent to the reduction of the grievance to writing but prior to anypanel or school board hearing or the right to such determination shall bedeemed to have been waived.
(Code 1950, § 22-217.8:01; 1979, c. 298; 1980, c. 559; 1987, c. 97; 2003, c.187.)
