CODE OF VIRGINIA

HEARING BEFORE SCHOOL BOARD OR HEARING OFFICER (§ 22.1-311)

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 hearing officer shall possess some knowledge and expertise
in public education and education law and be capable of presiding over an
administrative 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.

HISTORY: Code 1950, § 22-217.7; 1968, c. 691; 1976, c. 282; 1980, c. 559; 2004,
c. 1007; 2013, cc. 588, 650.