Action:
Proposed Amendments to the Procedure for Dismissals to Comport with Legislation from the 2020 General Assembly
Action 6244
General Information
| Action Summary |
Chapter 875 of the 2020 Acts of the Virginia General Assembly requires amendments to the Procedure for Adjusting Grievances (Procedure; 8VAC20-90), particularly the procedure for dismissals found in 8VAC20-90-70. Chapter 875 amended §§ 22.1-309 and 22.1-311 of the Code of Virginia to permit a school board to conduct a teacher grievance hearing before a three-member fact-finding panel consisting of one member selected by the teacher, one member selected by the division superintendent, and an impartial hearing officer selected by the other two panel members to serve as the chairman of the panel. Under the amended law, the school board continues to have the option of appointing a hearing officer or conducting the hearing itself. The legislation also removed the requirement that a teacher grievance hearing be set within 15 days of the request for such hearing and extends from five days to 10 days the minimum period of advanced written notice to the teacher of the time and place of such hearing. Other changes are designed to align the regulatory text with §§ 22.1-309 and 22.1-311 of the Code of Virginia.
The Board is also taking action to align 8VAC20-90-70 with §§ 22.1-309 and 22.1-311, as required by § 22.1-308(A)(9) of the Code of Virginia.
This action also includes amendments to 8VAC20-90-10 in order to conform the definition of “grievance” and add a definition of “military status,” pursuant to Chapter 1137 of the 2020 Acts of the Virginia General Assembly and Chapter 477 of the 2021 Acts of the Virginia General Assembly, respectively.
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| Chapters Affected |
Only affects this chapter.
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| Executive Branch Review |
This action will go through the normal Executive Branch Review process.
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| RIS Project |
Yes [7129] |
| Associated Mandates |
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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10008
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Fast-Track
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DPB review in progress. |
Contact Information
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Name / Title:
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Jim Chapman
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Director of Board Relations
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Address:
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James Monroe Bldg.
101 N. 14th St., 25th Floor
Richmond, VA 23219
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Email Address:
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jim.chapman@doe.virginia.gov
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Phone:
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(804)750-8750
FAX: ()-
TDD: ()-
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This person is the primary contact for this agency.
