Va. Code » Title 22.1. Education » Chapter 15. Teachers, Officers and Employees » Article 2. Terms of Employment Generally
Virginia Code

Va. Code Ann. § 22.1-304 (2026)

Reemployment of teacher who has not achieved continuing contract status; effect of continuing contract; resignation of teacher; reduction in number of teachers

✓ current as of May 2026
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A. If a teacher who has not achieved continuing contract status receives notice of reemployment, he must accept or reject in writing within 15 days of receipt of such notice. Except as provided in § 22.1-305 and except in the case of a reduction in force as provided in subsection F, written notice of nonrenewal of the probationary contract must be given by the school board on or before June 15 of each year. If no such notice is given a teacher by June 15, the teacher shall be entitled to a contract for the ensuing year in accordance with local salary stipulations including increments.

B. Teachers employed after completing the probationary period shall be entitled to continuing contracts during good behavior and competent service. Written notice of noncontinuation of the contract by the teacher must be given by June 15 of each year; otherwise, the contract continues in effect for the ensuing year in conformity with local salary stipulations including increments.

C. A teacher may resign after June 15 of any school year with the approval of the local school board or, upon authorization by the school board, with the approval of the division superintendent. The teacher shall request release from contract at least two weeks in advance of intended date of resignation. Such request shall be in writing and shall set forth the cause of resignation.

If the division superintendent has been authorized to approve resignations, a teacher may, within one week, withdraw a request to resign. Upon the expiration of the one-week period, the division superintendent shall notify the school board of his decision to accept or reject the resignation. The school board, within two weeks, may reverse the decision of the division superintendent.

In the event that the board or the division superintendent declines to grant the request for release on the grounds of insufficient or unjustifiable cause, and the teacher breaches such contract, disciplinary action, which may include written reprimand, suspension, or revocation of the teacher's license, may be taken pursuant to regulations prescribed by the Board of Education.

D. As soon after June 15 as the school budget shall have been approved by the appropriating body, the school board shall furnish each teacher a statement confirming continuation of employment, setting forth assignment and salary.

Nothing in the continuing contract shall be construed to authorize the school board to contract for any financial obligation beyond the period for which funds have been made available with which to meet such obligation.

E. A school board may reduce the number of teachers, whether or not such teachers have reached continuing contract status, because of decrease in enrollment or abolition of particular subjects.

F. Within two weeks of the approval of the school budget by the appropriating body, but no later than July 1, school boards shall notify all teachers who may be subject to a reduction in force due to a decrease in the school board's budget as approved by the appropriating body.

G. If a school board implements a reduction in workforce pursuant to this section, such reduction shall not be made solely on the basis of seniority but must include consideration of, among other things, the performance evaluations of the teachers potentially affected by the reduction in workforce.

Code 1950, § 22-217.4; 1968, c. 691; 1978, c. 147; 1979, c. 98; 1980, c. 559; 1992, c. 132; 1993, c. 294; 1996, c. 840; 2000, c. 709; 2001, c. 540; 2002, c. 714; 2003, c. 706; 2012, cc. 106, 687; 2013, cc. 588, 650; 2019, c. 587; 2020, c. 513; 2026, cc. 333, 911.

Notes of Decisions
Cited in 13 cases, 1981–2020 · leading case: Dennis v. Cnty. Sch. Bd. of Rappahannock Co., 582 F. Supp. 536 (W.D. Va. 1984).
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Dennis v. Cnty. Sch. Bd. of Rappahannock Co., 582 F. Supp. 536 (W.D. Va. 1984). · cites it 14× “Second, the plaintiff alleges that the defendant School Board’s written notice of the nonrenewal of his teaching contract was not received until after the April 15 deadline established in Va.Code § 22.1-304, thereby entitling the plaintiff to a probationary contract for the…”
Sch. Bd. of Norfolk v. Giannoutsos, 380 S.E.2d 647 (Va. 1989). · cites it 6× “In this appeal, we decide whether the trial court erred in awarding money damages to a probationary school teacher who failed to receive the notice of nonrenewal required by Code § 22.1-304. The School Board of the City of Norfolk (School Board) contended, among other things,…”
Underwood v. Henry Cnty. Sch. Bd., 427 S.E.2d 330 (Va. 1993). · cites it 20× “Under Code § 22.1-304, a teacher employed after completing the probationary period is entitled to a continuing contract “during good behavior and competent service.”
Butler v. Fairfax Cnty. Sch. Bd., 780 S.E.2d 277 (Va. 2015). · cites it 2× “Third, Butler argues that under Code § 22.1-304(B), her continuing contract entitles her to employment "during good behavior and competent service.”
Corns v. Sch. Bd. of Russell Cnty., 454 S.E.2d 728 (Va. 1995). · cites it 4× “” The function of a “continuing contract” is explicated in Code § 22.1-304: “Teachers employed after completing the probationary period shall be entitled to continuing contracts during good behavior and competent service .”
Wilkinson v. Sch. Bd. of Cnty. of Henrico, 566 F. Supp. 766 (E.D. Va. 1983). · cites it 3× “Defendants admit that at all times relevant to this action, plaintiff has been employed under a continuing contract as required by Va.Code § 22.1-304. Defendants also admit that pursuant to that section, plaintiff is entitled to continuing contracts during good behavior and…”
Williams v. Charlottesville Sch. Bd., 940 F. Supp. 143 (W.D. Va. 1996). “1-303 expressly permits), because § 22.1-304 directs that “[t]eachers employed after completing the probationary period shall be entitled to continuing contract status.”
Thurston v. Roanoke City Sch. Bd., 26 F. Supp. 2d 882 (W.D. Va. 1998). · cites it 19× “According to Thurston, she attained “continuing contract status” under Va. Code Ann. § 22.1-304 (Michie 1997), and when the Board fired her, it deprived her of her property interest in public employment without notice and a hearing.”
Corns v. Sch. Bd. of Russell Cnty., Va., 835 F. Supp. 892 (W.D. Va. 1993). · cites it 12× “7 Va.Code Ann. § 22.1-304 (1985) (emphasis added).”
Smith v. Sch. Bd. of the City of Virginia Beach, Virginia (E.D. Va. 2020). · cites it 4× “Virginia Code § 22.1-304(A) requires a school board to provide teachers “written notice of nonrenewal of the probationary contract.”
Williams v. Northampton Cnty. Sch. Bd., 58 Va. Cir. 158 (2002). · cites it 5× “In their memorandums, respectively, for and against the motion for summary judgment, counsel for the parties exhaust the subject of notice under Va. Code §§ 22.1-304 and 22.1-305. At argument, counsel for defendant argued that the plaintiff cannot now pursue a common law count…”
Luckett v. City of Harrisonburg Sch. Bd., 14 Va. Cir. 76 (Rockingham Cir. Ct. 1988). · cites it 4× “" Code § 22.1-304 states that "a school board may reduce the number of teachers, whether or not such teachers have reached continuing contract status, because of decrease in enrollment or abolition of particular subject.”
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Va. Code Ann. § 22.1-304(A): 1 case
Smith v. Sch. Bd. of the City of Virginia Beach, Virginia (E.D. Va. 2020). “Virginia Code § 22.1-304(A) requires a school board to provide teachers “written notice of nonrenewal of the probationary contract.”
Va. Code Ann. § 22.1-304(B): 1 case
Butler v. Fairfax Cnty. Sch. Bd., 780 S.E.2d 277 (Va. 2015). “Third, Butler argues that under Code § 22.1-304(B), her continuing contract entitles her to employment "during good behavior and competent service.”
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