As used in this article, unless the context requires a different meaning:
"Business day" means any day that the relevant school board office is open.
"Day" means calendar days unless a different meaning is clearly expressed in this article. Whenever the last day for performing an act required by this article falls on a Saturday, Sunday, or legal holiday, the act may be performed on the next day that is not a Saturday, Sunday, or legal holiday.
"Dismissal" means the dismissal of any teacher during the term of such teacher's contract.
"Grievance" means a complaint or dispute by a teacher relating to his employment, including (i) disciplinary action including dismissal; (ii) the application or interpretation of (a) personnel policies, (b) procedures, (c) rules and regulations, (d) ordinances, and (e) statutes; (iii) acts of reprisal against a teacher for filing or processing a grievance, participating as a witness in any step, meeting, or hearing relating to a grievance, or serving as a member of a fact-finding panel; and (iv) complaints of discrimination on the basis of race, color, creed, religion, political affiliation, disability, age, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or military status. Each school board shall have the exclusive right to manage the affairs and operations of the school division. Accordingly, the term "grievance" shall not include a complaint or dispute by a teacher relating to (a) establishment and revision of wages or salaries, position classifications, or general benefits; (b) suspension of a teacher or nonrenewal of the contract of a teacher who has not achieved continuing contract status; (c) the establishment or contents of ordinances, statutes, or personnel policies, procedures, rules, and regulations; (d) failure to promote; (e) discharge, layoff, or suspension from duties because of decrease in enrollment, decrease in enrollment or abolition of a particular subject, or insufficient funding; (f) hiring, transfer, assignment, and retention of teachers within the school division; (g) suspension from duties in emergencies; (h) the methods, means, and personnel by which the school division's operations are to be carried on; or (i) coaching or extracurricular activity sponsorship.
While these management rights are reserved to the school board, failure to apply, where applicable, the rules, regulations, policies, or procedures as written or established by the school board is grievable.
"Military status" means status as (i) a member of the uniformed forces, as defined in 10 U.S.C. § 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. § 10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50.
"Religion" includes any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols.
Code 1950, § 22-217.5:1; 1979, c. 298; 1980, c. 559; 1981, c. 646; 1992, c. 679; 2013, cc. 588, 650; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 477, 478; 2022, c. 799.
Notes of Decisions
Tazewell Cnty. Sch. Bd. v. Gillenwater, 400 S.E.2d 199 (Va. 1991).
· cites it 16× “In this appeal, we consider whether a public school teacher’s “statement of grievance” constitutes a grievance as defined by Code § 22.1-306. Doris Gillenwater is a teacher employed by the Tazewell County School Board to teach at Graham Intermediate School.”
Tazewell Cnty. Sch. Bd. v. Brown, 591 S.E.2d 671 (Va. 2004).
· cites it 7× “’ ” The definition of that term in Code §22.1-306 expressly excludes “a complaint or dispute by a teacher relating to .”
Cnty. Sch. Bd. of York Cnty. v. Epperson, 246 Va. 214 (Va. 1992).
· cites it 12× “Code §§ 22.1-306 to -314. The Virginia Board of Education, in its “Procedure For Adjusting Grievances,” has established a process, mainly tracking the statutes, “for resolving disputes concerning application of local school board policies, rules, and regulations as they affect…”
Echtenkamp v. Loudon Cnty. Pub. Schs., 263 F. Supp. 2d 1043 (E.D. Va. 2003).
· cites it 3× “See Va.Code § 22.1-306 (defining “grievance” to include complaints relating to “disciplinary action[s] including dismissal or placing on probation ”).”
Green v. Fairfax Cnty. Sch. Bd., 832 F. Supp. 1032 (E.D. Va. 1993).
· cites it 3× “Therefore, she not only received all of the process that she was due, she also voluntarily abandoned her right to seek additional relief. Exactly what additional process Mrs.”
Underwood v. Henry Cnty. Sch. Bd., 427 S.E.2d 330 (Va. 1993).
· cites it 2× “See also Code § 22.1-306(1) (discharge, suspension, or layoff because of insufficient funding not included in definition of term “grievance” in statute establishing teacher grievance procedure).”
Fairfax Cnty. Sch. Bd. v. Faber, 75 Va. Cir. 290 (Fairfax Cir. Ct. 2008).
· cites it 23× “” Va. Code § 22.1-306. Section 22.1-306 then sets out a non-exhaustive list of issues that are grievable, including: (i) disciplinary action including dismissal or placing on probation; (ii) the application or interpretation of: (a) personnel policies, (b) procedures, (c) rules…”
Va. Educ. Ass'n v. Commonwealth, 803 S.E.2d 320 (Va. 2017).
“), shall be settled through the employee grievance procedure as provided in §§ 22.1-306 and 22.1-308 through 22.1-314.”
McKay v. Clarke Cnty. Sch. Bd., 10 Va. Cir. 339 (Clarke Cir. Ct. 1987).
· cites it 3× “1, Chapter 15, Article 3 of the Code, §§ 22.1-306 et seq. and Part B of the Procedure for Adjusting Grievances adopted by the Board of Education pursuant to statute.”
Rust v. City of Winchester, 47 Va. Cir. 252 (Winchester Cir. Ct. 1998).
· cites it 2× “2d 199 (1991), the trial court heard evidence to determine whether a public school teacher’s “statement of grievance” constituted a grievance under Code section 22.1-306, but the Supreme Court based its decision on grievability on the “statement of grievance.”
Va. Code Ann. § 22.1-306(1): 3 cases
Tazewell Cnty. Sch. Bd. v. Gillenwater, 400 S.E.2d 199 (Va. 1991).
“In this appeal, we consider whether a public school teacher’s “statement of grievance” constitutes a grievance as defined by Code § 22.1-306. Doris Gillenwater is a teacher employed by the Tazewell County School Board to teach at Graham Intermediate School.”
Cnty. Sch. Bd. of York Cnty. v. Epperson, 246 Va. 214 (Va. 1992).
“Code §§ 22.1-306 to -314. The Virginia Board of Education, in its “Procedure For Adjusting Grievances,” has established a process, mainly tracking the statutes, “for resolving disputes concerning application of local school board policies, rules, and regulations as they affect…”
Underwood v. Henry Cnty. Sch. Bd., 427 S.E.2d 330 (Va. 1993).
“See also Code § 22.1-306(1) (discharge, suspension, or layoff because of insufficient funding not included in definition of term “grievance” in statute establishing teacher grievance procedure).”
Va. Code Ann. § 22.1-306(i): 1 case
Fairfax Cnty. Sch. Bd. v. Faber, 75 Va. Cir. 290 (Fairfax Cir. Ct. 2008).
“” Va. Code § 22.1-306. Section 22.1-306 then sets out a non-exhaustive list of issues that are grievable, including: (i) disciplinary action including dismissal or placing on probation; (ii) the application or interpretation of: (a) personnel policies, (b) procedures, (c) rules…”
Va. Code Ann. § 22.1-306(vi): 1 case
Fairfax Cnty. Sch. Bd. v. Faber, 75 Va. Cir. 290 (Fairfax Cir. Ct. 2008).
“” Va. Code § 22.1-306. Section 22.1-306 then sets out a non-exhaustive list of issues that are grievable, including: (i) disciplinary action including dismissal or placing on probation; (ii) the application or interpretation of: (a) personnel policies, (b) procedures, (c) rules…”
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