Teachers may be dismissed for incompetency, immorality, noncompliance with school laws and regulations, disability as shown by competent medical evidence when in compliance with federal law, conviction of a felony or a crime of moral turpitude, or other good and just cause. A teacher shall be dismissed if such teacher is or becomes the subject of a founded complaint of child abuse and neglect, pursuant to § 63.2-1505, and after all rights to any administrative appeal provided by § 63.2-1526 have been exhausted. The fact of such finding, after all rights to any administrative appeal provided by § 63.2-1526 have been exhausted, shall be grounds for the local school division to recommend that the Board of Education revoke such person's license to teach. No teacher shall be dismissed or placed on probation solely on the basis of the teacher's refusal to submit to a polygraph examination requested by the school board.
Code 1950, § 22-217.5; 1968, c. 691; 1975, c. 308; 1980, c. 559; 1993, c. 498; 1996, c. 961; 2008, c. 555; 2013, cc. 588, 650; 2017, c. 240; 2020, cc. 56, 168.
Notes of Decisions
Butler v. Fairfax Cnty. Sch. Bd., 780 S.E.2d 277 (Va. 2015).
· cites it 4× “1(A) applies not only to regular teachers, but all school board employees, "whether full-time or part-time, permanent, or temporary.”
Wilkinson v. Sch. Bd. of Cnty. of Henrico, 566 F. Supp. 766 (E.D. Va. 1983).
· cites it 6× “Defendants also admit that pursuant to that section, plaintiff is entitled to continuing contracts during good behavior and competent service and may be dismissed only for cause as provided in Va.Code § 22.1-307. Plaintiff bases her claim to a property interest on her continuing…”
Dennis v. Cnty. Sch. Bd. of Rappahannock Co., 582 F. Supp. 536 (W.D. Va. 1984).
· cites it 2× “Nothing contained herein shall be taken to require cause as defined in § 22.1-307 for the nonrenewal of the contract of a teacher who has not achieved continuing contract status nor shall the failure of the school board or the division superintendent to comply with any time…”
Underwood v. Henry Cnty. Sch. Bd., 427 S.E.2d 330 (Va. 1993).
· cites it 2× “” Section 22.1-307, also cited by Underwood, provides that “[t]eachers may be dismissed or placed on probation for incompetency, immorality, noncompliance with school laws and regulations, disability as shown by competent medical evidence, conviction of a felony or a crime of…”
Lee v. Albemarle Cnty. Sch. Bd., 648 F. Supp. 744 (W.D. Va. 1986).
· cites it 2× “Virginia Code § 22.1-307 provides school boards with broad discretion in dismissing employees: Teachers may be dismissed or placed on probation for incompetency, immorality, noncompliance with school laws and regulations, disability as shown by competent medical evidence,…”
Williams v. Charlottesville Sch. Bd., 940 F. Supp. 143 (W.D. Va. 1996).
· cites it 3× “” Va.Code § 22.1-307. Although the school board may place the teacher on probation, it cannot reclassify a continuing contract teacher as a probationary contract teacher (except as § 22.”
Smith v. Sch. Bd. of the City of Virginia Beach, Virginia, No. 2:19-cv-00469 (E.D. Va. Jan. 31, 2020).
· cites it 8× “Specifically, Plaintiff alleges the following: Race Discrimination in violation of Title VII (Count 1); Breach of Contract by Dismissal Without Good and Just Cause Required under Virginia Code § 22.1-307 (Count 2); Breach of Contract By Dismissal Without Good Cause Required…”
Flinn v. Fairfax Cnty. Sch. Bd., 87 Va. Cir. 262 (Fairfax Cir. Ct. 2013).
“Nothing contained herein shall be taken to require cause, as defined in § 22.1-307, for the nonrenewal of the contract of a teacher who has not achieved continuing contract status.”
Luckett v. City of Harrisonburg Sch. Bd., 14 Va. Cir. 76 (Rockingham Cir. Ct. 1988).
“1-304 and § 22.1-307. Even if the defendant School Board’s action contravened those Code sections, would its action be a wrongful discharge? In Bowman v.”
Va. Code Ann. § 22.1-307(A): 1 case
Butler v. Fairfax Cnty. Sch. Bd., 780 S.E.2d 277 (Va. 2015).
“1(A) applies not only to regular teachers, but all school board employees, "whether full-time or part-time, permanent, or temporary.”
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