A. The Board of Education shall prescribe a grievance procedure which shall include the following:
1. Except in the case of dismissal or placing on probation, a first step which shall provide for an informal, initial processing of a grievance by the most immediate appropriate supervisor through a discussion;
2. A requirement that all stages of the grievance beyond the first step be in writing on forms prescribed by the Board of Education and supplied by the school board;
3. A requirement that in reducing the grievance to writing, the teacher shall specify the specific relief sought through the use of the procedure;
4. The right of the grievant and the respondent to present appropriate witnesses and be represented by legal counsel and another representative;
5. Reasonable time limitations, prescribed by the Board, for the grievant to submit an initial complaint and to appeal each decision through the steps of the grievance procedure which shall correspond generally or be equivalent to the time prescribed for response at each step;
6. Termination of the right of the grievant to further appeal upon failure of the grievant to comply with all substantial procedural requirements of the grievance procedure without just cause;
7. The right of the grievant, at his option, upon failure of the respondent to comply with all substantial procedural requirements without just cause, to advancement to the next step or, in the final step, to a decision in his favor;
8. A final step which shall provide for a final decision on the grievance by the school board;
9. The provisions of §§ 22.1-309 through 22.1-313.
B. Representatives referred to in subsection A 4 of this section may examine, cross-examine, question and present evidence on behalf of a grievant or respondent in the grievance procedure without being in violation of the provisions of § 54.1-3904.
C. Nothing in the procedure shall be construed to restrict any teacher's right to seek or a school division administration's right to provide customary review of complaints that are not included within the definition of a grievance.
Code 1950, § 22-217.5:2; 1979, c. 298; 1980, c. 559; 1992, c. 679.
Notes of Decisions
Tazewell Cnty. Sch. Bd. v. Brown, 591 S.E.2d 671 (Va. 2004).
· cites it 11× “The provisions of Code § 22.1-308 require the Board of Education to prescribe one of the grievance procedures, which we shall call the “State Grievance Procedure.”
Cnty. Sch. Bd. of York Cnty. v. Epperson, 246 Va. 214 (Va. 1992).
· cites it 2× “See Code §§ 22.1-308 to -312. The statutory scheme allows the school board initially to decide, either at the request of the division superintendent or the grievant, whether a matter “is grievable.”
Sullivan v. Warren Cnty. Sch. Bd., 49 Va. Cir. 226 (Warren Cir. Ct. 1999).
· cites it 5× “The parameters established for the Board of Education in establishing a grievance procedure are set forth in Virginia Code § 22.1-308, and the procedures themselves have been established and are set forth in the Virginia Administrative Code.”
Hickam (E.D. Va. 2026).
· cites it 4× “§ 22.1-308(A). The Board answered this directive by promulgating 8 VAC 20-90-10, et seq.”
McKay v. Clarke Cnty. Sch. Bd., 10 Va. Cir. 339 (Clarke Cir. Ct. 1987).
· cites it 2× “Section 22.1-308 requires the Board of Education to adopt specific grievance procedures and in subsection A8 that there be procedurally "[a] final step which shall provide for a final decision on the grievance by the school board.”
Boetcher v. Sch. Bd., 10 Va. Cir. 539 (Virginia Beach Cir. Ct. 1984).
· cites it 2× “I have concluded that pursuant to Section 22.1-308(6), (7), and (8), and Section 22.”
Va. Code Ann. § 22.1-308(6): 1 case
Boetcher v. Sch. Bd., 10 Va. Cir. 539 (Virginia Beach Cir. Ct. 1984).
“I have concluded that pursuant to Section 22.1-308(6), (7), and (8), and Section 22.”
Va. Code Ann. § 22.1-308(A): 1 case
Hickam (E.D. Va. 2026).
“§ 22.1-308(A). The Board answered this directive by promulgating 8 VAC 20-90-10, et seq.”
Va. Code Ann. § 22.1-308(A)(8): 1 case
Sullivan v. Warren Cnty. Sch. Bd., 49 Va. Cir. 226 (Warren Cir. Ct. 1999).
“The parameters established for the Board of Education in establishing a grievance procedure are set forth in Virginia Code § 22.1-308, and the procedures themselves have been established and are set forth in the Virginia Administrative Code.”
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