Decisions regarding whether or not a matter is grievable shall be made by the school board at the request of the school division administration or grievant and such decision shall be made within 10 business days of such request. The school board shall reach its decision only after allowing the school division administration and the grievant opportunity to present written or oral arguments regarding grievability. The decision as to whether the arguments shall be written or oral shall be in the discretion of the school board. Decisions of the school board may be appealed to the circuit court having jurisdiction in the school division for a hearing on the issue of grievability.
Proceedings for review of the decision of the school board shall be instituted by filing a notice of appeal with the school board within 10 business days after the date of the decision and giving a copy thereof to all other parties. Within 10 business days thereafter, the school board shall transmit to the clerk of the court to which the appeal is taken a copy of its decision, a copy of the notice of appeal, and the exhibits. The failure of the school board to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court, on motion of the grievant, may issue a writ of certiorari requiring the school board to transmit the record on or before a certain date. Within 10 business days of receipt by the clerk of such record, the court, sitting without a jury, shall hear the appeal on the record transmitted by the school board and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require. The court may affirm the decision of the school board or may reverse or modify the decision. The decision of the court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. Such determination of grievability shall be made subsequent to the reduction of the grievance to writing but prior to any hearing or the right to such determination shall be deemed to have been waived.
Code 1950, § 22-217.8:01; 1979, c. 298; 1980, c. 559; 1987, c. 97; 2003, c. 187; 2013, cc. 588, 650.
Notes of Decisions
Tazewell Cnty. Sch. Bd. v. Brown, 591 S.E.2d 671 (Va. 2004).
· cites it 4× “In accordance with the provisions of Code § 22.1-314, the School Board transmitted the notice of appeal, exhibits, and other relevant documents to the circuit court.”
Sch. Bd. v. Burk, 455 S.E.2d 228 (Va. 1995).
· cites it 4× “Virginia Code § 22.1-314 states in pertinent part: Proceedings for review of the decision of the school board [regarding grievability] shall be instituted by filing a notice of appeal with the school board within ten days after the date of the decision and giving a copy thereof…”
Sullivan v. Warren Cnty. Sch. Bd., 49 Va. Cir. 226 (Warren Cir. Ct. 1999).
“426 (Loudoun County 1993) (construing § 22.1-314 in teacher grievance). While the substantive decision of the school board is not subject to judicial review, McKay v.”
Burk v. Loudoun Cnty. Sch. Bd., 31 Va. Cir. 426 (Loudoun Cir. Ct. 1993).
· cites it 3× “” Upon the institution of the instant appeal to this Court pursuant to § 22.1-314, Code of Virginia as amended, the School Board filed a Motion to Dismiss.”
McKay v. Clarke Cnty. Sch. Bd., 10 Va. Cir. 339 (Clarke Cir. Ct. 1987).
· cites it 2× “Section 22.1-314 provides in part, "Decisions of the school board may be appealed to the circuit court having jurisdiction in the school division *341 for a hearing on the issue of grievability.”
Williams v. Northampton Cnty. Sch. Bd., 58 Va. Cir. 158 (2002).
· cites it 4× “) Note that plaintiff left out any reference to her right to appeal pursuant to Va. Code Ann. §22.1-314 (2000 Repl. Vol.) wherein the provisions for appeal are established.”
Fairfax Cnty. Sch. Bd. v. Faber, 75 Va. Cir. 290 (Fairfax Cir. Ct. 2008).
· cites it 4× “KLEIN The Fairfax County School Board (“the Board” or “FCSB) initiated this appeal under Virginia Code § 22.1-314 on behalf of Michelle M. Faber, a Fairfax County school teacher, seeking to overturn a determination by the Board finding that her conditional reappointment was not…”
Jones v. Sch. Bd., 56 Va. Cir. 333 (Richmond County Cir. Ct. 2001).
· cites it 3× “The statute governing grievability in the instant case is Va. Code § 22.1-314 which states in relevant part, “Decisions regarding whether or not a matter is grievable shall be made by the school board .”
Boetcher v. Sch. Bd., 10 Va. Cir. 539 (Virginia Beach Cir. Ct. 1984).
· cites it 2× “1-308(6), (7), and (8), and Section 22.1-314 of the Code, and the "Procedure for Adjusting Grievances" enacted by the Virginia Department of Education pursuant to such statutory authority, that the decision of the School Board is final insofar as it addresses the procedural…”
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