22.1-303 - Probationary terms of service for teachers.
§ 22.1-303. Probationary terms of service for teachers.
A. A probationary term of service for three years in the same school divisionshall be required before a teacher is issued a continuing contract. Schoolboards shall provide each probationary teacher except probationary teacherswho have prior successful teaching experience, as determined by the localschool board in a school division, a mentor teacher, as described by Boardguidelines developed pursuant to § 22.1-305.1, during the first year of theprobationary period, to assist such probationary teacher in achievingexcellence in instruction. During the probationary period, such probationaryteacher shall be evaluated annually based upon the evaluation proceduresdeveloped by the employing school board for use by the divisionsuperintendent and principals in evaluating instructional personnel asrequired by § 22.1-295 C. The division superintendent shall consider suchevaluations, among other things, in making any recommendations to the schoolboard regarding the nonrenewal of such probationary teacher's contract asprovided in § 22.1-305.
If the teacher's performance evaluation during the probationary period is notsatisfactory, the school board shall not reemploy the teacher; however,nothing contained in this subsection shall be construed to require cause, asdefined in § 22.1-307, for the nonrenewal of the contract of a teacher whohas not achieved continuing contract status.
Any teacher hired on or after July 1, 2001, shall be required, as a conditionof achieving continuing contract status, to have successfully completedtraining in instructional strategies and techniques for intervention for orremediation of students who fail or are at risk of failing the Standards ofLearning assessments. Local school divisions shall be required to providesaid training at no cost to teachers employed in their division. In the eventa local school division fails to offer said training in a timely manner, noteacher will be denied continuing contract status for failure to obtain suchtraining.
B. Once a continuing contract status has been attained in a school divisionin the Commonwealth, another probationary period need not be served in anyother school division unless such probationary period, not to exceed oneyear, is made a part of the contract of employment. Further, when a teacherhas attained continuing contract status in a school division in theCommonwealth, and separates from and returns to teaching service in a schooldivision in Virginia by the beginning of the third year, such teacher shallbe required to serve a probationary period not to exceed one year, if made apart of the contract for employment.
C. For the purpose of calculating the three years of service required toattain continuing contract status, at least 160 contractual teaching daysduring the school year shall be deemed the equivalent of one year in thefirst year of service by a teacher.
D. Teachers holding three-year local eligibility licenses pursuant to §22.1-299.3 shall not be eligible for continuing contract status whileteaching under the authority of such license. Upon attainment of a collegiateprofessional or postgraduate professional license issued by the Department ofEducation, such teachers shall serve the three-year probationary period priorto being eligible for continuing contract status pursuant to this section.
(Code 1950, § 22-217.3; 1968, c. 691; 1969, Ex. Sess., c. 3; 1976, cc. 191,226; 1979, c. 275; 1980, c. 559; 1985, c. 348; 1989, c. 100; 1999, cc. 831,1030, 1037; 2000, c. 689; 2001, cc. 865, 872; 2006, c. 373.)