22.1-304 - Reemployment of teacher who has not achieved continuing contract status; effect of continuing contract; resignation of teacher; reduction in number of teachers.
§ 22.1-304. Reemployment of teacher who has not achieved continuing contractstatus; effect of continuing contract; resignation of teacher; reduction innumber of teachers.
A. If a teacher who has not achieved continuing contract status receivesnotice of reemployment, he must accept or reject in writing within 15 days ofreceipt of such notice. Except as provided in § 22.1-305 and except in thecase of a reduction in force as provided in subsection F, written notice ofnonrenewal of the contract must be given by the school board on or beforeApril 15 of each year. If no such notice is given a teacher by April 15, theteacher shall be entitled to a contract for the ensuing year in accordancewith local salary stipulations including increments.
B. Teachers employed after completing the probationary period shall beentitled to continuing contracts during good behavior and competent serviceand prior to the age at which they are eligible or required to retire exceptas hereinafter provided. Written notice of noncontinuation of the contract byeither party must be given by April 15 of each year; otherwise the contractcontinues in effect for the ensuing year in conformity with local salarystipulations including increments.
C. A teacher may resign after April 15 of any school year with the approvalof the local school board or, upon authorization by the school board, withthe approval of the division superintendent. The teacher shall requestrelease from contract at least two weeks in advance of intended date ofresignation. Such request shall be in writing and shall set forth the causeof resignation.
If the division superintendent has been authorized to approve resignations, ateacher may, within one week, withdraw a request to resign. Upon theexpiration of the one-week period, the division superintendent shall notifythe school board of his decision to accept or reject the resignation. Theschool board, within two weeks, may reverse the decision of the divisionsuperintendent.
In the event that the board or the division superintendent declines to grantthe request for release on the grounds of insufficient or unjustifiablecause, and the teacher breaches such contract, disciplinary action, which mayinclude revocation of the teacher's license, may be taken pursuant toregulations prescribed by the Board of Education.
D. As soon after April 15 as the school budget shall have been approved bythe appropriating body, the school board shall furnish each teacher astatement confirming continuation of employment, setting forth assignment andsalary.
Nothing in the continuing contract shall be construed to authorize the schoolboard to contract for any financial obligation beyond the period for whichfunds have been made available with which to meet such obligation.
E. A school board may reduce the number of teachers, whether or not suchteachers have reached continuing contract status, because of decrease inenrollment or abolition of particular subjects.
F. Within two weeks of the approval of the school budget by the appropriatingbody, but no later than June 1, school boards shall notify all teachers whomay be subject to a reduction in force due to a decrease in the schoolboard's budget as approved by the appropriating body.
(Code 1950, § 22-217.4; 1968, c. 691; 1978, c. 147; 1979, c. 98; 1980, c.559; 1992, c. 132; 1993, c. 294; 1996, c. 840; 2000, c. 709; 2001, c. 540;2002, c. 714; 2003, c. 706.)