reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.042. Establishment of toll-free telephone line for complaints; investigation on receipt of complaints

With such funds as are appropriated for this purpose, the Superintendent shall establish a toll-free telephone line to respond to complaints regarding operations of child day programs or family day systems. Upon receipt of a complaint concerning the operation of a child day program or family day system, regardless of whether the program is subject to licensure, the Superintendent shall, for good cause shown, cause an investigation to be made, including on-site visits as he deems necessary, of the activities, services, records, and facilities. The child day program or family day system shall afford the Superintendent reasonable opportunity to inspect all of the operator's activities, services, records, and facilities and to interview its agents and employees and any child within its control. Whenever a child day program or family day system subject to inspection under this section is determined by the Superintendent to be in noncompliance with the provisions of this chapter or with regulations adopted pursuant to this chapter, the Superintendent shall give reasonable notice to the child day program or family day system of the nature of its noncompliance and may thereafter take appropriate action as provided by law, including a suit to enjoin the operation of the child day program or family day system.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.043. Confidentiality of complainant's identity

Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any child who is the subject of the complaint, or identified therein, shall be confidential and shall not be open to inspection by members of the public. Identities of the complainant and child who is the subject of the complaint shall be revealed only if a court order so requires. Nothing contained herein shall prevent the Department, in its discretion, from disclosing to the child day program or family day system the nature of the complaint or the identity of the child who is the subject of the complaint. Nothing contained herein shall prevent the Department or its employees from making reports under Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2. If the Department intends to rely, in whole or in part, on any statements made by the complainant at any administrative hearing brought against child day program or family day system, the Department shall disclose the identity of the complainant to the child day program or family day system a reasonable time in advance of such hearing.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.044. Retaliation or discrimination against complainants

No child day program or family day system shall retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of government having responsibility for protecting the rights of children in child day programs and family day systems, (ii) attempts to assert any right protected by state or federal law, or (iii) assists any person in asserting such right.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.045. Retaliation against reports of child abuse or neglect

No child day program or family day system shall retaliate in any manner against any person who in good faith reports child abuse or neglect pursuant to Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.047. Interagency agreements; cooperation of Department with other departments

The Department is authorized to enter into interagency agreements with other state agencies to develop and implement regulations adopted pursuant to this chapter. Any state agency identified by the Department as appropriate to include in an interagency agreement shall participate in the development and implementation of the agreement. The Department shall assist and cooperate with other state departments in fulfilling their respective inspection responsibilities and in coordinating the regulations involving inspections. The Board may adopt regulations allowing the Department to so assist and cooperate with other state departments.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.048. Program leaders and child-care supervisors at licensed child day centers; approved credential

Program leaders and child-care supervisors employed by child day centers may possess an approved credential. For purposes of this section:
"Approved credential" means a competency-based credential awarded to individuals who work with children ages five and under in either a teaching, supervisory, or administrative capacity and that is specifically awarded or administered by the National Association for the Education of Young Children; the National Academy of Early Childhood Programs; the Association of Christian Schools International; the American Association of Christian Schools; the National Early Childhood Program Accreditation; the National Accreditation Council for Early Childhood Professional Personnel and Programs; the International Academy for Private Education; the American Montessori Society; the International Accreditation and Certification of Childhood Educators, Programs, and Trainers; the National Accreditation Commission; the Virginia Community College System, or another institution of higher education; or its equivalent as determined by the Department.
"Program leader" or "child-care supervisor" means an individual designated to be responsible for the direct supervision of children and for the implementation of the activities and services for a group of children in a licensed child day center.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.049. Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies

A. Upon enrollment of a child in a regulated child day program, such child day program shall require information from the person enrolling the child regarding previous child day care and schools attended by the child. The regulated child day program shall also require that the person enrolling the child present the regulated child day program with the proof of the child's identity and age. The proof of identity, if reproduced or retained by the child day program or both, shall be destroyed upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction, or other disposition of the proof of identity containing social security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.
B. For purposes of this section:
"Proof of identity" means a certified copy of a birth certificate or other reliable proof of the child's identity and age.
"Regulated child day program" is one in which a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period that is licensed pursuant to § 22.1-289.011, voluntarily registered pursuant to § 22.1-289.015, certified as a preschool or nursery school program pursuant to § 22.1-289.032, exempted from licensure as a child day center operated by a religious institution pursuant to § 22.1-289.031, or approved as a family day home by a licensed family day system.
C. If the parent, guardian, or other person enrolling the child in a regulated child day program for longer than two consecutive days or other pattern of regular attendance does not provide the information required by subsection A within seven business days of initial attendance, such child day program shall immediately notify the local law-enforcement agency in its jurisdiction of such failure to provide the requested information.
D. Upon receiving notification of such failure to provide the information required by subsection A, the law-enforcement agency shall, if available information warrants, immediately submit an inquiry to the Missing Children Information Clearinghouse and, with the assistance of the local department of social services, if available information warrants, conduct the appropriate investigation to determine whether the child is missing.
E. The Board shall adopt regulations to implement the provisions of this section.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.050. Insurance notice requirements for family day homes; civil penalty

A. Any person who operates a family day home approved by a licensed family day system, a licensed family day home, or a voluntarily registered family day home shall furnish a written notice to the parent or guardian of each child under the care of the family day home, which states whether there is liability insurance in force to cover the operation of the family day home, provided that no person under this section shall state that liability insurance is in place to cover the operation of the family day home, unless there is a minimum amount of coverage as established by the Department.
B. Each parent or guardian shall acknowledge, in writing, receipt of such notice. In the event there is no longer insurance coverage, the person operating the family day home shall (i) notify each parent or guardian within 10 business days after the effective date of the change and (ii) obtain written acknowledgment of such notice. A copy of an acknowledgment required under this section shall be maintained on file at the family day home at all times while the child attends the family day home and for 12 months after the child's last date of attendance.
C. Any person who fails to give any notice required under this section shall be subject to a civil penalty of up to $500 for each such failure.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.051. Dual licenses for certain child day centers

Any facility licensed as a child day center which also meets the requirements for a license as a summer camp by the Department of Health under the provisions of § 35.1-18 shall be entitled to a summer camp license. Such a facility shall comply with all of the regulations adopted by the Board and the State Board of Health for each such license.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.052. Asbestos inspection required for child day centers

The Superintendent shall not issue a license to any child day center that is located in a building built prior to 1978 until he receives a written statement that the building has been inspected for asbestos, as defined by § 2.2-1162, and in accordance with the regulations for initial asbestos inspections pursuant to the federal Asbestos Hazard Emergency Response Act, 40 C.F.R. Part 763 — Asbestos Containing Materials in Schools. The inspection shall be conducted by personnel competent to identify the presence of asbestos and licensed in Virginia as an asbestos inspector and as an asbestos management planner pursuant to Chapter 5 (§ 54.1-500 et seq.) of Title 54.1. The written statement shall state whether (i) no asbestos was detected, (ii) asbestos was detected and response actions to abate any risk to human health have been completed, or (iii) asbestos was detected and response actions to abate any risk to human health have been recommended in accordance with a specified schedule and plan pursuant to applicable state and federal statutes and regulations. The statement shall include identification of any significant hazard areas, the date of the inspection and be signed by the person who inspected for the asbestos. If asbestos was detected, an operations and maintenance plan shall be developed in accordance with the regulations of the federal Asbestos Hazard Emergency Response Act and the statement shall be signed by the person who prepared the operations and maintenance plan. Any inspection, preparation of an operations and maintenance plan or response action shall be performed by competent personnel who have been licensed in accordance with the provisions of Chapter 5 of Title 54.1.
When asbestos has been detected, the applicant for licensure shall also submit to the Superintendent a written statement that response actions to abate any risk to human health have been or will be initiated in accordance with a specified schedule and plan as recommended by an asbestos management planner licensed in Virginia. This statement shall be signed by the applicant for licensure.
The written statements required by this section shall be submitted for approval to the Superintendent's representative prior to issuance of a license. The provisions of this section shall not apply to child day centers located in buildings required to be inspected pursuant to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.053. Delay in acting on application or in notification

In case the Superintendent fails to take final action upon an application for a license within 60 days after the application is made, either by way of issuance or refusal, or fails within such time to notify the applicant thereof, it shall be lawful for the applicant to engage in the operations or activities for which the license is desired, until the Superintendent has taken final action and notified the applicant thereof; however, no application shall be deemed made until all the required information is submitted in the form prescribed by the Superintendent.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.054. Visitation by parents or guardians in child day programs

A custodial parent or guardian shall be admitted to any child day program. For purposes of this section, "child day program" is one in which a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period, regardless of whether it is licensed. Such right of admission shall apply only while the child is in the child day program.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.055. Public funds to be withheld for serious or persistent violations

The Board may adopt policies, as permitted by state and federal law, to restrict the eligibility of a child day program or family day system to receive or continue to receive funds when such agency is found to be in serious or persistent violation of regulations.
2020, cc. 860, 861.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.055:1. Programs offered at certain residential private school

Programs offered to students who reside at or who are affiliated with a private school accredited by the Virginia Council for Private Education, which is located west of Sandy Ridge and on the watersheds of Big Sandy River and to which no contributions are made by the Commonwealth or any agency thereof, shall not be required to obtain a licensure pursuant to Title 22.1 or 63.2. Such programs shall be subject to the safety and supervisory standards established for such school by the Virginia Council for Private Education.
2022, Sp. Sess. I, c. 2; 2023, cc. 285, 286.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.056. Storage of firearms in certain family day homes

During hours of operation, all firearms in a family day home licensed pursuant to § 22.1-289.011 or voluntarily registered pursuant to § 22.1-289.011 or in a family day home approved by a family day system shall be stored unloaded in a locked container, compartment, or cabinet, and all ammunition shall be stored in a separate locked container, compartment, or cabinet. The key or combination to such locked containers, compartments, or cabinets shall be inaccessible to all children in the home.
2020, cc. 910, 911, § 63.2-1701.01.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.057. Child day programs and certain other programs; potable water; lead testing

A. Each child day program that is licensed pursuant to this chapter and any program described in subdivision A 4, B 1, or B 5 of § 22.1-289.030 that serves preschool-age children shall develop and implement a plan to test potable water from sources identified by the U.S. Environmental Protection Agency as high priority, including bubbler-style and cooler-style drinking fountains, kitchen taps, classroom combination sinks and drinking fountains, home economics room sinks, teacher's lounge sinks, nurse's office sinks, classroom sinks in special education classrooms, and sinks known to be or visibly used for consumption.
B. The plan established pursuant to subsection A and the results of each test conducted pursuant to such plan shall be submitted to and reviewed by the Commissioner and the Department of Health's Office of Drinking Water.
C. If the results of any test conducted in accordance with the plan established pursuant to subsection A indicate a level of lead in the potable water that is at or above 15 parts per billion, the program shall remediate the level of lead in the potable water to below 15 parts per billion and confirm such remediation by retesting the water. The results of the retests shall be submitted to and reviewed by the Commissioner and the Department of Health's Office of Drinking Water.
D. Notwithstanding the provisions of subsection A or C, a child day program that is licensed pursuant to this chapter and any program described in subdivision A 4, B 1, or B 5 of § 22.1-289.030 may, in lieu of developing and implementing a plan to test potable water or of remediation, use for human consumption, as defined by § 32.1-167, bottled water, water coolers, or other similar water source that meets the U.S. Food and Drug Administration standards for bottled water. Any program that chooses this option shall notify the Commissioner and the Department of Health's Office of Drinking Water and the parent of each child in the program of such choice.
2020, cc. 1084, 1085, § 63.2-1705.1.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.058. Child day programs and certain other programs; carbon monoxide detectors

Each building that was built before 2015 and that houses a child day program that is licensed pursuant to this chapter or any program described in subdivision A 4, B 1, or B 5 of § 22.1-289.030 that serves preschool-age children shall be equipped with at least one carbon monoxide detector.
2021, Sp. Sess. I, c. 165.
2023 Code of Virginia › Title 22.1 - Education › Chapter 14.1 - Early Childhood Care and Education › § 22.1-289.059. Possession and administration of an appropriate weight-based dosage of epinephrine by employees

A. The Board shall amend its regulations to require each child day center to implement policies for the possession and administration of epinephrine in every such center to be administered by any nurse at the center, employee at the center, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine to any child believed to be having an anaphylactic reaction. Such policies shall require that at least one school nurse, employee at the center, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine has the means to access at all times during regular facility hours any such appropriate weight-based dosage of epinephrine that is stored in a locked or otherwise generally inaccessible container or area.
B. The Board shall amend its regulations to require each family day home provider or at least one other caregiver employed by such provider in the family day home to be trained in the administration of epinephrine and to notify the parents of each child who receives care in such family day home whether the provider stores an appropriate weight-based dosage of epinephrine in the residence or home in which the family day home operates.
2022, cc. 695, 696; 2023, cc. 122, 123.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-289.1. Teacher compensation; biennial review required

It is a goal of the Commonwealth that its public school teachers be compensated at a rate that is competitive in order to attract and keep highly qualified teachers. As used in this section, "competitive" means, at a minimum, at or above the national average teacher salary. The Department of Education shall conduct a biennial review of the compensation of teachers and shall consider the Commonwealth's compensation for teachers relative to the national average teacher salary. The results of these reviews shall be reported to the Governor, the General Assembly, and the Board of Education by June 1 of each odd-numbered year.
1987, c. 240; 2006, c. 373; 2017, c. 301; 2020, c. 690.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-289.2. Compensation of public school employees called to active duty military service

Public school employees whose active duty service with the regular armed forces of the United States or the National Guard or other reserve component has required their absence from their full-time employment in a school division shall receive supplemental pay as determined by and from the relevant local school division if the military compensation of such employee is less than the regular salary paid to such employee by the school division.
2004, c. 528.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-290. Board authorized to award teaching scholarship loans

The Board of Education may, out of such funds as may be appropriated for the purpose, provide for the awarding of teaching scholarship loans to students preparing to teach by attending nonprofit institutions of higher education in the Commonwealth whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education. The Board shall include in the list of specialties eligible for this scholarship loan program, scholarship loans for students preparing to teach in early childhood programs. Such scholarship loans shall be apportioned and administered pursuant to regulations of the Board.
Code 1950, § 22-21.4; 1973, c. 469; 1980, c. 559; 1990, c. 450.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-290.02. Traineeships for education of special education personnel

A. There are hereby established traineeships that shall be awarded to persons who are interested in working in programs for the education of children with disabilities for either part-time or full-time study in programs designed to qualify them as special education personnel in the public schools. Applicants for such traineeships shall be graduates of a recognized institution of higher education.
B. The award of such traineeships shall be made by the State Board, and the number of awards during any one year shall depend upon the amounts appropriated by the General Assembly for this purpose. The amount awarded for each traineeship shall be $450 for a minimum of six semester hours of course work in areas relating to special education to be taken by the applicant during a single semester or summer session.
C. This program shall be administered by the Department of Education under rules and regulations promulgated by the State Board.
2014, c. 484; 2023, cc. 148, 149.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-290.2. Teacher, other instructional personnel, and support staff shortages; data

A. Each school board shall report to the Department of Education annually the number and type of teacher, other instructional personnel, and support staff vacancies in the school division.
B. Each approved education preparation program shall report to the Department of Education annually the number of individuals who completed the program by endorsement area.
C. The Department of Education shall (i) establish deadlines for and the format of the reporting of the data pursuant to subsections A and B and (ii) aggregate and report such data annually on the Department's website.
2020, c. 674.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-290.3. (Expires July 1, 2028) Teacher Reengagement Program

A. There is hereby established the Teacher Reengagement Program (the Program) for the purpose of addressing instructional personnel shortages and COVID-19 pandemic-related student learning loss.
B. Any school board may hire an individual pursuant to the Program, subject to the following conditions and limitations:
1. The individual works on a part-time basis;
2. The individual is compensated with part-time pay; with any health, dental, and vision insurance coverage that is available to full-time school board employees; or with some combination of such pay and coverage;
3. In the case of an individual who holds a renewable or provisional teaching license issued by the Board, the individual's duties consist of teaching students, providing one-on-one tutoring services to students, or mentoring teachers, or some combination thereof;
4. In the case of an individual who does not hold a renewable or provisional teaching license issued by the Board, the individual has professional experience or expertise in a certain subject matter area and the individual's duties consist of providing one-on-one tutoring services to students in such subject matter area; and
5. The individual complies with all laws, regulations, and school board policies and procedures applicable to part-time school board employees.
C. Any school board that hires any part-time employee pursuant to the Program shall annually report to the Department such data on the implementation of the Program that the Department deems necessary to evaluate its continued effectiveness at addressing instructional personnel shortages and student learning loss.
2023, c. 429.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-291.1. Planning time for school teachers

Each school board shall ensure that all elementary school teachers in its employment are provided at least an average of 30 minutes per day during the students' school week as planning time.
1995, c. 404; 2000, c. 650; 2009, c. 482.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-291.1:1. School counselors; staff time

A. As used in this section:
"Appraisal and advisement" means the act of assisting students in exploring their abilities, interests, skills, and achievement to make decisions and develop immediate and long-range goals and plans.
"Consultation, collaboration, and referrals" means the act of (i) providing information to and receiving information from individuals or teams to support a student's needs; (ii) working and communicating with parents, teachers, administrators, other school staff, and community stakeholders to (a) promote achievement for a specific student or (b) promote systemic change to address the needs of groups of underserved or underrepresented groups of students; and (iii) referring students to outside providers and resources as necessary.
"Crisis counseling" means the act of providing counseling to individual students or small groups of students to help such students navigate critical situations such as emergencies and crises.
"Direct counseling" means school counseling curriculum lessons and activities, individual counseling, small group counseling, crisis counseling, appraisal and advisement, and consultation, collaboration, and referrals. "Direct counseling" does not include program planning and school support.
"Individual counseling" means the act of providing developmentally appropriate, goal-focused, and brief counseling sessions to individual students to address issues relating to mental health and wellness, social and emotional development, academic achievement, and college and career readiness.
"Program planning and school support" means the act of defining, planning, managing, and assessing school counseling activities. "Program planning and school support" includes the act of reviewing data, creating annual student outcome goals, creating action plans and results reports, holding annual administrative conferences, monitoring use-of-time, creating annual and weekly calendars, and facilitating school counseling advisory councils.
"School counseling curriculum lessons and activities" means the act of providing data-informed lessons or activities at the classroom level or on a schoolwide basis to provide students with the knowledge, attitudes, and skills appropriate for their developmental levels.
"Small group counseling" means the act of providing counseling to small groups of students with similar developmental or situational challenges with the goal of improving achievement, attendance, mental health or wellness, or behavioral outcomes.
B. Each school counselor employed by a school board in a public elementary or secondary school shall spend at least 80 percent of his staff time during normal school hours in the direct counseling of individual students or groups of students and may spend up to 20 percent of his staff time during normal school hours on program planning and school support.
2019, c. 139; 2023, cc. 347, 349.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-291.3. Notice of duty to report child abuse or neglect

Each public school board and each administrator of every private or parochial school shall post, in each of their schools, a notice, pursuant to § 63.2-1509, that: (i) any teacher or other person employed in a public or private school who has reason to suspect that a child is an abused or neglected child, including any child who may be abandoned, is required to report such suspected cases of child abuse or neglect to local or state social services agencies or the person in charge of the relevant school or his designee; and (ii) all persons required to report cases of suspected child abuse or neglect are immune from civil or criminal liability or administrative penalty or sanction on account of such reports unless such person has acted in bad faith or with malicious purpose. The notice shall also include the Virginia Department of Social Services' toll-free child abuse and neglect hotline.
2004, cc. 710, 752.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-291.4. Bullying and abusive work environments prohibited

A. As used in this section:
"Abusive conduct" means conduct of a school board employee in the workplace that a reasonable person would find hostile and that is severe enough to cause physical harm or psychological harm to another school board employee based on a determination in which the following factors are considered: the severity, nature, and frequency of the conduct and, when applicable, the continuation of the conduct after a school board employee requests that it cease or demonstrates outward signs of physical harm or psychological harm in the face of the conduct. "Abusive conduct" includes verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating; the gratuitous sabotage or undermining of another school board employee's work performance; attempts to exploit another school board employee's known psychological or physical vulnerability; or repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, or epithets. "Abusive conduct" does not include (i) a single act, unless it is especially severe, or (ii) conduct that the school board proves with clear and convincing evidence is necessary for the furtherance of its legitimate and lawful interests.
"Abusive work environment" means a workplace in a school division in which abusive conduct occurs.
"Physical harm" means a material impairment of a school board employee's physical health or bodily integrity, as documented by a licensed physician or another licensed health care provider.
"Psychological harm" means a material impairment of a school board employee's mental health, as documented by a licensed psychologist, psychiatrist, or psychotherapist or another licensed mental health care provider.
B. Each school board shall implement policies and procedures to educate school board employees about bullying, as defined in § 22.1-276.01, and the need to create a bully-free environment.
C. Each school board shall adopt policies to:
1. Prohibit abusive work environments in the school division;
2. Provide for the appropriate discipline of any school board employee who contributes to an abusive work environment; and
3. Prohibit retaliation or reprisal against a school board employee who alleges an abusive work environment or assists in the investigation of an allegation of an abusive work environment.
D. Nothing in this section shall be construed to limit a school board's authority to adopt policies to prohibit any other type of workplace conduct as the school board deems necessary.
2013, c. 575; 2018, c. 488; 2021, Sp. Sess. I, c. 450.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-292. Penalties on officers and teachers

Any division superintendent, member of a school board or other school officer or any principal or teacher in a public school violating any provision of this title shall be guilty of a Class 4 misdemeanor if no other penalty is prescribed.
Code 1950, § 22-215; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-292.1. Violations related to secure mandatory tests

A. The Board of Education may (i) issue written reprimand to or (ii) suspend or revoke the administrative or teaching license of any holder of a Board-issued administrative or teaching license who knowingly and willfully commits any of the following acts related to secure mandatory tests administered to students as required by this title or by the Board of Education:
1. Giving unauthorized access to secure test questions;
2. Copying or reproducing all or any portion of any secure test booklet;
3. Divulging the contents of any portion of a secure test;
4. Coaching or assisting examinees during testing or altering test materials or examinees' responses in any way;
5. Making available any answer keys;
6. Failing to follow test security procedures established by the Department of Education;
7. Providing a false certification on any test security form required by the Department of Education;
8. Retaining a copy of secure test questions;
9. Excluding students from testing who are required to be assessed; and
10. Participating in, directing, aiding, assisting in, or encouraging any of the acts prohibited by this section.
For the purposes of this section, "secure test" means an item, question, or test that has not been made publicly available by the Department of Education.
Nothing in this section shall be construed to prohibit educational personnel from providing input to administrators or other authorized personnel, including school board members and members of the General Assembly, except when done in a manner that violates test integrity or security regarding the accuracy, clarity, or propriety of test items or test administration procedures.
B. Nothing in this section shall be construed to prohibit or restrict the reasonable and necessary actions of the Board of Education, the Superintendent of Public Instruction, or the Department of Education in test development or selection, test form construction, standard setting, test scoring and reporting, or any other related activities which, in the judgment of the Superintendent of Public Instruction or the Board of Education, are necessary and appropriate.
C. Any written reprimand, suspension, or revocation imposed for the acts enumerated in this section shall be rendered pursuant to Board regulations promulgated pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) and § 22.1-298.1, governing the licensure of teachers.
2000, cc. 634, 659; 2004, cc. 939, 955; 2006, cc. 27, 349; 2011, c. 248; 2019, c. 587.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-292.2. Suspension or revocation of license for procuring, selling, or administering anabolic steroids

A. The Board of Education shall suspend or revoke the administrative or teaching license it has issued to any person who knowingly and willfully with the intent to compromise the outcome of an athletic competition procures, sells, or administers anabolic steroids or causes such drugs to be procured, sold, or administered to a student who is a member of a school athletic team, or fails to report the use of such drugs by a student to the school principal and division superintendent as required by § 22.1-279.3:1. Any person whose administrative or teaching license is suspended or revoked by the Board pursuant to this section shall be ineligible for three school years for employment in the public schools of the Commonwealth.
B. Any suspension or revocation imposed in accordance with this section shall be rendered pursuant to Board regulations promulgated pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) and § 22.1-298.1, governing the licensure of teachers.
2005, c. 481; 2006, cc. 27, 349.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-292.3. License may not be suspended solely on the basis of default or delinquency in payment of federal-guaranteed or state-guaranteed education loan or scholarship

The Board shall not be authorized to suspend or revoke the administrative or teaching license it has issued to any person who is in default or delinquent in the payment of a federal-guaranteed or state-guaranteed educational loan or work-conditional scholarship solely on the basis of such default or delinquency.
2018, cc. 170, 381.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-293. School boards authorized to employ principals and assistant principals; license required; powers and duties

A. A school board, upon recommendation of the division superintendent, may employ principals and assistant principals. Persons employed in these positions shall hold licenses as prescribed by the Board of Education.
B. A principal shall provide instructional leadership in, shall be responsible for the administration of, and shall supervise the operation and management of the school or schools and property to which he has been assigned, in accordance with the rules and regulations of the school board and under the supervision of the division superintendent.
C. A principal may submit recommendations to the division superintendent for the appointment, assignment, promotion, transfer, and dismissal of all personnel assigned to his supervision. Principals must have received training, provided pursuant to § 22.1-253.13:5, in the evaluation and documentation of employee performance, which evaluation and documentation shall include, but shall not be limited to, employee skills and knowledge and student academic progress, prior to submitting such recommendations. Assistant principals and other supervisory personnel participating in the evaluation and documentation of employee performance must also have received such training in the evaluation and documentation of employee performance.
D. A principal shall perform such other duties as may be assigned by the division superintendent pursuant to the rules and regulations of the school board.
Code 1950, § 22-217.9; 1973, c. 223; 1980, c. 559; 1992, c. 132; 1999, cc. 1030, 1037; 2013, cc. 588, 650.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-295. Employment of teachers

A. The teachers in the public schools of a school division shall be employed and placed in appropriate schools by the school board upon recommendation of the division superintendent. In placing teachers, school boards shall fill positions with licensed instructional personnel qualified in the relevant subject areas.
B. School boards shall adopt employment policies and practices designed to promote the employment and retention of highly qualified teachers and to effectively serve the educational needs of students. Such policies shall include, but need not be limited to, incentives for excellence in teaching, including financial support for teachers attending professional development seminars or those seeking and obtaining national certification.
C. School boards shall develop a procedure for use by division superintendents and principals in evaluating teachers that is appropriate to the tasks performed and addresses, among other things, student academic progress and the skills and knowledge of instructional personnel, including, but not limited to, instructional methodology, classroom management, and subject matter knowledge.
Teachers employed by local school boards who have achieved continuing contract status shall be formally evaluated at least once every three years and more often as deemed necessary by the principal, and they shall be evaluated informally during each year in which they are not formally evaluated. Any teacher who has achieved continuing contract status who receives an unsatisfactory formal evaluation and who continues to be employed by the local school board shall be formally evaluated in the following year. The evaluation shall be maintained in the employee's personnel file.
Each local superintendent shall annually certify divisionwide compliance with the provisions of this section to the Department.
Code 1950, § 22-203; 1980, c. 559; 1996, c. 186; 1999, cc. 831, 1030, 1037; 2006, c. 373; 2013, cc. 588, 650.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-295.1. Employee personnel files; maintenance of employee records; confidentiality of certain records

A. Personnel files of all school board employees may be produced and maintained in digital or paper format.
B. Information determined to be unfounded after a reasonable administrative review shall not be maintained in any employee personnel file, but may be retained in a separate sealed file by the administration if such information alleges civil or criminal offenses. Any dispute over such unfounded information exclusive of opinions retained in the personnel file, or in a separate sealed file, notwithstanding the provisions of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.), shall be settled through the employee grievance procedure as provided in §§ 22.1-306 and 22.1-308 through 22.1-314.
C. Teacher performance indicators or other data collected by or for the Department of Education or the local school board or made available to and able to be used by the local school board to judge the performance or quality of a teacher, maintained in a teacher's personnel file or otherwise, shall be confidential but may be disclosed, in a form that does not personally identify any student or other teacher, (i) pursuant to court order, (ii) for the purposes of a grievance proceeding involving the teacher, or (iii) as otherwise required by state or federal law. Nothing in this subsection shall be construed to prohibit the release or to limit the availability of nonidentifying, aggregate teacher performance indicators or other data.
1987, c. 506; 2006, c. 191; 2013, c. 291; 2016, c. 390.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-295.2. Employment discrimination prohibited

A. As used in this section:
"Age" means being an individual who is at least 40 years of age.
"Military status" means status as (i) a member of the uniformed forces, as defined in 10 U.S.C. § 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. § 10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50.
"Religion" includes any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols.
B. No school board or any agent or employee thereof shall discriminate in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, gender identity, or military status.
C. The provisions of this section shall not prohibit (i) discrimination in employment on the basis of sex or age in those instances when sex or age is a bona fide occupational qualification for employment or (ii) providing preference in employment to veterans.
2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 477, 478; 2022, c. 799.
2023 Code of Virginia › Title 22.1 - Education › Chapter 15 - Teachers, Officers and Employees › § 22.1-296. Payment of employees; reimbursement for private transportation; certain sick leave policies

A. Each school board shall provide for the payment of teachers, principals, assistant principals, and other employees monthly, semimonthly, or biweekly, as may be determined by the school board.
However, school boards setting the school calendar so that the first day students are required to attend occurs prior to August 15 shall establish a payment schedule to ensure that all contract personnel are compensated for time worked within the first month of employment.
B. All school board employees may be reimbursed for private transportation at a rate not to exceed that which is authorized for persons traveling on state business in accordance with § 2.2-2825. Whatever rate is paid, however, shall be the same for school board members and employees of the board.
C. Each local school board shall adopt policies providing for leave without pay for school board employees with debilitating or life-threatening illness or injury, without regard to the employee's length of service with the school board.
Code 1950, §§ 22-57.2, 22-72; 1954, c. 289; 1956, Ex. Sess., c. 60; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1968, c. 139; 1970, c. 71; 1971, Ex. Sess., c. 161; 1972, c. 511; 1975, cc. 308, 328; 1980, c. 559; 1998, c. 872; 2003, cc. 531, 557; 2005, c. 486; 2019, cc. 569, 570.