Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 90 - PROCEDURE FOR ADJUSTING GRIEVANCES › Part I - Definitions › Section 8VAC20-90-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
"Business day" means any day that the relevant school board
					 office is open.
"Days" means calendar days unless a different meaning is
					 clearly expressed in this procedure. Whenever the last day for performing an
					 act required by this procedure falls on a Saturday, Sunday, or legal holiday,
					 the act may be performed on the next day that is not a Saturday, Sunday, or
					 legal holiday.
"Dismissal" means the dismissal of any teacher within the
					 term of such teacher's contract.
"Grievance" means, for the purpose of Part II
					 (8VAC20-90-20 et seq.), a complaint
					 or a dispute by a teacher relating to his employment, including but not
					 necessarily limited to the application or interpretation of personnel policies,
					 rules and regulations, ordinances, and statutes; acts of reprisal against a
					 teacher for filing or processing a grievance, or participating as a witness in
					 any step, meeting, or hearing related to a grievance; or complaints of
					 discrimination on the basis of race, color, creed, political affiliation,
					 handicap, age, national origin, or sex. "Grievance" means, for the purposes of
					 Part III (8VAC20-90-60 et seq.), a complaint
					 or a dispute involving a teacher relating to his employment involving
					 dismissal. The term "grievance" shall not include a complaint or dispute by a
					 teacher relating to the establishment and revision of wages or salaries,
					 position classifications or general benefits; suspension of a teacher or
					 nonrenewal of the contract of a teacher who has not achieved continuing
					 contract status; the establishment or contents of ordinances, statutes or
					 personnel policies, procedures, rules and regulations; failure to promote;
					 discharge, layoff, or suspension from duties because of decrease in enrollment,
					 decrease in enrollment in or abolition of a particular subject, or insufficient
					 funding; hiring, transfer, assignment and retention of teachers within the
					 school division; suspension from duties; the methods, means and personnel by
					 which the school division's operations are to be carried on; or coaching or
					 extracurricular activity sponsorship. While these management rights are
					 reserved to the school board, failure to apply, where applicable, these rules,
					 regulations, policies, or procedures as written or established by the school
					 board is grievable.
"Hearing officer" means an impartial hearing officer from
					 outside the school division who possesses some knowledge and expertise in
					 public education and education law and who is capable of presiding over an
					 administrative hearing.
"Personnel file" means, for the purposes of Part III
					 (8VAC20-90-60 et seq.), any and all
					 memoranda, entries or other documents included in the teacher's file as
					 maintained in the central school administration office or in any file regarding
					 the teacher maintained within a school in which the teacher serves.
"Teacher" or "teachers" means, for the purposes of Part II
					 (8VAC20-90-20 et seq.), all
					 employees of the school division involved in classroom instruction and all
					 other full-time employees of the school division except those employees
					 classified as supervising employees. "Teacher" means, for the purposes of Part
					 III (8VAC20-90-60 et seq.), all
					 regularly licensed professional public school personnel employed by any school
					 division under a written contract as provided by § 22.1-302 of the Code of
					 Virginia as a teacher or as an assistant principal, principal, or supervisor as
					 provided by § 22.1-294 of the Code of Virginia.
"Shall file," "shall respond in writing," or "shall serve
					 written notice" means the document is either delivered personally or is mailed
					 by registered or certified mail, return receipt requested, and postmarked
					 within the time limits prescribed by this procedure to the grievant or office
					 of the proper school board representative.
"Supervisory employee" means any person having authority in
					 the interest of the board (i) to hire, transfer, suspend, layoff, recall,
					 promote, discharge, assign, reward, or discipline other employees; and (ii) to
					 direct other employees; or (iii) to adjust the grievance of other employees; or
					 (iv) to recommend any action set forth in clause (i), (ii), or (iii) above;
					 provided that the authority to act as set forth in clause (i), (ii), (iii), or
					 (iv) requires the exercise of independent judgment and is not merely routine
					 and clerical in nature.
"Written grievance appeal" means a written or typed
					 statement describing the event or action complained of, the date of the event
					 or action complained of, and a concise description of those policies, rules,
					 regulations, or statutes upon which the teacher bases his claim. The grievant
					 shall specify what he expects to obtain through use of the grievance procedure.
					 A written grievance appeal shall be on forms prescribed by the Board of
					 Education and supplied by the local school board.
Statutory Authority: §§ 22.1-16 and 22.1-308 of
						the Code of Virginia.