Section 160. Phase Three of the three-phase employment process

A. Phase Three begins on June 1 or the date the salary is finally set by the local school board, whichever occurs later. In Phase Three, the contract is a firm and binding obligation on the teacher and the school division.

B. During Phase Three, teachers may seek employment and file applications for the next school year with other school divisions; however, a prospective employer should not offer a contract to any teacher during Phase Three until the teacher has secured a written release from the contract with the current employer, and a teacher should not accept a contract until a written release has been secured.

C. A current employer, at its discretion, may release a teacher from the contract. The employer should release teachers for good cause.

D. Good cause is determined by the local school board. It should reflect a consideration of all the factors affecting both the employee and the school board. Factors in determining good cause may include the employee's reason for leaving, contractual terms and agreements, and the overall effect of the resignation on the employee and the school division.

E. In the event that a local board declines to grant a request for release from a contract on the grounds of insufficient or unjustifiable cause, and the teacher breaches the contract, the current employer may pursue remedies prescribed by the Board of Education or other remedies consistent with law or contract. Such remedies could include filing a petition with the Board of Education setting forth all the facts in the case and requesting that the teacher's license be suspended or applying other remedies appropriate under law or contract.

F. If the Board of Education receives a petition from a local school board for action on the license of a teacher who has breached the present contract by accepting a contract with another school board within the Commonwealth, the Board of Education may require a full written report or request an appropriate representative from the hiring school board to appear before the Board of Education to explain the circumstances that led to the hiring decision, or both, before the Board considers any petition for action on the license of such teacher.

Historical Notes

Derived from VR 270-01-0042:1 § 2.4, eff. April 20, 1994; amended, Volume 19, Issue 12, eff. March 28, 2003.

Statutory Authority

§§ 22.1-16 and 22.1-302 of the Code of Virginia.