Section 160:1. APPENDIX a.CONTRACT FORMS

APPENDIX A. CONTRACT FORMS

CONTRACT FORMS.

ANNUAL FORM -- CONTRACT WITH PROFESSIONAL PERSONNEL

THIS ARTICLE OF AGREEMENT, between the SCHOOL BOARD OF __________ Commonwealth of Virginia, ("School Board") and __________ ("Employee"). The School Board agrees to employ and the employee agrees to accept such employment in the position of __________ (administrator, supervisor, principal, teacher, librarian or other instructional staff) subject to the authority of the School Board, under the supervision and direction of the division superintendent of schools, and agrees to the following conditions:

1. The employee: (check one)

___ holds a valid Virginia license issued by the Board of Education

___ has completed the requirements and has filed a complete application for a Virginia license

___ is eligible for a Virginia license and will file a complete application within 90 days of employment.

2. The services to be performed hereunder shall begin on __________, 20___, and continue thereafter as prescribed by the school board.

3. The employee shall perform such pertinent duties during the period of this contract as are deemed necessary by the school board and superintendent for the efficient and successful operation of the school system.

4. The employee shall comply with all school laws, Board of Education regulations, and all regulations made by the school board in accordance with law and Board of Education regulations, and shall make promptly and accurately all reports required by the division superintendent of schools.

5. The employee agrees to abide by the provisions of the Constitution of Virginia and the Constitution of the United States.

6. The division superintendent shall have authority to assign employees to their respective positions in the school wherein they have been placed by the school board and may, with the approval of the school board, reassign any employee to any school within the division during the term of this contract; provided no change or reassignment shall adversely affect the salary of the employee under this contract.

7. The reassignments of administrative or supervisory personnel to a teaching position shall be in accordance with Section 22.1-294 of the Code of Virginia (1950), as amended.

8. Before the superintendent recommends to the school board the nonrenewal of the contract of an employee who has not achieved continuing contract status, the superintendent shall notify the employee of the proposed recommendation in accordance with Section 22.1-304 of the Code.

9. The school board, upon recommendation of the division superintendent, reserves the right to dismiss, suspend, or place on probation the employee, paying for services rendered in accordance with this agreement to date of dismissal.

10. In case schools are closed temporarily as a result of an epidemic or for other necessary cause, the said board may require such loss of time to be made up within the school term or may extend the school term.

11. This contract shall not operate to prevent discontinuance of employment as provided or allowed by law.

12. The employee may request that the school board release the employee from the terms of this contract by giving the school board two weeks notice in writing and setting forth therein the reason considered just cause for resignation. In the event the school board declines to grant the request for release from the contract on the grounds of insufficient or unjustifiable cause, and the employee breaches the contract, the school board may pursue remedies prescribed by the Board of Education or other remedies consistent with law or contract.

13. The school board agrees to pay employee for the duration of this contract __________, payable:

(a) in ___ installments for services rendered, payable by the first day of each calendar month or as soon thereafter as possible.

or

(b) in accordance with schedule under "Special Covenants."

14. The school board shall not be obligated to the salary terms above unless and until sufficient funds are provided to fulfill the obligations of the school board by the appropriating body; provided, further, that the school board shall give the employee written notice of such approval or disapproval, as the case may be, within seven (7) days of such action.

15. In the event this contract is terminated by mutual consent prior to the end of the contract period, payment will be made for service rendered on a daily basis to be determined by dividing the salary stipulated in this contract by the number of days officially covered under the provisions of this contract.

16. The school board shall deduct monthly from the salary due the employee the computed amount due the Virginia Retirement System (including State-supported group insurance), and applicable state and federal statutes.

17. SPECIAL COVENANTS:

This contract shall at all times be subject to any and all laws, regulations, and policies existing during the term of the contract relating to conditions of employment such as leave, salaries, and length of school terms. Failure of the employee to fulfill this contract shall constitute sufficient grounds for the termination of the contract by the school board.

The parties agree to the terms of this contract effective this __________ day of __________ 20___

______________________(Signature)

Chairman of the Board

______________________(Signature)

Clerk of the Board

______________________(Signature)

Division Superintendent

______________________(Signature)

Employee

CONTINUING FORM CONTRACT WITH PROFESSIONAL PERSONNEL

State law provides for continuing contracts with local school boards for members of the instructional staff who are qualified by the terms of said law, and/or regulations of the Board of Education; therefore, this article of agreement, between the school board of __________ (county, city, or town) Commonwealth of Virginia, (the "School Board"), and __________ ("Employee").

The school board agrees to employ and the employee agrees to accept such employment in the position of __________ (administrator, supervisor, principal, teacher, librarian or other instructional staff) subject to the authority of the school board, under the supervision and direction of the division superintendent of schools, and agrees to the following conditions:

1. The employee agrees to abide by the provisions of the Constitution of Virginia and the Constitution of the United States.

2. The services to be performed hereunder shall begin on __________, 20___, and continue thereafter as prescribed by the school board.

3. During the term of this contract, the school board agrees to pay the employee an annual salary consistent with provisions of state law, plus any additional salary, but not less than the local scale, as may be determined by the school board in the local salary schedule as duly adopted from time to time; provided, however, that the school board shall not be obligated hereunder unless and until sufficient funds to meet the obligations of the school board hereunder have been approved by the appropriating body; provided, further, that the school board shall give the employee written notice of such approval or disapproval, as the case may be, within seven (7) days of such action.

4. The employee accepts this appointment and agrees to perform such pertinent duties during the period of this contract as are deemed necessary by the school board and superintendent for the efficient and successful operation of the school system.

5. The division superintendent shall have authority to assign employees to their respective positions in the school wherein they have been placed by the school board, and may, with the approval of the school board, reassign any employee to any school within the division during the term of this contract; provided no change or reassignment shall adversely affect the salary of the employee under this contract.

6. The reassignments of administrative or supervisory personnel to a teaching position shall be in accordance with Section 22.1-294 of the Code of Virginia (1950), as amended.

7. The employee shall comply with all school laws, Board of Education regulations, and all rules and regulations made by the school board in accordance with law and Board of Education regulations, and shall make promptly and accurately all reports required by the division superintendent of schools.

8. The length of the school term and the annual period of service shall be fixed by the school board in accordance with law.

9. This contract of employment shall remain in full force and effect from year to year, subject to all the provisions herein set forth, unless modified by mutual consent in writing by the parties to this contract. The employee may be dismissed, suspended, or placed on probation as provided by law. The school board, upon recommendation of the division superintendent, reserves the right to dismiss, suspend, or place on probation the employee, paying for service rendered in accordance with this agreement to date of dismissal. In case schools are closed temporarily as a result of an epidemic or for other necessary cause, the school board may require such loss of time to be made up within the school term or may extend the school term. In the event this contract is terminated, payment will be made for services actually rendered on a daily rate basis.

10. This contract shall not operate to prevent discontinuance of a position as provided by law.

11. The employee may request that the school board release the employee from the terms of this contract by giving the school board two weeks notice in writing and setting forth therein the reason considered just cause for resignation. In the event the school board declines to grant the request for release from the contract on the grounds of insufficient or unjustifiable cause and the employee breaches the contract, the school board may pursue remedies prescribed by the Board of Education or other remedies consistent with law or contract.

12. This contract shall be null and void and of no further force or effect and be terminated if, at any point during the term of this contract, the employee does not hold a valid license, as defined in regulations of the Board of Education.

13. The employee may be granted a leave of absence as provided by law, Board of Education regulations, and/or the policies of the local school board.

14. The school board, shall deduct monthly from the salary due the employee the computed amount due the Virginia Supplemental Retirement system (including State-supported group insurance), and other applicable state and federal statutes.

15. SPECIAL COVENANTS:

This contract shall at all times be subject to any and all laws, regulations, and policies now existing or enacted during the term of the contract relating to conditions of employment such as leave, salaries, and length of school terms. Failure of the employee to fulfill this contract shall constitute sufficient grounds for the termination of the contract by the school board.

The parties agree to the terms of this contract effective this __________ day of __________ 20___

______________________(Signature)

Chairman of the Board

______________________(Signature)

Clerk of the Board

______________________(Signature)

Division Superintendent

______________________(Signature)

Employee

ATHLETIC COACHING CONTRACT WITH SCHOOL PERSONNEL

AGREEMENT, between the SCHOOL BOARD OF __________ (county, city, or town) ("School Board") and __________ ("Coach").

The school board and the coach agree that the coach will perform the following athletic coaching assignment __________ (football, basketball, baseball, track, or other specified athletic activity) subject to the authority of the School Board, under the supervision and direction of the superintendent or designee, subject to the Code of Virginia and subject to the following conditions:

1. The coach shall perform such pertinent duties during the period of this assignment as are deemed necessary by the school board and the superintendent or designee for the successful and efficient operation of the school system.

2. The coach shall comply with all applicable law, Virginia Board of Education regulations, school board policies, and regulations of the superintendent now or hereafter in effect.

3. This agreement may be terminated by either party with or without cause by providing reasonable notice in writing to the other party. Such reasonable notice may be set forth in the Special Covenants below.

4. The school board agrees to pay the coach $__________ as monetary compensation for the duration of this agreement, payable in accordance with established payroll procedures. The coach agrees and acknowledges that this employment does not qualify as service toward continuing contract eligibility, does not constitute teaching experience, and does not create any rights of any type in favor of the coach other than the compensation referred to herein.

5. This agreement is for an athletic coaching assignment from __________ (month/day), 20___ to __________ (month/day), 20___, commencing __________ (month/day), 20___.

6. The school board shall deduct from the monetary compensation all deductions required by law.

7. Termination of this agreement by either party shall not, in itself, constitute cause for termination of any separate teaching contract between the coach and the school board.

8. SPECIAL COVENANTS:

The parties agree to the terms of this contract effective this __________ day of __________, 20___

______________________(Signature)

Chairman of the Board

______________________(Signature)

Clerk of the Board

______________________(Signature)

Division Superintendent

______________________(Signature)

Coach

EXTRACURRICULAR ACTIVITY SPONSORSHIP CONTRACT WITH SCHOOL PERSONNEL

AGREEMENT, between the SCHOOL BOARD OF __________ (county, city, or town) ("School Board") and __________ ("Employee").

The school board and the employee agree that the employee will perform the following extracurricular activity sponsorship assignment subject to the authority of the school board, under the supervision and direction of the superintendent or designee, subject to the Code of Virginia and subject to the following conditions:

1. "Extracurricular sponsorship" means an assignment for which a monetary supplement is received, requiring responsibility for any student organizations, clubs, or groups, such as service clubs, academic clubs and teams, cheerleading squads, student publication and literary groups, and visual and performing arts organizations except those that are conducted in conjunction with regular classroom, curriculum, or instructional programs.

2. The employee shall perform such pertinent duties during the period of this assignment as are deemed necessary by the school board and the superintendent or designee for the successful and efficient operation of the school system.

3. The employee shall comply with all applicable law, Virginia Board of Education regulations, school board policies, and regulations of the superintendent now or hereafter in effect.

4. This agreement may be terminated by either party with or without cause by providing reasonable notice in writing to the other party. Such reasonable notice may be set forth in the Special Covenants below.

5. The school board agrees to pay the employee $__________ as monetary compensation for the duration of this agreement, payable in accordance with established payroll procedures. The employee agrees and acknowledges that this employment does not qualify as service toward continuing contract eligibility, does not constitute teaching experience, and does not create any rights of any type in favor of the coach other than the compensation referred to herein.

6. This agreement is for an extracurricular activity sponsorship assignment from __________ (month/day), 20___—to __________ (month/day), 20___, commencing __________ (month/day), 20___.

7. The school board shall deduct from the monetary compensation all deductions required by law.

8. Termination of this agreement by either party shall not in itself constitute cause for termination of any separate teaching contract between the coach and the school board.

9. SPECIAL COVENANTS:

The parties agree to the terms of this contract effective this __________ day of __________, 20___.

______________________(Signature)

Chairman of the Board

______________________(Signature)

Clerk of the Board

______________________(Signature)

Division Superintendent

______________________(Signature)

Employee

Historical Notes

Amended, Volume 19, Issue 12, eff. March 28, 2003.

Statutory Authority

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