Section 160:2. APPENDIX B.LISTING OF ESSENTIAL CONTRACT ELEMENTS

APPENDIX B. LISTING OF ESSENTIAL CONTRACT ELEMENTS

INTRODUCTORY STATEMENT

This list of essential contract elements, pending approval by the Office of the Attorney General, would satisfy the statutory requirement of a "form prescribed by the Board of Education" as required by § 22.1-302 of the Code of Virginia (1950) as amended. The text of the essential elements can be used by certain local school divisions who prefer to develop contracts specific to their circumstances or situations. This list of essential elements is provided as an alternative to the formal prototypes available. These elements, after review and approval by the Office of the Attorney General, and compliance with the requirements of the Administrative Process Act, will be incorporated into the appropriate section of Board regulations.

ANNUAL CONTRACTS

Any annual contract for professional personnel shall, to the maximum extent possible, be written in clear and concise language easily understood by all parties, and include, at a minimum, the following provisions:

• A statement identifying the names and titles of the parties to the contract.

• A statement of the licensure requirements for the position or options thereto.

• A statement of the beginning date of service, the term, and the effective date of the contract.

• A statement of the duties to be performed under the contract.

• A statement (or statements) of expectations of the employee with regard to compliance with local, state, and/or federal statutes, regulations and constitutional provisions.

• A statement (or statements) of the provisions concerning assignment, reassignment, termination, suspension, probation, or resignation of the employee, and mutual termination of the contract.

• A statement of the penalties for the employee's failure to comply with the terms of the contract.

• A statement identifying the school term.

• A statement of the conditions under which the school term and/or contract may be extended.

• A statement of the amount of compensation due the employee and the method of payment.

• A statement of special covenants mutually agreed upon by the employer and employee which form a basis for the contract.

CONTINUING CONTRACTS

Any continuing contract for professional personnel shall, to the maximum extent possible, be written in clear and concise language easily understood by all parties, and include, at a minimum the following provisions:

• All of the provisions required for the annual contract.

• A statement explaining the continuing nature of the contract.

COACHING AND EXTRACURRICULAR ACTIVITY SPONSORSHIP CONTRACTS

Any athletic coaching contract with school personnel shall, to the maximum extent possible, be written in clear and concise language easily understood by all parties, and include the following provisions:

• A statement identifying the names and titles of the parties to the contract.

• A statement of the duties to be performed under the contract.

• A statement of the amount of compensation due the employee and the method of payment.

• A statement (or statements) of expectations of the employee with regard to compliance with local, state, and/or federal statutes, regulations and constitutional provisions.

• A statement setting forth conditions for termination of the contract.

• A statement identifying the limitations on the use of the experience toward length of service, substitution for teaching experience and rights in favor of the employee.

• A statement of the beginning date of service, the term, and the effective date of the contract.

• A statement of special covenants mutually agreed upon by the employer and employee which form a basis for the contract.

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.