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                                                                                     Policy 8.35


A. Licensed Personnel

       Teachers and other licensed personnel may be dismissed or placed on probation for
      incompetency; immorality; non-compliance with school laws and regulations; disability
      in accordance with State and Federal law; conviction of a felony or a crime of moral
      turpitude; or other good and just cause. A teacher shall be dismissed if such teacher is or
      becomes the subject of a founded complaint of child abuse and neglect, pursuant to
      Virginia code section 63.2-1505, and after all rights to an appeal provided by Virginia
      code section 63.2-1526 have been exhausted. The fact of such finding, after all rights to
      an appeal have been exhausted, shall be grounds for the School Board to recommend that
      the Board of Education revoke such person’s license to teach.

      The School Board may hear a recommendation for dismissal and make a determination
      whether to make a recommendation to the Board of Education regarding the teacher’s
      license at the same hearing or hold a separate hearing for each action.

      In those instances when licensed personnel are dismissed or resign due to a conviction of
      any felony; any offense involving the sexual molestation, physical or sexual abuse or rape
      of a child; any offense involving drugs; or due to having become the subject of a founded
      case of child abuse or neglect, the School Board shall notify the Board of Education
      within 10 business days of such dismissal or the acceptance of such resignation.

      No teacher shall be dismissed or placed on probation solely on the basis of the teachers'
      refusal to submit to a polygraph examination requested by the School Board

       "Incompetency" may be construed to include, but shall not be limited to, consistent
      failure to meet the endorsement requirements for the position or performance that is
      documented through evaluation to be consistently less than satisfactory.

       The placement on probation or the dismissal of a licensed employee will be acted on by
      the School Board upon the recommendation of the Superintendent in accordance with
      Section 22.1-307 of the Code of Virginia. The Superintendent will provide the School
      Board with all documentation along with evidence of the corrective steps the
      administration has taken to assist the employee. The procedural steps of Grievance
      Procedure-Licensed Personnel, Policy 8.36 will be followed.

      Administrative regulations shall be developed for the dismissal or placing on probation of
      continuing contract teachers and probationary teachers during the school year.

Adopted: 9/17/74                Revised: 6/24/08                                                  1
Falls Church City Public Schools
       A majority vote of a quorum of the School Board is necessary for dismissal.

B. Other Personnel

        The Superintendent may place on probation or dismiss other employees when it is
       deemed that such action is in the best interest of the school system. The employee may
       appeal such a decision to the School Board by making an appropriate request in writing
       to the Superintendent's office.

Legal Reference:

Code of VA: 22.1-307 Dismissal, etc. of teacher; grounds.
Code of VA: 22.1-308 Grievance procedure.
Code of VA: 22.1-309 Notice to teacher of recommendation of dismissal or placing on
probation; School Board not to consider merits during notice; superintendent required to provide
reasons for recommendation upon request.
Code of VA: 22.1-310 Election of hearing before fact finding panel prior to decision of School
Code of VA: 22.1-311 Hearing before School Board.
Code of VA: 22.1-312 Hearing before fact finding panel.
Code of VA: 22.1-313 Decision of School Board generally.
Code of VA: 22.1-314 Decision of School Board: issue of grievability; appeal

Adopted: 9/17/74                Revised: 6/24/08                                              2
Falls Church City Public Schools

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