Public school employees; suspension, notice and opportunity for a hearing.

An Act to amend and reenact §
22.1-315
of the Code of Virginia, relating to public school employees; suspension; notice and opportunity for a hearing.
Be it enacted by the General Assembly of Virginia:
1. That §
22.1-315
of the Code of Virginia is amended and reenacted as follows:
§
22.1-315
. Grounds and procedure for suspension.
A. A teacher or other public school employee, whether full-time or part-time, permanent, or temporary, may be suspended for good and just cause when the safety or welfare of the school division or the students therein is threatened or when the teacher or school employee has been charged by summons, warrant, indictment
,
or information with the commission of a felony; a misdemeanor involving (i) sexual assault as established in Article 7 (§
18.2-61
et seq.) of Chapter 4 of Title 18.2, (ii) obscenity and related offenses as established in Article 5 (§
18.2-372
et seq.) of Chapter 8 of Title 18.2, (iii) drugs as established in Article 1 (§
18.2-247
et seq.) of Chapter 7 of Title 18.2, (iv) moral turpitude, or (v) the physical or sexual abuse or neglect of a child; or an equivalent offense in another state. Except when a teacher or school employee is suspended because of being charged by summons, warrant, indictment
,
or information with the commission of one of the above-listed criminal offenses, a division superintendent or appropriate central office designee shall not suspend a teacher or school employee for longer than
sixty
60
days and shall not suspend a teacher or school employee
for a period in excess of five days
unless such teacher or school employee is advised in writing of the reason for the suspension and afforded an opportunity for a hearing before the school board in accordance with §§
22.1-311
and
22.1-313
, if applicable. Any teacher or other school employee so suspended shall continue to receive his
or her
then applicable salary unless and until the school board, after a hearing, determines otherwise. No teacher or school employee shall be suspended solely on the basis of his
or her
refusal to submit to a polygraph examination requested by the school board.
B. Any school employee suspended because of being charged by summons, warrant, information
,
or indictment with one of the offenses listed in subsection A may be suspended with or without pay. In the event any school employee is suspended without pay, an amount equal to his
or her
salary while on suspended status shall be placed in an interest-bearing demand escrow account. Upon being found not guilty of one of the offenses listed in subsection A or upon the dismissal or nolle prosequi of the charge, such school employee shall be reinstated with all unpaid salary and accrued interest from the escrow account, less any earnings received by the school employee during the period of suspension, but in no event shall such payment exceed one year's salary.
C. In the event any school employee is found guilty by an appropriate court of one of the offenses listed in subsection A and, after all available appeals have been exhausted and such conviction is upheld, all funds in the escrow account shall be repaid to the school board.
D. No school employee shall have his
or her
insurance benefits suspended or terminated because of such suspension in accordance with this section.
E. Nothing in this section shall be construed to limit the authority of a school board to dismiss or place on probation a teacher or school employee pursuant to Article 3 (§
22.1-306
et seq.)
of this chapter
.
F. For the purposes of this section, the placing of a school employee on probation pursuant to the terms and conditions of §
18.2-251
shall be deemed a finding of guilt.
G. Nothing in this section shall be construed to prohibit a school board or division superintendent or the division superintendent's designee from placing an employee on administrative leave with pay.