SB999: Teachers; employment of temporary replacements in schools.


Offered January 9, 2013
Prefiled January 8, 2013
A BILL to amend and reenact 22.1-302 of the Code of Virginia, relating to temporarily employed teachers.
Patron-- Marsh

Referred to Committee on Education and Health

Be it enacted by the General Assembly of Virginia:

1.  That 22.1-302 of the Code of Virginia is amended and reenacted as follows:

22.1-302. Written contracts required; execution of contracts; qualifications of temporarily employed teachers; regulations.

A. A written contract, in a form prescribed by the Board of Education, shall be made by the school board with each teacher employed by it, except those who are temporarily employed, before such teacher enters upon his duties. Such contract shall be signed in duplicate, with a copy thereof furnished to both parties. A temporarily employed teacher, as used in this section, shall mean means (i) one who is employed to substitute for a contracted teacher for a temporary period of time during the contracted teacher's absence, or (ii) one who is employed to fill a teacher vacancy for a period of time, but for no longer than 90 teaching days in such vacancy, unless otherwise approved by the Superintendent of Public Instruction on a case-by-case basis, during one school year. However, no school board shall hire temporarily employed teachers to fill vacancies at the elementary grade levels or in the core subjects of English, mathematics, science, and history and social studies at the middle and high school levels in a manner that results in the staffing of elementary grade levels or such core subject areas with a majority of temporarily employed or unlicensed teachers or shall employ such teachers for consecutive or alternating teaching assignments that total more than 90 teaching days in the same elementary, middle, or high school class during a school year.

B. The Board of Education shall promulgate regulations regarding temporarily employed teachers, as defined in this section, which shall provide that such teachers be at least eighteen 18 years of age and that they hold a high school diploma or a general educational development (GED) certificate.

However, local school boards shall establish employment qualifications for temporarily employed teachers which that may exceed the Board's regulations for the employment of such teachers. School boards shall also seek to ensure that temporarily employed teachers who are engaged as long-term substitutes shall exceed baseline employment qualifications.

C. A separate contract in a form prescribed by the Board of Education shall be executed by the school board with such employee who is receiving a monetary supplement for any athletic coaching or extracurricular activity sponsorship assignment. This contract shall be separate and apart from the contract for teaching.

Termination of a separate contract for any athletic coaching or extracurricular activity sponsorship assignment by either party thereto shall not constitute cause for termination of the separate teaching contract of the coach or teacher.

All such contracts shall require the party intending to terminate the coaching or extracurricular activity sponsorship contract to give reasonable notice to the other party before termination thereof shall become effective.

For the purposes of this section, "extracurricular activity 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.