September 23, 2013

As the president of the largest AFT local in Virginia, representing over 3,500 teachers, I am providing public comment on Va. Code 22.1-307 through 22.1-313 due to important concerns that we have with the changes offered to the Virginia Code.

Changes in the Virginia Code regarding procedures for the dismissal of teachers create significant substantive and procedural problems for both the school district and counsel representing teachers in these matters.

Specifically, the following Regulations should be drafted more carefully to address the following issues*:

1. The removal of "probation" as a resolution alternative in the context of the dismissal action. 
2. Determination of "incompetency".  
3. Notice of a dismissal recommendation. 
4. Unreasonable and Burdensome Discovery Deadlines.
5. Scheduling of the hearing relative to Discovery Deadlines.

Without additional consideration given to the proposed Code language- adjustments, the by-product of these regulation changes may result in increased litigation and time / resource drains on both the school system and teacher. Reasonable Discovery deadlines and careful, accurate wording of the Code (in regards to both “probation” and “incompetence”) are critical in achieving a reasonable and efficient procedure that is fairer to both the school district and teacher.

   *  Please see ‘Public comment’ posted by General Counsel for the Fairfax County Federation of Teachers William B. Reichhardt Esq., dated September 19, 2013 for a detailed description of each issue (#1-5) designated in this section.

Comments by:

Steven L. Greenburg

President, Fairfax County Federation of Teachers

AFT / AFL- CIO #2401