VirginiaHB8492026 Regular SessionHouseWALLET

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

Sponsored By: Rae Cousins (Democratic)

Became Law

Summary

Public school employees; suspension; notice and opportunity for a hearing. Provides that no school board employee shall be suspended without notice and, if applicable, an opportunity to be heard and amends current law to require any individual who has been so suspended, regardless of the length of the suspension, to continue to receive his then applicable salary unless and until the school board, after a hearing, determines otherwise. Under current law, such requirement only applies to any individual who has been suspended for a period in excess of five days.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Pay and benefits for suspended staff

If you are suspended, your salary continues until the school board decides after a hearing. For suspensions tied to listed criminal charges, you may be suspended with or without pay. If without pay, an amount equal to your salary goes into an interest‑bearing escrow. If you are found not guilty or charges are dismissed or nolle prosequi, you are reinstated and get unpaid pay plus interest, minus any earnings while suspended, up to one year’s salary. If you are convicted and all appeals are over, the escrow money goes back to the school board. Your insurance benefits stay active during suspension. Probation under § 18.2-251 counts as a finding of guilt for these rules.

Suspension rules and hearing rights for staff

The law sets clear grounds to suspend school staff. A division may suspend for threats to school or student safety, or after charges for a felony or certain misdemeanors (sexual assault, obscenity, drugs, moral turpitude, or child abuse/neglect), including matching charges in other states. For suspensions not based on those criminal charges, a superintendent cannot suspend you longer than 60 days. A suspension over five days requires a written reason and a chance for a school board hearing. Your division cannot suspend you just because you refuse a polygraph.

Sponsors & Cosponsors

Sponsor

  • Rae Cousins

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 219 • No: 0

Senate vote 3/2/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 2/27/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/26/2026

Reported from Education and Health

Yes: 15 • No: 0

House vote 2/13/2026

Read third time and passed House Block Vote

Yes: 96 • No: 0

House vote 2/9/2026

Reported from Education

Yes: 21 • No: 0

House vote 2/3/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0233)

    4/6/2026Governor
  2. Approved by Governor-Chapter 233 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB849)

    3/9/2026House
  6. Bill text as passed House and Senate (HB849ER)

    3/6/2026House
  7. Enrolled

    3/6/2026House
  8. Signed by President

    3/6/2026Senate
  9. Signed by Speaker

    3/6/2026House
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/2/2026Senate
  11. Read third time

    3/2/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/27/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    2/27/2026Senate
  14. Rules suspended

    2/27/2026Senate
  15. Reported from Education and Health (15-Y 0-N)

    2/26/2026Senate
  16. Assigned Education sub: Public Education

    2/19/2026Senate
  17. Referred to Committee on Education and Health

    2/16/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/16/2026Senate
  19. Read third time and passed House Block Vote (96-Y 0-N 0-A)

    2/13/2026House
  20. Read second time and engrossed

    2/12/2026House
  21. Read first time

    2/11/2026House
  22. Reported from Education (21-Y 0-N)

    2/9/2026House
  23. Subcommittee recommends reporting (10-Y 0-N)

    2/3/2026House
  24. Assigned HED sub: K-12 Subcommittee

    2/2/2026House
  25. Fiscal Impact Statement from Department of Planning and Budget (HB849)

    1/19/2026House

Bill Text

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