Chapter 1. System of Public Schools; General Provisions.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 21.

§ 22.1-1. (For Expiration Date, see Acts 2022, cc. 549, 550, cl. 2) Definitions.

As used in this title, unless the context requires a different meaning:

“Board” or “State Board” means the Board of Education.

“Department” means the Department of Education.

“Division superintendent” means the division superintendent of schools of a school division.

“Elementary” includes kindergarten.

“Elementary and secondary” and “elementary or secondary” include elementary, middle, and high school grades.

“Governing body” or “local governing body” means the board of supervisors of a county, council of a city, or council of a town, responsible for appropriating funds for such locality, as the context may require.

“Middle school” means separate schools for early adolescents and the middle school grades that might be housed at elementary or high schools.

“Parent” or “parents” means any parent, guardian, legal custodian, or other person having control or charge of a child.

“Person of school age” means a person who will have reached his fifth birthday on or before September 30 of the school year and who has not reached twenty years of age on or before August 1 of the school year.

“School board” means the school board that governs a school division.

“Superintendent” means the Superintendent of Public Instruction.

History. 1980, c. 559; 1985, c. 407; 1991, c. 178; 1995, c. 852; 2000, c. 629; 2001, c. 828; 2020, cc. 860, 861.

Cross references.

For constitutional authority to establish and maintain public free schools, see Va. Const., Art. VIII, § 1 et seq.

For requirement that applications for issuance and renewal of occupational licenses and registrations include the applicant’s social security number or a control number issued pursuant to § 46.2-342 , and provision for suspension of such license or registration for delinquency in support obligations, see § 63.2-1937 .

Transition provisions.

At its regular session of 1977, the General Assembly directed the Code Commission to make a study of the laws governing public elementary and secondary education in the Commonwealth and to recommend to the House Education Committee and the Senate Education and Health Committee such legislation as the members of the Commission should deem advisable or necessary. In January of 1980, the Commission sent to the Governor and General Assembly its report containing a proposed revision of Title 22, Education. This report, which was published as House Document No. 21 of the 1980 session, contains reviser’s notes and other explanatory matter which, while valuable, are too lengthy for inclusion here. The Commission’s draft of the revision of Title 22, as amended by the General Assembly, became c. 559 of the Acts of 1980. Effective Oct. 1, 1980, it repeals Title 22 and enacts in lieu thereof a new Title 22.1.

In addition to its revision by c. 559, former Title 22 was also amended by certain other acts passed at the 1980 session. As required by § 30-152, the Code Commission has incorporated these amendments into new Title 22.1.

Some of the cases cited in the notes under the various sections of this title were decided under corresponding provisions of former Title 22 and earlier statutes.

Editor’s note.

Acts 2002, cc. 891 and 895, cl. 1, as amended by Acts 2003, c. 902, cls. 1 and 2, provides: “Posting of certain statement in the public schools.

“All school boards in Virginia shall prominently post (i) the Bill of Rights of the Constitution of the United States; and (ii) the statement, ‘ “In God We Trust,” the National Motto, enacted by Congress in 1956’, in a conspicuous place in each of their schools for all students to read.

“The Office of the Attorney General shall intervene on behalf of local school boards and shall provide legal defense of the provisions of this section.”

Acts 2002, cc. 891 and 895, cl. 2 provides: “That school boards, at their discretion, may accept contributions in cash or in-kind from any person, as defined in § 1-13.19 [see now § 1-230 ], to defray the costs of implementing this provision.”

Acts 2020, cc. 860 and 861, cl. 3 provides: “That the provisions of the first and second enactments of this act shall become effective on July 1, 2021, except that § 22.1-289.04 of the Code of Virginia, as created by this act, shall become effective in due course.”

Acts 2020, Sp. Sess. I, c. 9, effective October 21, 2020, provides: “Each school board, as that term is defined in § 22.1-1 of the Code of Virginia, shall post in a publicly accessible and conspicuous location on its website the plan outlining its strategies for mitigating the spread and public health risk of the COVID-19 virus, consistent with the Centers for Disease Control and Prevention and Virginia Department of Health mitigation recommendations, that the school board is required to submit to the Department of Education before reopening schools in accordance with Phase II and III guidelines pursuant to the June 8, 2020, order of the State Health Commissioner.”

Acts 2022, cc. 549 and 550, cl. 2 provides: “That the provisions of this act shall become effective beginning with the 2024-2025 school year.”

The 2000 amendments.

The 2000 amendment by c. 629 added the paragraph defining “ ‘Governing body’ or ‘local governing body’ .”

The 2001 amendments.

The 2001 amendment by c. 828 rewrote the definition of “Governing body or local governing body,” which had read: “ ‘Governing body’ or ‘local governing body’ means the governing body of the county, city, or town responsible for appropriating funds for such locality.”

The 2020 amendments.

The 2020 amendments by cc. 860 and 861, effective July 1, 2021, are identical, and in the introductory language, substituted “a different meaning” for “otherwise or it is otherwise specifically provided” and added the definitions for “Department” and “Superintendent.”

The 2022 amendments.

The 2022 amendments by cc. 549 and 550 are identical, and added the “Evidence-based literacy instruction” and “Science-based reading research” definitions.

Law Review.

For comment, “ ‘Working to the Contract’ in Virginia: Legal Consequences of Teachers’ Attempts to Limit Their Contractual Duties,” see 16 U. Rich. L. Rev. 449 (1982).

For comment on student rights in Virginia public schools, see 22 U. Rich. L. Rev. 241 (1988).

For note, “School Choice and State Constitutions,” see 86 Va. L. Rev. 117 (2000).

For a note, “ ‘If We Recant, Would We Qualify?’: Exclusion of Religious Providers from State Social Service Voucher Programs,” see 56 Wash. & Lee L. Rev. 1291 (1999).

For an article, “The Supreme Court and Public Schools,” see 86 Va. L. Rev. 1335 (2000).

For article surveying developments in education law in Virginia, see 37 U. Rich. L. Rev. 89 (2002).

Research References.

Education Law (Matthew Bender). Chapter 1 Education, Law and the Attorney. § 1.01 American Education. Rapp.

CASE NOTES

This title implements the provisions of Va. Const., Art. VIII. Allen v. County Sch. Bd., 207 F. Supp. 349, 1962 U.S. Dist. LEXIS 5339 (E.D. Va. 1962) (decided under prior law).

CIRCUIT COURT OPINIONS

“Board,” “State Board,” and “Board of Education” were interchangeable. —

Teacher failed to state a claim under § 22.1-294 as: (1) under § 22.1-1, the terms “Board,” “State Board,” and “Board of Education” were interchangeable, so a requirement for licensure had to flow from the Virginia State Board of Education; (2) the Virginia State Board of Education did not require a license for an Instructional Technology Specialist position; (3) a county board of education’s vacancy announcement did not require a license; (4) a teacher was not a supervisor under subsection E of § 22.1-294; and (5) the continuing contract provisions of § 22.1-294 did not apply to the teacher. Downs v. Brunswick County Sch. Bd., 74 Va. Cir. 191, 2007 Va. Cir. LEXIS 288 (Brunswick County Sept. 26, 2007).

§ 22.1-1. (For Effective Date, see Acts 2022, cc. 549, 550, cl. 2) Definitions.

As used in this title, unless the context requires a different meaning:

“Board” or “State Board” means the Board of Education.

“Department” means the Department of Education.

“Division superintendent” means the division superintendent of schools of a school division.

“Elementary” includes kindergarten.

“Elementary and secondary” and “elementary or secondary” include elementary, middle, and high school grades.

“Evidence-based literacy instruction” means structured instructional practices, including sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable, trustworthy, and valid evidence consistent with science-based reading research; (ii) are used in core or general instruction, supplemental instruction, intervention services, and intensive intervention services; (iii) have a demonstrated record of success in adequately increasing students’ reading competency, vocabulary, oral language, and comprehension and in building mastery of the foundational reading skills of phonological and phonemic awareness, alphabetic principle, phonics, spelling, and text reading fluency; and (iv) are able to be differentiated in order to meet the individual needs of students.

“Governing body” or “local governing body” means the board of supervisors of a county, council of a city, or council of a town, responsible for appropriating funds for such locality, as the context may require.

“Middle school” means separate schools for early adolescents and the middle school grades that might be housed at elementary or high schools.

“Parent” or “parents” means any parent, guardian, legal custodian, or other person having control or charge of a child.

“Person of school age” means a person who will have reached his fifth birthday on or before September 30 of the school year and who has not reached twenty years of age on or before August 1 of the school year.

“School board” means the school board that governs a school division.

“Science-based reading research” means research that (i) applies rigorous, systematic, and objective observational or experimental procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading and writing difficulties and (ii) explains how proficient reading and writing develop, why some children have difficulties developing key literacy skills, and how schools can best assess and instruct early literacy, including the use of evidence-based literacy instruction practices to promote reading and writing achievement.

“Superintendent” means the Superintendent of Public Instruction.

History. 1980, c. 559; 1985, c. 407; 1991, c. 178; 1995, c. 852; 2000, c. 629; 2001, c. 828; 2020, cc. 860, 861; 2022, cc. 549, 550.

§ 22.1-2. System of free public elementary and secondary schools to be maintained; administration.

There shall be a system of free public elementary and secondary schools established and maintained as provided in this title and administered by the Board of Education, the Superintendent of Public Instruction, division superintendents and school boards.

History. Code 1950, §§ 22-1.1, 22-2; 1971, Ex. Sess., c. 100; 1976, cc. 681, 713; 1978, c. 518; 1980, c. 559.

Law Review.

For comment on student rights in Virginia public schools, see 22 U. Rich. L. Rev. 241 (1988).

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 4.

CASE NOTES

The Constitution mandates that the General Assembly provide for a system of free public schools throughout the Commonwealth, and the General Assembly has provided for such a system. Scott v. Commonwealth, 247 Va. 379 , 443 S.E.2d 138, 10 Va. Law Rep. 1192, 1994 Va. LEXIS 56 (1994).

§ 22.1-2.1. Provision of in-person instruction.

  1. As used in this section, “in-person instruction” means instructional interaction between teachers and students that occurs in person and in real time. “In-person instruction” does not include the act of proctoring remote online learning in a classroom.
  2. Except as otherwise permitted in subdivision C 4 of § 22.1-98 or Article 3 (§ 22.1-276.01 et seq.) of Chapter 14, each school board shall offer in-person instruction to each student enrolled in the local school division in a public elementary and secondary school for at least the minimum number of required annual instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program.
  3. Notwithstanding any other provision of law or any regulation, rule, or policy implemented by a school board, school division, school official, or other state or local authority, the parent of any child enrolled in a public elementary or secondary school, or in any school-based early childhood care and education program, may elect for such child to not wear a mask while on school property. A parent making such an election shall not be required to provide a reason or any certification of the child’s health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of this parental election. Nothing in this section shall be construed to affect the Governor’s authority under Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 to accomplish the purposes of such chapter with regard to a communicable disease of public health threat as defined in § 44-146.16.

History. 2022, cc. 2, 780.

Editor's note.

Acts 2022, c. 2, cl. 2 provides: “That each local school division must comply with the provisions of subsection C of § 22.1-2.1 of the Code of Virginia, as created by this act, no later than March 1, 2022.”

Effective date.

This section is effective February 16, 2022.

§ 22.1-3. Persons to whom public schools shall be free.

  1. The public schools in each school division shall be free to each person of school age who resides within the school division. Every person of school age shall be deemed to reside in a school division:
    1. When the person is living with a natural parent or a parent by legal adoption;
    2. When, in accordance with the provisions of § 22.1-360 , the person is living with a noncustodial parent or other person standing in loco parentis, not solely for school purposes, pursuant to a Special Power of Attorney executed under 10 U.S.C. § 1044b by the custodial parent;
    3. When the parents of such person are dead and the person is living with a person in loco parentis who actually resides within the school division;
    4. When the parents of such person are unable to care for the person and the person is living, not solely for school purposes, with another person who resides in the school division and is (i) the court-appointed guardian, or has legal custody, of the person; (ii) acting in loco parentis pursuant to placement of the person for adoption by a person or entity authorized to do so under § 63.2-1200 ; or (iii) an adult relative providing temporary kinship care as that term is defined in § 63.2-100 . Local school divisions may require one or both parents and the relative providing kinship care to submit signed, notarized affidavits (a) explaining why the parents are unable to care for the person, (b) detailing the kinship care arrangement, and (c) agreeing that the kinship care provider or the parent will notify the school within 30 days of when the kinship care arrangement ends, as well as a power of attorney authorizing the adult relative to make educational decisions regarding the person. A school division may also require the parent or adult relative to obtain written verification from the local department of social services where the parent or parents live, or from both that department and the department of social services where the kinship provider lives, that the kinship arrangement serves a legitimate purpose that is in the best interest of the person other than school enrollment. With written consent from the parent or adult relative, for the purposes of expediting enrollment, a school division may obtain such written verification directly from the local department or departments of social services. The verification process shall be consistent with confidentiality provisions of Article 5 (§ 22.1-287 et seq.) of Chapter 14 of this title and Chapter 1 (§ 63.2-100 et seq.) of Title 63.2. If the kinship care arrangement lasts more than one year, a school division may require continued verification directly from one or both departments of social services as to why the parents are unable to care for the person and that the kinship care arrangement serves a legitimate purpose other than school enrollment. A local school division may enroll a person living with a relative in a kinship care arrangement that has not been verified by a local department of social services;
    5. When the person is living in the school division not solely for school purposes, as an emancipated minor;
    6. When all or any portion of the building in which such person resides (i) with another person as set forth in subdivisions 1 through 4 or (ii) as an emancipated minor as set forth in subdivision 5 is taxable by the locality in which the school division is located; or
    7. When the person living in the school division is a homeless child or youth, as set forth in this subdivision, who lacks a fixed, regular, and adequate nighttime residence. Such persons shall include (i) children and youths, including unaccompanied youths who are not in the physical custody of their parents, who (a) are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations or in emergency or transitional shelters; or are abandoned in hospitals; (b) have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or (c) are living in parked cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (ii) migratory children, as defined in the federal Elementary and Secondary Education Act of 1965, P.L. 89-10, as amended, who are deemed homeless as they are living in circumstances set forth in clause (i).School divisions shall comply with the requirements of Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.), to ensure that homeless children and youths shall receive the educational services comparable to those offered to other public school students.School divisions serving the students identified in this subdivision shall coordinate the identification and provision of services to such students with relevant local social services agencies and other agencies and programs providing services to such students, and with other school divisions as may be necessary to resolve interdivisional issues.
  2. In the interest of providing educational continuity to the children of military personnel, no child of a person on active military duty:
    1. Who is attending a school free of charge in accordance with this section shall be charged tuition by that school division upon such child’s relocation to military housing located in another school division in the Commonwealth, pursuant to orders received by such child’s parent to relocate to base housing. Such children shall be allowed to continue attending school in the school division they attended immediately prior to the relocation and shall not be charged tuition for attending such school;
    2. Who is attending a school free of charge in accordance with this section shall be charged tuition by that school division upon such child’s relocation pursuant to orders received by such child’s parent to relocate to a new duty station or to be deployed. Such children shall be allowed to remain enrolled in the current school division free of tuition through the end of the school year; and
    3. Who is eligible to attend school free of charge in accordance with this section shall be charged tuition by a school division that will be the child’s school division of residence once his service member parent is relocated pursuant to orders received. Such a child shall be allowed to enroll in the school division of the child’s intended residence if documentation is provided, at the time of enrollment, of military orders of the service member parent or an official letter from the service member’s command indicating such relocation. Documentation indicating a permanent address within the school division shall be provided to the school division within 120 days of a child’s enrollment or tuition may be charged, including tuition for the days since the child’s enrollment in school. In the event that the child’s service member parent is ordered to relocate before the 120th day following the child’s enrollment, the school division shall not charge tuition. Students eligible to enroll in a school division pursuant to this subdivision may register, remotely or in-person, for courses and other academic programs and participate in the lottery process for charter schools and college partnership laboratory schools in the school division in which such student will reside at the same time and in the same manner as students who reside in the local school division. The assignment of the school such child will attend shall be determined by the local school division.Such children as listed in subdivisions 1, 2, and 3 shall be counted in the average daily membership of the school division in which they are enrolled. Further, the school division in which such children are enrolled subsequent to their relocation to base housing shall not be responsible for providing for their transportation to and from school.

History. Code 1950, § 22-218; 1954, c. 638; 1958, c. 628; 1968, c. 178; 1972, c. 245; 1976, cc. 681, 713; 1978, c. 518; 1980, cc. 559, 576; 1981, cc. 341, 342; 1993, c. 903; 1997, c. 826; 1999, cc. 368, 988; 2000, cc. 209, 830; 2004, cc. 500, 967; 2006, c. 188; 2012, cc. 29, 103, 476, 507; 2013, c. 779; 2016, c. 388; 2018, cc. 394, 594; 2019, cc. 62, 404, 586.

Editor’s note.

Pursuant to § 30-152, the Code Commission has given effect in this section as set out above to the amendment to former § 22-218 in Acts 1980, c. 576.

Acts 2013, c. 779, cl. 2 provides: “That the provisions of this act shall expire on June 30, 2016.” Amendments by Acts 2013, c. 779 have expired, however amendments by Acts 2016, c. 388 made many of the same changes.

Acts 2019, c. 586, cl. 2 provides: “That (i) each student who resides on property that is located in more than one school division and who registers for enrollment at a public school in one such local school division prior to July 1, 2019, and (ii) any sibling of any such student shall be deemed to reside in such local school division and is eligible to attend public school in such local school division for free.”

The 1999 amendments.

The 1999 amendment by c. 368, in subdivision 3, inserted “either (i),” and added “or (ii) acting in loco parentis pursuant to placement of the person for adoption by a person or entity authorized to do so under § 63.1-220.1.”

The 1999 amendment by c. 988 added the last paragraph.

The 2000 amendments.

The 2000 amendment by c. 209 deleted “or” at the end of subdivision 4, added “or” at the end of subdivision 5, added subdivision 6, substituted “subsection 4” for “this section” in the next-to-last paragraph, and rewrote the last paragraph.

The 2000 amendment by c. 830 substituted “§ 63.1-219.8” for “§ 63.1-220.1” at the end of subdivision 3.

The 2004 amendments.

The 2004 amendment by c. 500 deleted subdivision 4, which formerly read: “When the person is living with a parent, guardian, or person in loco parentis in a temporary shelter in the school division, not solely for school purposes”; and in subdivision 6, rewrote the first paragraph, in the third paragraph, inserted “clause (i) of” near the beginning, and added the next-to-last and last paragraphs.

The 2004 amendment by c. 967 added present subdivision 2; and made minor stylistic changes.

The 2006 amendments.

The 2006 amendment by c. 188 inserted the A designation at the beginning of the first paragraph and added subsection B.

The 2012 amendments.

The 2012 amendments by cc. 29 and 103 are identical, and rewrote subdivision A 2.

The 2012 amendments by cc. 476 and 507 are identical, and in the second sentence of subdivision A 6, substituted “individuals with mental illness” for “the mentally ill” in clause (b), and deleted “of this subdivision” at the end.

The 2013 amendments.

The 2013 amendment by c. 779, expires June 30, 2016, and substituted “under 10 U.S.C. § 1044b by” for “under Title 10, United States Code, § 1044b, by” in subdivision A 2; in subdivision A 4 added clause (iii) and the last six sentences; and in subdivision A 6, inserted “federal” preceding, and “P.L. 89-10,” following “Elementary and Secondary Education Act of 1965,” near the end of the first paragraph, and substituted clause designators (a) and (2) for (i) and (ii) in the second paragraph.

The 2016 amendments.

The 2016 amendment by c. 388, in subdivision A 4, added clause (iii) in the first sentence and added the last six sentences; in subdivision A 6, inserted “federal” and “P.L. 89-10” in the first paragraph and redesignated clauses (i) and (ii) as (1) and (2) in the second paragraph; and made minor stylistic changes.

The 2018 amendments.

The 2018 amendment by c. 394, rewrote subdivision A 6, deleted the former two paragraphs following subdivision 6, which defined “temporary shelter” and residence determination of a person residing in a temporary shelter, respectively, and updated the federal reference in the first undesignated paragraph.

The 2018 amendment by c. 594 redesignated former subsection B as subsection B and subdivision B 1; in subdivision B 1, in the first sentence, added “Who is” at the beginning and deleted “and forfeit his military housing allowance” at the end of the first sentence; added subdivisions B 2 and B 3; and in the last paragraph in subsection B inserted “as listed in subdivisions 1, 2, and 3” in the first sentence.

The 2019 amendments.

The 2019 amendments by cc. 62 and 404 are identical, and in subdivision B 3, inserted the fifth sentence.

The 2019 amendment by c. 586 added subdivision A 6; redesignated former subdivision A 6 as subdivision A 7; and made a stylistic change.

Law Review.

For comment on student rights in Virginia public schools, see 22 U. Rich. L. Rev. 241 (1988).

For an article, “Legal Issues Involving Children,” see 32 U. Rich. L. Rev. 1345 (1998).

For 2000 survey of Virginia law regarding children, see 34 U. Rich. L. Rev. 939 (2000).

For 2003/2004 survey of education law, see 39 U. Rich. L. Rev. 183 (2004).

For annual survey article, “Education Law,” see 48 U. Rich. L. Rev. 103 (2013).

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, §§ 21, 28.

OPINIONS OF THE ATTORNEY GENERAL

False information relating to residency. —

A locality does not have the authority to enact an ordinance imposing a civil or criminal penalty against a parent enrolling a child based on false information that indicates the parent and child are residents of the local government, or to enact an ordinance holding a parent liable for the tuition or educational costs in such a situation. See opinion of Attorney General to Delegate M. Kirkland Cox, 04-094, 2005 Va. AG LEXIS 10 (4/7/05).

The categories in this section are not exclusive,

therefore, a school district may not refuse to provide free education to a bona fide resident of the school division based solely on the categories in the section. See opinion of Attorney General to The Honorable, Frank D. Hargrove, Sr., Member, House of Delegates, 07-015, 2007 Va. AG LEXIS 18 (6/14/07).

Transportation to special program. —

A local school board may not charge a fee for the transportation of a student enrolled in a specialty program located outside the boundaries of the student’s base school. See opinion of Attorney General to The Honorable Jackson H. Miller, Member, House of Delegates, 10-016, 2010 Va. AG LEXIS 24 (3/18/10).

County school board is solely responsibility for school consolidation. —

Local school board cannot impose a mandatory fee on students taking advanced placement courses for the required taking of the Advanced Placement Examination. See opinion of Attorney General to The Honorable David W. Marsden, Member, Senate of Virginia, 10-121, 2011 Va. AG LEXIS 9 (01/28/11).

§ 22.1-3.1. Birth certificates required upon admission; required notice to the local law-enforcement agency.

  1. Except as otherwise provided in this subsection, no pupil shall be admitted for the first time to any public school in any school division in this Commonwealth unless the person enrolling the pupil shall present, upon admission, a certified copy of the pupil’s birth record. The principal or his designee shall record the official state birth number from the pupil’s birth record into the pupil’s permanent school record and may retain a copy in the pupil’s permanent school record. If a certified copy of the pupil’s birth record cannot be obtained, the person so enrolling the pupil shall submit an affidavit setting forth the pupil’s age and explaining the inability to present a certified copy of the birth record. If the school division cannot ascertain a child’s age because of the lack of a birth certificate, the child shall nonetheless be admitted into the public schools if the division superintendent determines that the person submitting the affidavit presents information sufficient to estimate with reasonable certainty the age of such child.However, if the student seeking enrollment is a homeless child or youth as defined in § 22.1-3, the school shall immediately enroll such student, even if such student is unable to produce the records required for enrollment, and shall immediately contact the school last attended by the student to obtain relevant academic and other records, and shall comply with the provisions of Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.), including immediately referring the parent of the student or the youth to the local school division liaison, as described in the federal Act, who shall assist in obtaining the necessary records for enrollment.
  2. Upon the failure of any person enrolling a pupil to present a certified copy of the pupil’s birth record, the principal of the school in which the pupil is being enrolled or his designee shall immediately notify the local law-enforcement agency. The notice to the local law-enforcement agency shall include copies of the submitted proof of the pupil’s identity and age and the affidavit explaining the inability to produce a certified copy of the birth record.
  3. Within 14 days after enrolling a transferred pupil, the principal of the school in which the pupil has been enrolled or his designee shall request that the principal or his designee of the school in which the pupil was previously enrolled submit documentation that a certified copy of the pupil’s birth record was presented upon the pupil’s initial enrollment.
  4. Principals and their designees shall be immune from any civil or criminal liability in connection with any notice to a local law-enforcement agency of a pupil lacking a birth certificate or failure to give such notice as required by this section.

History. 1990, c. 295; 1991, c. 523; 2004, c. 500; 2007, c. 49; 2018, c. 394.

Cross references.

As to accepting children for placement in homes, facilities, etc., by local boards, see § 63.2-900 .

The 2004 amendments.

The 2004 amendment by c. 500, in subsection A, added “Except as otherwise provided in this subsection” at the beginning of the first sentence in the first paragraph and added the last paragraph; and made a minor stylistic change.

The 2007 amendments.

The 2007 amendment by c. 49 inserted “and may retain a copy in the pupil’s permanent school record” to the end of the second sentence in subsection A.

The 2018 amendments.

The 2018 amendment by c. 394 substituted “of Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act” for “of the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001” in the second paragraph of subsection A.

§ 22.1-3.2. Notice of student’s school status required as condition of admission; penalty.

  1. Prior to admission to any public school of the Commonwealth, a school board shall require the parent, guardian, or other person having control or charge of a child of school age to provide, upon registration:
    1. A sworn statement or affirmation indicating whether the student has been expelled from school attendance at a private school or in a public school division of the Commonwealth or in another state for an offense in violation of school board policies relating to weapons, alcohol or drugs, or for the willful infliction of injury to another person. This document shall be maintained as a part of the student’s scholastic record.
    2. A sworn statement or affirmation indicating whether the student has been found guilty of or adjudicated delinquent for any offense listed in subsection G of § 16.1-260 or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories. This document shall be maintained as provided in § 22.1-288.2.
  2. When the child is registered as a result of a foster care placement as defined in § 63.2-100 , the information required under this section shall be furnished by the local social services agency or licensed child-placing agency that made the foster care placement.
  3. Any person making a materially false statement or affirmation shall be guilty upon conviction of a Class 3 misdemeanor.

History. 1993, c. 889; 2006, cc. 53, 183.

Cross references.

As to punishment for Class 3 misdemeanors, see § 18.2-11 .

The 2006 amendments.

The 2006 amendments by cc. 53 and 183 are identical, and inserted the subdivision A 1 and subsection C designations; in subdivision A 1, added the second sentence; added subdivision A 2 and subsection B; deleted the last sentence of subsection C, which read: “The registration document shall be maintained as a part of the student’s scholastic record”; and made minor stylistic changes.

Law Review.

For 2006 survey article, “Family and Juvenile Law,” see 41 U. Rich. L. Rev. 151 (2006).

§ 22.1-3.3. Transfer of students under certain circumstances.

Whenever any student has been the victim of any crime against the person pursuant to Chapter 4 (§ 18.2-30 et seq.) of Title 18.2, and such crime was committed by another student attending classes in the school, or by any employee of the school board, or by any volunteer, contract worker or other person who regularly performs services in the school, or if the crime was committed upon school property or on any school bus owned or operated by the school division, the student upon whom the crime was committed shall, upon written request from the student’s parent, or the student, if such student is an emancipated minor, be permitted by the relevant school board to transfer to another comparable school within the school division, if available. Any transportation services for such students shall be provided in accordance with school board policies.

For the purposes of this section, “victim” means any student who has been the victim of a crime against the person pursuant to Chapter 4 (§ 18.2-30 et seq.) of Title 18.2, and who has suffered physical, psychological, or economic harm as a direct result of the commission of such crime.

History. 1997, cc. 362, 408.

Law Review.

For an article, “Legal Issues Involving Children,” see 32 U. Rich. L. Rev. 1345 (1998).

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 23.

§ 22.1-3.4. Enrollment of certain children placed in foster care.

  1. Whenever a student has been placed in foster care by a local social services agency and the placing social services agency is unable to produce any of the documents required for enrollment pursuant to § 22.1-3.1, 22.1-270, or 22.1-271.2, the student shall immediately be enrolled; however, the person enrolling the student shall provide a written statement that, to the best of his knowledge, sets forth (i) the student’s age, (ii) compliance with the requirements of § 22.1-3.2, and (iii) that the student is in good health and is free from communicable or contagious disease.
  2. The sending and receiving school divisions shall cooperate in facilitating the enrollment of any child placed in foster care across jurisdictional lines for the purpose of enhancing continuity of instruction. The child shall be allowed to continue to attend the school in which he was enrolled prior to the most recent foster care placement, upon the joint determination of the placing social services agency and the local school division that such attendance is in the best interest of the child.
  3. In the event the student continues to attend the school in which he was enrolled prior to the most recent foster care placement, the receiving school division shall be accorded foster children education payments pursuant to § 22.1-101.1; further, the receiving school division may enter into financial arrangements with the sending school division pursuant to subsection C of § 22.1-5. Under no circumstances shall a child placed in foster care be charged tuition regardless of whether such child is attending the school in which he was enrolled prior to the most recent foster care placement or attending a school in the receiving school division.
  4. For the purposes of subsections A, B, and C:“A child or student placed in foster care” means a pupil who is the subject of a foster care placement through an entrustment or commitment of such child to the local social services board or licensed child-placing agency pursuant to clause (ii) of the definition of “foster care placement” as set forth in § 63.2-100 .For the purposes of this section:“Receiving school division” means the school division in which the residence of the student’s foster care placement is located.“Sending school division” means the school division in which the student last attended school.
  5. Notwithstanding the provisions of subsections A, B, and C or § 22.1-3 or 22.1-5, no person of school age who is the subject of a foster care placement, as such term is defined in § 63.2-100 , shall be charged tuition.
  6. The provisions of this section shall apply to any student who was in foster care upon reaching 18 years of age but who has not yet reached 22 years of age.

History. 2005, c. 343; 2011, c. 154; 2020, cc. 474, 475.

The 2011 amendments.

The 2011 amendment by c. 154 rewrote the last sentence in subsection B, which read: “The sending school division and receiving school division may agree to allow the child to continue to attend the school in which he was enrolled prior to the most recent foster care placement, upon the agreement of the placing social services agency that such attendance is in the best interest of the child”; and in subsection C, substituted “In the event the student continues to attend” for “In the event the student is allowed to continue to attend.”

The 2020 amendments.

The 2020 amendments by cc. 474 and 475 are identical, and added subsection F.

§ 22.1-4. Repealed by Acts 1991, c. 523.

Cross references.

For current provision relating to admission of children whose age is not ascertainable because of lack of birth certificate, see § 22.1-3.1.

§ 22.1-4.1. Street addresses required in certain school admission documents.

Documents submitted for admission of any child to public schools in the Commonwealth, except such documents required in accordance with §§ 22.1-3.1 and 22.1-270, shall include the street address or route number of each pupil’s residence. If no street address or route number exists for such residence, a post office box number shall be required.

If the pupil is a homeless child or youth as defined in subdivision A 7 of § 22.1-3, and for that reason the school division determines, on the basis of the affidavit of the person seeking to enroll the pupil, that a street address, route number, or post office box number cannot be provided, it may accept an address in an alternate form it deems appropriate.

Address information provided under this section shall not be released to any person unless otherwise authorized by law.

History. 1997, c. 900; 2000, c. 209; 2004, c. 500; 2019, c. 586.

The 2000 amendments.

The 2000 amendment by c. 209 added the last sentence in the first paragraph.

The 2004 amendments.

The 2004 amendment by c. 500 substituted “is a homeless child or youth as defined in subdivision 6 of” for “has no fixed, regular, and adequate nighttime residence, and has a primary nighttime residence as described in subsection 6 of” in the second paragraph.

The 2019 amendments.

The 2019 amendment by c. 586 substituted “subdivision A 7 of § 22.1-3” for “subdivision A 6 of § 22.1-3” in the second paragraph.

§ 22.1-4.2. Designation of race or ethnicity.

  1. School board employees administering tests or other assessment instruments shall not require any public school students being tested to disclose their race or ethnicity on such tests.Nothing in this subsection shall, however, prevent relevant school division personnel from obtaining such information from the students’ permanent record and placing such information on such test or assessment instrument.
  2. No student or his parent shall be required to disclose information related to the student’s race or ethnicity unless (i) the student or his parent is given an option to designate “other” for the student’s race or ethnicity or (ii) such disclosure is required by federal law.

History. 2000, c. 273; 2018, c. 587.

The 2018 amendments.

The 2018 amendment by c. 587 designated the existing provisions as subsection A; in subsection A, deleted “elementary” preceding “school students” in the first paragraph and substituted “subsection” for “section” in the second paragraph; and added subsection B.

§ 22.1-4.3. Participation by and notification of noncustodial parent.

Unless a court order has been issued to the contrary, the noncustodial parent of a student enrolled in a public school or day care center (i) shall not be denied the opportunity to participate in any of the student’s school or day care activities in which such participation is supported or encouraged by the policies of the school or day care center solely on the basis of such noncustodial status and (ii) shall be included, upon the request of such noncustodial parent, as an emergency contact for the student’s school or day care activities.

For the purposes of this section, “school or day care activities” shall include, but shall not be limited to, lunch breaks, special in-school programs, parent-teacher conferences and meetings, and extracurricular activities. It is the responsibility of the custodial parent to provide the court order to the school or day care center.

History. 1997, c. 762, § 22.1-279.5; 2001, cc. 688, 820; 2005, c. 34.

The 2005 amendments.

The 2005 amendment by c. 34, in the first paragraph, inserted the clause (i) designator and added “and (ii) shall be included, upon the request of such noncustodial parent, as an emergency contact for the student’s school or day care activities” at the end.

§ 22.1-5. Regulations concerning admission of certain persons to schools; tuition charges.

  1. Consistent with Article VIII, Section 1 of the Constitution of Virginia, no person may be charged tuition for admission or enrollment in the public schools of the Commonwealth, whether on a full-time or part-time basis, who meets the residency criteria set forth in § 22.1-3. No person of school age shall be charged tuition for enrollment in a program preparing students to pass a high school equivalency examination approved by the Board of Education or alternative program offered as a regional or divisionwide initiative by the local school division in which such person is deemed to reside pursuant to § 22.1-3. Further, no person of school age shall be denied admission or charged tuition when (i) such person’s custodial parent has been deployed outside the United States as a member of the Virginia National Guard or as a member of the United States armed forces; and (ii) such person’s custodial parent has executed a Special Power of Attorney under Title 10, United States Code, § 1044b providing for the care of the person of school age by an individual who is defined as a parent in § 22.1-1 during the time of his deployment outside the United States. The person of school age shall be allowed to attend a school in the school division in which the individual providing for his care, pursuant to the Special Power of Attorney under Title 10, United States Code, § 1044b, resides. Furthermore, when practicable, such persons of school age may continue to attend school in the Virginia school division they attended immediately prior to the deployment and shall not be charged tuition for attending such division.The following persons may, however, in the discretion of the school board of a school division and pursuant to regulations adopted by the school board, be admitted into the public schools of the division and may, in the discretion of the school board, be charged tuition:
    1. Persons who reside within the school division but who are not of school age.
    2. Persons of school age who are residents of the Commonwealth but who do not reside within the school division, except as provided in this section.
    3. Persons of school age who are attending school in the school division pursuant to a foreign student exchange program approved by the school board.
    4. Persons of school age who reside beyond the boundaries of the Commonwealth but near thereto in a state or the District of Columbia which grants the same privileges to residents of the Commonwealth.
    5. Persons of school age who reside on a military or naval reservation located wholly or partly within the geographical boundaries of the school division and who are not domiciled residents of the Commonwealth of Virginia; however, no person of school age residing on a military or naval reservation located wholly or partly within the geographical boundaries of the school division may be charged tuition if federal funds provided under P.L. 874 of 1950, commonly known as Impact Aid, shall fund such students at not less than 50 percent of the total per capita cost of education, exclusive of capital outlay and debt service, for elementary or secondary pupils, as the case may be, of such school division. Notwithstanding any other provision of law to the contrary, such persons of school age who reside on a military or naval reservation with military-owned housing located wholly or partly within the geographical boundaries of multiple school divisions shall be deemed eligible for interscholastic programs immediately upon enrollment in a public elementary or secondary school in any of the aforementioned school divisions, provided that such persons (i) satisfy all other requirements for eligibility and (ii) are dependents of a military service member required by the military to live on the military installation as evidenced by a statement on command letterhead signed by, or by direction of, the service member’s commanding officer.
    6. Persons of school age who, as domiciled residents of the Commonwealth who were enrolled in a public school within the school division, are required as a result of military or federal orders issued to their parents to relocate and reside on federal property in another state or the District of Columbia, if the school division subsequently enrolling such persons is contiguous to such state or District of Columbia.
    7. Persons of school age who reside in the school division and who are enrolled in summer programs, exclusive of required remediation as provided in § 22.1-253.13:1, or in local initiatives or programs not required by the Standards of Quality or the Standards of Accreditation.For the purposes of determining the residency of persons described in subdivisions 1 and 2, local school boards shall adopt regulations consistent with the residency requirements regarding persons residing in housing or temporary shelter, or on property located in multiple jurisdictions, as articulated in § 22.1-3.
  2. Persons of school age who are not residents of the Commonwealth but are living temporarily with persons residing within a school division may, in the discretion of the school board and pursuant to regulations adopted by it, be admitted to the public schools of the school division. Tuition shall be charged such persons.
  3. No tuition charge authorized or required in this section shall exceed the total per capita cost of education, exclusive of capital outlay and debt service, for elementary or secondary pupils, as the case may be, of such school division and the actual, additional costs of any special education or gifted and talented program provided the pupil, except that if the tuition charge is payable by the school board of the school division of the pupil’s residence pursuant to a contract entered into between the two school boards, the tuition charge shall be that fixed by such contract.
  4. School boards may accept and provide programs for students for whom English is a second language who entered school in Virginia for the first time after reaching their twelfth birthday, and who have not reached 22 years of age on or before August 1 of the school year. No tuition shall be charged such students, if state funding is provided for such programs.

History. Code 1950, §§ 22-218.3, 22-219, 22-220; 1958, c. 628; 1959, Ex. Sess., c. 81, § 1; 1964, c. 192; 1968, c. 178; 1976, cc. 681, 713; 1978, c. 140; 1980, c. 559; 1981, c. 342; 1993, c. 293; 1994, c. 887; 1999, cc. 394, 443, 465, 988; 2000, c. 253; 2004, c. 967; 2007, c. 42; 2013, cc. 641, 669; 2014, c. 84.

The 1999 amendments.

The 1999 amendment by c. 394 added subdivision A 6.

The 1999 amendment by c. 443, in subsection A, added sentences one and two, inserted “however” preceding “in the discretion” in the third sentence, and added subdivision 7.

The 1999 amendment by c. 465 substituted “however” for “provided, however, that” in subdivision A 5; deleted “provided however, that no state funds may be used to provide programs under this subsection for any individual who has reached his 18th birthday and who does not provide documentation of United States citizenship or legal presence in the United States” from the end of subsection D; and deleted the former subsection E, which read: “Any local school board accepting students pursuant to this section shall establish acceptance criteria consistent with relevant federal and state law and regulation.”

The 1999 amendment by c. 988 added the last paragraph of subsection A.

The 2000 amendments.

The 2000 amendment by c. 253 deleted “if the school division admitting such persons borders such state or District of Columbia” at the end of subdivision A 4.

The 2004 amendments.

The 2004 amendment by c. 967 added the third and fourth sentences of subsection A, inserted “except as provided in this section” to the end of subdivision A 2, substituted “50 percent” for “fifty percent” in subdivision A 5 and “22 years” for “twenty two years” in subsection D.

The 2007 amendments.

The 2007 amendment by c. 42, in subsection A, deleted former clause (iii), which read: “(iii) such person has been attending a public school in this Commonwealth while residing with his custodial parent” in the third sentence, deleted “or, when practicable, to continue to attend the school in which he was enrolled while residing with his custodial parent” from the end of the fourth sentence, added the last sentence, and made related changes.

The 2013 amendments.

The 2013 amendments by cc. 641 and 669 are identical, and added the last sentence of subdivision A 5 and made stylistic changes.

The 2014 amendments.

The 2014 amendment by c. 84, in subsection A, second sentence, substituted “program preparing students to pass a high school equivalency examination approved by the Board of Education” for “general education development.”

Law Review.

For article surveying developments in education law in Virginia, see 37 U. Rich. L. Rev. 89 (2002).

For 2003/2004 survey of education law, see 39 U. Rich. L. Rev. 183 (2004).

OPINIONS OF THE ATTORNEY GENERAL

False information relating to residency. —

A locality does not have the authority to enact an ordinance imposing a civil or criminal penalty against a parent enrolling a child based on false information that indicates the parent and child are residents of the local government, or to enact an ordinance holding a parent liable for the tuition or educational costs in such a situation. See opinion of Attorney General to Delegate M. Kirkland Cox, 04-094, 2005 Va. AG LEXIS 10 (4/7/05).

Capital renovation costs for school property that is neither leased nor owned. —

A school board does not currently have the legal authority to fund capital renovation costs for school property that it does not lease and which is fully owned and operated by a different county school board. See opinion of Attorney General to the Honorable Joe T. May, Member, House of Delegates, 13-028, 2013 Va. AG LEXIS 44 (6/28/13).

§ 22.1-5.1. Organizations governing public school interscholastic programs; participation by students in military families.

  1. No public elementary or secondary school shall become a member of any organization or entity whose purpose is to regulate or govern interscholastic programs that does not deem eligible for participation a student who:
    1. Previously attended the school and (i) moved with a parent, as defined in § 22.1-1, out of the school’s attendance area because that parent is a full-time active duty member of the uniformed services of the United States, including service in the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211, and received orders to relocate and (ii) moved back to and currently lives in the school’s attendance area; or
    2. Continues to live in the school’s attendance area, but whose parent, as defined in § 22.1-1, moved out of the school’s attendance area because that parent is a full-time active duty member of the uniformed services of the United States, including service in the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211, and received orders to relocate.
  2. Nothing in this section shall affect the school board’s discretion to admit a student to a public school in the local school division and charge tuition for his attendance if the student is not deemed to reside in the local school division pursuant to §§ 22.1-3 and 22.1-5.

History. 2013, c. 553.

§ 22.1-6. Permitted fees and charges.

Except as provided in this title or as permitted by regulation of the Board of Education, no fees or charges may be levied on any pupil by any school board. No pupil’s scholastic report card or diploma shall be withheld because of nonpayment of any such fee or charge.

History. Code 1950, §§ 22-197, 22-198, 22-199; 1977, c. 204; 1980, c. 559.

OPINIONS OF THE ATTORNEY GENERAL

School board cannot require parents to pay for substance abuse testing and treatment program. —

A county school board does not have authority to require parents to pay for testing and treatment program as condition to granting excused absences to students suspended for substance abuse. See opinion of Attorney General to The Honorable Joseph V. Gartlan Jr., Member, Senate of Virginia, 99-101, 2000 Va. AG LEXIS 5 (1/11/00).

Transportation to special program. —

A local school board may not charge a fee for the transportation of a student enrolled in a specialty program located outside the boundaries of the student’s base school. See opinion of Attorney General to The Honorable Jackson H. Miller, Member, House of Delegates, 10-016, 2010 Va. AG LEXIS 24 (3/18/10).

County school board is solely responsibility for school consolidation. —

Local school board cannot impose a mandatory fee on students taking advanced placement courses for the required taking of the Advanced Placement Examination. See opinion of Attorney General to The Honorable David W. Marsden, Member, Senate of Virginia, 10-121, 2011 Va. AG LEXIS 9 (01/28/11).

§ 22.1-6.1. Menstrual supplies; availability; public elementary, middle, and high schools.

  1. As used in this section, “menstrual supplies” means tampons or pads for use in connection with the menstrual cycle.
  2. Each school board shall make menstrual supplies available, at all times and at no cost to students, in such accessible locations as it deems appropriate in each elementary school in the local school division.
  3. Each school board shall make menstrual supplies available, at all times and at no cost to students, in the bathrooms of each middle school and high school in the local school division.

History. 2020, cc. 675, 676.

§ 22.1-7. Responsibility of each state board, agency, and institution having children in residence or in custody.

  1. Each state board, state agency, and state institution having children in residence or in custody shall have responsibility for providing for the education and training to such children which is at least comparable to that which would be provided to such children in the public school system. Such board, agency, or institution may provide such education and training either directly with its own facilities and personnel in cooperation with the Board of Education or under contract with a school division or any other public or private nonreligious school, agency, or institution.
  2. The Board of Education shall supervise the education and training provided to school-age individuals in state training centers, and shall provide for and direct the education for school-age individuals in state hospitals operated by the Department of Behavioral Health and Developmental Services in cooperation with the Department of Behavioral Health and Developmental Services.
  3. The Board shall prescribe standards and regulations for all such education and training provided directly by a state board, state agency, or state institution.
  4. Each state board, state agency, or state institution providing such education and training shall submit annually its program therefor to the Board of Education for approval in accordance with regulations of the Board.
  5. If any child in the custody of any state board, state agency, or state institution is a child with disabilities as defined in § 22.1-213 and such board, agency, or institution must contract with a private nonreligious school to provide special education as defined in § 22.1-213 for such child, the state board, state agency, or state institution may proceed as a guardian pursuant to the provisions of subsection A of § 22.1-218.
  6. Any person of school age who is admitted pursuant to § 16.1-338, 16.1-339, or 16.1-340.1 or in accordance with an order of involuntary commitment entered pursuant to §§ 16.1-341 through 16.1-345 to a state facility for children and adolescents operated by the Department of Behavioral Health and Developmental Services shall, upon admission, be permitted to participate in any education program offered in the facility that is administered by the Department of Education, regardless of his enrollment status. Information required to enroll such person in any such education program may be disclosed in accordance with state and federal law. Nothing in this subsection shall be construed to require enrollment in an education program if such person has been excused from attendance at school pursuant to subdivision B 1 of § 22.1-254.

History. Code 1950, § 22-9.1:04; 1972, c. 603; 1974, c. 480; 1980, c. 559; 1985, c. 207; 1994, c. 854; 2005, c. 928; 2009, cc. 813, 840; 2012, cc. 476, 507; 2019, cc. 173, 281.

The 2005 amendments.

The 2005 amendment by c. 928 substituted “nonreligious school” for “nonsectarian school” in the second and last sentences and made a minor stylistic change.

The 2009 amendments.

The 2009 amendments by cc. 813 and 840 are identical, and substituted “Behavioral Health and Developmental” for “Mental Health, Mental Retardation and Substance Abuse” at the end of the third sentence.

The 2012 amendments.

The 2012 amendments by cc. 476 and 507 are identical, and substituted “individuals in state training centers, and shall provide for and direct the education for school-age individuals in state hospitals operated by the Department of Behavioral Health and Developmental Services” for “residents in state mental retardation facilities, and provide for and direct the education for school-age residents in state mental health facilities” in the third sentence.

The 2019 amendments.

The 2019 amendments by cc. 173 and 281 are identical, and designated the existing provisions as subsections A through E and added subsection F; and made stylistic changes.

§ 22.1-7.1. Open school enrollment policy.

  1. Any local school board may establish and implement policies to provide for the open enrollment to any school of any student residing within the school division upon the request of a parent or guardian. In developing such policies, a local school board may include the following conditions and limitations:
    1. An application process whereby a parent or guardian indicates a school preference for purposes of his child attending a school in the child’s school division but outside of the attendance area in which the child resides;
    2. A requirement that the parent or guardian provide transportation for the student attending a school other than his assigned school;
    3. A requirement that a student may be disqualified from attending a school other than his assigned school if he has been subject to a specified disciplinary action;
    4. A prohibition on the recruitment of a student from one school to another by a school division employee;
    5. A limitation on participation in certain athletic activities for a student who chooses to attend a school other than his assigned school;
    6. A random, unbiased selection process in the event open enrollment requests exceed the capacity of a school;
    7. A provision that a student shall be permitted to remain at the receiving school until the student has completed the highest grade level in the school; and
    8. A preference to a student (i) who resides in a location that has been subject to a change in school attendance area during the previous two years, (ii) who has a sibling attending the receiving school, or (iii) whose parent or guardian is an employee of the receiving school.
  2. A copy of the school division’s policies for open enrollment, if any, shall be posted on the division’s website and shall be available to the public upon request.
  3. Nothing in this section shall interfere with a local school board’s authority to adopt a pupil assignment plan pursuant to § 22.1-79.
  4. For the purposes of this section, “open enrollment” means a policy adopted and implemented by a local school board to allow any student to enroll in any school within the school division of attendance regardless of the location of the student’s residence.

History. 2012, c. 510; 2013, c. 805; 2015, c. 369; 2022, c. 355.

Editor’s note.

Acts 2013, c. 805, cl. 3 provides: “That the initial transfer of supervision of schools to the Institution shall occur after the 2013-2014 school year.”

Acts 2013, c. 805, cl. 4 provides: “That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriation act passed by the 2013 Session of the General Assembly, which becomes law.” Funding was provided.

The 2013 amendments.

The 2013 amendment by c. 805 inserted “not including a school previously in the school division that is currently under the supervision of the Opportunity Educational Institution” in subsection A, in the first sentence. For applicability provision, see Editor’s note.

The 2015 amendments.

The 2015 amendment by c. 369 deleted “not including a school previously in the school division that is currently under the supervision of the Opportunity Educational Institution” following “open enrollment to any school” in subsection A.

The 2022 amendments.

The 2022 amendment by c. 355 substituted “assignment” for “placement” in subsection C.

§ 22.1-7.2. Enrollment for students residing on a military installation or in military housing.

  1. As used in this section, “military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, fort, or other activity under the jurisdiction of the Department of Defense, including any leased facility, that is located in whole or in part within the Commonwealth. “Military installation” does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
  2. Any local school board of a school division in which a military installation or other military housing is located shall establish and implement policies to provide for the enrollment to any school of any student residing on a military installation or in military housing within the school division upon the request of his parent if space in the school is available. In developing such policies, a local school board may include any of conditions listed in subsection A of § 22.1-7.1 or any other condition deemed appropriate by the local school board.
  3. A copy of the school division’s policies for enrollment for students residing on a military installation or in military housing within the school division shall be posted on the division’s website and shall be available to the public upon request.

History. 2018, c. 390.

Chapter 2. Board of Education.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, §§ 6, 12, 13.

§ 22.1-8. General supervision vested in Board.

The general supervision of the public school system shall be vested in the Board of Education.

History. Code 1950, § 22-11; 1971, Ex. Sess., c. 203; 1980, c. 559.

Cross references.

For constitutional provision, see Va. Const., Art. VIII, § 4.

Editor’s note.

Acts 2014, c. 425, cl. 1, provides: “§ 1. The Board of Education shall develop model criteria and procedures for establishing a jointly operated high school with a career and technical education focus to be recommended to the Governor and the General Assembly for funding as a Governor’s Career and Technical Education School.”

Acts 2018, c. 517, cl. 1 provides: “§ 1. The Board of Education shall make recommendations to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than November 1, 2018, relating to (i) strategies for eliminating any stigma associated with high school career and technical education pathways and the choice of high school students to pursue coursework and other educational opportunities in career and technical education and related fields such as computer science and robotics and (ii) the consolidation of the standard and advanced diplomas into a single diploma and the creation of multiple endorsements for such diploma to recognize student competencies and achievements in specific subject matter areas.”

OPINIONS OF THE ATTORNEY GENERAL

Selection of textbooks. —

A local school board may select and use textbooks that are not approved by the Board of Education, provided it complies with the Board’s regulations governing such selection. Further, a local school board must give “official approval” of criteria to be used for review and assessment of textbooks at the local level. See opinion of Attorney General to The Honorable Robert G. Marshall, Member, House of Delegates, 09-022, 2009 Va. AG LEXIS 32 (7/27/09).

§ 22.1-9. Appointment, terms, and vacancies.

The Board of Education shall consist of nine members appointed by the Governor, at least two of whom shall represent business and industry in the private sector in the Commonwealth, and of the nine members at least five shall reside in different superintendent’s regions in the Commonwealth. The Governor shall consider appointing one member with expertise or experience in local government leadership or policymaking, one member with expertise or experience in career and technical education, and one member with expertise or experience in early childhood education. Every appointment to the Board shall be for a term of four years, except that appointments to fill vacancies other than by expiration of term shall be for the unexpired terms. All appointments, including those to fill vacancies, shall be subject to confirmation by the General Assembly, and any appointment made during the recess of the General Assembly shall expire at the end of 30 days after the commencement of the next session of the General Assembly. No member of the Board shall be appointed to more than two consecutive four-year terms.

History. Code 1950, § 22-12.1; 1971, Ex. Sess., c. 203; 1980, c. 559; 2017, c. 687; 2021, Sp. Sess. I, c. 21; 2022, c. 770.

Cross references.

For constitutional provision, see Va. Const., Art. VIII, § 4.

Editor’s note.

Acts 2017, c. 395, cl. 4 provides: “That, beginning July 1, 2017, the term of any member appointed to the Board of Education pursuant to § 22.1-9 of the Code of Virginia that is set to expire on January 29 shall be extended to June 30 of that year.”

Acts 2021, Sp. Sess. I, c. 21, cl. 2 provides: “That the provisions of this act shall not be construed to affect existing appointments for which the terms have not expired. However, any new appointments made on and after July 1, 2021, shall be made in accordance with this act.”

The 2017 amendments.

The 2017 amendment by c. 687 inserted “at least two of whom shall represent business and industry in the private sector in the Commonwealth” and substituted “30” for “thirty.”

The 2021 Sp. Sess. I amendments.

The 2021 amendments by Sp. Sess. I, c. 21, effective July 1, 2021, added “and of the nine members at least five shall reside in different superintendent’s regions in the Commonwealth” at the end of the first sentence.

The 2022 amendments.

The 2022 amendment by c. 770 added the second sentence.

§ 22.1-9.1. Student Advisory Board established.

  1. There is hereby established the Student Advisory Board (the Advisory Board) for the purpose of providing student perspectives on matters before the Board.
  2. The Advisory Board shall consist of eight members appointed by the Governor, each of whom shall be a high school student who will enter senior year during the following school year and each of whom shall reside in a different Superintendent’s region. Each member shall serve for a term of one year, and no member is eligible to be reappointed.
  3. The Advisory Board shall meet at least semiannually in either an in-person or, notwithstanding any other provision of law, a virtual format and shall designate at least one member to make an annual presentation to the Board that includes analysis of and recommendations on matters before the Board or any other matter that the Advisory Board deems relevant.

History. 2022, c. 778.

§ 22.1-10. President.

The Board shall elect from its membership a president for a term of two years.

History. Code 1950, § 22-13; 1971, Ex. Sess., c. 203; 1980, c. 559.

§ 22.1-11. Quorum.

A majority of the members of the Board shall constitute a quorum for the transaction of business.

History. Code 1950, § 22-14; 1980, c. 559.

§ 22.1-12. Oath of office.

Before entering upon the duties of office, a person appointed to the Board shall take and subscribe the oath prescribed for an officer of this Commonwealth as provided in Chapter 1 (§ 49-1 et seq.) of Title 49.

History. Code 1950, § 22-15; 1980, c. 559.

§ 22.1-13. Meetings.

Meetings of the Board shall be held upon the call of the president or upon request of a majority of its members. The president shall give due notice to all the members of the time and place of all meetings. The place of meeting shall ordinarily be the office of the Superintendent of Public Instruction.

History. Code 1950, § 22-17; 1980, c. 559.

§ 22.1-14. Minutes.

The minutes of each meeting of the Board shall be signed by the person presiding at such meeting.

History. Code 1950, § 22-18; 1980, c. 559.

§ 22.1-15. Repealed by Acts 1980, c. 728.

Cross references.

For present provisions as to compensation and expenses of boards, commissions and similar bodies, see § 2.2-2813 .

§ 22.1-16. Bylaws and regulations generally.

The Board of Education may adopt bylaws for its own government and promulgate such regulations as may be necessary to carry out its powers and duties and the provisions of this title.

History. Code 1950, § 22-19; 1971, Ex. Sess., c. 203; 1980, c. 559.

Cross references.

For constitutional provision as to powers and duties of Board of Education, see Va. Const., Art. VIII, § 5.

Editor’s note.

Acts 2010, c. 72, provides: “§ 1. That the Board of Education shall review its Regulations Establishing Standards for Accrediting Public Schools in Virginia (8 VAC 20-131) as they relate to homebound instructional services to address whether homebound instruction may be made available to students who are confined at home or in a health care facility for periods that would prevent normal school attendance based upon evidence submitted by any person licensed to diagnose and treat mental, emotional, or behavioral disorders by a health regulatory board within the Department of Health Professions.”

Acts 2010, c. 814, cl. 1, as amended by Acts 2012, cc. 805 and 836, provides: Ҥ 1. That the Board of Education shall amend its regulations to require that all teacher education preparation programs in early/primary preK-3, elementary education preK-6, middle education 6-8, and history and social sciences include local government and civics instruction specific to Virginia.

“§ 2. Repealed by Acts 2012, cc. 805 and 836, cl. 2, effective July 1, 2012.”

Acts 2010, c. 814, cl. 2, provides: “That the Board of Education shall promulgate regulations to implement the provisions of this act to be effective by July 1, 2011.”

Acts 2012, c. 786, cl. 1, provides: “§ 1. That the Board of Education shall develop physical education program guidelines for public elementary and middle schools.”

Acts 2012, c. 786, cl. 2, provides: “That the Board of Education, in developing the guidelines pursuant to this act, shall work with the American Heart Association, the American Cancer Society, the American Academy of Pediatrics, Virginia Chapter, the Virginia Association of School Superintendents, the Virginia School Boards Association and other interested stakeholders.”

Acts 2012, c. 786, cl. 3, provides: “That the Board of Education shall develop the guidelines pursuant to this act prior to January 1, 2014.”

CASE NOTES

Procedure for adjusting grievances held invalid. —

A state board procedure for adjusting grievances compelling nonsupervisory employees of local school boards to submit certain grievances to binding arbitration was invalid as requiring unlawful delegation of supervision conferred on local boards by Va. Const., Art. VIII, § 7. School Bd. v. Parham, 218 Va. 950 , 243 S.E.2d 468, 1978 Va. LEXIS 252 (1978) (decided under prior law).

§ 22.1-16.1. Board to establish regulations regarding human research.

The Board shall promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16 , to be conducted or authorized by the Department of Education or any public schools including the Virginia Schools for the Deaf and the Blind or any proprietary schools certified by the Board. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Superintendent of Public Instruction or his designee at least annually a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved.

History. 1992, c. 603.

§ 22.1-16.2. (Repealed) Child identification kits; child protection kits.

History. 2003, cc. 83, 86; repealed by 2022, c. 355.

§ 22.1-16.3. Cooperation with other state agencies regarding students placed in group homes or residential facilities having educational programs.

  1. In addition to the requirement to cooperate with other state departments in licensing and certification of residential schools for students with disabilities, the Department of Education shall cooperate with other state departments in fulfilling their respective licensing and certification responsibilities and in reducing and simplifying the regulations involved in the licensing and certification of group homes and residential facilities for children when such homes or facilities include an educational program. The Board shall promulgate regulations allowing the Department of Education to so assist and cooperate with other state departments.
  2. The Board’s regulations shall address the services required to be provided in such homes and facilities as it may deem appropriate to ensure the education and safety of the students. In addition, the Board’s regulations shall include, but shall not be limited to (i) specifications for the structure and accommodations of such homes or facilities according to the needs of the children to be placed; (ii) rules concerning allowable activities, local government and home- or facility-imposed curfews, and study, recreational, and bedtime hours; and (iii) a requirement that each home or facility have a community liaison who shall be responsible for facilitating cooperative relationships with the neighbors, the local school division, local law enforcement, local government officials, and the community at large.

History. 2005, cc. 358, 471.

§ 22.1-16.4. Nutrition and physical activity best practices database.

The Department of Education shall develop and maintain a nutrition and physical activity best practices database. The database shall contain the results of any wellness-related fitness testing done by local school divisions, as well as information on successful programs and policies implemented by local school divisions designed to improve nutrition and physical activity in the public schools. This information may include (i) a description of the program or policy, (ii) advice on implementation, (iii) any assessment of the program or policy, (iv) a contact person from the local school division, and (v) any other information the Department deems appropriate. The database shall be readily accessible to all local school divisions in the Commonwealth and the Department of Health. While the Board shall encourage local school divisions to submit information to the database, no school division shall be required to submit information.

History. 2008, cc. 47, 398.

§ 22.1-16.5. Training materials on human trafficking.

The Board, in collaboration with the Department of Social Services, shall provide awareness and training materials for local school division staff on human trafficking, including strategies for the prevention of trafficking of children.

History. 2012, cc. 317, 370.

§ 22.1-16.6. Guidelines for alternatives to suspension.

The Board of Education shall establish guidelines for alternatives to short-term and long-term suspension for consideration by local school boards. Such alternatives may include positive behavior incentives, mediation, peer-to-peer counseling, community service, and other intervention alternatives.

History. 2017, cc. 231, 303.

Editor’s note.

Acts 2017, cc. 231 and 303 were codified as this section at the direction of the Virginia Code Commission.

§ 22.1-16.7. Regulations regarding endorsement to teach military science.

The State Board of Education shall amend its regulations to require that persons seeking a technical professional license with an endorsement to teach military science have either the appropriate credentials issued by the United States military or a recommendation from a Virginia employing educational agency.

History. 2020, cc. 108, 109.

Editor’s note.

Acts 2020, cc. 108 and 109 were codified as this section at the direction of the Virginia Code Commission.

§ 22.1-16.8. Instructional material; sexually explicit content; parental notification.

  1. As used in this section, “sexually explicit content” has the same meaning as provided in subsection A of § 2.2-2827 .
  2. The Department shall develop and make available to each school board model policies for ensuring parental notification of any instructional material that includes sexually explicit content and include information, guidance, procedures, and standards relating to:
    1. Ensuring parental notification;
    2. Directly identifying the specific instructional material and sexually explicit subjects; and
    3. Permitting the parent of any student to review instructional material that includes sexually explicit content and provide, as an alternative, nonexplicit instructional material and related academic activities to any student whose parent so requests.
  3. Each school board shall adopt policies that are consistent with but may be more comprehensive than the model policies developed by the Department pursuant to subsection B.

History. 2022, c. 100.

Editor's note.

Acts 2022, c. 100, cl. 2 provides: “That the Department of Education shall develop and make available to each school board model policies pursuant to subsection B of § 22.1-16.8 of the Code of Virginia, as created by this act, no later than July 31, 2022.”

Acts 2022, c. 100, cl. 3 provides: “That each school board shall adopt policies pursuant to subsection C of § 22.1-16.8 of the Code of Virginia, as created by this act, no later than January 1, 2023.”

Acts 2022, c. 100, cl. 4 provides: “That the provisions of this act shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools.”

§ 22.1-17. Statements concerning regulations.

Not less than sixty days prior to the adoption of any regulation affecting school divisions, the Board of Education and the Department of Education shall prepare a statement as to the administrative impact of such regulation on school divisions and the projected costs of implementation of and compliance with such regulation and shall send a copy thereof to each division superintendent.

History. Code 1950, § 22-19.01; 1976, c. 602; 1980, c. 559; 1988, c. 234.

§ 22.1-17.01. Definition of “intervener.”

For the purposes of regulations promulgated by the Board of Education, “intervener” means an individual with knowledge and skill in the mode of communication of a deaf-blind student and who can communicate to the deaf-blind student what is occurring in the student’s educational setting.

History. 2013, c. 729.

Editor’s note.

Acts 2013, c. 729, cl. 1 was codified as this section at the direction of the Virginia Code Commission.

§ 22.1-17.02. Definition of “student with limited or interrupted formal education.”

  1. The Department shall develop and adopt a common statewide definition for the term “student with limited or interrupted formal education” and shall require local school divisions to report the number of students who fall under such definition as part of the required data collection and reporting on average daily membership for the purposes of documenting any changes in such numbers over time.
  2. The Board shall evaluate the supports and programs available to students with limited or interrupted formal education in local school divisions to determine whether the calculations for the school quality indicators within the Board’s Regulations Establishing the Standards for Accrediting Public Schools in Virginia (8VAC20-131-5 et seq.) are appropriate or whether changes in methodology could be made to more comprehensively measure the academic and nonacademic achievement of such student population. Such evaluation shall be completed to make the necessary revisions to impact the methodology for the calculation of school accreditation ratings for the 2021-2022 school year

History. 2020, c. 696.

Editor’s note.

Acts 2020, c. 696 was codified as this section at the direction of the Virginia Code Commission.

§ 22.1-17.1. Regulations for reenrollment.

The Board of Education, in cooperation with the Board of Juvenile Justice, shall promulgate regulations for the reenrollment in the public schools of children who have been in the custody of the Department of Juvenile Justice. Such regulations shall include the components required in a reenrollment plan and shall provide for consistency in the curricula, standards and policies between the educational programs required by this title, and those of the Board of Juvenile Justice.

History. 1990, c. 797; 1991, c. 295; 1996, c. 1000; 2012, cc. 803, 835.

Cross references.

As to supervision of juvenile during commitment and on parole, see § 16.1-293.

Editor’s note.

Acts 1990, c. 797, which enacted this section, in cl. 3 provided that the provisions of the 1990 act would become effective July 1, 1992. However, Acts 1991, c. 295, cl. 1 amended Acts 1990, c. 797, cl. 3, to make this section effective July 1, 1991.

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 99, are identical, and twice substituted “Board of Juvenile Justice” for “Board of Correctional Education.”

§ 22.1-17.2. Nursing education programs.

The Board of Education and the Board of Nursing, or their representatives, shall, at least annually, develop and revise an interagency agreement relating to the regulation of public school nursing education programs. This memorandum of understanding shall establish a framework for cooperation in order to achieve consistency in the regulation of such programs. The duties and responsibilities of the Department of Education and the Board of Nursing for public school practical nursing and nurse aide education programs shall be set forth in the agreement. The agreement shall include, but need not be limited to, core curricula for the programs; administrative and clerical activities such as exchange of mailing labels, participation in site visits, reporting requirements, and information for newsletters; review and revision of the curricula materials; participation in inservice activities and state conferences; opportunity to participate in and comment on revisions of any relevant regulations; and communication procedures between the two state agencies and with the local school divisions.

History. 1991, c. 629.

§ 22.1-17.3. Identification of student internship programs.

The Board of Education, the Department of Labor and Industry, and the State Board for Community Colleges shall identify High School to Work Partnerships established pursuant to subsection D of § 22.1-227.1 and other student internship programs that may be eligible for exemptions from federal and state labor laws and regulations for which exemptions are available for student apprenticeship programs. The Board of Education, the Department of Labor and Industry, and the State Board for Community Colleges shall also establish procedures by which such exemptions may be obtained for such High School to Work Partnerships and other student internship programs.

History. 1996, c. 150; 2018, cc. 142, 388.

The 2018 amendments.

The 2018 amendments by cc. 142 and 388 are identical, and inserted “High School to Work Partnerships established pursuant to subsection D of § 22.1-227.1 and other” in the first sentence; inserted “the Department of Labor and Industry, and the” and “such High School Work Partnerships and other” in the second sentence; and made stylistic changes.

§ 22.1-17.4. Certain honorary diplomas to be issued under specific circumstances.

  1. Any veteran of World War II may apply to the Board of Education for a Commonwealth of Virginia World War II Veteran Honorary High School Diploma by filing, in compliance with Board guidelines, a statement declaring that:
    1. During the years between 1939 and 1945, he served in any branch of the United States Armed Forces and was subsequently honorably discharged;
    2. He was drafted or did enlist in the United States Armed Forces while still enrolled as a secondary school student in any school in any state or territory of the United States or any school located on or associated with a United States military base or embassy; and
    3. He was unable to resume his secondary education upon returning to civilian life.
  2. Any veteran of the Korean War may apply to the Board of Education for a Commonwealth of Virginia Korean War Veteran Honorary High School Diploma by filing, in compliance with Board guidelines, a statement declaring that:
    1. During the years between 1950 and 1953, he served in any branch of the United States Armed Forces and was subsequently honorably discharged;
    2. He enlisted in or was drafted into the United States Armed Forces while still enrolled as a secondary school student in any school in any state or territory of the United States or any school located on or associated with a United States military base or embassy; and
    3. He was unable to resume his secondary education upon returning to civilian life.
  3. Any veteran of the Vietnam War may apply to the Board of Education for a Commonwealth of Virginia Vietnam War Veteran Honorary High School Diploma by filing, in compliance with Board guidelines, a statement declaring that:
    1. During the years between 1959 and 1975, he served in any branch of the United States Armed Forces and was subsequently honorably discharged;
    2. He enlisted in or was drafted into the United States Armed Forces while still enrolled as a secondary school student in any school in any state or territory of the United States or any school located on or associated with a United States military base or embassy; and
    3. He was unable to resume his secondary education upon returning to civilian life.
  4. The Board of Education shall establish guidelines setting forth the timelines and procedures for applying for such diplomas. Upon the filing of the required statement in accordance with its guidelines, the Board of Education shall award the veteran either a Commonwealth of Virginia World War II Veteran Honorary High School Diploma, or a Commonwealth of Virginia Korean War Veteran Honorary High School Diploma, or a Commonwealth of Virginia Vietnam War Veteran Honorary High School Diploma. Such diplomas shall be delivered to eligible veterans during the first full week in September that has been designated, in accordance with § 2.2-3309.1 , as the Virginia World War II Veterans Appreciation Week, or during the first full week in November that has been designated, in accordance with § 2.2-3309.1 , as the Virginia Korean War Veterans Appreciation Week, or during the first full week in November that has been designated, in accordance with § 2.2-3310 , as Vietnam War Memorial Dedication Week and Veterans’ Recognition Week in the Commonwealth.

History. 2001, c. 263; 2002, c. 162; 2009, c. 66.

The 2002 amendments.

The 2002 amendment by c. 162 added present subsection B; redesignated former subsection B as present subsection C; and, in subsection C, inserted “either” and added “or a Commonwealth of Virginia Korean War Veteran Honorary High School Diploma” in the second sentence, and added “or during the first full week in November that has been designated, in accordance with § 2.2-3309.1 , as the Virginia Korean War Veterans Appreciation Week” at the end of the last sentence.

The 2009 amendments.

The 2009 amendment by c. 66 added “and was subsequently honorably discharged” at the end of A 1 and B 1; inserted subsection C; redesignated former subsection C as subsection D; and in subsection D, added “or a Commonwealth of Virginia Vietnam War Veteran Honorary High School Diploma” at the end of the next-to-last sentence and added the language beginning “or during the first full week” at the end of the last sentence.

§ 22.1-17.5. Public notice and comment regarding certain resource guides.

In order to provide appropriate opportunity for input from the general public, parents, teachers, and local school boards, the Board of Education shall solicit public comment prior to revising or adopting Standards of Learning resource guides and lists of recommended textbooks in any Standards of Learning academic subject. Thirty days prior to soliciting public comment, the Board shall publish notice of its intended action. Interested parties shall be given reasonable opportunity to be heard and present information prior to final action of the Board.

The Board shall make such resource guides available for public inspection at least thirty days prior to final adoption or revision, as the case may be.

History. 2001, c. 869.

The number of this section was assigned by the Virginia Code Commission, the number in the 2001 act having been 22.1-17.4.

§ 22.1-17.6. Public elementary and secondary schools and local school divisions; information and forms.

  1. The Board shall adopt policies to ensure that the Department does not require public elementary or secondary schools or local school divisions to (i) provide information that is already available to or housed within the Department; (ii) provide the same written information more than once during a school year, absent a change in the underlying information; (iii) complete forms for students with disabilities unless such forms are necessary to ensure compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.); or (iv) provide information that is not necessary to comply with state or federal law unless such information is relevant to student outcomes or the efficient operation of the public schools, provided that the Department may require such schools and local school divisions to provide any such information or complete any such forms if the Department demonstrates a compelling need or demonstrates that it does not have a more expeditious method for obtaining the information or completing the forms.
  2. The Department shall annually evaluate and determine the continued need for the information that it collects from public elementary and secondary schools and local school divisions. In making such evaluation and determination, the Department shall consider whether the information that it collects is required by state or federal law.
  3. The Board shall report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health by November 15 of each year on (i) information that public elementary and secondary schools and local school divisions are required to provide to the Department pursuant to state law, (ii) the results of the annual evaluation and determination made by the Department pursuant to subsection B, (iii) any reports required of public elementary or secondary schools or local school divisions that the Department has consolidated, (iv) any information that the Department no longer collects from public elementary or secondary schools or local school divisions, and (v) any forms that the Department no longer requires public elementary or secondary schools or local school divisions to complete.

History. 2016, c. 521; 2022, c. 355.

The 2022 amendments.

The 2022 amendment by c. 355 deleted “of Education” following “Department” throughout; deleted former subsection B, which read: “The Department of Education shall study the transition to electronic submission of all information and forms to the Department of Education by public elementary and secondary schools and local school divisions and submit a report of its findings to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than November 1, 2016”; substituted “subsection B” for “subsection C” in subsection C in clause (ii); and redesignated accordingly.

§ 22.1-17.7. Social-emotional learning guidance standards.

The Department shall (i) establish a uniform definition of social-emotional learning and develop guidance standards for social-emotional learning for all public students in grades kindergarten through 12 in the Commonwealth; (ii) make such standards available to each local school division no later than July 1, 2021; and (iii) issue a report no later than November 1, 2021, on the resources needed to successfully support local school divisions with the implementation of a statewide social-emotional learning program.

History. 2020, c. 339.

Editor’s note.

Acts 2020, c. 339 was codified as this section at the direction of the Virginia Code Commission.

§ 22.1-18. Report on education and standards of quality for school divisions; when submitted and effective.

By December 1 of each year, the Board of Education shall submit to the Governor and the General Assembly a report on the condition and needs of public education in the Commonwealth and shall identify any school divisions and the specific schools therein that have failed to establish and maintain schools meeting the existing prescribed standards of quality. Such standards of quality shall be subject to revision only by the General Assembly, pursuant to Article VIII, Section 2 of the Constitution of Virginia. Such report shall include:

  1. A complete listing of the current standards of quality for the Commonwealth’s public schools, together with a justification for each particular standard, how long each such standard has been in its current form, and whether the Board recommends any change or addition to the standards of quality;
  2. Information regarding parent and student choice within each school division and any plans of such school divisions to increase school choice;
  3. A complete listing of each report that local school divisions are required to submit to the Board or any other state agency, including name, frequency, and an indication of whether the report contains information that the local school division is also required to submit to the federal government;
  4. An explanation of the need to retain or maintain the frequency of any report identified pursuant to subdivision 3; any recommendation for the elimination, reduction in frequency, or consolidation of reports identified pursuant to subdivision 3 when such elimination, reduction in frequency, or consolidation would require an amendment to the laws of the Commonwealth; and a description of any other report identified pursuant to subdivision 3 that the Board has eliminated, reduced in frequency, or consolidated; and
  5. A complete listing of each report pertaining to public education that local school divisions are required to submit to the federal government, including name and frequency.

History. Code 1950, § 22-19.1; 1971, Ex. Sess., c. 160; 1973, c. 97; 1980, c. 559; 1984, c. 157; 2002, cc. 159, 253; 2013, c. 643; 2015, c. 386; 2016, c. 469; 2017, c. 235.

Cross references.

For the standards for quality, see now § 22.1-253.13:1 et seq.

The 2002 amendments.

The 2002 amendments by cc. 159 and 253 are identical, and deleted the former second sentence, which read: “In any year in which amendments to the standards of quality are proposed, such report shall further contain the standards of quality prescribed by the Board for the school divisions of the Commonwealth”; and added the last sentence.

The 2013 amendments.

The 2013 amendment by c. 643 added the last sentence.

The 2015 amendments.

The 2015 amendment by c. 386 substituted “December 1” for “November 15” and “that” for “which” in the first sentence.

The 2016 amendments.

The 2016 amendment by c. 469 inserted the subdivision 1 and 2 designations; deleted “Such report shall also include” at the beginning of subdivision 2; and added subdivisions 3 and 4.

The 2017 amendments.

The 2017 amendment by c. 235 inserted subdivision 4 and redesignated former subdivision 4 as subdivision 5.

§ 22.1-18.01. Biennial review of the standards of quality required; budget estimates.

  1. To ensure the integrity of the standards of quality, the Board of Education shall, in odd-numbered years, exercise its constitutional authority to determine and prescribe the standards, subject to revision only by the General Assembly, by reviewing the standards and either (i) proposing amendments to the standards or (ii) making a determination that no changes are necessary.
  2. If the Board proposes changes to the standards of quality, the budget estimates that are required to be reported pursuant to § 2.2-1504 shall take into consideration the Board’s proposed standards of quality.

History. 2002, c. 498; 2006, cc. 42, 130; 2017, c. 787.

Editor’s note.

Acts 2020, c. 1289, Item 138 B, as amended by Acts 2021, Sp. Sess. I, c. 552, effective for the biennium ending June 30, 2022, provides: “The Board of Education shall consider the caseload standards for speech-language pathologists as part of its review of the Standards of Quality, pursuant to § 22.1-18.01, Code of Virginia.”

Acts 2020, c. 1289, Item 138 C, as amended by Acts 2021, Sp. Sess. I, c. 552, effective for the biennium ending June 30, 2020, provides: “The Board of Education shall consider the inclusion of instructional positions needed for blind and visually impaired students enrolled in public schools and shall consider developing a caseload requirement for these instructional positions as part of its review of the Standards of Quality, pursuant to § 22.1-18.01, Code of Virginia.”

The 2006 amendments.

The 2006 amendments by cc. 42 and 130 are identical, and in subsection A, substituted “even-numbered years” for “odd-numbered years,” deleted former clause (i) preceding “reviewing the standards and,” and deleted the former clause (ii) designation thereafter, added present clause (i) designation, and redesignated former clause (iii) as clause (ii); and inserted “following the year” in subsection B.

The 2017 amendments.

The 2017 amendment by c. 787, in subsection A, substituted “odd-numbered” for “even-numbered”; and in subsection B, substituted “If” for “In any odd-numbered year following the year in which.”

§ 22.1-18.1. Annual report on gifted education required; local advisory committee on gifted education.

Each local school board shall submit the annual report, “Programs for Gifted Education,” as required by Board regulations, to the Department of Education.

Each school board may appoint, in accordance with the regulations of the Board of Education, a local advisory committee on gifted education. A local advisory committee on gifted education shall annually review the local plan for the education of gifted students, including revisions, and determine the extent to which the plan for the previous year was implemented. The comments and recommendations of the local advisory committee on gifted education shall be submitted in writing directly to the school board and the superintendent.

A school board shall comply with Board regulations governing gifted education relative to the use of multiple criteria for the identification of gifted students.

With such funds as may be appropriated for this purpose, the Department of Education shall conduct an annual review of all local gifted education programs, on such date as it may determine, to ensure full implementation and compliance with federal and state laws and regulations governing gifted education. The Department may conduct the review as an on-site observation or require certification of compliance from the division superintendent.

History. 1998, c. 879; 1999, c. 554; 2012, cc. 805, 836.

Editor’s note.

Acts 2020, c. 871, cl. 1 provides: “As part of its current comprehensive review of its Regulations Governing Educational Services for Gifted Students (8VAC20-40-10 et seq.), the Board of Education shall consider revisions to the process of screening and identifying students for eligibility for gifted and talented programs and referring students to such programs to improve the identification of student populations that are underrepresented in such programs, including economically disadvantaged students, English language learner students, and students with disabilities. The Board of Education shall also consider revisions to the data collection requirements of the annual report required by such regulations to better inform equitable screening and identification for and access to gifted and talented programs for student populations that are underrepresented in such programs.”

The 1999 amendment, in the first paragraph, deleted “The Board of Education shall require that” from the beginning of the paragraph, and inserted “shall” preceding “submit the”; in the second paragraph, added the first sentence, substituted “annually review” for “review annually,” and rewrote the former third sentence which read: “The recommendations of the advisory committee shall be submitted in writing through the division superintendent to the school board”; and substituted “comply” for “require compliance” in the third paragraph.

The 2012 amendments.

The 2012 amendments by cc. 805 and 836 are identical, and in the second paragraph, substituted “may appoint” for “shall appoint” in the first sentence, and substituted “A local advisory” for “The local advisory” in the second sentence.

§ 22.1-19. Accreditation of elementary, middle, and high schools; nursery schools; recognition of certain organizations; child day center regulation.

The Board shall provide for the accreditation of public elementary, middle, and high schools in accordance with standards prescribed by it. The Board may provide for the accreditation of private elementary, middle, and high schools in accordance with standards prescribed by it, taking reasonably into account the special circumstances and factors affecting such private schools. The Board in its discretion may recommend provisions for accreditation standards for private nursery schools. Any such accreditation shall be at the request of the private school only.

For the purposes of facilitating the transfer of academic credits for students who have attended private schools and are enrolling in public schools, and to meet the requirements of § 22.1-289.032, the Board of Education shall authorize, in a manner it deems appropriate, the Virginia Council for Private Education to accredit private nursery, preschool, elementary, and secondary schools.

History. Code 1950, § 22-21; 1954, c. 326; 1968, c. 281; 1980, c. 559; 1991, c. 178; 1993, cc. 730, 742; 2000, c. 535; 2012, cc. 803, 835; 2016, c. 442; 2020, cc. 860, 861.

Editor’s note.

Acts 2012, cc. 83 and 172, cl. 1 provides: “§ 1. That the Board of Education shall adopt regulations adjusting the formula for calculating the final high school accreditation status as follows: for schools having met minimal accreditation requirements, a minimum numerical value of three points shall be added to the completion index total points calculation for each student obtaining (i) a diploma and (ii) an industry certification, industry pathway certification, a state licensure, or an occupational competency credential in a career and technical education program, when such certification, licensure, or credential is approved by the Board of Education as student-selected verified credit. The additional points shall not be used to obtain or deny accreditation.”

Acts 2015, cc. 367 and 368, cl. 1 provides: “§ 1. No later than July 1, 2016, the Board of Education, in consultation with the Standards of Learning Innovation Committee, shall redesign the School Performance Report Card so that it is more effective in communicating to parents and the public the status and achievements of the public schools and local school divisions in the Commonwealth. The Board, in redesigning the School Performance Report Card, may consider (i) the standards of accreditation, (ii) state and federal accountability requirements, (iii) state-mandated assessments, (iv) any alternative assessments developed or approved for use by the relevant local school board, (v) student growth indicators, (vi) student mobility, (vii) the experience and qualifications of school staff, (viii) total cost and funding per pupil, (ix) school safety, and (x) any other factors that the Board deems necessary to produce a full and accurate statement of performance for each public elementary and secondary school and local school division in the Commonwealth. No later than October 1, 2015, the Board shall provide notice and solicit public comment on the redesigned School Performance Report Card. No later than December 1, 2015, the Board shall make a summary of the redesigned School Performance Report Card available to the public and submit such summary to the Chairman of the House Committee on Education and the Chairman of the Senate Committee on Education and Health. No later than October 1, 2016, and each October 1 thereafter, the Board shall make available to the public a School Performance Report Card for each public elementary and secondary school and local school division in the Commonwealth.”

Acts 2020, cc. 860 and 861, cl. 3 provides: “That the provisions of the first and second enactments of this act shall become effective on July 1, 2021, except that § 22.1-289.04 of the Code of Virginia, as created by this act, shall become effective in due course.”

The 2000 amendments.

The 2000 amendment by c. 535 added the second paragraph.

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 75, are identical, and substituted “State Board of Social Services” for “Child Day Care Council” in the last paragraph.

The 2016 amendments.

The 2016 amendment by c. 442 deleted “The Board shall promulgate accreditation regulations that incorporate, but may exceed, the regulations for child day centers promulgated by the State Board of Social Services, for those child day centers described in subdivision A 7 of § 63.2-1715 ” from the end of the section.

The 2020 amendments.

The 2020 amendments by cc. 860 and 861, effective July 1, 2021, are identical, and in the first paragraph in the penultimate sentence, inserted “accreditation” and in the last paragraph, substituted “§ 22.1-289.032” for “§ 63.2-1717.”

§ 22.1-19.1. Action for violations related to secure mandatory tests.

  1. The Office of the Attorney General, on behalf of the Board of Education, may bring a cause of action in the circuit court having jurisdiction where the person resides or where the act occurred for injunctive relief, civil penalty, or both, against any person who knowingly and willfully commits any of the following acts related to secure mandatory tests required by the Board to be administered to students:
    1. Permitting unauthorized access to secure test questions prior to testing;
    2. Copying or reproducing all or any portion of any secure test booklet;
    3. Divulging the contents of any portion of a secure test;
    4. Altering test materials or examinees’ responses in any way;
    5. Creating or making available answer keys to secure tests;
    6. Making a false certification on the test security form established by the Department of Education;
    7. Excluding students from testing who are required to be assessed; or
    8. Participating in, directing, aiding or abetting, or assisting in any of the acts prohibited in this section.For the purpose of this subsection,  “secure” means an item, question, or test that has not been made publicly available by the Department of Education.
  2. Nothing in this section may be construed to prohibit or restrict the reasonable and necessary actions of the Board of Education, Superintendent of Public Instruction or the Department of Education or their agents or employees engaged in test development or selection, test form construction, standard setting, test scoring, reporting test scores, or any other related activities which, in the judgment of the Superintendent of Public Instruction or Board of Education, are necessary and appropriate.
  3. Any person who violates any provisions of this section may be assessed a civil penalty not to exceed $1,000 for each violation. Furthermore, any person whose administrative or teaching license has been suspended or revoked pursuant to § 22.1-292.1 may be assessed a civil penalty for the same violation under this section and the reasonable costs of any review or investigation of a violation of test security.All civil penalties paid to the Commonwealth pursuant to this section shall be deposited into the Literary Fund.
  4. For the purpose of this section, “person” shall not mean a student enrolled in a public school.

History. 2000, cc. 634, 659; 2004, cc. 939, 955; 2006, cc. 25, 95; 2011, c. 248.

Editor’s note.

Acts 2004, cc. 939 and 955, cl. 2 provides: “That no educational standard set forth in this act, for which state funding is required, shall take effect unless the state’s share of funding that standard is included in the 2004 Appropriation Act, passed during the 2004 Session of the General Assembly and signed by the Governor.” See Editor’s note under § 22.1-253.13:2 and Acts 2004, Sp. Sess. I, c. 4, Items 146 B 6 b and 146 C 2 j.

The 2004 amendments.

The 2004 amendments by cc. 939 and 955 are identical, and inserted “test materials or” in subdivision A 4.

The 2006 amendments.

The 2006 amendments by cc. 25 and 95 are identical, and in subsection C, divided the former provisions of the first paragraph into two sentences, by substituting “Furthermore” for “however” and substituted “may” for “shall not” and added “and the reasonable costs of any review or investigation of a violation of test security” in the second sentence.

The 2011 amendments.

The 2011 amendment by c. 248 added subdivision A 7 and made a related change; redesignated former subdivision A 7 as subdivision A 8; and added subsection D.

§ 22.1-20. Retention of pupil personnel records.

The Board of Education is authorized to promulgate regulations governing the retention of pupil personnel records in public schools.

History. Code 1950, § 22-53.1; 1968, c. 351; 1970, c. 154; 1980, c. 559.

§ 22.1-20.1. Powers and duties of the Board related to public broadcasting stations; disbursement of funds.

  1. As used in this section, unless the context requires a different meaning:

    “Public broadcasting station” means any noncommercial, educational television or radio station that (i) is licensed and regulated by the Federal Communications Commission as a noncommercial, educational broadcasting station; (ii) is operated by a public agency or a nonprofit private foundation, corporation, or association; (iii) has offices and studios located in Virginia; and (iv) on or before January 1, 1997, was qualified to receive or was the recipient of a Virginia community service grant or other instructional television service funds, or, after January 1, 1997, until July 1, 2012, was qualified by the Virginia Public Broadcasting Board to receive state funds under standards and criteria established by the Virginia Public Broadcasting Board pursuant to law, or, after July 1, 2012, was qualified by the Board of Education in accordance with this section. Public broadcasting station shall not include any institution of higher education that produces or transmits distance education and other credit and noncredit television programs, unless such institution requests qualification as a public broadcasting station and the Board of Education approves its request.

  2. The Board shall have the power and duty to:
    1. Receive, allocate, and dispense funds appropriated by the General Assembly and funds received by the Board from other sources, subject to the approval of the Director of the Department of Planning and Budget;
    2. Develop reasonable and fair formulas for allocating and distributing state funds and other funds of the Board to Virginia’s public broadcasting stations consistent with the intent of such appropriations;
    3. Apply for, accept, and receive grants of federal funds and funds from other public and private sources;
    4. Adopt, administer, and apply standards and criteria by which the Board may permit television and radio stations to qualify as public broadcasting stations if those stations did not qualify for or receive Virginia community service grants or other instructional television service funds as of January 1, 1997, but otherwise qualify as such under the definition of a public broadcasting station. To avoid unnecessary duplication of public broadcasting services, the Board shall consider: (i) the adequacy of existing programming, coverage, and other public broadcasting services in the geographic area to be served and the extent to which those services would be duplicated by an additional public broadcasting station and (ii) the sufficiency of funds administered by the Board to support existing or proposed public broadcasting stations;
    5. Coordinate such strategic planning by the public broadcasting stations as the Board deems appropriate and identify and communicate to the Governor and the General Assembly the funding and other requirements of Virginia’s public broadcasting stations; and
    6. Enter into contracts with public broadcasting stations, state agencies and institutions, public schools, and private entities for goods and services.
  3. The Director of the Department of Planning and Budget shall oversee and approve the disbursement of all funds appropriated to the Board for the purposes enumerated in this section. Upon approval, the funds of the Board shall be disbursed for the following general purposes:
    1. Annual operating-grant-funding to public broadcasting stations for developing, acquiring, producing, and distributing programs and related services that support local needs of preschool and adult education; disseminating information to the citizenry regarding the government and its affairs; promoting tourism and enhancing the Commonwealth’s economic development; and supporting other programs that inform, educate, and entertain the citizenry with noncommercial programming.
    2. Annual contract-funding to public broadcasting stations to regionally manage and provide programming and related services that directly support the instructional activities of local schools and home educators.
    3. Matching-capital-funding to public broadcasting stations for construction and equipment modernization to keep Virginia stations consistent with industry standards.
    4. Funding for specific programs and projects to be provided by a public broadcasting station that may not be included in another funding category.

History. 2012, cc. 803, 835; 2022, c. 355.

Editor’s note.

This section was enacted by Acts 2012, cc. 803 and 835, cl. 57.

The 2022 amendments.

The 2022 amendment by c. 355 deleted “in § 2.2-1122 ” in subdivision B 4 in the first sentence at the end.

§ 22.1-20.2. Student data security.

  1. The Department of Education shall develop, in collaboration with the Virginia Information Technologies Agency, and update regularly but in no case less than annually, a model data security plan for the protection of student data held by school divisions. Such model plan shall include (i) guidelines for access to student data and student data systems, including guidelines for authentication of authorized access; (ii) privacy compliance standards; (iii) privacy and security audits; (iv) procedures to follow in the event of a breach of student data; and (v) data retention and disposition policies. The model plan and any updates shall be made available to every school division.
  2. The Department of Education shall designate a chief data security officer, with such state funds as made available, to assist school divisions, upon request, with the development and implementation of their own data security plans and to develop best practice recommendations regarding the use, retention, and protection of student data.

History. 2015, c. 561.

Editor’s note.

Acts 2015, c. 561, cl. 2 provides: “That the Department of Education may convene a working group to assist with the development of initial instructions, procedures, services, security assessments, best practices, and security measures required by this act for the development of a model student data security plan. Such working group shall include the Superintendent of Public Instruction, the Chief Information Officer of the Commonwealth, the Chief Security Officer of the Commonwealth, representatives from each of the eight superintendent regions, and other parties deemed necessary by the Department. If convened, the working group shall submit a report on or before July 1, 2016, to the chairmen of the House Committee on Appropriations and the Senate Committee on Finance on the cost of developing a model student data security plan.”

§ 22.1-20.3. Granting easements across lands of certain schools and institutions.

The Board may, subject to the prior written approval of the Governor, convey upon such terms and conditions and for such consideration as it deems proper easements upon, over, across, or under the property of any school or educational institution for which it serves as the governing board, to any political subdivision of the Commonwealth, public utility, public service company, or cable television company for the purpose of erecting or maintaining power, telephone, cable television, water, sewer, or gas lines and mains, provided that any such deed or other conveyance shall be in a form approved by the Attorney General and that any funds received by the Board in consideration for granting any such easement shall be paid into the general fund of the state treasury.

History. 1952, c. 74, § 23-9.1; 1958, c. 47; 1986, c. 536; 2016, c. 588.

The number of this section was assigned by the Virginia Code Commission, the number in the 2016 act having been § 22.1-20.2.

Editor’s note.

Section 23-9.1 is recodified as § 22.1-20.2, effective October 1, 2016, by Acts 2016, c. 588. The section was renumbered as this section at the direction of the Virginia Code Commission. For full transition provisions related to the recodification of Title 23, see Editor’s notes under § 23.1-100 .

§ 22.1-20.4. Alternative assessments for students who are English language learners.

The Board of Education shall consider assessments aligned to the Standards of Learning that are structured and formatted in a way that measures the content knowledge of students who are English language learners and that may be administered to such students as Board of Education-approved alternatives to Standards of Learning end-of-course English reading assessments.

History. 2016, cc. 58, 516.

Editor’s note.

Acts 2016, cc. 58 and 516 were codified as this section at the direction of the Virginia Code Commission.

Chapter 3. Superintendent of Public Instruction.

§ 22.1-21. Appointment and qualification.

The Superintendent of Public Instruction shall be appointed by the Governor, after consultation with the Board of Education among others, subject to confirmation by the General Assembly, for a term coincident with that of the Governor making the appointment. Any vacancy shall be filled in the same manner. The Superintendent of Public Instruction shall be an experienced educator.

History. Code 1950, § 22-22; 1977, c. 542; 1980, c. 559.

Cross references.

For constitutional provision, see Va. Const., Art. VIII, § 6.

As to the power of the Governor to appoint the administrative heads of agencies, see § 2.2-106 .

§ 22.1-22. Oath of office.

Before entering upon the duties of his office, the Superintendent of Public Instruction shall take and subscribe the oath prescribed for an officer of this Commonwealth as provided in Chapter 1 (§ 49-1 et seq.) of Title 49.

History. Code 1950, § 22-24; 1980, c. 559.

§ 22.1-23. Duties in general.

The Superintendent of Public Instruction shall:

  1. Serve as secretary of the Board of Education;
  2. Provide such assistance in his office as shall be necessary for the proper and uniform enforcement of the provisions of the school laws in cooperation with the local school authorities;
  3. Prepare and furnish such forms for attendance officers, teachers and other school officials as are required by law;
  4. (Expires July 1, 2025)  At least annually, survey all local school divisions to identify critical shortages of (i) teachers and administrative personnel by geographic area, by school division, or by subject matter and (ii) school bus drivers by geographic area and local school division and report such critical shortages to each local school division and to the Virginia Retirement System;
  5. Develop and provide to local school divisions a model exit questionnaire for teachers;
  6. Along with the State Health Commissioner, work to combat childhood obesity and other chronic health conditions that affect school-age children;
  7. Designate an employee of the Department of Education to serve as its liaison to the State Council of Higher Education for Virginia and the State Board for Community Colleges; and
  8. Perform such other duties as the Board of Education may prescribe.

History. Code 1950, §§ 22-25, 22-26, 22-28; 1980, c. 559; 2001, cc. 689, 700; 2007, cc. 43, 55; 2015, c. 140; 2016, c. 594; 2020, cc. 379, 437.

Cross references.

For constitutional authority of General Assembly to prescribe powers and duties, see Va. Const., Art. VIII, § 6.

Editor’s note.

Acts 2001, cc. 689 and 700, cl. 5, as amended by Acts 2003, c. 211, Acts 2005, c. 609, Acts 2009, c. 590, Acts 2015, c. 326, and Acts 2019, c. 765 provides: “That the provisions of this act shall expire on July 1, 2025.” Subdivision 4 has been set out with a July 1, 2025, expiration date.

Acts 2005, cc. 605 and 606, also amended Acts 2001, cc. 689 and 700, cl. 5, providing for a July 1, 2007, expiration date. Subdivision 4 has been set out with a July 1, 2025, expiration date.

The 2001 amendments.

The 2001 amendments by cc. 689 and 700, effective March 26, 2001, are identical, and added subdivision 4, and renumbered former subdivision 4 as subdivision 5. For expiration of this amendment, see Editor’s note.

The 2007 amendments.

The 2007 amendments by cc. 43 and 55 are identical, and added present subdivision 5; redesignated former subdivision 5 as present subdivision 6; and made related changes.

The 2015 amendments.

The 2015 amendment by c. 140 added subdivision 6 and made related changes.

The 2016 amendments.

The 2016 amendment by c. 594 added subdivision 5, and renumbered subsequent subdivisions accordingly.

The 2020 amendments.

The 2020 amendments by cc. 379 and 437 are identical, and in subdivision 4, inserted “and (ii) school bus drivers by geographic area and local school division” and made stylistic changes.

Law Review.

For 2007 annual survey article, “Health Care Law,” see 42 U. Rich. L. Rev. 441 (2007).

§ 22.1-23.1. Model exit questionnaire for teachers.

The Department shall develop and oversee a pilot program to administer across five geographically and demographically diverse school divisions the model exit questionnaire for teachers developed by the Superintendent pursuant to § 22.1-23, analyze the results of each such questionnaire, and include such results and analysis in the Superintendent’s annual report. The Department shall (i) administer such questionnaire to each teacher who ceases to be employed by the relevant school board for any reason and (ii) collect, maintain, and report on the results of each such questionnaire in a manner that ensures the confidentiality of each teacher’s name and other personally identifying information.

History. 2017, cc. 234, 308; 2022, c. 355.

Editor’s note.

Acts 2017, cc. 234 and 308 were codified as this section at the direction of the Virginia Code Commission.

The 2022 amendments.

The 2022 amendment by c. 355 in the first sentence, deleted “of Education (the Department)” following “The Department,” “of Public Instruction (the Superintendent)” following “by the Superintendent,” and “beginning in 2018” at the end.

§ 22.1-23.2. Consolidation of surveys, etc.

The Superintendent of Public Instruction shall identify any survey, questionnaire, inquiry, or other communication that requires a response from a school board or division superintendent as required by this title, Board regulations, the Superintendent, the Department, or other state agencies and shall, in collaboration with any identified requesting entity, work to consolidate, as much as practicable, all such surveys, questionnaires, inquiries, and other communications in order to reduce the administrative burden of such response.

History. 2019, c. 768.

§ 22.1-23.3. Treatment of transgender students; policies.

  1. The Department of Education shall develop and make available to each school board model policies concerning the treatment of transgender students in public elementary and secondary schools that address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to:
    1. Compliance with applicable nondiscrimination laws;
    2. Maintenance of a safe and supportive learning environment free from discrimination and harassment for all students;
    3. Prevention of and response to bullying and harassment;
    4. Maintenance of student records;
    5. Identification of students;
    6. Protection of student privacy and the confidentiality of sensitive information;
    7. Enforcement of sex-based dress codes; and
    8. Student participation in sex-specific school activities and events and use of school facilities. Activities and events do not include athletics.
  2. Each school board shall adopt policies that are consistent with but may be more comprehensive than the model policies developed by the Department of Education pursuant to subsection A.

History. 2020, cc. 153, 154.

Editor’s note.

Acts 2020, cc. 153 and 154, cl. 2 provides: “That the Department of Education shall develop and make available to each school board model policies pursuant to subsection A of § 22.1-23.3 of the Code of Virginia, as created by this act, no later than December 31, 2020.”

Acts 2020, cc. 153 and 154, cl. 3 provides: “That each school board shall adopt policies pursuant to subsection B of § 22.1-23.3 of the Code of Virginia, as created by this act, no later than the beginning of the 2021-2022 school year.”

CIRCUIT COURT OPINIONS

Guidance document. —

Model policies were a guidance document because they were developed by the Virginia Department of Education to provide information and guidance of general applicability to the various local school boards to interpret or implement the statute. Christian Action Network v. Qarni, 108 Va. Cir. 313, 2021 Va. Cir. LEXIS 164 (Lynchburg July 27, 2021).

§ 22.1-24. Administration of “National School Lunch Act.”

The Superintendent of Public Instruction is hereby designated as the “State Educational Agency” for the disbursement of funds received by the Commonwealth of Virginia under the provisions of Public Law 396, 79th Congress, known as the “National School Lunch Act” and any successor act or amendment thereto; and as such is authorized, empowered and directed to exercise the powers and perform the duties conferred and imposed by such act of Congress.

History. Code 1950, § 22-27; 1980, c. 559.

§ 22.1-24.1. (Effective until July 2, 2024) Internet Safety Advisory Council.

  1. The Superintendent shall establish and appoint members to the Internet Safety Advisory Council (the Council) for the purpose of advancing the goal of safe use of media and technology by students and teachers in public elementary and secondary schools in the Commonwealth.
  2. The membership of the Council shall include at least one (i) teacher; (ii) librarian; (iii) representative of a parent-teacher organization who is a parent of a school-age child; (iv) school administrator; (v) student; and (vi) individual with expertise in Internet safety and such other individuals as the Superintendent deems appropriate, provided that the membership of the Council shall not exceed 12.
  3. The Council shall:
    1. Develop and recommend to the Board for adoption, after study and consideration of a variety of sources and perspectives, a model policy for local school boards in the Commonwealth that would enable such school boards to better support the Internet safety of all students and teachers in the local school division;
    2. Develop and recommend to the Board for adoption model instructional practices for the safe use of media and technology by students and teachers in public elementary and secondary schools in the Commonwealth; and
    3. Design and post on the Department’s website a page with links to successful instructional practices, curricula, and other teacher resources used in school divisions within and outside of the Commonwealth for the safe use of media and technology by students and teachers.

History. 2022, c. 776.

Editor’s note.

Act 2022, c. 776, cl. 2 provides: “That the provisions of this act shall expire on July 1, 2024.”

Act 2022, c. 776, cl. 3 provides: “That the Internet Safety Advisory Council established by this act shall submit a report of its findings to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than October 31, 2023.”

Chapter 4. School Divisions, Joint Schools and Contracts Between School Divisions.

§ 22.1-25. How school divisions made.

  1. The Board of Education shall divide the Commonwealth into school divisions of such geographical area and school-age population as will promote the realization of the standards of quality required by of Article VIII, Section 2 of the Constitution of Virginia, subject to the following conditions:
    1. The school divisions as they exist on July 1, 1978, shall be and remain the school divisions of the Commonwealth until further action of the Board of Education taken in accordance with the provisions of this section except that when a town becomes an independent city, the town shall also become a school division.
    2. No school division shall be divided or consolidated without the consent of the school board thereof and the governing body of the county or city affected or, if a town comprises the school division, of the town council.
    3. No change shall be made in the composition of any school division if such change conflicts with any joint resolution expressing the sense of the General Assembly with respect thereto adopted at the session next following January 1 of the year in which the composition of such school division is to be changed.
  2. Notice of any change in the composition of a school division proposed by the Board of Education shall be given by the Superintendent of Public Instruction, on or before January 1 of the year in which the composition of such school division is to be changed, to the clerks of the school board and of the governing body involved and to each member of the General Assembly.
  3. Subject to the conditions set forth in subsection A, the Board of Education shall consider the following criteria in determining appropriate school divisions:
    1. The school-age population of the school division proposed to be divided or consolidated.
    2. The potential of the proposed school division to facilitate the offering of a comprehensive program for kindergarten through grade 12 at the level of the established standards of quality.
    3. The potential of the proposed school division to promote efficiency in the use of school facilities and school personnel and economy in operation.
    4. Anticipated increase or decrease in the number of children of school age in the proposed school division.
    5. Geographical area and topographical features as they relate to existing or available transportation facilities designed to render reasonable access by pupils to existing or contemplated school facilities.
    6. The ability of each existing school division to meet the standards of quality with its own resources and facilities or in cooperation with another school division or divisions if arrangements for such cooperation have been made.
  4. Consistent with the authority of the Board pursuant to Article VIII, Section 5 of the Constitution of Virginia to designate school divisions in the Commonwealth of such geographic size and school-age population as will best promote the realization of the standards of quality, local school boards may submit proposals for the consolidation of school divisions to the Board of Education. Prior to the submission of a consolidation proposal, the submitting school board shall give notice to the public and shall conduct one or more public hearings.School divisions submitting proposals for consolidation shall include such information and data as may be necessary to support their proposal, including (i) the criteria set forth in subsection C; (ii) evidence of the cost savings to be realized by such consolidation; (iii) a plan for the transfer of title to school board property to the resulting combined school board governing the consolidated division; (iv) procedures and a schedule for the proposed consolidation, including completion of current division superintendent and school board member terms; (v) a plan for proportional school board representation of the localities comprising the new school division, including details regarding the appointment or election processes currently ensuring such representation and other information as may be necessary to evidence compliance with federal and state laws governing voting rights; and (vi) evidence of local support for the proposed consolidation.For five years following completion of such consolidation, the computation of the state and local share for an educational program meeting the standards of quality for school divisions resulting from consolidations approved pursuant to this subsection shall be the lower composite index of local ability-to-pay of the applicant school divisions, as provided in the appropriation act.

History. Code 1950, § 22-30.1; 1978, c. 456; 1980, c. 559; 2004, c. 917; 2013, cc. 644, 805; 2015, c. 369.

Editor’s note.

Acts 2013, c. 805, cl. 3 provides: “That the initial transfer of supervision of schools to the Institution shall occur after the 2013-2014 school year.”

Acts 2013, c. 805, cl. 4 provides: “That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriation act passed by the 2013 Session of the General Assembly, which becomes law.” The appropriation was made.

Acts 2020, c. 1289, Item 145 A 4 c.1), as amended by Acts 2021, Sp. Sess. I, c. 552, effective for the biennium ending June 30, 2022, provides: “Notwithstanding the funding provisions in § 22.1-25 D, Code of Virginia, additional state funding for future consolidations shall be as set forth in future Appropriation Acts.”

Acts 2021, Sp. Sess. I, cc. 79 and 80, cl. 3 provides: “That nothing in this act shall be construed to impair any contract entered into between the governing bodies or school boards of Alleghany County and the City of Covington prior to the consolidation of the Alleghany County and City of Covington school divisions.”

The 2004 amendments.

The 2004 amendment by c. 917 substituted “12” for “twelve” in subdivision C 2 and added subsection D.

The 2013 amendments.

The 2013 amendment by c. 644, in subsection D, rewrote the first paragraph, which read: “Consistent with its authority pursuant to Article VIII, Section 5 of the Constitution of Virginia to designate school divisions in the Commonwealth of such geographic size and school-age population as will best promote the realization of the standards of quality, the Board shall promulgate regulations consistent with the provisions of this section that provide for a process whereby school divisions may submit proposals for the consolidation of school divisions. Such regulations shall provide for, among other things, a public notice and hearing process to be conducted by the applicant school divisions,” and substituted “necessary to support their proposal” for “required by the Board” in the introductory language of the second paragraph.

The 2013 amendment by c. 805 added subdivision A 4. For applicability provision, see Editor’s note.

The 2015 amendments.

The 2015 amendment by c. 369 deleted subdivision A 4, which read: “There shall be a statewide school division called the Opportunity Educational Institution to carry out the purposes set forth in Chapter 4.1 (§ 22.1-27.1 et seq.).”

Law Review.

For note, “Shuffling the Deck: Redistricting to Promote a Quality Education in Virginia,” Va. L. Rev. 773 (2003).

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 5.

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

New district may not be created which would impede process of school desegregation. —

A new school district may not be created where its effect would be to impede the process of dismantling a racially dual system. Wright v. Council of Emporia, 407 U.S. 451, 92 S. Ct. 2196, 33 L. Ed. 2d 51, 1972 U.S. LEXIS 31 (1972).

Where the effect of a new second-class city’s proposal was to erect new boundary lines for the purpose of school attendance in a district where no such lines had previously existed, and where a racially dual school system had long flourished, the proposal would be judged according to whether it hindered or furthered the process of school desegregation. If the proposal would impede the dismantling of the dual system, then a federal district court, in the exercise of its remedial discretion, could enjoin it from being carried out. Wright v. Council of Emporia, 407 U.S. 451, 92 S. Ct. 2196, 33 L. Ed. 2d 51, 1972 U.S. LEXIS 31 (1972).

State Board, acting alone, could not consolidate school systems of Richmond, Henrico and Chesterfield. —

Neither under the old Constitution and statutes in effect prior to July 1, 1971, nor under the new Constitution and statutes in effect after that date, could the State Board of Education, acting alone, have effected the consolidation of the school systems of Richmond, Henrico and Chesterfield into a single system under the control of a single school board. Bradley v. School Bd., 462 F.2d 1058, 1972 U.S. App. LEXIS 9202 (4th Cir. 1972), aff'd, 412 U.S. 92, 93 S. Ct. 1952, 36 L. Ed. 2d 771, 1973 U.S. LEXIS 68 (1973).

CIRCUIT COURT OPINIONS

Constitutionality of legislation. —

Virginia Constitution was violated because the statutes at issue purported to establish a statewide school division that was not supervised by a school board, purported to divest local school boards of authority to supervise public schools within their respective school divisions, and purported to require local school boards to relinquish control of school property to the Opportunity Educational Institution and purported to prohibit school boards from selling real property without Opportunity Educational Institution’s permission. Sch. Bd. v. Opportunity Educ. Inst., 88 Va. Cir. 317, 2014 Va. Cir. LEXIS 53 (Norfolk June 10, 2014).

OPINIONS OF THE ATTORNEY GENERAL

Special school tax. —

County Board of Supervisors may levy the special school tax as “special county tax,” not a “special district tax” where there are no districts. See opinion of Attorney General to Michelle R. Robl, County Attorney, Prince William County, 20-029, 2021 Va. AG LEXIS 19 (5/14/21).

§ 22.1-26. Joint and regional schools; regional public charter schools.

  1. Two or more school boards may, with the consent of the State Board, establish joint or regional schools, including regional public charter schools as defined in § 22.1-212.5, comprehensive schools offering all-day academic programs and career and technical education, and regional residential charter schools for at-risk pupils, for the use of their respective school divisions and may jointly purchase, take, hold, lease, convey and condemn both real and personal property for such joint, regional, or regional public charter schools. The school boards, acting jointly, shall have the same power of condemnation as other school boards except that land so condemned shall not be in excess of 30 acres for the use of any one joint or regional school. The title to all property acquired for such purposes shall vest jointly in the school boards in such respective proportions as the school boards may determine, and the schools shall be managed and controlled by the school boards jointly, in accordance with such regulations as are promulgated by the State Board. With the approval of the participating school boards and the respective local governing bodies, title to property acquired for a joint school shall be vested in the governing body of such school. The school boards operating a regional public charter school shall determine the school division to which any regional public charter school is assigned for the purposes of any restrictions on the number of public charter schools imposed by § 22.1-212.11.
  2. Effective July 1, 2008, joint, regional, or regional charter schools in operation prior to the promulgation of new regulations may request a waiver of the new regulation requirements. This waiver request shall be submitted to the Board of Education on a form and in a manner prescribed by the Board. If the Board of Education grants the waiver request, the approved school shall continue to operate under the previous regulations.
  3. Consistent with the provisions of this section, two or more school boards may, with the consent of the State Board, establish joint or regional schools, including regional public charter schools, to serve as high schools offering (i) in addition to a comprehensive high school curriculum, specialized training to students desiring to pursue careers in law enforcement, fire fighting, emergency and rescue services, and other occupations addressing public safety and welfare; or (ii) a specialized curriculum leading to a high school diploma and a postsecondary credential, such as industry certification, career certificate, or degree; or (iii) both.Such schools described in clause (i) may be designed to incorporate the instructional services of retired or disabled emergency, fire, rescue, and law-enforcement personnel and internships with local agencies and organizations providing such emergency, fire, rescue, and law-enforcement services.The relevant school boards operating schools described in clause (ii) may, by agreement, establish alternative schedules for the delivery of instruction that may include alternatives to standard school day and year requirements, subject to the issuance of any necessary waivers by the Board of Education pursuant to § 22.1-79.1 and relevant Board regulations. Such school boards may contract with an accredited institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education, as the case may be, pursuant to Chapter 16 (§ 22.1-319 et seq.) of this title or Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1, to deliver such instruction, which may include specialized instruction and training for students who are eligible to enroll in public high schools, consistent with §§ 22.1-3, 22.1-5, and 22.1-213.
  4. Joint or regional schools, such as academic year Governor’s Schools, may set the school calendar so that the first day students are required to attend school shall comport with the calendar of any of the participating school divisions, including those granted a waiver, as prescribed in § 22.1-79.1. Such calendar must be approved by the governing board of the joint or regional school.

History. Code 1950, § 22-7; 1954, c. 638; 1980, c. 559; 1999, c. 449; 2000, cc. 631, 712, 1028; 2002, c. 366; 2003, c. 165; 2004, c. 256; 2007, c. 45; 2008, c. 49.

Cross references.

For statute providing how funds of joint schools shall be handled, see § 22.1-118.

Editor’s note.

At the direction of the Virginia Code Commission, “Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1” was substituted for “Chapter 21.1 (§ 3-276.1 et seq.) of Title 23” in subsection C to conform to the recodification of Title 23 by Acts 2016, c. 588, effective October 1, 2016.

Acts 2020, c. 1042, cl. 1 provides: “The Chesterfield County School Board may, notwithstanding the provisions of § 22.1-26 of the Code of Virginia or any other provision of law to the contrary, establish a recovery high school in the school division as a year-round high school (i) for which enrollment is open to any high school student who resides in Superintendent’s Region 1 and is in the early stages of recovery from substance use disorder or dependency and (ii) for the purpose of providing such students with the academic, emotional, and social support necessary to make progress toward earning a high school diploma and reintegrating into a traditional high school setting.”

The 1999 amendment, inserted “or regional” throughout, inserted “including regional charter schools” preceding “for the use” and added the last sentence.

The 2000 amendments.

The 2000 amendments by cc. 631 and 1028 are virtually identical, and, throughout the section, substituted “regional public charter schools” for “regional schools” and substituted “regional public charter schools” for “regional charter schools”; in the first sentence, inserted “as defined in § 22.1-212.5” and inserted “regional”; inserted “regional” in the next-to-last sentence, and inserted “public” in the last sentence.

The 2000 amendment by c. 712 inserted “and regional residential charter schools for at-risk pupils” in the first sentence.

The 2002 amendments.

The 2002 amendment by c. 366 inserted “comprehensive schools offering all-day academic programs and career and technical education” following “§ 22.1-212.5” in the first sentence.

The 2003 amendments.

The 2003 amendment by c. 165 inserted the subsection A designation; substituted “30” for “thirty” in the second sentence of subsection A; and added subsection B.

The 2004 amendments.

The 2004 amendment by c. 256, in subsection B, inserted the clause (i) designation and added clauses (ii) and (iii) in the first paragraph, inserted “described in clause (i)” in the second paragraph, added the last paragraph, and made minor stylistic changes.

The 2007 amendments.

The 2007 amendment by c. 45, effective February 19, 2007, added the present fourth sentence to subsection A.

The 2008 amendments.

The 2008 amendment by c. 49, effective February 29, 2008, deleted the former fifth sentence of subsection A, added present subsections B and D, and redesignated former subsection B as subsection C.

Law Review.

For 2000 survey of Virginia law regarding children, see 34 U. Rich. L. Rev. 939 (2000).

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 5.

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

Any funds available for school purposes may be appropriated to build joint schoolhouses, from whatever source they may be derived, whether under a special act, or under any general acts providing methods for raising funds for district school purposes. But this is only true if the special act does not specifically provide how the funds derived from the bond issue under the act should be appropriated. Where the special act is full and complete in itself and specific as to the appropriation of the funds derived from it, the act cannot be pursued for the purpose of raising funds and when they are raised then abandoned and a provision of the general law applied as to the allocation of the funds, when there is a conflict between the general law and the special act upon the question of allocation. Powers v. County School Bd., 148 Va. 661 , 139 S.E. 262 , 1927 Va. LEXIS 265 (1927).

State Board, acting alone, could not consolidate school systems of Richmond, Henrico and Chesterfield. —

Neither under the old Constitution and statutes in effect prior to July 1, 1971, nor under the new Constitution and statutes in effect after that date, could the State Board of Education, acting alone, have effected the consolidation of the school systems of Richmond, Henrico and Chesterfield into a single system under the control of a single school board. Bradley v. School Bd., 462 F.2d 1058, 1972 U.S. App. LEXIS 9202 (4th Cir. 1972), aff'd, 412 U.S. 92, 93 S. Ct. 1952, 36 L. Ed. 2d 771, 1973 U.S. LEXIS 68 (1973).

OPINIONS OF THE ATTORNEY GENERAL

Disposition of surplus funds. —

There are no legal requirements concerning disposition of surplus funds by joint or regional schools organized pursuant to § 22.1-26. The governing board of each such school may adopt bylaws or rules of operation concerning such disposition, so long as the bylaws or rules are not inconsistent with applicable statutes or regulations. See opinion of Attorney General to Walter C. Erwin, III, Esquire, Lynchburg City Attorney, No. 15-004, 2015 Va. AG LEXIS 24 (9/4/15).

§ 22.1-26.1. Agreements for satellite classrooms.

  1. School boards may enter into agreements with private business and industry for the establishment, installation, renovation, remodeling, or construction of satellite classrooms for grades kindergarten through three on a site owned by the business or industry and leased to the school board at no cost.The local school board may adopt procedures for the enrollment of children of employees of the private industry who reside outside the attendance zone for such classrooms. Such procedures shall be designed to ensure compliance with all federal and state laws and regulations and constitutional provisions prohibiting discrimination that are applicable to public schools and with any court-ordered desegregation plan in effect for the school division.Agreements for such satellite classrooms shall include, among other things:
    1. A detailed description of the satellite site, the site development necessary for new construction, remodeling, or renovation for the accomplishment of the project, and any facility to be constructed.
    2. A plan for the reimbursement of the school division by the private industry or business upon premature termination of any such lease agreement.
    3. An enrollment plan, including grade levels to be served.
    4. A description of any waivers to be requested from the Board of Education for the operation of such satellite classrooms.
  2. The relevant governing body may, by ordinance duly adopted, exempt in whole or in part from any and all taxes authorized pursuant to Chapter 37 (§ 58.1-3700 et seq.) of Title 58.1, private businesses and industries entering into agreements pursuant to this section.

History. 2002, c. 717.

§ 22.1-26.2. Academic year Governor’s Schools; certain practices prohibited and required.

  1. No academic year Governor’s School or governing board member, director, administrator, or employee thereof shall discriminate against any individual or group on the basis of race, sex, color, ethnicity, or national origin in the process of admitting students to such school.
  2. Each local school board that jointly manages and controls a regional academic year Governor’s school pursuant to § 22.1-26 shall collaborate to ensure that each public middle school that is eligible to send students to attend such Governor’s school offers coursework, curriculum, and instruction that is comparable in content and in rigor in order to provide each student in each such middle school with the opportunity to gain admission to and excel academically at such Governor’s school.

History. 2022, c. 485.

§ 22.1-27. Contracts to furnish facilities and services.

  1. A school board may enter into a contract with the school board of an adjacent school division for furnishing public school facilities and for school services.
  2. Any contract for services may stipulate that the school division which is receiving services may have a representative on the school board of the school division which is providing services with the approval of the governing bodies of each political subdivision involved.  For the term of the contract, any such representative shall have all the rights, duties and responsibilities of the members of the school board of the division providing services, including compensation as set forth by law, but he shall not participate in or vote on any matter involving the continuation of such school services or the interpretation or construction of the provisions of or amendment to or continuation of the contract.
  3. Any such representative shall be appointed in the same manner as the members of the school board of the school division which is receiving services and may be a member of such school board.  The representative shall serve a term of four years beginning the first day of July following his appointment. However, if the contract goes into effect on a date other than July 1, the term of the initial representative shall commence on the effective date of the contract and shall expire on the fourth June 30 following his appointment.

History. 1980, c. 559; 1989, c. 197.

Chapter 4.1. Opportunity Educational Institution.

§§ 22.1-27.1 through 22.1-27.6.

Repealed by Acts 2015, c. 369, cl. 2.

Editor’s note.

Former §§ 22.1-27.1 through 22.1-27.6, which established the Opportunity Educational Institution, derived from 2013, c. 805.

Chapter 5. School Boards; Selection, Qualification and Salaries of Members.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, §§ 1, 7, 8.

Article 1. General Provisions.

§ 22.1-28. Supervision of schools in each division vested in school board.

The supervision of schools in each school division shall be vested in a school board selected as provided in this chapter or as otherwise provided by law.

History. 1980, c. 559.

Cross references.

For constitutional provision, see Va. Const., Art. VIII, § 7. As to membership in the Virginia Retirement System, generally, see Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1.

CASE NOTES

The power to operate, maintain and supervise public schools in Virginia is, and has always been, within the exclusive jurisdiction of the local school boards and not within the jurisdiction of the State Board of Education. Bradley v. School Bd., 462 F.2d 1058, 1972 U.S. App. LEXIS 9202 (4th Cir. 1972), aff'd, 412 U.S. 92, 93 S. Ct. 1952, 36 L. Ed. 2d 771, 1973 U.S. LEXIS 68 (1973) (decided under prior law).

School board vested with supervision of schools. —

Both the Constitution of Virginia and the corresponding statute mandate that the supervision of schools in each school division shall be vested in a school board. Bristol Va. School Bd. v. Quarles, 235 Va. 108 , 366 S.E.2d 82, 4 Va. Law Rep. 2039, 1988 Va. LEXIS 22 (1988).

Governmental immunity. —

School boards partake of the sovereignty of the State with regard to immunity from tort liability. Kellam v. School Bd., 202 Va. 252 , 117 S.E.2d 96, 1960 Va. LEXIS 214 (1960) (decided under prior law).

Liability of local school boards under 42 U.S.C. § 1983. —

Local governing bodies, including school boards and municipal officials in their official capacities, can be sued directly under 42 U.S.C. § 1983 for monetary, declaratory, or injunctive relief when alleged unconstitutional action executes governmental policy or custom. Local school boards in Virginia are charged with being the local governing bodies of the school divisions, and retain sole final decision-making authority. Flickinger v. School Bd., 799 F. Supp. 586, 1992 U.S. Dist. LEXIS 11704 (E.D. Va. 1992).

CIRCUIT COURT OPINIONS

Redistricting plans. —

Parents of elementary school students who sued the school board were unsuccessful in their attempt to annul its adoption of new school attendance zones, as they failed to meet their burden under § 22.1-87 to prove the board’s redistricting decision affecting their children was arbitrary, capricious, or done in bad faith. Hunn v. Loudoun County Sch. Bd., 98 Va. Cir. 418, 2012 Va. Cir. LEXIS 63 (Loudoun County Aug. 20, 2012).

Governmental immunity. —

County public school’s plea in bar of sovereign immunity was granted because a contractor’s unjust enrichment and quantum meruit causes of action were barred by the doctrine of sovereign immunity. Akian, Inc. v. Spotsylvania Cty. Pub. Schs, 100 Va. Cir. 80, 2018 Va. Cir. LEXIS 329 (Spotsylvania County Sept. 21, 2018).

Sovereign immunity protection provided to a school board, as an agency or arm of the Commonwealth, for tort claims encompasses quasi-contract claims as well, and neither the common law obligation of the Commonwealth to abide by its contracts nor the statute subjects the Commonwealth to quasi-contract claims of unjust enrichment and quantum meruit; these causes of action are not subject to the theories and remedies of contract law nor are they “immixed” with contract or “arise therefrom.” Akian, Inc. v. Spotsylvania Cty. Pub. Schs, 100 Va. Cir. 80, 2018 Va. Cir. LEXIS 329 (Spotsylvania County Sept. 21, 2018).

OPINIONS OF THE ATTORNEY GENERAL

Governmental immunity. —

School board that employs janitors is pursuing a governmental function for purposes of immunity from tort liability. See opinion of Attorney General to The Honorable David Englin, Member, House of Delegates, 07-095, 2008 Va. AG LEXIS 5 (2/28/08).

County school board is solely responsibility for school consolidation. —

A school board is solely responsible for the decision whether and how to consolidate schools, and a county board of supervisors may not instruct the school board to consolidate schools or how to consolidate schools, but may make a recommendation. See opinion of Attorney General to The Honorable Terry C. Kilgore, Member, House of Delegates, 10-118, (12/08/10).

Modification of decisions regarding consolidation. —

When circumstances change, a school board may revisit any decision regarding consolidation of schools. See opinion of Attorney General to The Honorable Dan C. Bowling, Member, House of Delegates 08-034, 2008 Va. AG LEXIS 18 (7/10/08).

Outsourcing of administrative functions by school board. —

Outsourcing of certain functions by a school board is permissible so long as school boards and localities comply with statutory and constitutional restrictions. See opinion of Attorney General to The Honorable T. Scott Garrett, M.D., Member, House of Delegates, 10-122, 2011 Va. AG LEXIS 3 (01/21/11).

Consolidation of school board and county administrative functions. —

A school board can consolidate certain functions with a locality, but in doing so the school board may not abrogate its duties or compromise its independence with respect to its core responsibilities. See opinion of Attorney General to The Honorable T. Scott Garrett, M.D., Member, House of Delegates, 10-122, 2011 Va. AG LEXIS 3 (01/21/11).

School safety. —

Virginia law authorizes school resource officers and certain school security officers to possess firearms on public school grounds as school safety personnel, but such authority is not extended to teachers and administrators. See opinion of Attorney General to Ms. Shannon Dion, Director, Virginia Department of Criminal Justice Services, 18-042, (8/28/2018).

Selection of textbooks. —

A local school board may select and use textbooks that are not approved by the Board of Education, provided it complies with the Board’s regulations governing such selection. Further, a local school board must give “official approval” of criteria to be used for review and assessment of textbooks at the local level. See opinion of Attorney General to The Honorable Robert G. Marshall, Member, House of Delegates, 09-022, 2009 Va. AG LEXIS 32 (7/27/09).

School board has the authority to remove books from a public school library

for reasons such as pervasive vulgarity, educational unsuitability, or age inappropriateness based on its good faith educational judgment; such decisions regarding any particular materials, however, would require the school board to make a factual determination. See opinion of Attorney General to The Honorable Frank S. Hargrove, Sr., Member, House of Delegates, 02-097 (4/22/03).

Establishment of payroll dates. —

The authority to establish payroll dates for school division employees rests with the school board, including the establishment of regular payroll periods, but the mechanics of making the payments to schools rest with the treasurer of the locality. See opinion of Attorney General to The Honorable G. Glenn Oder and The Honorable Marty G. Eubank, Treasurer, City of Newport News, 11-003, 2011 Va. AG LEXIS 14 (2/25/11).

Discrimination. —

Because the power to protect students and employees from discrimination in the public school system is a power fairly implied from the express grant of authority to school boards under Article VIII, § 7 of the Constitution of Virginia and from the specific authority granted to boards by the General Assembly in §§ 22.1-28, 22.1-78 and 22.1-253.13:7, the Dillon Rule does not prevent school boards from amending their antidiscrimination policies to prohibit discrimination on the basis of sexual orientation and gender identity. See opinion of Attorney General to The Honorable Adam P. Ebbin, Member, Senate of Virginia, No. 14-080, 2015 Va. AG LEXIS 9 (3/4/15).

§ 22.1-29. Qualifications of members.

Each person appointed or elected to a school board shall, at the time of his appointment or election, be a qualified voter and a bona fide resident of the district from which he is selected if appointment or election is by district or of the school division if appointment or election is at large; and if he shall cease to be a resident of such district or school division, his position on the school board shall be deemed vacant. Notwithstanding any other provision of law, general or special, in a locality that imposes district-based or ward-based residency requirements for members of the school board, the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the locality at large.

History. Code 1950, §§ 22-68, 22-90; 1959, Ex. Sess., c. 78; 1969, Ex. Sess., c. 25; 1980, c. 559; 1997, c. 727; 2021, Sp. Sess. I, c. 225.

Editor’s note.

Acts 2021, Sp. Sess. I, c. 225, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2022.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 225, effective January 1, 2022, added the second sentence.

OPINIONS OF THE ATTORNEY GENERAL

County planning commission member. —

Under the plain language of subsection A of § 22.1-30, a planning commission member is not precluded from being elected to, and serving on, a school board. See opinion of Attorney General to The Honorable Matthew J. Britton, Commonwealth’s Attorney, 11-071, 2011 Va. AG LEXIS 53 (7/8/11).

Member of town council may serve on county school board, subject to certain restrictions. —

A town councilman may concurrently serve on the county school board, provided all other eligibility requirements are met. See opinion of Attorney General to Mr. William A. Bell, Jr., Secretary, Isle of Wight County Electoral Board, 11-070, 2011 Va. AG LEXIS 41 (9/30/11).

Members of town councils generally are precluded from serving on appointed school boards by § 22.1-30, but § 22.1-30 applies only to appointed school boards; however, members of both town councils and school boards are subject to restrictions imposed by the State and Local Government Conflict of Interests Act. See opinion of Attorney General to Mr. William A. Bell, Jr., Secretary, Isle of Wight County Electoral Board, 11-070, 2011 Va. AG LEXIS 41 (9/30/11).

Eligibility of candidates. —

In determining the eligibility of individuals who seek to stand for election to local office, the locality’s Electoral Board is required to determine, as a factual matter, whether a candidate for school board meets the statutory qualifications for office, at the time of the election. See opinion of Attorney General to Ms. Cherlyn Starlet Stevens, Chair, City of Richmond Electoral Board, 16-043, 2016 Va. AG LEXIS 21 (8/26/16).

Prohibited transactions. —

School board member who wants to participate in a transaction involving salaries of school employees where the member’s spouse is school employee may not participate in a transaction under subdivision B 3 of § 2.2-3112 on the basis that it “affects the public generally”; however the school board member may participate in the transaction under subdivision B 1 of § 2.2-3112 as a “member of . . . a group of three or more persons [who are] affected by the transaction,” provided he or she makes the required declaration of personal interest pursuant to subsection H of § 2.2-3115 . See opinion of Attorney General to The Honorable David A. Reid, Member, Virginia House of Delegates, 19-063, 2020 Va. AG LEXIS 30 (9/18/20).

§ 22.1-29.1. Public hearing before appointment of school board members.

At least seven days prior to the appointment of any school board member pursuant to the provisions of this chapter, of §§ 15.2-410 , 15.2-531 , 15.2-627 or § 15.2-837 , or of any municipal charter, the appointing authority shall hold one or more public hearings to receive the views of citizens within the school division. The appointing authority shall cause public notice to be given at least ten days prior to any hearing by publication in a newspaper having a general circulation within the school division. No nominee or applicant whose name has not been considered at a public hearing shall be appointed as a school board member.

History. 1985, c. 423; 1987, c. 430.

CASE NOTES

Virginia’s statutory scheme for appointing local school boards does not violate the First Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards. Such an effect is by no means inevitable and the statutes do not facially place a unique burden on African-Americans. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the Thirteenth Amendment, even though the system appears to limit African-American participation. The Fifteenth Amendment, the Voting Rights Act and the equal protection clause of the Fourteenth Amendment address the issue directly and can provide adequate protection. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the due process clause of the Fourteenth Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards, where no law has been violated by the act of appointing school boards, no preexisting right to vote has been contravened, and no infringement of a fundamental right has been identified. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

§ 22.1-30. Certain officers may not act on school board or serve as tie breaker.

  1. No state, county, city or town officer, no deputy of any such officer, no member of the governing body of a county, city or town, no employee of a school board, and no father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, sister-in-law or brother-in-law of a member of the county governing body may, during his term of office, be appointed as a member of the school board for such county, city or town or as tie breaker for such school board except:
    1. Local directors of social services;
    2. Commissioners in chancery;
    3. Commissioners of accounts;
    4. Registrars of vital records and health statistics;
    5. Notaries public;
    6. Clerks and employees of the federal government in the District of Columbia;
    7. Medical examiners;
    8. Officers and employees of the District of Columbia;
    9. In Northumberland County, oyster inspectors;
    10. In Lunenburg County, members of the county library board and members of the local board of social services;
    11. Auxiliary deputy sheriffs and auxiliary police officers receiving less than five dollars in annual compensation;
    12. Members of the town councils serving towns within Craig, Giles and Wise Counties; and
    13. Public defenders.
  2. Nothing in this section shall be construed to prohibit the election of deputies of constitutional officers to school board membership, consistent with federal law and regulation.

History. Code 1950, §§ 22-69, 22-92; 1973, c. 63; 1980, c. 559; 1986, c. 260; 1990, c. 111; 1991, cc. 140, 163; 1993, c. 352; 1994, c. 723; 1995, c. 290; 2002, c. 747.

The 2002 amendments.

The 2002 amendment by c. 747, effective October 1, 2002, substituted a semicolon for a comma at the end of subdivisions A 1 to A 12; substituted “directors of social services” for “superintendents of public welfare” in subdivision A 1; and substituted “local board of social services” for “board of public welfare” in subdivision A 10.

CASE NOTES

Editor’s note.

Some of the cases below were decided under prior law.

History of section. —

See Joy v. Green, 194 Va. 1003 , 76 S.E.2d 178, 1953 Va. LEXIS 169 (1953).

This section does not prescribe the exclusive qualifications for members of local school boards, and does not supersede the provisions of former § 2.1-33 (14) with respect to the qualifications of federal employees to sit on county school boards. These two sections are complementary and should be read together. Joy v. Green, 194 Va. 1003 , 76 S.E.2d 178, 1953 Va. LEXIS 169 (1953).

A public officer who acts for the State at large comes within the definition of “state officer.” Commonwealth v. Barrett, 14 Va. L. Reg. 271 (1908).

And a member of the House of Delegates is a state officer. Commonwealth v. Barrett, 14 Va. L. Reg. 271 (1908).

OPINIONS OF THE ATTORNEY GENERAL

County planning commission member. —

Under the plain language of subsection A of § 22.1-30, a planning commission member is not precluded from being elected to, and serving on, a school board. See opinion of Attorney General to The Honorable Matthew J. Britton, Commonwealth’s Attorney, 11-071, 2011 Va. AG LEXIS 53 (7/8/11).

Member of town council may serve on county school board, subject to certain restrictions. —

A town councilman may concurrently serve on the county school board, provided all other eligibility requirements are met. See opinion of Attorney General to Mr. William A. Bell, Jr., Secretary, Isle of Wight County Electoral Board, 11-070, 2011 Va. AG LEXIS 41 (9/30/11).

Although simultaneous service is not precluded, the potential interaction between the two bodies requires that any person so serving remain alert to any possible contractual and transactional conflicts that may arise. See opinion of Attorney General to Mr. William A. Bell, Jr., Secretary, Isle of Wight County Electoral Board, 11-070, 2011 Va. AG LEXIS 41 (9/30/11).

Members of town councils generally are precluded from serving on appointed school boards by § 22.1-30, but § 22.1-30 applies only to appointed school boards; however, members of both town councils and school boards are subject to restrictions imposed by the State and Local Government Conflict of Interests Act. See opinion of Attorney General to Mr. William A. Bell, Jr., Secretary, Isle of Wight County Electoral Board, 11-070, 2011 Va. AG LEXIS 41 (9/30/11).

Relative of a member of the board of supervisors. —

Section 22.1-30 applies to school board appointments made by a school board selection commission, but it prohibits only an appointment that is made while the relative is serving on the board of supervisors. See opinion of Attorney General to The Honorable Ryan T. McDougle, Member, Senate of Virginia, 14-019, 2014 Va. AG LEXIS 18 (6/26/14).

§ 22.1-31. Oath.

Before entering upon the duties of office, each person appointed to a school board shall take and subscribe the oath prescribed for an officer of this Commonwealth as provided in Chapter 1 (§ 49-1 et seq.) of Title 49.

History. Code 1950, §§ 22-66, 22-91; 1980, c. 559.

CASE NOTES

Failure to take oath within prescribed time. —

When a city school trustee failed to take the oath of office within 30 days after his term of office began, as required by the city charter, the office became vacant upon expiration of the 30-day period; and thereupon the city council became empowered to fill the vacancy. City of Colonial Heights v. Loper, 208 Va. 580 , 159 S.E.2d 843, 1968 Va. LEXIS 151 (1968) (decided under prior law).

§ 22.1-32. Salary of members.

Any elected or appointed school board may pay each of its members an annual salary that is consistent with the salary procedures and no more than the salary limits provided for local governments in Article 1.1 (§ 15.2-1414.1 et seq.) of Chapter 14 of Title 15.2 or as provided by charter, provided that:

  1. Any school board may pay the chairman of the school board an additional salary not exceeding $2,000 per year upon passage of an appropriate resolution by (i) the school board whose membership is elected in whole or in part or (ii) the governing body of the appropriate county, city, or town whose school board is comprised solely of appointed members.
  2. Any school board may pay each of its members mileage for use of a private vehicle in attending meetings of the school board and in conducting other official business of the school board. Its members may be reimbursed for private transportation at a rate not to exceed that which is authorized for persons traveling on state business in accordance with § 2.2-2825 . Whatever rate is paid, however, shall be the same for school board members and employees of the board.
  3. No school board shall be awarded a salary increase unless, upon an affirmative vote by such school board, a specific salary increase is approved. Local school boards shall adopt such increases according to the following procedures:
    1. A local school board representing a county may establish a salary increase prior to July 1 of any year in which members are to be elected or appointed, or, if such school board is elected or appointed for staggered terms, prior to July 1 of any year in which at least two members are to be elected or appointed. Such increase shall become effective on January 1 of the following year.
    2. A local school board representing a city or town may establish a salary increase prior to December 31 in any year preceding a year in which members are to be elected or appointed. Such increase shall become effective on July 1 of the year in which the election or appointment occurs if the election or appointment occurs prior to July 1 and shall be become effective January 1 of the following year if the election or appointment occurs after June 30.
  4. No salary increase may become effective during an incumbent member’s term of office; however, this restriction shall not apply if the school board members are elected or appointed for staggered terms.

History. Code 1950, § 22-67.2; 1950, pp. 465, 490; 1952, c. 170; 1954, cc. 206, 709; 1956, c. 317; 1956, Ex. Sess., cc. 5, 44; 1958, c. 375; 1960, c. 217; 1962, c. 223; 1964, c. 166; 1966, c. 82; 1968, c. 731; 1970, c. 498; 1971, Ex. Sess., c. 93; 1972, c. 623; 1973, c. 153; 1974, cc. 158, 197; 1975, c. 468; 1976, cc. 127, 176; 1977, cc. 389, 512; 1978, c. 488; 1979, c. 237; 1980, c. 559; 1981, c. 482; 1982, c. 488; 1983, c. 562; 1984, c. 483; 1985, c. 493; 1986, cc. 446, 486; 1987, c. 348; 1988, cc. 567, 582; 1989, cc. 464, 504; 1990, cc. 805, 878; 1991, c. 279; 1992, c. 406; 1993, cc. 658, 783; 1994, cc. 847, 900; 1995, c. 487; 1996, cc. 898, 1041; 1997, cc. 233, 366; 1998, cc. 309, 395, 600, 872; 1999, cc. 423, 656, 689; 2000, cc. 721, 738; 2001, cc. 603, 607; 2002, cc. 669, 733, 739; 2003, cc. 175, 713; 2004, cc. 179, 199; 2005, cc. 489, 536; 2006, cc. 126, 840; 2007, c. 53; 2010, c. 723; 2013, c. 278; 2017, c. 323; 2018, cc. 65, 80; 2020, c. 1046; 2021, Sp. Sess. I, cc. 20, 79, 80, 81; 2022, c. 662.

Editor’s note.

Acts 2006, c. 840, cl. 2 provides: “That, notwithstanding the provisions of subdivision F 1 of § 22.1-32, a local school board representing a county having the traditional form of government may establish a salary increase prior to July 1, 2006, if (i) such county school board has seven members who are appointed for staggered terms; (ii) the seven member school board has not received a salary increase for 10 years; (iii) a salary increase is authorized by this act; and (iv) at least one member of such appointed county school board is appointed in 2006. Such increase shall become effective on January 2, 2007.”

Acts 2021, Sp. Sess. I, cc. 79 and 80, cl. 4 provides: “That this act shall become effective on July 1, 2022, provided that the consolidation of the Alleghany County and City of Covington school divisions is approved by the Board of Education prior to that date.” The Board of Education approved the consolidation on January 28, 2021.

Acts 2022, c. 662, cl. 2 provides: “That nothing in this act shall be construed to reduce the maximum salaries for school board members that are in effect prior to the effective date of this act.”

The 1999 amendments.

The amendment by c. 423, effective March 25, 1999, substituted “$3,600.00” for “$1,500.00” following “Warren” in subsection A, substituted “$5,000.00” for “$3,000.00” following “Hampton” in subsection B, and in subsection F 2, substituted “December 31 in any year preceding a year” for “January 1” in the first sentence, and substituted “year in which the election occurs” for “following year” in the second sentence.

The 1999 amendment by c. 656, effective March 28, 1999, in subsection A, substituted “$5,000.00” for “$1,200.00” following “Amelia,” substituted “$12,000.00” for “$8,000.00” following “Arlington,” substituted “$4,000.00” for “$2,400.00” following “Bedford,” substituted “$4,800.00” for “$2,400.00” following “Charlotte,” substituted “$3,600.00” for “$1,800.00” following “Cumberland,” substituted “$2,400.00” for “$1,200.00” following “Middlesex,” substituted “$3,000.00” for “$1,200.00” following “New Kent,” substituted “$3,600.00” for “$1,800.00” following “Prince George,” substituted “3,600.00” for “1,800.00” following “Pulaski,” substituted “$3,600.00” for “$1,500.00” following “Warren”; substituted “$5,000.00” for “$2,400.00” following “Petersburg” in subsection B; in the first sentence of subdivision F 1, substituted “of” for “in,” substituted “December 31,” for “January 1,” inserted “preceding a year” following “in any year,” deleted “following” preceding “year in which,” in subdivision F 2, and inserted “in which the election or appointment occurs” in the second sentence.

The 1999 amendment by c. 689, added the second sentence of subdivision F 1.

The 2000 amendments.

The 2000 amendments by cc. 721 and 738 in subsection A, substituted “$12,000.00” for “$8,000” following “Prince William”; and in subsection B, added “Colonial Heights - $2,400.00” and “Falls Church - $3,000.00.” The amendment by c. 738, in subsection A, substituted “$4,500.00” for “$3,500.00” following “Culpeper”; and in subsection B, added “Lynchburg - $2,400.00,” substituted “$4,800.00” for $2,400.00” following “Manassas,” substituted “$4,200.00” for “$3,000.00” following “Roanoke,” and substituted “$5,000.00” for “$3,500.00” for “Suffolk.”

The 2001 amendments.

The 2001 amendment by c. 603, increased the salary limit for Greene from $3,600 to $5,800, for Lancaster from $3,000 to $6,000, for Louisa from $3,600 to $4,800, for Russell from $1,800 to $3,600, for Portsmouth from $2,700 to $5,000, and for Salem from $1,700 to $3,600.

The 2001 amendment by c. 607 increased the salary limit for Lancaster from $3,000 to $6,000, for Louisa from $3,600 to $4,800, for Russell from $1,800 to $3,600, for Portsmouth from $2,700 to $5,000, and for Salem from $1,700 to $3,600.

The 2002 amendments.

The 2002 amendment by c. 669, in subsection B of this section as it read prior to amendment by Acts 2002, c. 733, increased the salary limits for Chesapeake from $5,000 to $10,000, for Fredericksburg from $3,600 to $7,500, and for Newport News from $5,000 to $12,000.

The 2002 amendment by c. 733 inserted present subsection A and redesignated former subsections A through D as present subsections B through E; in present subsection B, inserted “appointed” in the introductory language, and deleted entries for the counties of Albemarle, Amelia, Appomattox, Arlington, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Caroline, Carroll, Charles City, Charlotte, Chesterfield, Clarke, Craig, Culpeper, Dickenson, Dinwiddie, Fairfax, Fauquier, Floyd, Fluvanna, Franklin, Frederick, Giles, Gloucester, Goochland, Grayson, Greene, Halifax, Henrico, Henry, Highland, James City, King and Queen, King George, King William, Lancaster, Lee, Loudoun, Louisa, Lunenburg, Madison, Mathews, Mecklenburg, Middlesex, Montgomery, Nelson, New Kent, Northumberland, Nottoway, Orange, Page, Patrick, Pittsylvania, Powhatan, Prince George, Prince William, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Southampton, Spotsylvania, Stafford, Surry, Sussex, Tazewell, Warren, Washington, Westmoreland, Wise, Wythe, and York; in present subsection C, inserted “appointed” in the introductory language, and deleted entries for the cities or towns of Alexandria, Bristol, Chesapeake, Colonial Beach, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Manassas, Newport News, Norton, Petersburg, Portsmouth, Radford, Richmond, Suffolk, Virginia Beach, Waynesboro, and Williamsburg; substituted “$2,000” for “$1,100” in present subsection D; deleted former subsection E, which read: “Contingent upon finalization of the planned consolidation of the school divisions of Alleghany County and the City of Clifton Forge, the members of the newly consolidated school board representing the City of Clifton Forge shall be paid an amount equal to that paid the members of the present school board of Alleghany County”; in subsection F, inserted “appointed” and “subsections B and C of” in the first sentence, substituted “elected school board” for “school board whose membership is elected in whole or in part” and deleted “within the limit set herein” following “salary increase” in the second sentence.

The 2002 amendment by c. 739, in this section as it read prior to amendment by Acts 2002, c. 733, in subsection A, increased the salary limits for Appomattox from $3,000 to $5,000, for Fluvanna from $2,400 to $3,400, and for York from $4,000 to $6,000, and in subsection B increased the salary limit for Newport News from $5,000 to $12,000.

At the direction of the Virginia Code Commission, the section is set out above as amended by Acts 2002, c. 733.

The 2003 amendments.

The 2003 amendment by c. 175 inserted “Southampton—$5,300.00” in subsection B.

The 2003 amendment by c. 713 added “or, in the case of elected school boards for a division comprised of a county having the county manager plan of government, as provided in § 15.2-702.1 ” at the end of subsection A, and substituted “at least 40 percent of such members” for “at least one-half of such members” near the end of the first sentence of subdivision F 1.

The 2004 amendments.

The 2004 amendments by cc. 179 and 199 are identical, and increased the salary limit for Manassas Park from $1,800 to $3,000 in subsection C.

The 2005 amendments.

The 2005 amendment by c. 489 increased the annual salary of school board members in the city of Richmond from $3,400.00 to $5,000.00 in subsection B; and in the city of Salem from $3,600.00 to $4,800.00 in subsection C.

The 2005 amendment by c. 536 increased the annual salary of school board members in the city of Salem from $3,600.00 to $4,800.00 in subsection C.

The 2006 amendments.

The 2006 amendment by c. 126, in subsection A, divided the former first sentence into the present first and second sentences by deleting “or, in the case of” following “provided by charter” at the end of the present first sentence, in the second sentence, added “However, any,” substituted “board of a school” for “boards for,” and added the language beginning “may, after a public hearing” at the end.

The 2006 amendment by c. 840 substituted “$8,000.00” for “$4,600.00” after Hanover in subsection B, and substituted “$3,600.00” for “$2,400.00” after Hopewell in subsection C.

The 2007 amendments.

The 2007 amendment by c. 53 increased the salary limit for Northampton from $1,800 to $3,000 in subsection B.

The 2010 amendments.

The 2010 amendment by c. 723 decreased the salary limit for Amherst from $2,400 to $2,200 in subsection B.

The 2013 amendments.

The 2013 amendment by c. 278 deleted “of this section” following “subsections B and C” in the first sentence of subsection F; and inserted “if the election or appointment occurs prior to July 1 and shall be become effective January 1 of the following year if the election or appointment occurs after June 30” at the end of subdivision F 2.

The 2017 amendments.

The 2017 amendment by c. 323, in subsection A, deleted the last sentence which formerly read: “However, any elected school board of a school division comprised of a county having the county manager plan of government, as provided in § 15.2-702.1 may, after a public hearing pursuant to notice in the manner provided in subdivision 8 of § 22.1-79, set the annual salary of its members at no more than $25,000, except that the annual salary of the chairman, vice-chairman, or both, may exceed $25,000.”

The 2018 amendments.

The 2018 amendments by cc. 65 and 80 are identical, and deleted “Norfolk — $3,000.00” in subsection C.

The 2020 amendments.

The 2020 amendment by c. 1046, in subsection C, added “Winchester — $4,500.00” in the list at the end.

The 2021 Sp. Sess. I amendments.

The 2021 amendments by Sp. Sess. I, cc. 20 and 81, effective July 1, 2021, are identical and in subsection B, deleted “Brunswick — $1,800.00.”

The 2021 amendments by Sp. Sess. I, cc. 79 and 80, cl. 2, are identical and added subsection G. For contingent effective date, see Editor’s note.

The 2022 amendments.

The 2022 amendment by c. 662, deleted subsection A designation; in the introductory paragraph, inserted “or appointed” and added “provided that”; deleted subsections B and C, which referred to salary caps of counties and cities of appointed school board; redesignated subsections D and E as subdivisions 1 and 2; deleted “in its discretion” following “may” in subdivisions 1 and 2; rewrote subsection F, which read: “No appointed school board shall request the General Assembly’s consideration of an increase in its annual salary limit as established in subsections B and C unless such school board has taken an affirmative vote on the requested increase. Further, no elected school board shall be awarded a salary increase, unless, upon an affirmative vote by such school board, a specific salary increase shall be approved. Local school boards shall adopt such increases according to the following procedures:”; added the subdivision 3 designation; in subdivision 3, added “No” and substituted “is approved” for “shall be approved”; redesignated subdivisions F 1 and F 2 as subdivisions 3 a and 3 b; in subdivision 3 a, deleted “40 percent of such members are to be elected or appointed. However, a school board serving a county having the county manager plan of government and whose membership totals five may establish a salary increase prior to July 1 in any year in which” following “least” and substituted “two members are to be elected” for “two of the five members are to be elected”; redesignated the second paragraph of subdivision F 2 as subdivision 4; deleted subsection G, which read: “(Effective July 1, 2022) The members of the consolidated school board representing Alleghany County and the City of Covington shall be paid an annual salary not to exceed $1,500.”; and made stylistic changes.

Law Review.

For article surveying developments in education law in Virginia, see 37 U. Rich. L. Rev. 89 (2002).

OPINIONS OF THE ATTORNEY GENERAL

Salary increases. —

This section authorizes a school board, based on population count, to increase the annual salary of its members to the maximum paid to city council members, and the annual salary of its chairman to the maximum paid to the city mayor; upon passage of a motion in the year 2003 approving salary increases, July 1, 2004, is the earliest date that such increases may be effective. See opinion of Attorney General to The Honorable Harry B. Blevins, Member, Senate of Virginia, 02-099, 2002 Va. AG LEXIS 83 (11/15/02).

§ 22.1-33. Special districts continued.

Special town school districts which now exist for the purposes of representation on division school boards shall continue.

History. Code 1950, § 22-43; 1954, c. 638; 1964, c. 490; 1971, Ex. Sess., c. 225; 1980, c. 559.

CASE NOTES

Statute inoperative as to Town of Herndon. —

Former § 15.1-663, when read in connection with former § 15.1-609 [see now § 15.2-531 ], expressly repealed and rendered inoperative former § 22-43, from which this section is derived, insofar as it applied to the Town of Herndon. County School Board v. Town of Herndon, 194 Va. 810 , 75 S.E.2d 474, 1953 Va. LEXIS 150 (1953) (decided under prior law).

Article 2. Method of Selecting School Boards in School Divisions Composed of a Single County.

§ 22.1-34. Application of article.

The school board in each county constituting a school division, except a county to which the provisions of §§ 15.2-410 , 15.2-531 , 15.2-627 , 15.2-837 or § 22.1-44 are applicable, shall be selected as provided in this article.

History. 1980, c. 559.

CASE NOTES

Constitutionality of system of appointing school boards. —

Even if the system of appointing district school boards was conceived and maintained until 1971 for the purpose of limiting African-American participation in the selection of and participation on school boards, in a challenge to the system based on the federal Constitution and the Voting Rights Act the state met its burden of showing that since 1971 the system has not been maintained for racially discriminatory reasons. Irby v. Fitz-Hugh, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988), aff'd, 889 F.2d 1352, 1989 U.S. App. LEXIS 17735 (4th Cir. 1989).

Virginia’s statutory scheme for appointing local school boards does not violate the First Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards. Such an effect is by no means inevitable and the statutes do not facially place a unique burden on African-Americans. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the Thirteenth Amendment, even though the system appears to limit African-American participation. The Fifteenth Amendment, the Voting Rights Act and the equal protection clause of the Fourteenth Amendment address the issue directly and can provide adequate protection. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the due process clause of the Fourteenth Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards, where no law has been violated by the act of appointing school boards, no preexisting right to vote has been contravened, and no infringement of a fundamental right has been identified. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

§ 22.1-35. School board selection commission.

In each county to which the provisions of this article are applicable there shall be a school board selection commission composed of three members appointed from the county at large or, upon the request of the county governing body, one member appointed from each election district of such county. Members shall be qualified voters, shall reside in the county and shall not be county or state officers. Members shall be appointed by the circuit court of the county within thirty days after the first day of July, 1950, and every four years thereafter. Any vacancy occurring other than by expiration of term shall be filled by the circuit court within thirty days after the vacancy occurs. Each member shall receive twenty-five dollars for each day actually engaged in the performance of duties as such member, to be paid out of the funds of the school board. No person regularly employed by the school board of the division shall be eligible to serve on or as clerk of such school board selection commission.

History. Code 1950, § 22-60; 1956, c. 365; 1959, Ex. Sess., c. 79, § 1; 1972, cc. 224, 665; 1973, c. 275; 1980, c. 559.

CASE NOTES

Virginia’s statutory scheme for appointing local school boards does not violate the First Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards. Such an effect is by no means inevitable and the statutes do not facially place a unique burden on African-Americans. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the Thirteenth Amendment, even though the system appears to limit African-American participation. The Fifteenth Amendment, the Voting Rights Act and the equal protection clause of the Fourteenth Amendment address the issue directly and can provide adequate protection. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the due process clause of the Fourteenth Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards, where no law has been violated by the act of appointing school boards, no preexisting right to vote has been contravened, and no infringement of a fundamental right has been identified. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Provision relative to time of appointment held not mandatory. —

There was nothing in the object or the context of former § 22-60, relating to appointment of school trustee electoral boards, indicative of an intent that the provision as to the time of appointment of the board be deemed imperative, nor did the public weal require that it be held to be mandatory. Huffman v. Kite, 198 Va. 196 , 93 S.E.2d 328, 1956 Va. LEXIS 191 (1956) (decided under former § 22-60).

Appointment made after 30 days upheld. —

The purpose of the provision of former § 22-60 relating to the time of appointment was to prompt a regular and periodic consideration and review by the appointing power of the personnel of the school trustee electoral board. It was not intended to fix a time limitation upon the power of the court or judge in vacation to make an appointment after the expiration of the 30 days mentioned or to invalidate a tardy appointment. Huffman v. Kite, 198 Va. 196 , 93 S.E.2d 328, 1956 Va. LEXIS 191 (1956) (decided under prior law).

Commission not empowered to act in response to discrimination. —

The School Board Selection Commission (SBSC) is not a body with authority to act in response to identified discrimination. Their task as created by the legislature of the Commonwealth of Virginia is to make appointments to the school board. The SBSC is not a court of equity. They do not have the authority to formulate and administer race-conscious programs to remedy past discrimination. Peters v. Moses, 613 F. Supp. 1328, 1985 U.S. Dist. LEXIS 19747 (W.D. Va. 1985).

Commission may not restrict eligibility for at-large seats on racial grounds. —

Categorical exclusion of an individual from consideration for appointment to school board solely because of the color of his skin is forbidden by the Equal Protection Clause. Consequently, the school board selection commission’s policy which permits the appointment of African-Americans only to the at-large seats of the county school board and excludes from consideration for these seats members of any other race must be discontinued. Peters v. Moses, 613 F. Supp. 1328, 1985 U.S. Dist. LEXIS 19747 (W.D. Va. 1985).

§ 22.1-36. Composition of school board; to be appointed by commission.

The county school board shall consist of the same number of members from each magisterial district or, if the provisions of subsection C of § 15.2-1211 are applicable, election district in the county as there are members of the board of supervisors from each such district in the county. Each school board member shall be appointed by the school board selection commission. In addition to the members selected by districts, the governing body may authorize the school board selection commission to appoint no more than two members from the county at large.

History. Code 1950, § 22-61; 1969, Ex. Sess., c. 25; 1970, c. 88; 1971, Ex. Sess., c. 225; 1972, c. 137; 1980, c. 559.

CASE NOTES

State policy is to make local school boards as far removed from politics as is possible. Board of Supvrs. v. County School Bd., 182 Va. 266 , 28 S.E.2d 698, 1944 Va. LEXIS 176 (1944); Huffman v. Kite, 198 Va. 196 , 93 S.E.2d 328, 1956 Va. LEXIS 191 (1956) (decided under prior law).

Commission not empowered to act in response to racial discrimination. —

The School Board Selection Commission (SBSC) is not a body with authority to act in response to identified discrimination. Their task as created by the legislature of the Commonwealth of Virginia is to make appointments to the school board. The SBSC is not a court of equity. They do not have the authority to formulate and administer race-conscious programs to remedy past discrimination. Peters v. Moses, 613 F. Supp. 1328, 1985 U.S. Dist. LEXIS 19747 (W.D. Va. 1985).

Commission may not restrict eligibility for at-large seats on racial grounds. —

Categorical exclusion of an individual from consideration for appointment to school board solely because of the color of his skin is forbidden by the Equal Protection Clause. Consequently, the school board selection commission’s policy which permits the appointment of African-Americans only to the at-large seats of the county school board and excludes from consideration for these seats members of any other race must be discontinued. Peters v. Moses, 613 F. Supp. 1328, 1985 U.S. Dist. LEXIS 19747 (W.D. Va. 1985).

§ 22.1-36.1. Composition of school board in certain cases.

Notwithstanding any other provision of law, when a county contains a town that is a separate school division, the school board for such county, regardless of whether it is elected or appointed, shall have no member representing such town. Instead, the county school board shall be comprised of one member elected or appointed from all of the election districts other than districts which have more than five percent of town residents, and an additional member elected or appointed at large from the entire county, excluding the town.

History. 1993, c. 220; 1995, c. 316; 2002, cc. 146, 269.

Editor’s note.

Acts 1993, c. 220, which enacted this section, in cl. 2 provides: “That the provisions of this act shall become effective in due course but shall in no case have the effect of terminating or reducing the term of office of a county school board member appointed to represent a town on a county school board whose term began before the effective date of this act.”

The 2002 amendments.

The 2002 amendments by cc. 146 and 269 are identical, and in the first sentence, deleted “and contains an entire supervisor election district” following “separate school division” and substituted “representing such town” for “representing such election district”; and in the second sentence, substituted “all of the” for “each of the remaining” and inserted “other than districts which have more than five percent of town residents.”

OPINIONS OF THE ATTORNEY GENERAL

Member of town council may serve on county school board, subject to certain restrictions. —

A town councilman may concurrently serve on the county school board, provided all other eligibility requirements are met. See opinion of Attorney General to Mr. William A. Bell, Jr., Secretary, Isle of Wight County Electoral Board, 11-070, 2011 Va. AG LEXIS 41 (9/30/11).

Members of town councils generally are precluded from serving on appointed school boards by § 22.1-30, but § 22.1-30 applies only to appointed school boards; however, members of both town councils and school boards are subject to restrictions imposed by the State and Local Government Conflict of Interests Act. See opinion of Attorney General to Mr. William A. Bell, Jr., Secretary, Isle of Wight County Electoral Board, 11-070, 2011 Va. AG LEXIS 41 (9/30/11).

§ 22.1-37. Notice by commission of meeting for appointment.

Before any appointment is made by the school board selection commission, it shall give notice, by publication once a week for four successive weeks in a newspaper having general circulation in such county, of the time and place of any meeting for the purpose of appointing the members of the county school board. Such notice shall be given whether the appointment is of a member or members of the county school board for the full term of office as provided by law or of a member to fill a vacancy occurring in the membership of the county school board or of a member from a new school district.

History. Code 1950, § 22-62; 1954, c. 638; 1980, c. 559; 1984, c. 131.

§ 22.1-38. Terms of members of school board.

Within sixty days prior to July 1 in each and every year, the school board selection commission shall appoint, for terms of four years beginning July 1 next following their appointment, successors to the members of the county school board whose terms of office expire on June 30 of such year.

In any county having five or more districts in which it is found by the school board selection commission that it is not in the best interest of the schools for the terms of the school board members from two certain districts to expire simultaneously and such terms have been so expiring, the commission may, on the next occasion thereafter for appointing successors to the school board members from such two districts, appoint the member from one of such districts for a term of one year with appointments thereafter to be made for terms of four years.

History. Code 1950, § 22-64; 1958, c. 515; 1980, c. 559.

§ 22.1-38.1. Provisions for school board where division consolidated as result of certain governmental consolidations.

  1. Notwithstanding the provisions of §§ 22.1-38 and 22.1-57 or any other statutory provision, in any consolidation of school divisions comprised of single cities and single counties, which consolidation constitutes a part of a governmental consolidation resulting in the formation of a consolidated county and a tier-city, the consolidation agreement may provide as follows:
    1. The effective date for consolidation of school divisions may be prior or subsequent to the effective date for general governmental consolidation.
    2. Initial members of the consolidated school board selection committee may be selected as provided in § 22.1-35 from the consolidating divisions at any time after certification by the appropriate electoral boards of approval by referendum of the consolidation plan.
    3. Initial members of the consolidated school board may be selected to assume office at any agreed time prior to the effective date for consolidation of school divisions, only for such of the following limited purposes as may be provided by the consolidation agreement or plan:
      1. Organization of itself and election of one of its members as chairman.
      2. Preparation and approval of an initial budget applicable to the newly consolidated school divisions.
      3. Preparation of job descriptions, pay ranges and qualifications for each position in the consolidated school division.
      4. Hiring of individuals to hold each position in the consolidated school division.
      5. Designation of school attendance zones.
      6. Allocation of office space and furniture to accommodate the administrative staff of the consolidated school division.
      7. Preparation of seniority lists and reductions in force policy.
      8. Approval of initial curriculum, grading systems, and all such forms of records as may be required.
      9. Adoption of a transportation plan for the consolidated school division.
  2. Any member of a school board of a consolidating school division may be appointed to the consolidated school board, and for the limited time period as provided in the consolidation agreement may hold both offices.
  3. Upon the effective date of consolidation of school divisions, all school board members shall assume full powers, duties, rights and responsibilities of their offices.

History. 1984, c. 695.

§ 22.1-39. Vacancies in school board.

Vacancies occurring in the membership of the county school board shall be filled for the unexpired term by the school board selection commission.

History. Code 1950, § 22-65; 1980, c. 559.

§ 22.1-40. Appointment of tie breaker.

The school board selection commission may, at the option of the governing body of the county, appoint a qualified voter who is a resident of the county to cast the deciding vote in case of a tie vote of the school board as provided in § 22.1-75. The term of office of each tie breaker so appointed shall be four years whether the appointment is to fill a vacancy caused by expiration of term or otherwise. The commission shall give the notice required by § 22.1-37 before appointing any tie breaker.

History. 1980, c. 559; 1981, c. 246.

Article 3. Alternate Method of Selecting School Boards in School Divisions Comprised of a Single County.

§ 22.1-41. Application of article.

The provisions of this article shall be applicable in any county constituting a school division except a county to which the provisions of §§ 15.2-410 , 15.2-531 , 15.2-627 or § 15.2-837 are applicable.

History. 1980, c. 559.

CASE NOTES

Virginia’s statutory scheme for appointing local school boards does not violate the First Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards. Such an effect is by no means inevitable and the statutes do not facially place a unique burden on African-Americans. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the Thirteenth Amendment, even though the system appears to limit African-American participation. The Fifteenth Amendment, the Voting Rights Act and the equal protection clause of the Fourteenth Amendment address the issue directly and can provide adequate protection. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the due process clause of the Fourteenth Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards, where no law has been violated by the act of appointing school boards, no preexisting right to vote has been contravened, and no infringement of a fundamental right has been identified. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

§ 22.1-42. Referendum on changing method of selection of members of school board.

Upon a petition filed with the circuit court of any county to which the provisions of this article are applicable signed by a number of registered voters of the county equal to fifteen per centum of the number of votes cast in the county in the preceding presidential election asking that a referendum be held on the question of changing the method of selection of members of the county school board, the court shall, by order entered of record, require the regular election officials on the day fixed in such order to open the polls and take the sense of the qualified voters of the county on the question printed on the ballot as herein provided. The clerk of the county shall cause a notice of such referendum to be published in some newspaper published or having a general circulation in the county once a week for three successive weeks prior to such referendum and shall post a copy of such notice during the same time at the front door of the courthouse of the county.

In lieu of such petition, the Board of Supervisors of Isle of Wight County or Roanoke County may cause to be passed a resolution requesting that such referendum be held; provided that prior to the passage of such resolution the Board of Supervisors shall hold a public hearing on the question of such referendum. The resolution shall be filed with the circuit court and upon receipt thereof, the court shall proceed as in the case of a petition.

The ballots used in the referendum shall be printed as follows:

“Shall the present method of selecting the members of the county school board be changed from appointment by the School Board Selection Commission to appointment by the governing body of the county?

Yes •

No • ”

The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the State Board of Elections, the clerk of the county and the circuit court; and the court shall enter of record the results of such referendum.

History. Code 1950, § 22-79.4; 1970, c. 126; 1975, cc. 517, 567; 1979, c. 10; 1980, c. 559; 1992, c. 354.

CASE NOTES

Virginia’s statutory scheme for appointing local school boards does not violate the First Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards. Such an effect is by no means inevitable and the statutes do not facially place a unique burden on African-Americans. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the Thirteenth Amendment, even though the system appears to limit African-American participation. The Fifteenth Amendment, the Voting Rights Act and the equal protection clause of the Fourteenth Amendment address the issue directly and can provide adequate protection. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the due process clause of the Fourteenth Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards, where no law has been violated by the act of appointing school boards, no preexisting right to vote has been contravened, and no infringement of a fundamental right has been identified. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

§ 22.1-43. Abolition of school board selection commission.

If the majority of votes cast in the referendum held as provided in § 22.1-42 shall be for the proposition, the school board selection commission of the county shall be abolished. If the majority of the votes cast shall be against the proposition, the school board selection commission shall be retained.

History. Code 1950, § 22-79.5; 1970, c. 126; 1980, c. 559.

§ 22.1-44. Appointment of school board members and tie breaker by county governing body; terms; vacancies.

If, in a referendum held as provided in § 22.1-42, it shall be determined that the members of the county school board shall be appointed by the governing body of the county, such governing body shall, by majority vote, thereafter appoint all members of the school board and the tie breaker, if any. Members of the school board and the tie breaker in office at the time of the referendum shall complete their terms and their successors shall be appointed by the governing body. The governing body shall determine whether the office of the tie breaker shall continue after the expiration of the term of the incumbent. Appointments of school board members and tie breakers, if any, shall be made at public meetings. The terms of office of the members of the county school board shall continue to be four years. Vacancies in the office of members of the county school board occurring other than by expiration of term shall be filled by appointment by the governing body for the unexpired terms. The term of office of the tie breaker, if any, shall continue to be four years. Any appointment to fill a vacancy in the office of tie breaker, if any, whether or not by expiration of term, shall be for a four-year term.

The school board shall consist of the same number of members from each magisterial or election district as is provided in § 22.1-36. The governing body of the county may appoint no more than two additional members from the county at large.

History. Code 1950, §§ 22-61, 22-79.1, 22-79.3; 1969, Ex. Sess., c. 25; 1970, cc. 88, 126; 1971, Ex. Sess., c. 225; 1972, c. 137; 1980, c. 559; 1981, c. 246.

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

State policy is to make local school boards as far removed from politics as is possible. Board of Supvrs. v. County School Bd., 182 Va. 266 , 28 S.E.2d 698, 1944 Va. LEXIS 176 (1944); Huffman v. Kite, 198 Va. 196 , 93 S.E.2d 328, 1956 Va. LEXIS 191 (1956).

This section has never required the reappointment of existing members of the school board. It does, nevertheless, evince a continuing legislative interest in cushioning the shock to the public school system from sudden changes in local government. Board of Supvrs. v. Wood, 213 Va. 545 , 193 S.E.2d 671, 1973 Va. LEXIS 179 (1973).

§ 22.1-45. Referendum to revert to appointment by school board selection commission.

  1. Upon a petition (i) filed with the circuit court of any county which has changed the method of appointment of the members of the school board to appointment by the governing body as a result of a referendum as provided in this article or former §§ 22-79.1 through 22-79.6, (ii) signed by a number of registered voters of the county equal to fifteen per centum of the number of votes cast in the county in the preceding presidential election, and (iii) asking that a referendum be held on the question of changing the method of selection of members of the county school board, the court shall, by order entered of record, require the regular election officials on the day fixed in such order to open the polls and take the sense of the qualified voters of the county on the question printed on the ballot as herein provided. The clerk of the county shall cause a notice of such referendum to be published in some newspaper published or having a general circulation in the county once a week for three successive weeks prior to such referendum and shall post a copy of such notice during the same time at the front door of the courthouse of the county. The ballots used in such referendum shall be printed as follows:“Shall the present method of selecting the members of the county school board be changed from appointment by the governing body of the county to appointment by a school board selection commission?Yes  •No  • ”The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the State Board of Elections, the clerk of the county and the circuit court; and the court shall enter of record the results of such referendum.
  2. If the majority of the votes cast in such referendum shall be for the proposition, a school board selection commission shall be appointed as provided in § 22.1-35 and the commission shall appoint the members of the county school board and the tie breaker as provided in Article 2 (§ 22.1-34 et seq.) of this chapter as the terms of the incumbents expire or as vacancies otherwise occur.If a majority of the votes cast in such referendum are against the proposition, the members of the school board and the tie breaker shall continue to be appointed by the governing body as provided in this article.

History. 1980, c. 559.

CASE NOTES

Virginia’s statutory scheme for appointing local school boards does not violate the First Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards. Such an effect is by no means inevitable and the statutes do not facially place a unique burden on African-Americans. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the Thirteenth Amendment, even though the system appears to limit African-American participation. The Fifteenth Amendment, the Voting Rights Act and the equal protection clause of the Fourteenth Amendment address the issue directly and can provide adequate protection. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the due process clause of the Fourteenth Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards, where no law has been violated by the act of appointing school boards, no preexisting right to vote has been contravened, and no infringement of a fundamental right has been identified. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

§ 22.1-46. Limitation on time of holding subsequent referendum.

Regardless of its results, following any referendum provided for in this article, no further such referendum shall be held within four years thereafter.

History. Code 1950, § 22-79.6; 1970, c. 126; 1980, c. 559.

Article 4. Selection of School Boards in School Divisions Comprised of Counties Having County Manager or County Board Form of Government.

§ 22.1-47. Composition of boards; appointment and terms; tie breakers.

  1. The school board of a school division composed of a county having a county manager plan form of government provided for in Article 2 (§ 15.2-702 et seq.) of Chapter 7 of Title 15.2 shall be composed of not less than three nor more than seven members who shall be chosen by the board of county supervisors. The exact number of members shall be determined by the board of county supervisors. Each member shall be appointed for a term of four years, provided that initial appointments may be for such terms as will stagger the expiration of terms and that appointments to fill vacancies other than by expiration of term shall be for the unexpired term. The governing body of the county may also appoint a resident of the county to cast the deciding vote in case of a tie vote of the school board as provided in § 22.1-75. Each tie breaker, if any, shall be appointed for a four-year term whether the appointment is to fill a vacancy caused by expiration of term or otherwise. Notwithstanding any contrary provisions of this section, any such county may have an elected school board pursuant to Article 4.1 (§ 22.1-47.1 et seq.).
  2. It is further provided that those counties having a county board form of government as contained in Chapter 4 (§ 15.2-400 et seq.) of Title 15.2 shall select their school board as provided in § 15.2-410 , as amended.

History. Code 1950, §§ 22-80, 22-83.1; 1956, c. 591; 1964, c. 100; 1980, c. 559; 1981, c. 246; 2018, c. 385.

The 2018 amendments.

The 2018 amendment by c. 385 designated the former provisions as subsections A and B; and in subsection A, added the last sentence.

Article 4.1. Popular Election of School Board in Counties with County Manager Plan of Government.

§ 22.1-47.1. Applicability.

The provisions of Article 7 (§ 22.1-57.1 et seq.) of this chapter shall be applicable, except as otherwise specifically provided in this article, to any school division comprised of a county having the county manager plan of government.

History. 1993, c. 88.

§ 22.1-47.2. Petitions for a referendum on direct election of school board members.

Petitions circulated pursuant to § 22.1-57.2 or 22.1-57.4 may be circulated for a period not to exceed one calendar year. If the period from the date of the earliest signature to the latest signature exceeds one calendar year, all signatures shall be invalid.

At the time the petitions are filed, the petitions shall contain the required number of signatures of voters who are currently registered to vote in the county.

Persons signing petitions for a referendum to be held at the November general election shall date their signatures on the petitions.

History. 1993, c. 88; 2022, c. 355.

The 2022 amendments.

The 2022 amendment by c. 355 in the former penultimate paragraph, deleted “1994” following “November” and “and on subsequent November general election dates” following “general election”; and deleted the former last paragraph, which read: “Any petition circulated pursuant to § 22.1-57.2 or this article which calls for a November 1993 referendum (i) shall not be subject to the requirements of this section that the signatures be dated and that the petition be circulated no longer than one calendar year and (ii) may be circulated for signatures in both 1992 and 1993.”

§ 22.1-47.3. Transition from appointed to elected school board.

If the change to an elected school board is approved by the voters, the appointed members of the school board in office at the time of the referendum approving the change shall continue in office for the balance of their appointed terms except that each term shall expire on the December 31 immediately succeeding the June 30 expiration date for the appointed term. In the event of a vacancy in an unexpired term of any appointed school board member, a replacement shall be elected at the next regularly scheduled general election to fill the remainder of the term. No special election shall be held, however, if the general election at which it is to be held is scheduled in the year in which the term expires.

At the first and each succeeding November election, one school board member shall be elected for each position on the school board occupied by an appointed member whose term expires the following December 31 until the school board is composed entirely of elected members. Successor school board members shall be elected each November for four-year terms commencing on January 1 of the year following the election. The requirement of subsection B of § 22.1-57.3 that the same number of members of the governing body and school board be elected at each November election shall not be applicable.

History. 1993, c. 88; 1996, c. 185.

Editor’s note.

Acts 2013, c. 718, effective March 25, 2013, provides: “§ 1. Notwithstanding § 22.1-47.3 of the Code of Virginia or any other provision of law to the contrary, the terms of the members currently appointed to the Northampton County School Board shall be shortened or lengthened to expire on December 31, 2013.

“Notwithstanding § 22.1-47.3 of the Code of Virginia or any other provision of law to the contrary, the terms of the members of the Northampton County School Board to be elected in the November 2013 general election shall be staggered as follows: four members to be elected to fill the vacancies in Districts 1, 2, and 3 and one at-large position for a term of four years and three members to be elected to fill the vacancies in Districts 4 and 5 and the other at-large position for a term of two years. All such terms shall commence on January 1, 2014. After the initial staggering of terms, members shall be elected for a term of four years.”

§ 22.1-47.4. Benefits, expenses, and reimbursements for the school board members of certain county.

An elected school board of a school division comprised of a county having the county manager plan of government may, in accordance with the procedures applicable to the setting of its salary, grant itself fringe benefits, expenses, and reimbursements, or any of them, as it deems appropriate, and in the manner and form as such fringe benefits, expenses, and reimbursements are provided for school board employees. Such school board serving a county having the county manager plan of government whose membership totals five may establish such fringe benefits, expenses, and reimbursements by July 1 in any year in which two of the five members are to be elected. Any such fringe benefits, expenses, and reimbursements shall become effective on January 1 of the following year.

History. 2004, c. 532; 2006, c. 126.

The 2006 amendments.

The 2006 amendment by c. 126, in the first sentence, inserted “in accordance with the procedures applicable to the setting of its salary” and deleted “after satisfying the notice and public hearing requirements as set forth in § 15.2-702.1 ” at the end.

Article 5. Selection of School Boards in Cities and Towns Constituting School Divisions.

§ 22.1-48. Application of article.

The provisions of this article shall be applicable in each city and town which constitutes a school division unless otherwise provided by its charter.

History. 1980, c. 559.

§ 22.1-49. City school districts.

As used in this article, “district” shall mean a school district. The school board of a city to which the provisions of this article are applicable shall have power, subject to the approval of the governing body of the city, to prescribe the number and boundaries of the school districts; but until such provision is made every such city which is not divided into wards shall constitute a single school district, and in every city which is divided into wards, each ward shall be a school district. The number and boundaries of districts shall be duly reported to the Superintendent of Public Instruction and recorded in his office and also in that of the clerk of the circuit court of the city.

History. Code 1950, § 22-44; 1980, c. 559.

§ 22.1-50. Appointment and term generally; vacancies.

The school board of a school division composed of the city or town to which the provisions of this article are applicable shall be appointed by the governing body of such city or town and shall consist of three members for each district in such city or town. However, the school board of a school division composed of any city or town having only one district shall consist of five members. Members shall be appointed for three-year terms except that initial appointments shall be for such terms that the term of one member from each district expires each year. However, the additional two members of the school board of a school division composed of any city or town having only one district shall be appointed for such terms that the terms of one or two members expire each year. The governing body may, by duly adopted ordinance, limit the number of consecutive terms served by school board members. Terms shall commence on July 1. A vacancy occurring on the school board at any time other than by expiration of term shall be filled by the governing body for the unexpired term. Within 30 days preceding July 1 of each year, the governing body shall appoint a successor to each member whose term expires on June 30 of that year, provided the office of that member has not been abolished in redistricting the city or town.

History. Code 1950, § 22-89; 1959, Ex. Sess., c. 78; 1972, c. 662; 1980, c. 559; 1991, c. 182; 1992, c. 182; 2022, c. 355.

The 2022 amendments.

The 2022 amendment by c. 355 deleted “who are appointed after July 1, 1992” preceding “shall be appointed” in the fourth sentence; and made stylistic changes.

CASE NOTES

Virginia’s statutory scheme for appointing local school boards does not violate the First Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards. Such an effect is by no means inevitable and the statutes do not facially place a unique burden on African-Americans. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the Thirteenth Amendment, even though the system appears to limit African-American participation. The Fifteenth Amendment, the Voting Rights Act and the equal protection clause of the Fourteenth Amendment address the issue directly and can provide adequate protection. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the due process clause of the Fourteenth Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards, where no law has been violated by the act of appointing school boards, no preexisting right to vote has been contravened, and no infringement of a fundamental right has been identified. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

§ 22.1-51. Repealed by Acts 2016, c. 385, cl. 1, effective March 11, 2016.

Editor’s note.

Former § 22.1-51, pertaining to appointment and terms of school board members in the City of Norfolk, derived from Code 1950, § 22-89.1; 1959, Ex. Sess., c. 78; 1980, c. 559; 2014, cc. 5, 105.

Article 6. School Boards in Other School Divisions.

§ 22.1-52. Application of article; single school board required.

The provisions of this article shall be applicable to each school division which is composed of less than one county or city or part or all of more than one county or city. The supervision of schools in each such school division shall be vested in a single school board.

History. Code 1950, § 22-100.1; 1954, c. 391; 1971, Ex. Sess., c. 161; 1980, c. 559.

CASE NOTES

State Board, acting alone, could not consolidate school systems of Richmond, Henrico and Chesterfield. —

Neither under the old Constitution and statutes in effect prior to July 1, 1971, nor under the new Constitution and statutes in effect after that date, could the State Board of Education, acting alone, have effected the consolidation of the school systems of Richmond, Henrico and Chesterfield into a single system under the control of a single school board. Bradley v. School Bd., 462 F.2d 1058, 1972 U.S. App. LEXIS 9202 (4th Cir. 1972), aff'd, 412 U.S. 92, 93 S. Ct. 1952, 36 L. Ed. 2d 771, 1973 U.S. LEXIS 68 (1973) (decided under prior law).

§ 22.1-53. How composed; appointment and terms of members; vacancies; tie breaker.

  1. The school board of each school division to which the provisions of this article are applicable shall be composed of no fewer than six nor more than nine members, the exact number to be determined by the governing body of the county or city if the school division is composed of less than one county or city or by agreement of the governing bodies of the counties and cities in the school division if composed of part or all of more than one county or city. Unless the governing bodies of the counties and cities in a school division composed of part or all of more than one county or city agree upon some other equitable and reasonable criteria, the number of members of the school board from each county and city or part thereof in the division shall be apportioned according to the population in the school division of each such county or city or part thereof, provided that each county or city shall have at least one member.
  2. Within sixty days prior to the effective date for the formation of the division school board, the governing body of each county and city or part thereof in the school division shall appoint the required number of members of the division school board from such county or city as follows: if there be one member, he shall be appointed for a term of four years; if there be two members, one shall be appointed for a term of two years and one for a term of four years; if there be three members, one shall be appointed for a term of two years, one for a term of three years, and one for a term of four years; if there be four members, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years; if there be five members, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years; if there be six members, one shall be appointed for a term of one year, one for a term of two years, two for terms of three years and two for terms of four years. Within sixty days prior to the first day of July in each and every year thereafter, there shall be appointed by such governing body for a term of four years beginning the first day of July next following their appointment, successors to the members of the division school board appointed by it whose terms expire on the thirtieth day of June in each such year. Any vacancy occurring in the membership of the division school board shall be filled for the unexpired term by the governing body appointing such member.
  3. If each county or city in a division composed of part or all of more than one county or city has an equal number of members, the governing bodies concerned shall jointly select for a term of four years one person who shall be a member of the division school board only for the purpose of voting in case of an equal division of the regular members of the board on any question requiring the action of such board. Such person shall be known as the tie breaker. If the governing bodies are not able to agree as to the person who shall be the tie breaker, then upon application by any of the governing bodies involved to a circuit court having jurisdiction in such school division, the judge thereof shall name the tie breaker and his decision shall be final.

History. Code 1950, § 22-100.3; 1954, c. 391; 1956, c. 671; 1971, Ex. Sess., c. 161; 1980, c. 559.

CASE NOTES

Virginia’s statutory scheme for appointing local school boards does not violate the First Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards. Such an effect is by no means inevitable and the statutes do not facially place a unique burden on African-Americans. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the Thirteenth Amendment, even though the system appears to limit African-American participation. The Fifteenth Amendment, the Voting Rights Act and the equal protection clause of the Fourteenth Amendment address the issue directly and can provide adequate protection. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

Virginia’s statutory scheme for appointing local school boards does not violate the due process clause of the Fourteenth Amendment, even though some of the original supporters of that scheme hoped it would exclude African-Americans from school boards, where no law has been violated by the act of appointing school boards, no preexisting right to vote has been contravened, and no infringement of a fundamental right has been identified. Irby v. Fitz-Hugh, 692 F. Supp. 610, 1988 U.S. Dist. LEXIS 17201 (E.D. Va.), dismissed, 693 F. Supp. 424, 1988 U.S. Dist. LEXIS 9099 (E.D. Va. 1988).

§ 22.1-54. Members need not be appointed by districts.

Members of a school board in a school division to which the provisions of this article are applicable need not be appointed by districts, if deemed advisable by the governing body making the appointments.

History. Code 1950, § 22-100.4; 1954, c. 391; 1980, c. 559.

§ 22.1-55. Compensation of members.

A school board of a school division to which the provisions of this article are applicable may pay each of its members an annual salary not to exceed the amount authorized by § 22.1-32, if any, for the county or city from which such member was appointed.

History. Code 1950, § 22-100.6; 1954, c. 391; 1971, Ex. Sess., c. 161; 1980, c. 559.

§ 22.1-56. Transfer of title to school property; adjudication of ownership.

The title to all school property in the school division shall be vested in the division school board. The school board of every county or part thereof included in such school division and the city council or the school board, whichever holds title to the school property included in such school division, shall transfer title to the school property included in such school division to the division school board.

If, at the time a school division to which the provisions of this article are applicable is formed, the ownership of school property, real or personal, has not been determined or the title thereto is in question or there is a dispute as to the ownership or title, then such question of ownership or title may be determined before the formation of the school division either by a written agreement between the participating divisions with the approval of the respective governing bodies thereof or by any participating division petitioning a circuit court in the jurisdiction where the property or any part thereof lies to determine the title to the property, and such adjudication of ownership or title shall be conclusive thereafter.

History. Code 1950, § 22-100.7; 1954, c. 391; 1956, c. 671; 1971, Ex. Sess., c. 161; 1980, c. 559.

§ 22.1-57. Effective date for formation of board.

The effective date for the formation of any school division to which the provisions of this article are applicable and the school board thereof and the supervision and operation of the schools in the school division by such school board shall be as of the first day of July of a school year, and the school board or boards as then constituted in the school division shall cease to exist in such school division as of such effective date.

History. Code 1950, § 22-100.11; 1954, c. 391; 1956, c. 671; 1971, Ex. Sess., c. 161; 1980, c. 559.

Article 7. Popular Election of School Board.

§ 22.1-57.1. Applicability.

The provisions of this article shall apply to any county, city, or town constituting a separate and entire school division. If a town within a county constitutes a separate school division and the balance of that county constitutes a separate school division, the term county as used in this article shall be construed to mean the balance of the county excepting the town. If a county and city, or any combination thereof, constitute a consolidated school division, each county or city shall be treated as a separate entity for the purposes of this article and be entitled to hold its own referendum and proceed to elect the same number of members to the consolidated board as have been appointed from the county or city. The provisions of this article shall apply to every school division, county, city, and town notwithstanding any other provision of this chapter, of Title 15.2, or of any charter.

History. 1992, c. 594.

Cross references.

As to elected school boards under the county board form of government, see § 15.2-410 ; under county executive form of government, see § 15.2-533 ; and under the urban county executive form of government, see § 15.2-837 .

Editor’s note.

Acts 1992, c. 594, which enacted this article, in cl. 2 provides: “That any county, city, or town whose charter authorizes the direct election of school boards and that has held an advisory referendum favoring the direct election of school board members by the voters within the twenty-four months preceding the effective date of this act need not conduct a referendum pursuant to this act, but shall elect school board members pursuant to such charter.”

§ 22.1-57.1:1. Referendum in certain consolidated cities.

Notwithstanding the provisions of this article or any other statutory provision, where an existing city and a county consolidate into a consolidated city and where the county at the time of consolidation is providing all school services to the existing city by contract pursuant to § 22.1-27 and the voters of the county have approved direct election of the school board, the consolidation plan or agreement shall provide for the election of school board members directly by the voters of the consolidated city without the necessity of a further referendum under § 22.1-57.2; in such case, the consolidation plan or agreement shall provide that the members of the initial school board shall be elected from the municipal election districts designated in the consolidation plan or agreement. The provisions of § 22.1-57.3 shall apply in all other respects.

History. 1995, c. 728.

§ 22.1-57.2. Referendum on direct election of school board members by the voters.

The registered voters of any such county, city, or town may, by petition filed with the circuit court thereof, ask that a referendum be held on the question of whether the members of the school board of the county, city, or town shall be elected directly by the voters. The petition shall be signed by registered voters equal in number to at least 10 percent of the number registered in such locality on the January 1 preceding its filing. Upon the filing of a petition, the circuit court shall order and require the election officials at the next general election to open the polls and take the sense of the voters therein on that question. The petition shall be filed with the court not less than 111 days prior to the general election. The clerk of the court shall cause notice of the referendum to be published once a week for the three consecutive weeks prior to the referendum in a newspaper having general circulation in the county, city, or town, and a copy of the notice shall be posted during the same time on the door of the courthouse of the county or city, or of the county within which the town is located. The question on the ballot shall be:

“Shall the method of selecting the school board be changed from appointment by the governing body (or the school board selection commission, whichever is applicable) to direct election by the voters?

• YES

• NO”

The election shall be held and the results certified as provided in § 24.2-684 .

History. 1992, c. 594; 2011, c. 599.

The 2011 amendments.

The 2011 amendment by c. 599, in the first paragraph, made a stylistic change in the second sentence, and substituted “111 days” for “ninety days” in the fourth sentence.

§ 22.1-57.3. Election of school board members; election of tie breaker.

  1. If a majority of the qualified voters voting in such referendum vote in favor of changing the method of selecting school board members to direct election by the voters, then the members of the school board shall be elected by popular vote. Elections of school board members in a county, city, or town shall be held to coincide with the elections for members of the governing body of the county, city, or town at the regular general election in November or the regular general election in May, as the case may be.
  2. The initial elected board shall consist of the same number of members as the appointed school board it replaces, and the members shall be elected from the established county or municipal election districts, at large, or a combination thereof, on the same basis as the school board previously was appointed. If the appointed school board being replaced has not been appointed either on an at-large basis or on the basis of the established county or municipal election districts, or a combination thereof, the members shall be elected at large unless the governing body of the county, city, or town provides for the election of school board members on the basis of the established county or municipal election districts. If the appointed school board being replaced has been appointed at large, the governing body of the county, city, or town may establish school election districts for the election of school board members. The governing body may provide for a locality-wide district, one or more districts comprised of a part of the locality, or any combination thereof, and for the apportionment of one or more school board members to any district.The terms of the members of the elected school board for any county, city, or town shall be the same as the terms of the members of the governing body for the county, city, or town. In any locality in which both the school board and the governing body are elected from election districts, as opposed to being elected wholly on an at-large basis, the elections of the school board member and governing body member from each specific district shall be held simultaneously except as otherwise provided in §§ 22.1-57.3:1, 22.1-57.3:1.1, and 22.1-57.3:1.2.At the first election for members of the school board, so many members shall be elected as there are members to be elected at the regular election for the governing body. At each subsequent regular election for members of the governing body, the same number of members of the school board shall be elected as the number of members to be elected at the regular election to the governing body. However, if the number of members on the school board differs from the number of members of the governing body, the number of members elected to the school board at the first and subsequent general election shall be either more or less than the number of governing body members, as appropriate, to the end that the number of members on the initial elected school board is the same as the number of members on the appointed board being replaced.Except as provided in §§ 22.1-57.3:1, 22.1-57.3:1.1, and 22.1-57.3:1.2, the terms of the members of the school board shall be staggered only if the terms of the members of the governing body are staggered. If there are more, or fewer, members on the school board than on the governing body, the number of members to be elected to the school board at the first and subsequent election for school board members shall be the number required to establish the staggered term structure so that (i) a majority of the members of the school board is elected at the same time as a majority of the members of the governing body; (ii) if one-half of the governing body is being elected and the school board has an even number of members, one-half of the members of the school board is elected; (iii) if one-half of the governing body is being elected and the school board has an odd number of members, the majority by one member of the school board is elected at the first election and the remainder of the school board is elected at the second election; or (iv) if a majority of the members of the governing body is being elected and the school board has an even number of members, one-half of the members of the school board is elected.If the school board is elected at large and the terms of the members of the school board are staggered, the school board members to be replaced at the first election shall include all appointed school board members whose appointive terms are scheduled to expire on December 31 or on June 30, as the case may be, next following the first election of county, city or town school board members. If the number of school board members whose appointive terms are so scheduled to expire is zero or less than the number of school board members to be elected at the first election, the appointed school board members to be replaced at the first election shall also include those whose appointive terms are scheduled to expire next subsequent to the date on which the terms of office of the first elected school board members will commence. If the appointive terms of more than one school board member are scheduled to expire simultaneously, but less than all of such members are to be replaced at the first election, then the identity of such school board member or members to be replaced at the first election shall be determined by a drawing held by the county or city electoral board at least ten days prior to the last day for a person to qualify as a candidate for school board member.In any case in which school board members are elected from election districts, as opposed to being elected from the county, city, or town at large, the election districts for the school board shall be coterminous with the election districts for the county, city, or town governing body, except as may be specifically provided for the election of school board members in a county, city, or town in which the governing body is elected at large.
  3. The terms of office for the school board members shall commence on January 1 or July 1, as the case may be, following their election. On December 31 or June 30, as the case may be, following the first election of county, city or town school board members, the terms of office of the members of the school board in office through appointment shall expire and the school board selection commission, if there is one, shall be abolished. If the entire school board is not elected at the first election of school board members, only the terms of the appointed members being replaced shall so expire and the terms of the appointed members being replaced at a subsequent election shall continue or be extended to expire on December 31 or June 30, as appropriate, of the year of the election of the school board members replacing them.
  4. Except as otherwise provided herein, a vacancy in the office of any elected school board member shall be filled pursuant to §§ 24.2-226 and 24.2-228 . In any county that has adopted the urban county executive form of government and that has adopted an elected school board, any vacancy on the elected school board shall be filled in accordance with the procedures set forth in § 15.2-802 , mutatis mutandis. Notwithstanding any provision of law or charter to the contrary, if no candidates file for election to a school board office and no person who is qualified to hold the office is elected by write-in votes, a vacancy shall be deemed to exist in the office as of January 1 or July 1, as the case may be, following the general election. For the purposes of this subsection and Article 6 (§ 24.2-225 et seq.) of Chapter 2 of Title 24.2, local school boards comprised of elected and appointed members shall be deemed elected school boards.
  5. In order to have their names placed on the ballot, all candidates shall be nominated only by petition as provided by general law pursuant to § 24.2-506 .
  6. For the purposes of this section, the election and term of the mayor or chairman of the board of supervisors shall be deemed to be an election and term of a member of the governing body of the municipality or county, respectively, whether or not the mayor or chairman is deemed to be a member of the governing body for any other purpose.
  7. No employee of a school board shall be eligible to serve on the board with whom he is employed.
  8. Any elected school board may have a position of tie breaker for the purpose of casting the deciding vote in cases of tie votes of the school board as provided in § 22.1-75. The position of tie breaker, if any, shall be held by a qualified voter who is a resident of the county, city, or town and who shall be elected in the same manner and for the same length of term as members of the school board and at a general election at which members of the school board are elected. A vacancy in the position of tie breaker shall be filled pursuant to §§ 24.2-226 and 24.2-228 .

History. 1992, c. 594; 1993, c. 878; 1994, c. 723; 1996, c. 873; 2000, c. 1045; 2006, c. 29; 2007, c. 100; 2010, c. 95; 2011, c. 776; 2014, c. 772.

Editor’s note.

Acts 2014, c. 772, cl. 2 provides: “That the provisions of this act shall not be construed to affect the term of any tie breaker appointed by an elected school board prior to July 1, 2014.”

The 2000 amendments.

The 2000 amendment by c. 1045, in subsection A, in the second sentence, deleted “in the case of a county” following “November” and substituted “as the case may be” for “in the case of a city or town” at the end, and deleted the former last sentence which read: “In no event shall any election of school board members take place prior to 1994”; in subsection B, in the first sentence of the fifth paragraph, inserted “or on June 30, as the case may be”, inserted “city or town,” and deleted “or on June 30 next following the first election of city or town school board members” at the end; in subsection C, in the first sentence, inserted “or July 1, as the case may be,” and deleted “in the case of a county and on July 1 following their election in the case of a city or town” at the end, in the second sentence, inserted “or June 30, as the case may be,” inserted “city or town,” and deleted “or on June 30 in the case of a city or town school board” preceding “terms of office”; and in subsection D, substituted “or July 1, as the case may be” for “in the case of a county school board, or July 1, in the case of a city or town school board” in the third sentence.

The 2006 amendments.

The 2006 amendment by c. 29 added subsection H.

The 2007 amendments.

The 2007 amendment by c. 100 deleted “having an even number of members” preceding “may appoint” in the first sentence of subsection H.

The 2010 amendments.

The 2010 amendment by c. 95, in subsection B, substituted “§§ 22.1-57.3:1 and 22.1-57.3:1.1” for “§ 22.1-57.3:1” at the end of the second paragraph and near the beginning of the fourth paragraph.

The 2011 amendments.

The 2011 amendment by c. 776 substituted “§§ 22.1-57.3:1, 22.1-57.3:1.1, and 22.1-57.3:1.2” for “§§ 22.1-57.3:1 and 22.1-57.3:1.1” in the second and fourth paragraphs of subsection B.

The 2014 amendments.

The 2014 amendment by c. 772, in subsection H, rewrote the first and second sentences, and added the third sentence.

OPINIONS OF THE ATTORNEY GENERAL

Employee of local school division cannot serve on the school board,

while employed by the school board. See opinion of Attorney General to The Honorable Dave Nutter, Member, House of Delegates, 10-048, 2010 Va. AG LEXIS 63 (9/10/10).

Board member called to active duty. —

School board member who is a reserve military officer being called into active service for a temporary deployment does not have the right to determine whether an appointment will be made to fill his temporarily vacant position, nor the right of approval over a temporary replacement. See opinion of Attorney General to The Honorable Richard H. Stuart, Member, Senate of Virginia, 16-049, 2016 Va. AG LEXIS 31 (12/9/16).

§ 22.1-57.3:1. Staggered terms of elected school boards in certain counties.

The school boards of Bath, Pulaski, and Rockbridge Counties shall be elected as provided in § 22.1-57.3 except that all members shall be elected for four-year terms and the school board elections shall alternate biennially between the election of three members and the election of the remaining two members to ensure staggered terms.

History. 1993, c. 878; 1994, c. 744; 2002, c. 74; 2022, c. 355.

Editor’s note.

This section, relating to the staggered terms of the elected school board in Rockbridge County, was enacted by Acts 1993, c. 878. In furtherance of the general policy of the Virginia Code Commission to include in the Code only provisions having general and permanent application, this section, which is limited in its purpose and scope, is not set out here, but attention is called to it by reference.

Acts 1994, c. 744, amended this section, pertaining to staggered terms of elected school boards, to extend its applicability to Loudoun and Pulaski Counties, contingent on adoption of the necessary ordinances in those localities.

Acts 2002, c. 74, further amended this section. It made the existing provisions of the section subsection A, applicable to Loudoun, Pulaski, and Rockbridge Counties, and added a subsection B, applying to Bath County, providing for a change to an elected school board contingent on adoption of a local ordinance and approval by local referendum.

The 2022 amendments.

The 2022 amendment by c. 355 rewrote this section, which deals with staggered terms of elected school boards in certain counties.

§ 22.1-57.3:1.1. Loudoun County school board; staggered terms.

The school board of Loudoun County shall be elected as provided in § 22.1-57.3, except that upon a majority vote of its members the terms of school board members may be staggered as provided in this section. At the November election immediately preceding the end of the board’s term, and upon the board’s prior vote for staggered terms, the members from four of the nine districts, inclusive of the at-large district, to be determined by lot by the electoral board of the county prior to its meeting immediately preceding the deadline for candidate filing, shall be elected for four-year terms, and the remaining districts’ successful candidates shall be elected for two-year terms.

Thereafter, all members shall be elected for four-year terms, and the school board elections shall be conducted biennially for staggered terms.

History. 2010, c. 95; 2021, Sp. Sess. I, c. 166; 2022, c. 355.

Editor’s Note.

Acts 2022, c. 798, cl. 1, effective July 1, 202, provides:

“§ 1. Notwithstanding any other provision of law to the contrary, the lot drawing conducted pursuant to § 22.1-57.3:1.1 of the Code of Virginia by the Loudoun County Electoral Board to determine the members of four of nine districts who will be elected to the Loudoun County School Board for four-year terms and the members of the remaining five districts who will be elected to the Loudoun County School Board for two-year terms to ensure the staggering of member terms for such school board shall be conducted at the electoral board’s first meeting of 2023 but no later than January 31, 2023.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 166, effective July 1, 2021, substituted “election immediately preceding the end of the board’s term, and upon the board’s prior vote for staggered terms, the members from four of the nine districts, inclusive of the at-large district” for “2011 general election, the at-large member and the members from four districts” in the second sentence.

The 2022 amendments.

The 2022 amendment by c. 355 substituted “The school board” for “Notwithstanding § 22.1-57.3:1 and the second enactment of Chapter 744 of the Acts of Assembly of 1994, the school board” in the first paragraph.

§ 22.1-57.3:1.2. Pittsylvania County school board; staggered terms.

The school board of Pittsylvania County shall be elected as provided in § 22.1-57.3, except that all members shall be elected for four-year terms and the school board elections shall alternate biennially between the election of the members from four districts and the election of the members from the remaining three districts to ensure staggered terms.

History. 2011, c. 776; § 1; § 1; 2022, c. 355.

The 2022 amendments.

The 2022 amendment by c. 355 rewrote the section, which read: “The school board of Pittsylvania County shall be elected as provided in § 22.1-57.3, except that upon a majority vote of its members the terms of school board members may be staggered as provided in this section. At the November 2011 general election, the members from four districts, to be determined by lot by the electoral board of the county as soon as practicable before the election, shall be elected for four-year terms and the remaining districts’ successful candidates shall be elected for two-year terms.

“Thereafter, all members shall be elected for four-year terms and the school board elections shall be conducted biennially for staggered terms.”

§ 22.1-57.3:2. (Repealed) Terms of school board members appointed to represent towns in Montgomery County

History. Repealed by 2022, c. 355.

§ 22.1-57.3:2.1. Appointment and terms of school board members for City of Williamsburg

Notwithstanding any provisions of this article to the contrary, the terms of school board members representing the City of Williamsburg shall be for terms of four years, with terms commencing on January 1.

History. 1998, cc. 125, 218; 2022, c. 355.

Editor’s note.

Acts 1998, c. 125, effective March 13, 1998, and c. 218, effective April 2, 1998, enacted this section, which relates to the appointment and terms of school board members representing the City of Williamsburg. In furtherance of the general policy of the Virginia Code Commission to include in the Code only provisions having general and permanent application, this section, which is limited to its purpose and scope, is not set out here, but attention is called to it by this reference.

The 2022 amendments.

The 2022 amendment by c. 355 deleted “appointed in 1995 and 1996 shall expire on December 31 in 1998 and 1999, respectively, and subsequent appointments for all Williamsburg school board members” following “City of Williamsburg.”

§ 22.1-57.3:3. Election of school board and chairman in certain counties.

  1. The provisions of this section shall be applicable in any county (i) that has the county executive form of government and that is contiguous to a county having the urban county executive form of government and (ii) in which the chairman of the board of supervisors is elected at large.
  2. Following a referendum in which the qualified voters of the county approve a change to an elected school board, the school board shall be elected as provided in § 22.1-57.3 except as otherwise provided in this section. One member of the school board shall be elected at large. All other members shall be elected from the same districts from which the members of the board of supervisors other than the chairman are elected. The member of the school board who is elected at large at the initial or any subsequent election shall be the chairman of the school board during his term of office notwithstanding the provisions of § 22.1-76.

History. 1995, c. 842; 2022, c. 355.

The 2022 amendments.

The 2022 amendment by c. 355 deleted “held in 1994 or thereafter” following “referendum” in subsection B; and made stylistic changes.

§ 22.1-57.4. Referendum to revert to appointment of the school board.

  1. By the same procedure and under the same requirements as provided in § 22.1-57.2, the registered voters of any county, city, or town which selects members of the school board by direct election of the voters may petition for, and the circuit court shall so order, a referendum on the question of changing from direct election of the school board to appointment of school board members by the governing body or, if the petition so states in the case of a county, by a school board selection commission.  The question on the ballot shall be:“Shall the method of selecting the school board be changed from direct election by the voters to appointment by the governing body (or, if the petition in a county so requests, a school board selection commission)?• YES• NO”
  2. If a majority of the qualified voters voting in such referendum vote in favor of changing the method of selecting school board members to appointment by the governing body or by a school board selection commission, as the case may be, the terms of the school board members in office through direct election shall terminate on June 30 following the referendum. A school board selection commission shall be appointed pursuant to § 22.1-35 if a majority have voted in the referendum for that selection method.  The members of the appointed school board shall be appointed for the terms and in the manner provided in the article of this chapter or the chapter of Title 15.2 applicable to the county, city, or town in which the referendum has been held.

History. 1992, c. 594.

§ 22.1-57.5. Limitation on time of holding subsequent referendum.

Following any referendum provided for in this article and regardless of its results, no other referendum provided for in this article shall be held within the same locality for the four years thereafter.

History. 1992, c. 594.

Chapter 6. Division Superintendents.

§ 22.1-58. Division superintendent required.

For each school division there shall be a division superintendent of schools.

History. 1980, c. 559.

CASE NOTES

Superintendent not a member or agent of school board. —

Under a former statute it was held that a division superintendent of schools was not a member of a county school board, nor was he ex officio the agent of the school board in matters regarding contracts for the erection or repairing of buildings. Legg v. County School Bd., 157 Va. 295 , 160 S.E. 60 , 1931 Va. LEXIS 320 (1931) (decided under prior law).

§ 22.1-59. Qualifications of superintendent.

The Board of Education shall prescribe by regulation the minimum qualifications for the position of division superintendent of schools and a copy of such regulations shall be furnished to all applicants.

History. Code 1950, § 22-31; 1980, c. 559.

CASE NOTES

History of section. —

See State Bd. of Educ. v. Carwile, 169 Va. 663 , 194 S.E. 855 , 1938 Va. LEXIS 241 (1938).

§ 22.1-60. Appointment and term of superintendent; certain contractual matters.

  1. The division superintendent of schools shall be appointed by the school board of the division from the entire list of eligibles certified by the State Board. All contract terms for superintendents shall expire on June 30. The division superintendent shall serve for an initial term of not less than two years nor more than four years. At the expiration of the initial term, the division superintendent shall be eligible to hold office for the term specified by the employing school board, not to exceed four years.Except as provided in subsection B, the division superintendent shall be appointed by the school board within 180 days after a vacancy occurs. In the event a school board appoints a division superintendent in accordance with the provisions of this section and the appointee seeks and is granted release from such appointment prior to assuming office, the school board shall be granted a 60-day period from the time of release within which to make another appointment.
  2. A school board that has not appointed a superintendent within 120 days of a vacancy shall submit a written report to the Superintendent of Public Instruction demonstrating its timely efforts to make an appointment. Upon request, a school board shall be granted up to an additional 180 days within which to appoint a division superintendent.
  3. No school board shall renegotiate a superintendent’s contract during the period following the election or appointment of new members and the date such members are qualified and assume office.
  4. Whenever a superintendent’s contract is being renegotiated, all members of the school board shall be notified at least 30 days in advance of any meeting at which a vote is planned on the renegotiated contract unless the members agree unanimously to take the vote without the 30 days’ notice. Each member’s vote on the renegotiated contract shall be recorded in the minutes of the meeting.

History. Code 1950, §§ 22-32, 22-33; 1954, c. 638; 1958, c. 44; 1970, c. 155; 1971, Ex. Sess., c. 225; 1972, c. 434; 1980, c. 559; 1983, c. 145; 1989, c. 550; 1992, c. 164; 1996, c. 759; 2002, cc. 165, 374; 2003, c. 866; 2018, c. 136.

Cross references.

As to membership in the Virginia Retirement System generally, see Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1.

The 2002 amendments.

The 2002 amendments by cc. 165 and 374 are virtually identical, and added the designation of subsection A and added subsection B. In addition, c. 374 includes the word “school” preceding “board” in subsection B and c. 165 includes the word “new” following “date such” in that subsection.

The 2003 amendments.

The 2003 amendment by c. 866 in the second paragraph of subsection A, substituted “60” for “sixty”, and added subsection C.

The 2018 amendments.

The 2018 amendment by c. 136, in the second paragraph of subsection A, inserted “Except as provided in subsection B” at the beginning; redesignated the former third paragraph of subsection A as subsection B and former subsections B and C as subsections C and D; and in subsection B, added the second sentence.

Law Review.

For article surveying developments in education law in Virginia, see 37 U. Rich. L. Rev. 89 (2002).

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 14.

CASE NOTES

Liability under 42 U.S.C. § 1983. —

Local governing bodies, including school boards and municipal officials in their official capacities, can be sued directly under 42 U.S.C. § 1983 for monetary, declaratory, or injunctive relief when alleged unconstitutional action executes governmental policy or custom. Flickinger v. School Bd., 799 F. Supp. 586, 1992 U.S. Dist. LEXIS 11704 (E.D. Va. 1992).

§ 22.1-60.1. Evaluation of superintendent.

Each local school board shall evaluate the division superintendent annually consistent with the performance objectives set forth in Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Administrators, and Superintendents as required by § 22.1-253.13:5.

History. 1999, cc. 1030, 1037; 2005, cc. 331, 450.

The 2005 amendments.

The 2005 amendments by cc. 331 and 450 are identical, and rewrote the section.

§ 22.1-61. When Board to appoint superintendent.

In the event that a school board fails to appoint a division superintendent within the time prescribed by § 22.1-60, the State Board shall appoint such division superintendent.

History. Code 1950, § 22-33; 1954, c. 638; 1972, c. 434; 1980, c. 559.

§ 22.1-62. Appointment of same person by two or more school divisions; approval of part-time superintendent by State Board.

  1. Any two or more school divisions may appoint the same person to be division superintendent.
  2. No person may be employed as a part-time division superintendent without the approval of the Board of Education.

History. Code 1950, §§ 22-32, 22-37; 1956, c. 633; 1958, c. 44; 1964, c. 428; 1966, c. 601; 1968, c. 454; 1970, cc. 155, 691; 1971, Ex. Sess., c. 225; 1972, c. 581; 1980, c. 559.

§ 22.1-63. Certain officers ineligible for or to hold office of superintendent.

  1. No member of the governing body of a county, city or town and no member of a school board shall be eligible for the office of division superintendent of schools in the school division in which he serves.
  2. No federal officer or employee, no state officer, except an officer appointed by the Governor, no state employee, no deputy of such officers, no officer or employee or the deputy of an officer of a city, county or town, no member of the governing body of a county, city or town, no member of a school board and no chairman of any political party shall be eligible to hold the office of division superintendent of schools.

History. Code 1950, § 22-35; 1954, c. 334; 1956, c. 620; 1980, c. 559.

§ 22.1-64. Oath of superintendent.

Every division superintendent, before entering upon the duties of office, shall take and subscribe the oath prescribed for an officer of this Commonwealth as provided in Chapter 1 (§ 49-1 et seq.) of Title 49 of this Code, and a certificate of the clerk of the court in which the oath is administered setting forth the qualification and its record shall be furnished the Superintendent of Public Instruction.

History. Code 1950, § 22-39; 1980, c. 559.

CIRCUIT COURT OPINIONS

No fiduciary duty. —

Demurrer of a county’s director of finance and budget was sustained, and the director was dismissed from the suit, because the director was only named in the count of the complaint that claimed she breached her fiduciary duty to the county, and she did not owe a fiduciary duty. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

§ 22.1-65. Punishment of division superintendents.

A division superintendent may be assessed a reasonable fine, suspended from office for a limited period or removed from office by either the Board of Education, upon recommendation of the Superintendent of Public Instruction or the school board of the division for sufficient cause. A division superintendent may appeal to the appropriate circuit court any decision of the Board of Education or school board to assess a fine against him or to suspend or remove him from office and shall be entitled to a trial de novo on such appeal of whether there was sufficient cause therefor.

History. Code 1950, § 22-40; 1980, c. 559; 1990, c. 517.

Cross references.

As to liability of a division superintendent who knowingly fails to comply or secure compliance with certain reporting requirements to the sanctions authorized in § 22.1-65, see § 22.1-279.3:1.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 16.

CASE NOTES

Trial de novo limited to question of sufficient cause. —

Although this section provides for a trial de novo, the statute also limits the trial de novo to the question whether a school board had sufficient cause to remove a superintendent. Bristol Va. School Bd. v. Quarles, 235 Va. 108 , 366 S.E.2d 82, 4 Va. Law Rep. 2039, 1988 Va. LEXIS 22 (1988).

Improper use of school funds by paying for wife’s travel expenses. —

Because he held the office of superintendent of schools, the superintendent knew or should have known that paying his spouse’s travel expenses was not authorized by law. Clearly, in using school funds for such a purpose, he failed in his duty to see that these funds were properly applied; therefore, the evidence supported the school board’s finding that superintendent of schools improperly expended school funds and under this section could remove him. Bristol Va. School Bd. v. Quarles, 235 Va. 108 , 366 S.E.2d 82, 4 Va. Law Rep. 2039, 1988 Va. LEXIS 22 (1988).

Dishonest intent not prerequisite to removal of superintendent for improper use of public funds. —

To constitute sufficient cause for school superintendent’s removal, the school board was not required to prove that he acted with dishonest intent. It was required to prove only that he knowingly used public funds for a purpose not authorized by law. Bristol Va. School Bd. v. Quarles, 235 Va. 108 , 366 S.E.2d 82, 4 Va. Law Rep. 2039, 1988 Va. LEXIS 22 (1988).

§ 22.1-66. Vacancy in office.

The office of any division superintendent, whether full-time or part-time, shall be deemed vacant upon his engaging in any other business or employment during his term of office as such superintendent unless such superintendent was granted prior approval by the school board or school boards appointing him, or upon his resignation or his removal from office.

History. Code 1950, § 22-38; 1971, Ex. Sess., c. 225; 1974, c. 191; 1980, c. 559.

§ 22.1-67. Expenses of superintendents.

Each school board shall provide for the necessary traveling and office expenses of the division superintendent. Detailed records of all such expenses shall be kept by the division superintendent.

History. Code 1950, § 22-37; 1956, c. 633; 1964, c. 428; 1966, c. 601; 1968, c. 454; 1970, c. 691; 1972, c. 581; 1980, c. 559; 1985, c. 324; 1988, c. 95.

CASE NOTES

Improper use of school funds by paying for wife’s travel expenses. —

Because he held the office of superintendent of schools, the superintendent knew or should have known that paying his spouse’s travel expenses was not authorized by law. Clearly, in using school funds for such a purpose, he failed in his duty to see that these funds were properly applied; therefore, the evidence supported the school board’s finding that superintendent of schools improperly expended school funds and under § 22.1-65 could remove him. Bristol Va. School Bd. v. Quarles, 235 Va. 108 , 366 S.E.2d 82, 4 Va. Law Rep. 2039, 1988 Va. LEXIS 22 (1988).

Dishonest intent not prerequisite to removal of superintendent for improper use of public funds. —

To constitute sufficient cause for school superintendent’s removal, the school board was not required to prove that he acted with dishonest intent. It was required to prove only that he knowingly used public funds for a purpose not authorized by law. Bristol Va. School Bd. v. Quarles, 235 Va. 108 , 366 S.E.2d 82, 4 Va. Law Rep. 2039, 1988 Va. LEXIS 22 (1988).

§ 22.1-68. Records.

Each division superintendent shall ensure that an accurate record of all receipts and disbursements of school funds and all statistical information which may be required by the State Board is kept.

History. Code 1950, § 22-36.1; 1980, c. 559.

§ 22.1-69. Superintendent to attend meetings.

The division superintendent or, in his absence or inability to attend, a person designated by him and approved by the school board shall be present at all meetings of the school board except that on affirmative vote of a majority of the members of the school board, attendance of the division superintendent or his designee may be dispensed with at a special meeting of the school board. If matters pertaining to the division superintendent personally are under discussion at any such meeting, he shall remain subject to the call of the school board.

History. Code 1950, § 22-49; 1973, c. 63; 1980, c. 559.

§ 22.1-70. Powers and duties of superintendent generally.

A division superintendent shall perform such other duties as may be prescribed by law, by the school board and by the State Board.

History. Code 1950, § 22-36; 1980, c. 559.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 16.

CASE NOTES

Use of judgment and discretion. —

A division superintendent of a public school system is a supervisory official who exercises powers involving a considerable degree of judgment and discretion. Banks v. Sellers, 224 Va. 168 , 294 S.E.2d 862, 1982 Va. LEXIS 279 (1982).

Liability under 42 U.S.C. § 1983. —

Local governing bodies, including school boards and municipal officials in their official capacities, can be sued directly under 42 U.S.C. § 1983 for monetary, declaratory, or injunctive relief when alleged unconstitutional action executes governmental policy or custom. Flickinger v. School Bd., 799 F. Supp. 586, 1992 U.S. Dist. LEXIS 11704 (E.D. Va. 1992).

Duties of division superintendent and high school principal compared. —

When the duties of the division superintendent and the high school principal are compared, it is apparent that the principal is, for his school, essentially a counterpart of the superintendent. Although the fundamental authority of a high school principal is diminished and restricted, the function is very similar. Banks v. Sellers, 224 Va. 168 , 294 S.E.2d 862, 1982 Va. LEXIS 279 (1982).

§ 22.1-70.1. Reports of certain ratios to local school boards.

The division superintendent shall report annually to the local school board regarding divisionwide ratios of students in average daily membership to full-time equivalent teaching positions. The report shall indicate, among other things, the ratio of regular classroom teachers, excluding resource teachers, to students in average daily membership in each of the grades for all public schools in the division. The ratio of regular classroom teachers, including resource teachers, to students in average daily membership in each of the grades for all public schools in the division shall be indicated separately in the same annual report.

History. 1998, c. 815.

§ 22.1-70.2. Acceptable Internet use policies for public and private schools.

  1. Every two years, each local school board shall review, amend if necessary, and approve the school division’s acceptable use policy for the Internet. At a minimum, the policy shall contain provisions that (i) are designed to prohibit use by division employees and students of the division’s computer equipment and communications services for sending, receiving, viewing, or downloading illegal material via the Internet; (ii) seek to prevent access by students to material that the school division deems to be harmful to juveniles as defined in § 18.2-390 ; (iii) select a technology for the division’s computers having Internet access to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1:1 and obscenity as defined in § 18.2-372 ; (iv) establish appropriate measures to be taken against persons who violate the policy; and (v) include a component on Internet safety for students that is integrated in a division’s instructional program. The policy may include such other terms, conditions, and requirements as deemed appropriate, such as requiring written parental authorization for Internet use by juveniles or differentiating acceptable uses among elementary, middle, and high school students.Each school division’s policy shall be posted on its website in accordance with § 22.1-253.13:7. Additionally, each local school division shall certify compliance with these requirements annually to the Department of Education.
  2. The superintendent shall take such steps as he deems appropriate to implement and enforce the division’s policy.
  3. In addition to the foregoing requirements regarding public school Internet use policies, the principal or other chief administrator of any private school that satisfies the compulsory school attendance law pursuant to § 22.1-254 and accepts federal funds for Internet access shall select a technology for its computers having Internet access to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1:1 and obscenity as defined in § 18.2-372 .
  4. The Superintendent of Public Instruction shall issue guidelines to school divisions regarding instructional programs related to Internet safety.

History. 1999, c. 64; 2001, c. 269; 2006, cc. 52, 474; 2010, c. 61.

The 2001 amendments.

The 2001 amendment by c. 269, in the second sentence of subsection A, substituted “Every two years, each” for “On or before December 1, 1999, and biennially thereafter,” substituted “that” for “which” preceding “(i)” and following “students to material” in clause (ii), added “as defined in § 18.2-390 ” at the end of clause (ii), added present clause (iii), and renumbered former clause (iii) as clause (iv); deleted “which may include, but are not limited to, the use of software programs designed to block access by (i) division employees and students to illegal material or (ii) students to material which is harmful to juveniles or (iii) both” at the end of subsection B; and added subsection D; and made minor punctuation changes.

The 2006 amendments.

The 2006 amendment by c. 52 added clause (v) in subsection A and made a related change; and added subsection E.

The 2006 amendment by c. 474 deleted “the international network of computer systems known as” preceding “the Internet” near the end of the first sentence in subsection A.

The 2010 amendments.

The 2010 amendment by c. 61 rewrote the first sentence and added the second paragraph of subsection A; and deleted former subsection C and redesignated the following subsections accordingly.

§ 22.1-70.3. (Expires July 1, 2025) Designation of teacher shortage areas.

Each division superintendent shall at least annually, if so requested by the local school board pursuant to subdivision 9 of § 22.1-79, survey the relevant local school division to identify critical shortages of (i) teachers and administrative personnel by subject matter and (ii) school bus drivers and report such critical shortages to the school board, Superintendent of Public Instruction, and to the Virginia Retirement System.

History. 2004, c. 563; 2020, cc. 379, 437.

Editor’s note.

Acts 2004, c. 563, cl. 2, provides: “That an emergency exists and this act is in force from its passage [April 12, 2004].”

Acts 2004, c. 563, cl. 3, as amended by Acts 2005, cc. 607 and 608, Acts 2009, c. 590, Acts 2015, c. 326, and Acts 2019, c. 765 provides: “That the provisions of this act shall expire on July 1, 2025.”

Acts 2005, cc. 605 and 606, also amended Acts 2004, c. 563, cl. 3, providing for a July 1, 2007, expiration date. This section has been set out above with a July 1, 2025, expiration date at the direction of the Virginia Code Commission.

The 2020 amendments.

The 2020 amendments by cc. 379 and 437 are identical, and inserted “and (ii) school bus drivers” and made a stylistic change.

Chapter 7. General Powers and Duties of School Boards.

§ 22.1-71. School board constitutes body corporate; corporate powers.

The duly appointed or elected members shall constitute the school board. Every such school board is declared a body corporate and, in its corporate capacity, is vested with all the powers and charged with all the duties, obligations and responsibilities imposed upon school boards by law and may sue, be sued, contract, be contracted with and, in accordance with the provisions of this title, purchase, take, hold, lease and convey school property, both real and personal. School board members appointed or elected by district or otherwise shall have no organization or duties except such as may be assigned to them by the school board as a whole.

History. Code 1950, §§ 22-63, 22-94; 1980, c. 559; 1998, c. 102.

Law Review.

For comment, “ ‘Working to the Contract’ in Virginia: Legal Consequences of Teachers’ Attempts to Limit Their Contractual Duties,” see 16 U. Rich. L. Rev. 449 (1982).

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 11.1.

CASE NOTES

Editor’s note.

Some of the cases below were decided under prior law.

Power to operate, maintain and supervise public schools in Virginia is, and has always been, within the exclusive jurisdiction of the local school boards and not within the jurisdiction of the State Board of Education. Bradley v. School Bd., 462 F.2d 1058, 1972 U.S. App. LEXIS 9202 (4th Cir. 1972), aff'd, 412 U.S. 92, 93 S. Ct. 1952, 36 L. Ed. 2d 771, 1973 U.S. LEXIS 68 (1973).

Governmental immunity. —

School boards partake of the sovereignty of the State with regard to immunity from tort liability. Kellam v. School Bd., 202 Va. 252 , 117 S.E.2d 96, 1960 Va. LEXIS 214 (1960).

The fact that this section provides that school boards “may sue” and “be sued” does not affect their governmental immunity for tortious personal injury. Kellam v. School Bd., 202 Va. 252 , 117 S.E.2d 96, 1960 Va. LEXIS 214 (1960).

In a case in which a reporter asserted a state law claim for defamation against a county school board, the board was immune from suit for tort claims, which included the reporter’s defamation claim. Cole v. Buchanan County Sch. Bd., 661 F. Supp. 2d 569, 2009 U.S. Dist. LEXIS 101811 (W.D. Va. 2009).

In a 42 U.S.C.S. § 1983 case in which a reporter sued a county board of education for monetary damages and injunctive relief, asserting that they had violated his First and Fourteenth Amendment rights by retaliating against him for publicly criticizing the board and its members, the board unsuccessfully moved for summary judgment, arguing that it could not be sued for damages by virtue of the Eleventh Amendment. A judgment would not have to be paid from the state’s treasury; while the board received money from the state and it had to follow statewide rules regarding aspects of course curriculum or annual budgets, those factors did not shift the balance toward a finding of sovereign immunity. Cole v. Buchanan County Sch. Bd., 661 F. Supp. 2d 569, 2009 U.S. Dist. LEXIS 101811 (W.D. Va. 2009).

Suit by board must be brought in corporate name. —

A suit to recover a fund belonging to the county school board must be brought in its corporate name. A suit by persons styling themselves the directors of the county school board of their county cannot be maintained. Stewart v. Thornton, 75 Va. 215 , 1881 Va. LEXIS 6 (1881).

State not necessary party to litigation involving local school board. —

See United States v. County Sch. Bd., 221 F. Supp. 93, 1963 U.S. Dist. LEXIS 7737 (E.D. Va. 1963).

Board can act only through duly authorized agents. —

A local school board, as with other bodies corporate, can act only through its duly authorized agents and, of necessity, must delegate responsibility for the day to day operation of schools to its agents and employees. Pleasants v. Commonwealth, 214 Va. 646 , 203 S.E.2d 114, 1974 Va. LEXIS 192 (1974).

Liability under 42 U.S.C. § 1983. —

Local governing bodies, including school boards and municipal officials in their official capacities, can be sued directly under 42 U.S.C. § 1983 for monetary, declaratory, or injunctive relief when alleged unconstitutional action executes governmental policy or custom. Flickinger v. School Bd., 799 F. Supp. 586, 1992 U.S. Dist. LEXIS 11704 (E.D. Va. 1992).

Whether viewed as arms of the county or state government or as independent subdivisions of the State, county school boards are not “persons” within the meaning of 42 U.S.C. § 1983 and are not proper defendants in a suit under that statute and its jurisdictional counterpart. Likewise, for 42 U.S.C. § 1983 purposes, there is no distinction in principle between a county school board and the persons in their official capacities of whom it is comprised. Jones v. Dinwiddie County Sch. Bd., 373 F. Supp. 1105, 1974 U.S. Dist. LEXIS 9026 (E.D. Va. 1974). But see Flickinger v. School Bd., 799 F. Supp. 586, 1992 U.S. Dist. LEXIS 11704 (E.D. Va. 1992).

Supervision of schools vested in school boards. —

Summary judgment in favor of plaintiffs was reversed as the city could not be required to fund a federal court order mandating the system-wide retrofitting of city schools, under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.S. §§ 12131-34, without any determination that the city discriminated against or otherwise excluded plaintiffs from its services and activities; to impose a funding obligation on the city in the absence of any underlying finding of liability disrespected the long-standing structure of local government and impaired the Commonwealth’s ability to structure its state institutions and run its schools. The settlement terms ultimately reached by plaintiffs and the school board as a result of arms-length negotiation were obligations on the school board’s part and it could present whatever ADA duties it had, not only to the city, but also to other funding entities. Bacon v. City of Richmond, 475 F.3d 633, 2007 U.S. App. LEXIS 1404 (4th Cir. 2007).

Right to contract does not expressly confer right to arbitrate. —

Both the Public Procurement Act, former § 11-35 et seq. [see now § 2.2-4300 et seq.], and former § 15.1-508 [see now § 15.2-1404 ] confirm that the Virginia General Assembly does not consider the grant of a right to contract as expressly conferring a right to agree to arbitrate. W.M. Schlosser Co. v. School Bd., 980 F.2d 253, 1992 U.S. App. LEXIS 30278 (4th Cir. 1992), cert. denied, 508 U.S. 909, 113 S. Ct. 2340, 124 L. Ed. 2d 251, 1993 U.S. LEXIS 3243 (1993).

Power to bargain collectively not conferred on local boards. —

Recent Virginia history of public employee collective bargaining is persuasive, if not conclusive, that the General Assembly, the source of legislative intent with regard to the powers of boards to enter into contracts and to hire employees and fix the terms and conditions of their employment, has never conferred upon local boards, by implication or otherwise, the power to bargain collectively and that express statutory authority, so far withheld, is necessary to confer the power. Commonwealth v. County Bd., 217 Va. 558 , 232 S.E.2d 30, 1977 Va. LEXIS 204 (1977).

To the extent that the policies of a county board and school board permit collective bargaining and collective bargaining agreements with recognized labor organizations, the policies are invalid, and because the contracts entered into are the products of such collective bargaining, the agreements are void. Commonwealth v. County Bd., 217 Va. 558 , 232 S.E.2d 30, 1977 Va. LEXIS 204 (1977).

School boards are subject to statutes of limitation, since they are incorporated within the meaning of the former second sentence of § 8.01-231 , excepting from that section agencies “incorporated for charitable or educational purposes.” County School Bd. v. Whitlow, 223 Va. 157 , 286 S.E.2d 230, 1982 Va. LEXIS 183 (1982).

CIRCUIT COURT OPINIONS

Sovereign immunity. —

Sovereign immunity protection provided to a school board, as an agency or arm of the Commonwealth, for tort claims encompasses quasi-contract claims as well, and neither the common law obligation of the Commonwealth to abide by its contracts nor the statute subjects the Commonwealth to quasi-contract claims of unjust enrichment and quantum meruit; these causes of action are not subject to the theories and remedies of contract law nor are they “immixed” with contract or “arise therefrom.” Akian, Inc. v. Spotsylvania Cty. Pub. Schs, 100 Va. Cir. 80, 2018 Va. Cir. LEXIS 329 (Spotsylvania County Sept. 21, 2018).

County public school’s plea in bar of sovereign immunity was granted because a contractor’s unjust enrichment and quantum meruit causes of action were barred by the doctrine of sovereign immunity. Akian, Inc. v. Spotsylvania Cty. Pub. Schs, 100 Va. Cir. 80, 2018 Va. Cir. LEXIS 329 (Spotsylvania County Sept. 21, 2018).

OPINIONS OF THE ATTORNEY GENERAL

County school board does not have authority to prohibit the possession of firearms

at school board meetings that are not held on school property. See opinion of Attorney General to Mr. James E. Barnett, County Attorney for York County, 06-072, 2007 Va. AG LEXIS 3 (1/29/07).

Rules of School Board restricting speech at public meetings. —

Certain rules of School Board restricting the speech of speakers at public meetings violate the free speech rights of speakers; the Board may not constitutionally bar speakers from discussing personnel issues or identifying individual school employees or officials during public session. See opinion of Attorney General to The Honorable Richard L (Rick) Morris, Member, House of Delegates, 15-020, 2016 Va. AG LEXIS 5 (4/15/16).

School construction financing. —

School Board’s potential lease of a school facility in connection with the financing of the school’s construction pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002, would not be considered a debt of the city subject to the limitations of Article VII, § 10 of the Constitution of Virginia. See opinion of Attorney General to The Honorable Israel O’Quinn, Member, House of Delegates, and The Honorable Charles W. Carrico Sr., Member, Senate of Virginia, 18-055, 2018 Va. AG LEXIS 17 (11/2/18).

§ 22.1-72. Annual organizational meetings of school boards.

Each school board shall hold its annual organizational meeting for the purpose of establishing its regular meeting schedule for the ensuing year as follows: (i) in January or July, if the school board serves a city or town constituting a school division, regardless of whether its members are appointed or elected or any combination thereof; (ii) in July, if the school board serves a county constituting a school division and its members are solely appointed; or (iii) in January or July, if the school board serves a county constituting a school division and its members are elected in whole or in part.

A school board may also hold special meetings when necessary. Each school board shall fix its own procedure for calling and holding any special meeting.

History. Code 1950, §§ 22-45, 22-46, 22-97; 1954, c. 291; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559; 1995, c. 74; 2002, cc. 222, 231.

The 2002 amendments.

The 2002 amendments by cc. 222 and 231 are identical, and inserted “January or” in clause (i) in the first paragraph.

§ 22.1-73. Quorum.

At any meeting of a school board a majority of such board shall constitute a quorum.

History. Code 1950, § 22-51; 1980, c. 559.

§ 22.1-74. Minutes of meetings.

The minutes of all school board meetings shall be signed by the chairman and clerk.

History. Code 1950, § 22-52; 1980, c. 559.

§ 22.1-75. Procedure in case of tie vote.

In any case in which there is a tie vote of the school board of any school division when all the members are not present, the question shall be passed by until the next meeting when it shall again be voted upon even though all members are not present. In any case in which there is a tie vote on any question after complying with this procedure or in any case in which there is a tie vote when all the members of the school board are present, the proceedings thereon shall be in conformity with the proceedings prescribed below, except that the tie breaker, if any, appointed pursuant to § 15.2-410 , 15.2-531 , 15.2-837 , 22.1-40, 22.1-44, or 22.1-47, or elected pursuant to § 15.2-627 or 22.1-57.3, whichever is applicable, shall cast the deciding vote.

In any case in which there is a tie vote of the school board, the clerk shall record the vote; immediately notify the tie breaker to vote; and request his presence, if practicable, at the present meeting of the board. However, if that is not practicable, the board may adjourn to a day fixed in the minutes of the board or, in case of a failure to agree on a day, to a day the clerk fixes and enters in the minutes. At the present meeting or on the day named in the minutes, the tie breaker shall attend. He shall be entitled to be fully advised on the matter upon which he is to vote. If not prepared to vote at the time, he may require the clerk to enter an order adjourning the meeting to some future day, not to exceed thirty days, to be named in the minutes. He may have continuances, not to exceed thirty days, entered until he is ready to vote. When he votes, the clerk shall record his vote; the tie shall be broken; and the question shall be decided as he votes. If a meeting for any reason is not held on the day named in the minutes, the clerk shall enter on the minute book a day within ten days as a substitute day and notify all the members, and this shall continue until a meeting is held. After a tie has occurred, the tie breaker shall be considered a member of the board for the purpose of counting a quorum for the sole purpose of breaking the tie.

History. Code 1950, § 22-70; 1972, c. 129; 1980, c. 559; 1981, c. 246; 1995, c. 56; 2006, c. 29; 2007, c. 100; 2014, c. 772.

Editor’s note.

Acts 2014, c. 772, cl. 2 provides: “That the provisions of this act shall not be construed to affect the term of any tie breaker appointed by an elected school board prior to July 1, 2014.”

The 2006 amendments.

The 2006 amendment by c. 29, in the last sentence of the first paragraph, deleted “§ ” preceding “15.2-410” and “or § ” preceding “22.1-47” and inserted “or 22.1-57.3” thereafter.

The 2007 amendments.

The 2007 amendment by c. 100 deleted “in a county” following “school division” in the first sentence of the first paragraph.

The 2014 amendments.

The 2014 amendment by c. 772 deleted “15.2-627” following “15.2-531” in the first paragraph, inserted “elected pursuant to § 15.2-627 or” and made a related change. For applicability, see Editor’s note.

§ 22.1-76. Chairman; clerk; vice-chairman; deputy clerk; terms; compensation and bonds of clerk and deputy clerk; officers ineligible to serve as clerk and deputy clerk; approval of division superintendent’s designee.

  1. Except as provided in § 22.1-57.3:3, at its annual meeting each school board shall elect one of its members as chairman, shall approve a designee of the division superintendent to attend meetings of the school board in the absence or inability to attend of the superintendent and on recommendation of the division superintendent shall appoint a clerk of the school board. The school board may also elect one of its members as vice-chairman and may appoint a deputy clerk who shall be empowered to act in all matters in case of the absence or inability to act of the chairman or clerk, respectively, or as otherwise provided by resolution of the school board. The term of the chairman, clerk and any vice-chairman and deputy clerk shall be one year.
  2. The school board shall fix the compensation of the clerk and any deputy clerk.
  3. The school board shall require the clerk and any deputy clerk each to furnish a corporate surety bond conditioned upon the faithful performance and discharge of his duties as such. The school board shall fix the amount of each bond which shall not be less than $10,000. The premium for each bond shall be paid by the school board.
  4. No mayor, member of the governing body, other officer or deputy officer of a city, town or county, other than the division superintendent, shall be eligible for appointment as clerk or deputy clerk of a school board in such city, town or county.

History. Code 1950, §§ 22-48, 22-48.1, 22-48.2, 22-71, 22-98; 1952, cc. 280, 593; 1954, c. 638; 1980, c. 559; 1995, c. 842.

§ 22.1-77. Duties of clerk.

The clerk of the school board shall keep in a separate volume the minutes of the meetings of the school board, including all bids submitted on any building, material, supplies, work, or project to be let to contract by such school board, and in another volume a receipt and disbursement record as prescribed by the Board of Education and shall keep on file vouchers, contracts, and other official papers. They shall be subject to such periodic examinations as shall be prescribed or approved by the Board of Education. The clerk may keep such volumes, vouchers, contracts, and other official papers electronically. The clerk shall discharge, under the general direction of the division superintendent, such other duties in connection with the business of the school division as may be required of him by the school board or the Board of Education.

History. Code 1950, § 22-53; 1980, c. 559; 2015, cc. 330, 388.

The 2015 amendments.

The 2015 amendments by cc. 330 and 388 are identical, and added the third sentence.

§ 22.1-78. Bylaws and regulations.

A school board may adopt bylaws and regulations, not inconsistent with state statutes and regulations of the Board of Education, for its own government, for the management of its official business and for the supervision of schools, including but not limited to the proper discipline of students, including their conduct going to and returning from school.

History. Code 1950, §§ 22-72, 22-96, 22-97; 1954, cc. 289, 291; 1956, Ex. Sess., c. 60; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1968, c. 501; 1970, c. 71; 1971, Ex. Sess., c. 161; 1972, c. 511; 1975, cc. 308, 328; 1980, c. 559.

Law Review.

For comment, “ ‘Working to the Contract’ in Virginia: Legal Consequences of Teachers’ Attempts to Limit Their Contractual Duties,” see 16 U. Rich. L. Rev. 449 (1982).

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 22.

CASE NOTES

Liability of school boards under 42 U.S.C. § 1983. —

Local governing bodies, including school boards and municipal officials in their official capacities, can be sued directly under 42 U.S.C. § 1983 for monetary, declaratory, or injunctive relief when alleged unconstitutional action executes governmental policy or custom. Flickinger v. School Bd., 799 F. Supp. 586, 1992 U.S. Dist. LEXIS 11704 (E.D. Va. 1992).

The delegation of power to the school board includes the function of adopting and applying local policies, rules, and regulations for the supervision of the schools, including the management of a teaching staff. Underwood v. Henry County Sch. Bd., 245 Va. 127 , 427 S.E.2d 330, 9 Va. Law Rep. 904, 1993 Va. LEXIS 47 (1993).

School board’s authority. —

Supreme Court held that a local school board did not have the authority to adopt a policy requiring parents to provide a birth certificate and proof of residence in the county for any child who is homeschooled pursuant to § 22.1-78 because that statute only allows school boards to adopt regulations for the supervision of public schools. The school board was enjoined from enforcing the policy. Sosebee v. Franklin Cty. Sch. Bd., 299 Va. 17 , 843 S.E.2d 367, 2020 Va. LEXIS 62 (2020).

It is clear that a school board’s authority under § 22.1-78 to adopt regulations “for the supervision of schools” means for the supervision of public schools, not home instruction. Sosebee v. Franklin Cty. Sch. Bd., 299 Va. 17 , 843 S.E.2d 367, 2020 Va. LEXIS 62 (2020).

CIRCUIT COURT OPINIONS

Violation of regulations. —

Parents of gifted public school students were entitled to an injunction against a school board because they sufficiently alleged that they and their child were immediately or imminently affected by a school board decision to remove standardized testing as a prerequisite for admission to a Governor’s School since Governor’s Schools were, by definition, programs developed solely for gifted students, the elimination of the standardized tests, and the failure to replace those tests with other equivalent testing, allowed a cause of action for invoking judicial review since such actions might, in addition to violating promulgated regulations, violate the statutory prohibition against adopting policies in contravention of promulgated regulations. KC v. Fairfax Cty. Sch. Bd., 2021 Va. Cir. LEXIS 13 (Fairfax County Jan. 21, 2021).

OPINIONS OF THE ATTORNEY GENERAL

Discrimination. —

Because the power to protect students and employees from discrimination in the public school system is a power fairly implied from the express grant of authority to school boards under Article VIII, § 7 of the Constitution of Virginia and from the specific authority granted to boards by the General Assembly in §§ 22.1-28, 22.1-78 and 22.1-253.13:7, the Dillon Rule does not prevent school boards from amending their antidiscrimination policies to prohibit discrimination on the basis of sexual orientation and gender identity. See opinion of Attorney General to The Honorable Adam P. Ebbin, Member, Senate of Virginia, No. 14-080, 2015 Va. AG LEXIS 9 (3/4/15).

School safety. —

Virginia law authorizes school resource officers and certain school security officers to possess firearms on public school grounds as school safety personnel, but such authority is not extended to teachers and administrators. See opinion of Attorney General to Ms. Shannon Dion, Director, Virginia Department of Criminal Justice Services, 18-042, (8/28/2018).

Freedom of Information Act requests. —

A School Board’s policy, which states that if “considerable work or time is required to generate information requested from the administration by a Board Member,” then the Virginia Freedom of Information Act (VFOIA) request must be denied unless the full Board endorses the request, is in conflict with VFOIA. See opinion of Attorney General to The Honorable Clinton Jenkins, Member, Virginia House of Delegates, 20-036, (9/18/20).

§ 22.1-79. Powers and duties.

A school board shall:

  1. See that the school laws are properly explained, enforced and observed;
  2. Secure, by visitation or otherwise, as full information as possible about the conduct of the public schools in the school division and take care that they are conducted according to law and with the utmost efficiency;
  3. Care for, manage and control the property of the school division and provide for the erecting, furnishing, equipping, and noninstructional operating of necessary school buildings and appurtenances and the maintenance thereof by purchase, lease, or other contracts;
  4. Provide for the consolidation of schools or redistricting of school boundaries or adopt pupil assignment plans whenever such procedure will contribute to the efficiency of the school division;
  5. Insofar as not inconsistent with state statutes and regulations of the Board of Education, operate and maintain the public schools in the school division and determine the length of the school term, the studies to be pursued, the methods of teaching and the government to be employed in the schools;
  6. In instances in which no grievance procedure has been adopted prior to January 1, 1991, establish and administer by July 1, 1992, a grievance procedure for all school board employees, except the division superintendent and those employees covered under the provisions of Article 2 (§ 22.1-293 et seq.) and Article 3 (§ 22.1-306 et seq.) of Chapter 15 of this title, who have completed such probationary period as may be required by the school board, not to exceed 18 months. The grievance procedure shall afford a timely and fair method of the resolution of disputes arising between the school board and such employees regarding dismissal or other disciplinary actions, excluding suspensions, and shall be consistent with the provisions of the Board of Education’s procedures for adjusting grievances. Except in the case of dismissal, suspension, or other disciplinary action, the grievance procedure prescribed by the Board of Education pursuant to § 22.1-308 shall apply to all full-time employees of a school board, except supervisory employees;
  7. Perform such other duties as shall be prescribed by the Board of Education or as are imposed by law;
  8. Obtain public comment through a public hearing not less than 10 days after reasonable notice to the public in a newspaper of general circulation in the school division prior to providing (i) for the consolidation of schools; (ii) the transfer from the public school system of the administration of all instructional services for any public school classroom or all noninstructional services in the school division pursuant to a contract with any private entity or organization; or (iii) in school divisions having 15,000 pupils or more in average daily membership, for redistricting of school boundaries or adopting any pupil assignment plan affecting the assignment of 15 percent or more of the pupils in average daily membership in the affected school. Such public hearing may be held at the same time and place as the meeting of the school board at which the proposed action is taken if the public hearing is held before the action is taken. If a public hearing has been held prior to the effective date of this provision on a proposed consolidation, redistricting or pupil assignment plan which is to be implemented after the effective date of this provision, an additional public hearing shall not be required;
  9. (Expires July 1, 2025)  At least annually, survey the school division to identify critical shortages of (i) teachers and administrative personnel by subject matter and (ii) school bus drivers and report such critical shortages to the Superintendent of Public Instruction and to the Virginia Retirement System; however, the school board may request the division superintendent to conduct such survey and submit such report to the school board, the Superintendent, and the Virginia Retirement System; and
  10. Ensure that the public schools within the school division are registered with the Department of State Police to receive from the State Police electronic notice of the registration, reregistration, or verification of registration information of any person required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 within that school division pursuant to § 9.1-914 .

History. Code 1950, §§ 22-72, 22-97; 1954, cc. 289, 291; 1956, Ex. Sess., c. 60; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1968, c. 501; 1970, c. 71; 1971, Ex. Sess., c. 161; 1972, c. 511; 1975, cc. 308, 328; 1980, c. 559; 1985, c. 8; 1987, c. 402; 1991, cc. 553, 668; 1994, c. 596; 1996, cc. 485, 790, 798; 1997, c. 382; 2004, c. 563; 2006, cc. 857, 914; 2009, c. 459; 2013, cc. 588, 650; 2020, cc. 379, 437, 829.

Editor’s note.

Acts 2004, c. 563, cl. 3, as amended by Acts 2005, cc. 607 and 608, Acts 2009, c. 590, Acts 2015, c. 326, and Acts 2019, c. 765 provides: “That the provisions of this act shall expire on July 1, 2025.”

Acts 2005, cc. 605 and 606, also amended Acts 2004, c. 563, cl. 3, providing for a July 1, 2007, expiration date. Subdivision 9 has been set out above with a July 1, 2025, expiration date at the direction of the Virginia Code Commission.

Acts 2020, c. 829, cl. 2 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

Acts 2020, Sp. Sess. I, c. 9, effective October 21, 2020, provides: “Each school board, as that term is defined in § 22.1-1 of the Code of Virginia, shall post in a publicly accessible and conspicuous location on its website the plan outlining its strategies for mitigating the spread and public health risk of the COVID-19 virus, consistent with the Centers for Disease Control and Prevention and Virginia Department of Health mitigation recommendations, that the school board is required to submit to the Department of Education before reopening schools in accordance with Phase II and III guidelines pursuant to the June 8, 2020, order of the State Health Commissioner.”

Acts 2021, Sp. Sess. I, c. 456, cl. 1 provides: Ҥ 1. As used in this act:

“In-person instruction” means any form of instructional interaction between teachers and students that occurs in person and in real time.

“In-person instruction” does not include the act of proctoring remote online learning in a classroom.

Ҥ 2. Each school board shall offer in-person instruction to each student enrolled in the local school division in a public elementary and secondary school for at least the minimum number of required instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program. For the purposes of this act, each school board shall (i) adopt, implement, and, when appropriate, update specific parameters for the provision of in-person instruction and (ii) provide such in-person instruction in a manner in which it adheres, to the maximum extent practicable, to any currently applicable mitigation strategies for early childhood care and education programs and elementary and secondary schools to reduce the transmission of COVID-19 that have been provided by the federal Centers for Disease Control and Prevention.

“§ 3. Notwithstanding the provisions of § 2 of this act:

“1. If a local school board determines, in collaboration with the local health department and in strict adherence to ‘Step 2: Determine the Level of School Impact‘ in the Department of Health’s Interim Guidance to K-12 School Reopening or any similar provision in any successor guidance document published by the Department of Health, that the transmission of COVID-19 within a school building is at a high level, the local school board may provide fully remote virtual instruction or a combination of in-person instruction and remote virtual instruction to the at-risk groups of students indicated as the result of such collaboration or, if needed, the whole student population in the school building, but in each instance only for as long as it is necessary to address and ameliorate the level of transmission of COVID-19 in the school building.

“2. Any local school board may, for any period during which the Governor’s declaration of a state of emergency due to the COVID-19 pandemic is in effect, provide fully remote virtual instruction to any enrolled student upon the request of such student’s parent, guardian, or legal custodian.

“3. Any local school board may permit any teacher who is required to isolate as the result of a COVID-19 infection and any teacher who is required to quarantine as the result of exposure to another individual with a COVID-19 infection to teach from a remote location and in a fully virtual manner for the duration of such period of isolation or quarantine, consistent with the mitigation strategies as set forth in § 2 of this act.

“4. Any teacher or other school staff member who is permitted to perform any job function from a remote location or in a fully virtual manner as a reasonable accommodation pursuant to Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12111 et seq.) shall be permitted to continue to perform any such job function in such a manner.

Ҥ 4. The Department of Education shall establish benchmarks for successful virtual learning and guidelines for providing interventions to students who fail to meet such benchmarks and for transitioning such students back to in-person instruction.

“§ 5. All teachers and school staff shall be offered access to receive an approved COVID-19 vaccination through their relevant local health district.”

“In-person instruction” does not include the act of proctoring remote online learning in a classroom.

Ҥ 2. Each school board shall offer in-person instruction to each student enrolled in the local school division in a public elementary and secondary school for at least the minimum number of required instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program. For the purposes of this act, each school board shall (i) adopt, implement, and, when appropriate, update specific parameters for the provision of in-person instruction and (ii) provide such in-person instruction in a manner in which it adheres, to the maximum extent practicable, to any currently applicable mitigation strategies for early childhood care and education programs and elementary and secondary schools to reduce the transmission of COVID-19 that have been provided by the federal Centers for Disease Control and Prevention.

“§ 3. Notwithstanding the provisions of § 2 of this act:

“1. If a local school board determines, in collaboration with the local health department and in strict adherence to ‘Step 2: Determine the Level of School Impact‘ in the Department of Health’s Interim Guidance to K-12 School Reopening or any similar provision in any successor guidance document published by the Department of Health, that the transmission of COVID-19 within a school building is at a high level, the local school board may provide fully remote virtual instruction or a combination of in-person instruction and remote virtual instruction to the at-risk groups of students indicated as the result of such collaboration or, if needed, the whole student population in the school building, but in each instance only for as long as it is necessary to address and ameliorate the level of transmission of COVID-19 in the school building.

“2. Any local school board may, for any period during which the Governor’s declaration of a state of emergency due to the COVID-19 pandemic is in effect, provide fully remote virtual instruction to any enrolled student upon the request of such student’s parent, guardian, or legal custodian.

“3. Any local school board may permit any teacher who is required to isolate as the result of a COVID-19 infection and any teacher who is required to quarantine as the result of exposure to another individual with a COVID-19 infection to teach from a remote location and in a fully virtual manner for the duration of such period of isolation or quarantine, consistent with the mitigation strategies as set forth in § 2 of this act.

“4. Any teacher or other school staff member who is permitted to perform any job function from a remote location or in a fully virtual manner as a reasonable accommodation pursuant to Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12111 et seq.) shall be permitted to continue to perform any such job function in such a manner.

Ҥ 4. The Department of Education shall establish benchmarks for successful virtual learning and guidelines for providing interventions to students who fail to meet such benchmarks and for transitioning such students back to in-person instruction.

“§ 5. All teachers and school staff shall be offered access to receive an approved COVID-19 vaccination through their relevant local health district.”

Acts 2021, Sp. Sess. I, c. 456, cl. 2 provides: “That in order to facilitate the implementation of § 3 of the first enactment of this act, the Department of Health shall maintain a guidance document for K-12 school reopening that contains metrics for determining whether transmission of COVID-19 within public school buildings is at a low, medium, or high level.”

Acts 2021, Sp. Sess. I, c. 456, cl. 3 provides: “That the provisions of this act shall expire on August 1, 2022.”

The 2004 amendments.

The 2004 amendment by c. 563, effective April 12, 2004, substituted “18” for “eighteen” in subdivision 6; in subdivision 8, substituted “10” for “ten” and “15” for “fifteen”; added subdivision 9 and made related changes. For expiration date, see Editor’s note.

The 2006 amendments.

The 2006 amendments by cc. 857 and 914 are identical, and added subdivision 10 and made related changes.

The 2009 amendments.

The 2009 amendment by c. 459, in subdivision 6, in the second sentence, deleted “suspension” following “dismissal” and inserted “excluding suspensions,” added the last sentence and made a related change.

The 2013 amendments.

The 2013 amendments by cc. 588 and 650 are identical, and deleted “except that there shall be no right to a hearing before a fact-finding panel” at the end of the second sentence in subdivision 6.

The 2020 amendments.

The 2020 amendments by cc. 379 and 437 are identical, and in subdivision 9, inserted “and (ii) school bus drivers” and made stylistic changes.

The 2020 amendment by c. 829 deleted “or” preceding “reregistration,” inserted “or verification of registration information” following “reregistration,” and substituted “person required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1” for “sex offender” in subdivision 10.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 13.

CASE NOTES

Liability of school boards under 42 U.S.C. § 1983. —

Local governing bodies, including school boards and municipal officials in their official capacities, can be sued directly under 42 U.S.C. § 1983 for monetary, declaratory, or injunctive relief when alleged unconstitutional action executes governmental policy or custom. Flickinger v. School Bd., 799 F. Supp. 586, 1992 U.S. Dist. LEXIS 11704 (E.D. Va. 1992).

It is not the function of a city council to determine what schools or grades should be operated as a part of the school system of the city. That is a function exclusively reserved to the school board. James v. Duckworth, 170 F. Supp. 342, 1959 U.S. Dist. LEXIS 3722 (D. Va.), aff'd, 267 F.2d 224, 1959 U.S. App. LEXIS 3861 (4th Cir. 1959) (decided under prior law).

Grievance procedure not applicable. —

Even though subdivision 6 of § 22.1-79 provided a grievance procedure, that statute did not apply to the school principal’s suspension, as an exception to application of that statute applied to him, and thus, he was not covered by it in a case where he sought a grievance hearing from his suspension as a high school principal. Tazewell County Sch. Bd. v. Brown, 267 Va. 150 , 591 S.E.2d 671, 2004 Va. LEXIS 19 (2004).

Power to bargain collectively not conferred on local boards. —

Recent Virginia history of public employee collective bargaining is persuasive, if not conclusive, that the General Assembly, the source of legislative intent with regard to the powers of boards to enter into contracts and to hire employees and fix the terms and conditions of their employment, has never conferred upon local boards, by implication or otherwise, the power to bargain collectively and that express statutory authority, so far withheld, is necessary to confer the power. Commonwealth v. County Bd., 217 Va. 558 , 232 S.E.2d 30, 1977 Va. LEXIS 204 (1977) (decided under prior law).

To the extent that the policies of a county board and school board permit collective bargaining and collective bargaining agreements with recognized labor organizations, the policies are invalid, and because the contracts entered into are the products of such collective bargaining, the agreements are void. Commonwealth v. County Bd., 217 Va. 558 , 232 S.E.2d 30, 1977 Va. LEXIS 204 (1977) (decided under prior law).

CIRCUIT COURT OPINIONS

Authority to assign pupils. —

School board’s transfer of a student from one school to another pursuant to its authority under subdivision 4 of § 22.1-79 as a result of an altercation was upheld under § 22.1-87 because there was an evidentiary basis for the board’s decision; based on an eyewitness account, the student’s self-defense claim was debatable. Carney v. City of Richmond, 72 Va. Cir. 250, 2006 Va. Cir. LEXIS 310 (Richmond Nov. 13, 2006).

Redistricting plans. —

Although a parent was displeased with a redistricting plan adopted by a school board and personal animus might have been present in the interaction between the staff, the board, and the public, there was no evidence that the board’s decision lacked a rational and good faith foundation or violated subdivision 4 of § 22.1-79 or the board’s bylaws. Dekenipp v. Loudoun County Sch. Bd., 2012 Va. Cir. LEXIS 64 (Loudoun County Aug. 20, 2012).

Parents of elementary school students who sued the school board were unsuccessful in their attempt to annul its adoption of new school attendance zones, as they failed to meet their burden under § 22.1-87 to prove the board’s redistricting decision affecting their children was arbitrary, capricious, or done in bad faith. Hunn v. Loudoun County Sch. Bd., 98 Va. Cir. 418, 2012 Va. Cir. LEXIS 63 (Loudoun County Aug. 20, 2012).

OPINIONS OF THE ATTORNEY GENERAL

Employees of local school boards are not local government employees. —

Local public school boards have authority over the care, management, and control of the property of the school division and as such are separate and apart from the local government and the employees of the school board are not local government employees for purposes of § 15.2-915 . Therefore, local school districts may prohibit an employee from storing a lawfully possessed firearm and ammunition in a locked private motor vehicle on school district property. See opinion of Attorney General to the Honorable Tony O. Wilt, Member, House of Delegates, 13-052, 2013 Va. AG LEXIS 64 (8/2/13).

County school board is solely responsibility for school consolidation. —

A school board is solely responsible for the decision whether and how to consolidate schools, and a county board of supervisors may not instruct the school board to consolidate schools or how to consolidate schools, but may make a recommendation. See opinion of Attorney General to The Honorable Terry C. Kilgore, Member, House of Delegates, 10-118, (12/08/10).

Modification of decisions regarding consolidation. —

Nothing in this section prohibits or limits the authority of a school board to modify decisions regarding consolidation in light of a change in circumstances. See opinion of Attorney General to The Honorable Dan C. Bowling, Member, House of Delegates, 08-034, 2008 Va. AG LEXIS 18 (7/10/08).

Outsourcing of administrative functions by school board. —

Outsourcing of certain functions by a school board is permissible so long as school boards and localities comply with statutory and constitutional restrictions. See opinion of Attorney General to The Honorable T. Scott Garrett, M.D., Member, House of Delegates, 10-122, 2011 Va. AG LEXIS 3 (01/21/11).

Consolidation of school board and county administrative functions. —

A school board can consolidate certain functions with a locality, but in doing so the school board may not abrogate its duties or compromise its independence with respect to its core responsibilities. See opinion of Attorney General to The Honorable T. Scott Garrett, M.D., Member, House of Delegates, 10-122, 2011 Va. AG LEXIS 3 (01/21/11).

Capital renovation costs for school property that is neither leased nor owned. —

A school board does not currently have the legal authority to fund capital renovation costs for school property that it does not lease and which is fully owned and operated by a different county school board. See opinion of Attorney General to the Honorable Joe T. May, Member, House of Delegates, 13-028, 2013 Va. AG LEXIS 44 (6/28/13).

School construction financing. —

School Board’s potential lease of a school facility in connection with the financing of the school’s construction pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002, would not be considered a debt of the city subject to the limitations of Article VII, § 10 of the Constitution of Virginia. See opinion of Attorney General to The Honorable Israel O’Quinn, Member, House of Delegates, and The Honorable Charles W. Carrico Sr., Member, Senate of Virginia, 18-055, 2018 Va. AG LEXIS 17 (11/2/18).

Rules of School Board restricting speech at public meetings. —

Certain rules of School Board restricting the speech of speakers at public meetings violate the free speech rights of speakers; the Board may not constitutionally bar speakers from discussing personnel issues or identifying individual school employees or officials during public session. See opinion of Attorney General to The Honorable Richard L (Rick) Morris, Member, House of Delegates, 15-020, 2016 Va. AG LEXIS 5 (4/15/16).

School safety. —

Virginia law authorizes school resource officers and certain school security officers to possess firearms on public school grounds as school safety personnel, but such authority is not extended to teachers and administrators. See opinion of Attorney General to Ms. Shannon Dion, Director, Virginia Department of Criminal Justice Services, 18-042, (8/28/2018).

Physical condition of schools. —

Remedies for inequality in public education, whether arising from poor school physical plant conditions or otherwise, are available under the mandates of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; the Civil Rights Act of 1964; the Equal Educational Opportunities Act of 1974; and Title IX of the Education Amendments of 1972, which collectively prohibit discrimination on the basis of race and sex. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

The general assembly has enacted state laws that make local school boards primarily responsible for constructing and renovating school buildings in Virginia. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

Freedom of Information Act requests. —

A School Board’s policy, which states that if “considerable work or time is required to generate information requested from the administration by a Board Member,” then the Virginia Freedom of Information Act (VFOIA) request must be denied unless the full Board endorses the request, is in conflict with VFOIA. See opinion of Attorney General to The Honorable Clinton Jenkins, Member, Virginia House of Delegates, 20-036, (9/18/20).

§ 22.1-79.1. Opening of the school year; approvals for certain alternative schedules.

  1. Each local school board shall set the school calendar so that the first day students are required to attend school shall be no earlier than 14 days before Labor Day. In each school division in which the school board sets the school calendar so that the first day students are required to attend school is before Labor Day, such school board shall close each school in the school division from the Friday immediately preceding Labor Day through Labor Day. The Board of Education may waive this requirement based on a school board certifying that it meets the good cause requirements of subsection B.
  2. For purposes of this section, “good cause” means a school division is providing its students, in the school year for which the waiver is sought, with instructional programs that are offered on a year-round basis by the school division in one or more of its elementary or middle or high schools. Any waiver provided pursuant to this subsection shall only apply to the opening date for those schools where such year-round instructional programs are offered.
  3. Individual schools may propose, and local school boards may approve, pursuant to guidelines developed by the Board of Education, alternative school schedule plans providing for the operation of schools on a four-day weekly calendar, so long as a minimum of 990 hours of instructional time is provided for grades kindergarten through 12.
  4. Notwithstanding the provisions of this section or any other provision of law, the school board of any school division located in Planning District 16 that was not granted a good cause waiver pursuant to this section for the 2018-2019 school year but would qualify for such a waiver pursuant to this section as it was in effect prior to July 1, 2019, for the 2019-2020 school year may set the school calendar so that the first day students are required to attend is earlier than Labor Day, including earlier than 14 days before Labor Day. Additionally, the school board of any school division located in Planning District 16 that is entirely surrounded by two school divisions that either were granted a waiver pursuant to Chapter 3 of the Acts of Assembly of 2012, Special Session I, or would qualify for a good cause waiver pursuant to this section as it was in effect prior to July 1, 2019, for the 2019-2020 school year may open schools on the same opening date as either such surrounding school division.
  5. Notwithstanding the provisions of this section or any other provision of law, the school board of any school division from which students attend Northern Neck Technical Center may set the school calendar so that the first day that students are required to attend school is earlier than Labor Day, including earlier than 14 days before Labor Day.

History. 1986, c. 587; 1998, c. 702; 2003, c. 724; 2010, cc. 49, 88; 2011, cc. 216, 387; 2015, cc. 701, 702; 2019, cc. 569, 570, 637; 2020, cc. 582, 695.

Editor’s note.

Acts 1988, c. 114 repeals cl. 2 of Acts 1986, c. 587, which had provided that this section was to expire on July 1, 1988.

Acts 2019, c. 637, cl. 1 was codified as subsection D of § 22.1-79.1.

Acts 2019, cc. 569 and 570, cl. 2 provides: “That any school board of a school division that was granted a waiver for the 2018-2019 school year under one of the good cause requirements then in effect pursuant to § 22.1-79.1 of the Code of Virginia or pursuant to Chapter 3 of the Acts of Assembly of 2012, Special Session I, may continue to set the school calendar so that the first day students are required to attend is earlier than 14 days before Labor Day. Additionally, any school board of a school division that was granted a waiver pursuant to Chapter 3 of the Acts of Assembly of 2012, Special Session I, shall not be required to close the Friday immediately preceding Labor Day.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 145 A 17, effective for the biennium ending June 30, 2022, provides: “To provide additional flexibility, notwithstanding the provisions of § 22.1-79.1, Code of Virginia, any school division that was granted a waiver regarding the opening date of the school year for the 2011-2012 school year under the good cause requirements shall continue to be granted a waiver for the 2020-2021 school year and the 2021-2022 school year.”

Acts 2020, c. 582, cl. 2 provides: “That the provisions of the first enactment of this act shall become effective on July 1, 2022.”

Acts 2020, c. 582, cl. 3 provides: “That the Board of Education shall adopt regulations establishing standards for accreditation that include a requirement that the standard school day for students in kindergarten average at least 5.5 instructional hours in order to qualify for full accreditation. The Board of Education shall adopt such regulations by July 1, 2022.”

The 2003 amendments.

The 2003 amendment by c. 724 substituted “10 years” for “ten years” in subdivision B 1, substituted “programs that are offered” for “programs which are offered” in the last sentence of subdivision B 3, and added subsection C.

The 2010 amendments.

The 2010 amendments by cc. 49 and 88 are identical, and substituted “requirement based on a school board certifying that it meets one of the good cause requirements of subsection B” for “requirement on a showing of good cause” at the end of subsection A.

The 2011 amendments.

The 2011 amendment by c. 216 substituted “Virtual Virginia” for “the electronic classroom” in subdivision B 2.

The 2011 amendment by c. 387 added subdivision B 4 and made related changes.

The 2015 amendments.

The 2015 amendments by cc. 701 and 702 are identical, and deleted the former last sentence in subsection C, which read “No alternative plan that reduces the instructional time in the core academics of English, mathematics, social studies, and science shall be approved.”

The 2019 amendments.

The 2019 amendments by cc. 569 and 570 are identical, and rewrote the section.

The 2020 amendments.

The 2020 amendment by c. 582, effective July 1, 2022, substituted “grades kindergarten through 12” for “grades one through 12 and 540 hours for kindergarten” at the end of subsection C.

The 2020 amendment by c. 695 added subsection E.

OPINIONS OF THE ATTORNEY GENERAL

School start date. —

Attorney General unable to conclude that § 22.1-79.1, which directs school boards to set the starting date for students after Labor Day, is unconstitutional. See opinion of Attorney General to The Honorable Robert Tata, Member, House of Delegates, 10-034, 2010 Va. AG LEXIS 31 (5/24/10).

§ 22.1-79.2. Uniforms in public schools; Board of Education guidelines.

  1. The Board of Education shall develop model guidelines for local school boards to utilize when establishing requirements for pupils to wear uniforms. In developing these guidelines, the Board shall consider (i) ways to promote parental and community involvement, (ii) relevant state and federal constitutional concerns, such as freedom of religion and freedom of speech, and (iii) the ability of pupils to purchase such clothing.
  2. Upon approval by the Board of the model guidelines, local school boards may establish requirements, consistent with the Board’s guidelines, for the students enrolled in any of their schools to wear uniforms while in attendance at such school during the regular school day. No state funds may be used for the purchase of school uniforms.

History. 1995, cc. 508, 521, 526.

Editor’s note.

Acts 1995, c. 508 added this section as § 22.1-276.2, and Acts 1995, cc. 521 and 526 enacted this section as § 22.1-79.2. The Virginia Code Commission assigned the section number for this section according to Acts 1995, cc. 521 and 526.

§ 22.1-79.3. Policies regarding certain activities.

  1. Local school boards shall develop and implement policies to ensure that public school students are not required to convey or deliver any materials that (i) advocate the election or defeat of any candidate for elective office, (ii) advocate the passage or defeat of any referendum question, or (iii) advocate the passage or defeat of any matter pending before a local school board, local governing body or the General Assembly of Virginia or the Congress of the United States.Nothing in this subsection shall be construed to prohibit the discussion or use of political or issue-oriented materials as part of classroom discussions or projects or to prohibit the delivery of informational materials.
  2. Local school boards shall develop and implement policies to prohibit the administration of questionnaires or surveys to public school students during the regular school day or at school-sponsored events without written, informed parental consent for the student’s participation when participation in such questionnaire or survey may subsequently result in the sale for commercial purposes of personal information regarding the individual student.
  3. In any case in which a questionnaire or survey requesting that students provide sexual information, mental health information, medical information, information on student health risk behaviors pursuant to § 32.1-73.8 , other information on controlled substance use, or any other information that the school board deems to be sensitive in nature is to be administered, the school board shall notify the parent concerning the administration of such questionnaire or survey in writing not less than 30 days prior to its administration. The notice shall inform the parent regarding the nature and types of questions included in the questionnaire or survey, the purposes and age-appropriateness of the questionnaire or survey, how information collected by the questionnaire or survey will be used, who will have access to such information, the steps that will be taken to protect student privacy, and whether and how any findings or results will be disclosed. In any case in which a questionnaire or survey is required by state law or is requested by a state agency, the relevant state agency shall provide the school board with all information required to be included in the notice to parents. The parent shall have the right to review the questionnaire or survey in a manner mutually agreed upon by the school and the parent and exempt his child from participating in the questionnaire or survey. Unless required by federal or state law or regulation, school personnel administering any such questionnaire or survey shall not disclose personally identifiable information.
  4. No questionnaire or survey requesting that students provide sexual information shall be administered to any student in kindergarten through grade six.
  5. Local school boards shall develop and implement policies to advise the parent of each student enrolled in the school division of the availability of information in the Sex Offender and Crimes Against Minors Registry and the location of the website. Local school boards shall also develop protocols governing the release of children to persons who are not their parent.
  6. No local school board providing access and opportunity to use school facilities or to distribute literature may deny equal access or fair opportunity to use such school facilities or to distribute literature, or otherwise discriminate against the Boy Scouts of America or the Girl Scouts of the USA.Nothing in this subsection shall be construed to require any school or school division to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from school board policies governing access to and use of school facilities and distribution of literature.
  7. Local school boards shall develop and implement policies to allow a parent of twins or higher order multiples in the same grade level to request that the children be placed in the same classroom or in separate classrooms if they are at the same elementary school. Such policies shall also provide that (i) schools may recommend classroom placement to the parent; (ii) schools must provide the placement requested by the children’s parent, unless the division superintendent or his designee makes a classroom placement determination following the school principal’s request in accordance with this subsection; (iii) a parent must request the classroom placement no later than three days after the first day of each school year or three days after the first day of attendance of the children during a school year; and (iv) at the end of the initial grading period, if the school principal, in consultation with the children’s classroom teacher, determines that the requested classroom placement is disruptive to the school or is harmful to the children’s educational progress, the school principal may request that the division superintendent or his designee determine the children’s classroom placement.
  8. Local school boards may adopt and implement policies pursuant to which electronic records and electronic signatures may be accepted from any parent, guardian, or other person having control or charge of a child enrolled in the relevant school division, provided such policies are consistent with the provisions of Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1.
  9. Local school boards may develop a single, standardized form to obtain parental consent for the release of student data. If developed by the local school board, such form shall be used by Community Policy and Management Teams and the Departments of Health, Social Services, Juvenile Justice, and Behavioral Health and Developmental Services.

History. 2000, c. 1063; 2001, cc. 688, 820; 2002, c. 160; 2003, c. 693; 2006, cc. 145, 857, 914; 2009, c. 195; 2011, cc. 261, 726; 2012, c. 546; 2015, c. 703.

Editor’s note.

At the direction of the Virginia Code Commission, “Correctional Education,” was deleted from subsection H to conform to changes made by Acts 2012, cc. 803 and 835, enactments 99 and 100.

The 2002 amendments.

The 2002 amendment by c. 160 designated the existing provisions of the section as subsection A and added subsection B.

The 2003 amendments.

The 2003 amendment by c. 693 added subsection C.

The 2006 amendments.

The 2006 amendment by c. 145 added the second through last sentences in subsection B.

The 2006 amendments by cc. 857 and 914 are identical, and added subsection C; and inserted the D designation at the beginning of the penultimate paragraph.

The 2009 amendments.

The 2009 amendment by c. 195 added subsection E.

The 2011 amendments.

The 2011 amendment by c. 261 added subsection F. Subsection F was redesignated G at the direction of the Virginia Code Commission.

The 2011 amendment by c. 726 added subsection C and redesignated former subsections C through E as present subsections D through F.

The 2012 amendments.

The 2012 amendment by c. 546 added subsection H, and made a minor stylistic change.

The 2015 amendments.

The 2015 amendment by c. 703, in subsection A, substituted “Local school boards” for “No later than January 1, 2001, local school boards” in the first paragraph and “Nothing in this subsection shall” for “This section shall not” in the second paragraph; inserted the subsection C designation and rewrote the former text and former subsection C, to combine the development and implementation of guidelines on parental notice of student surveys on sexual information with the surveys on student health risk behaviors; added subsection D; redesignated former subsections D through H as subsections E through I; and substituted “website” for “Internet website” in subsection E.

Law Review.

For article surveying developments in education law in Virginia, see 37 U. Rich. L. Rev. 89 (2002).

For 2006 survey article, “Family and Juvenile Law,” see 41 U. Rich. L. Rev. 151 (2006).

§ 22.1-79.4. Threat assessment teams and oversight committees.

  1. Each local school board shall adopt policies for the establishment of threat assessment teams, including the assessment of and intervention with individuals whose behavior may pose a threat to the safety of school staff or students consistent with the model policies developed by the Virginia Center for School and Campus Safety (the Center) in accordance with § 9.1-184 . Such policies shall include procedures for referrals to community services boards or health care providers for evaluation or treatment, when appropriate.
  2. The superintendent of each school division may establish a committee charged with oversight of the threat assessment teams operating within the division, which may be an existing committee established by the division. The committee shall include individuals with expertise in human resources, education, school administration, mental health, and law enforcement.
  3. Each division superintendent shall establish, for each school, a threat assessment team that shall include persons with expertise in counseling, instruction, school administration, and law enforcement and, in the case of any school in which a school resource officer is employed, at least one such school resource officer. Threat assessment teams may be established to serve one or more schools as determined by the division superintendent. Each team shall (i) provide guidance to students, faculty, and staff regarding recognition of threatening or aberrant behavior that may represent a threat to the community, school, or self; (ii) identify members of the school community to whom threatening behavior should be reported; and (iii) implement policies adopted by the local school board pursuant to subsection A.
  4. Upon a preliminary determination that a student poses a threat of violence or physical harm to self or others, a threat assessment team shall immediately report its determination to the division superintendent or his designee. The division superintendent or his designee shall immediately attempt to notify the student’s parent or legal guardian. Nothing in this subsection shall preclude school division personnel from acting immediately to address an imminent threat.
  5. Each threat assessment team established pursuant to this section shall collect and report to the Center quantitative data on its activities using the case management tool developed by the Center.
  6. Upon a preliminary determination by the threat assessment team that an individual poses a threat of violence to self or others or exhibits significantly disruptive behavior or need for assistance, a threat assessment team may obtain criminal history record information, as provided in §§ 19.2-389 and 19.2-389.1 , and health records, as provided in § 32.1-127.1:03 . No member of a threat assessment team shall redisclose any criminal history record information or health information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which such disclosure was made to the threat assessment team.

History. 2013, c. 710; 2014, cc. 7, 158; 2016, c. 554; 2019, cc. 39, 456; 2022, c. 769.

The 2014 amendments.

The 2014 amendments by cc. 7 and 158 are identical, and in subsection A, substituted “Virginia Center for School and Campus Safety” for “Virginia Center for School Safety.”

The 2016 amendments.

The 2016 amendments by c. 554, in subsection A, substituted “intervention with individuals” for “intervention with students”; and added subsection F.

The 2019 amendments.

The 2019 amendments by cc. 39 and 456 are identical, and in subsection A, inserted “(the Center)”; rewrote subsection E, which read: “Each threat assessment team established pursuant to this section shall report quantitative data on its activities according to guidance developed by the Department of Criminal Justice Services.”

The 2022 amendments.

The 2022 amendment by c. 769, inserted ”and, in the case of any school in which a school resource officer is employed, at least one such school resource officer” in subsection C.

§ 22.1-79.5. Policy regarding tobacco and nicotine vapor products.

Each school board shall develop and implement a policy to prohibit, at any time, the use and distribution of any tobacco product or nicotine vapor product, as those terms are defined in § 18.2-371.2 , on a school bus, on school property, or at an on-site or off-site school-sponsored activity.

Such policy shall include (i) provisions for its enforcement among students, employees, and visitors, including the enumeration of possible sanctions or disciplinary action consistent with state or federal law, and (ii) referrals to resources to help staff and students overcome tobacco addiction.

Each school board shall work to ensure adequate notice of this policy.

History. 2014, c. 326; 2019, cc. 172, 246.

Editor’s note.

Acts 2014, c. 326, cl. 2 provides: “That each school board shall update its policies and code of student conduct to comply with the provisions of this act by July 1, 2015.”

The 2019 amendments by cc. 172 and 246 are identical, and rewrote the section, which read: “Each school board shall develop and implement a policy to prohibit the use of electronic cigarettes on a school bus, on school property, or at a school-sponsored activity.”

§ 22.1-79.6. Employee lactation support policy.

Each local school board shall adopt a policy to set aside, in each school in the school division, a non-restroom location that is shielded from the public view to be designated as an area in which any mother who is employed by the local school board or enrolled as a student may take breaks of reasonable length during the school day to express milk to feed her child until the child reaches the age of one.

History. 2014, c. 380.

The number of this section was assigned by the Virginia Code Commission, the number in the 2014 act having been § 22.1-79.5.

§ 22.1-79.7. School meal policies; donations.

  1. Each local school board shall adopt policies that:
    1. Prohibit school board employees from requiring a student who cannot pay for a meal at school or who owes a school meal debt to throw away or discard a meal after it has been served to him, do chores or other work to pay for such meals, or wear a wristband or hand stamp;
    2. Require school board employees to direct any communication relating to a school meal debt to the student’s parent. Such policy may permit such communication to be made by a letter addressed to the parent to be sent home with the student;
    3. Prohibit the school board from filing a lawsuit against a student or the student’s parent because the student cannot pay for a meal at school or owes a school meal debt; and
    4. Prohibit the school board or any school board employee from denying a student the opportunity to participate in any extracurricular school activity because the student cannot pay for a meal at school or owes a school meal debt.
  2. Any school board may solicit and receive any donation or other funds for the purpose of eliminating or offsetting any school meal debt at any time and shall use any such funds solely for such purpose.

History. 2018, cc. 384, 712; 2020, cc. 509, 575; 2021, Sp. Sess. I, c. 106; 2022, c. 686.

The 2020 amendments.

The 2020 amendment by c. 509 inserted “throw away or discard a meal after it has been served to him” in subdivision 1.

The 2020 amendment by c. 575 added subsection B and redesignated the existing provisions as subsection A.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 106, effective July 1, 2021, added subdivision A 3 and made related changes.

The 2022 amendments.

The 2022 amendment by c. 686, added subdivision A 4; and made stylistic changes.

§ 22.1-79.7:1. School meals; availability to students.

  1. Each school board shall require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make lunch and breakfast available pursuant to such programs to any student who requests such a meal, regardless of whether such student has the money to pay for the meal or owes money for meals previously provided, unless the student’s parent has provided written permission to the school board to withhold such a meal from the student.
  2. Nothing in this section shall be construed to limit the ability of a school board to collect payment for meals provided pursuant to subsection A, provided, however, that no such school board shall utilize a nongovernmental third-party debt collector to collect on such debt.

History. 2020, c. 683.

Editor’s note.

Acts 2020, c. 683, cl. 2 provides: “That the provisions of this act shall become effective on July 1, 2021.”

§ 22.1-79.8. Policies regarding job assistance for certain persons.

The Department of Education and local school boards shall adopt policies to implement the provisions of 20 U.S.C. § 7926 that prohibit any local school board or any individual who is an employee, contractor, or agent of a local school board from assisting an employee, contractor, or agent of such local school board in obtaining a new job if such local school board or individual knows or has probable cause to believe that the employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of law.

History. 2018, cc. 513, 514.

Editor’s note.

Acts 2018, cc. 513 and 514 were codified as this section at the direction of the Virginia Code Commission.

§ 22.1-79.9. Promotion of broadband services for educational purposes.

  1. As used in this section:“Affordability program” means a program or package of broadband services which may include educational programming or access to educational content, offered by a private broadband service provider to school-age children and their families at a lower price, or with specialized services, compared to the broadband services offered by the private broadband service provider to the general public.“Child nutrition program” means any school meal program funded and regulated by the U.S. Department of Agriculture, including the National School Lunch Program, School Breakfast Program, National School Lunch Program Afterschool Snack Service, Child and Adult Care Food Program, Summer Food Service Program, and Special Milk Program.“Sponsored program” means a financial program to provide lower-cost or free broadband services, or a specialized offering of broadband services, for educational purposes to the home of a student when the student would qualify for (i) a child nutrition program or (ii) any other program recognized or adopted by the local school board as a measuring standard to identify at-risk students.
  2. Any school board may:
    1. Promote and publicize the availability of private broadband services for educational purposes to parents and students, including the availability of any affordability programs or sponsored programs;
    2. Provide promotional or informational materials for private broadband services to parents, students, and potential sponsors including brochures, flyers, and cable, internet, broadband, or other public service announcements, in any media, regarding locally available private broadband service offerings, including the availability of any affordability programs or sponsored programs, to encourage student use of broadband services for educational purposes;
    3. Accept compensation, or in-kind donations of materials and services, from any private broadband service provider to reimburse the school board or other public body for its actual costs incurred in providing the materials described in subdivision 2;
    4. Enter into agreements with local businesses, charitable groups, or private broadband service providers to promote sponsored programs to provide reduced cost or free broadband services for educational purposes to households of qualifying students. Under such agreements, the school board may award grants or subsidies to private broadband service providers to reduce or eliminate the cost of sponsored program broadband services provided to qualifying student households; and
    5. Utilize any federal, state, or local funds that are not otherwise restricted to pay grants or subsidies to support sponsored programs, including any federal funds that may be available through the Coronavirus Aid, Relief, and Economic Security (CARES) Act, P.L. 116-36, the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, or similar legislation.

History. 2021, Sp. Sess. I, c. 496.

Effective date.

This section is effective July 1, 2021.

§ 22.1-80. Development of park areas adjacent to public schools.

Whenever an undeveloped or unused public park area owned by the Commonwealth or any of its political subdivisions exists adjacent to any public school, the school board is authorized and encouraged to develop or improve such area in extension of such school’s programs or facilities, subject to the approval and cooperation of the Commonwealth or political subdivision, as the case may be. In the case of an undeveloped or unused public park area owned by a park authority created by more than one political subdivision, a school board in any such political subdivision is authorized and encouraged to develop or improve such area in extension of its school program or facilities, subject to approval and cooperation of the park authority.

History. Code 1950, § 22-72.2; 1966, c. 606; 1980, c. 559.

§ 22.1-81. Annual report.

Unless for good cause shown an extension of time not to exceed fifteen days is granted by the Superintendent of Public Instruction, each school board, with the assistance of the division superintendent, shall make a report covering the work of the schools for the year ending the preceding June 30 to the Board of Education according to a timeline and on forms supplied by the Superintendent of Public Instruction.

History. Code 1950, § 22-54; 1980, c. 559; 1987, c. 205; 1999, cc. 191, 492; 2022, c. 355.

The 1999 amendments.

The 1999 amendments by cc. 191 and 492 are identical, and substituted “September 15” for “August 15.”

The 2022 amendments.

The 2022 amendment by c. 355 deleted “on or before September 15 of each year” preceding “make a report”; inserted “according to a timeline and”; and made stylistic changes.

§ 22.1-82. Employment of counsel to advise or defend school boards and officials; payment of costs, expenses and liabilities; consent of governing bodies required prior to institution of proceedings.

  1. Notwithstanding any other provision of law, the attorney for the Commonwealth or other counsel may be employed by a school board to advise it concerning any legal matter or to represent it, any member thereof or any school official in any legal proceeding to which the school board, member or official may be a party, when such proceeding is instituted by or against it or against the member or official by virtue of his actions in connection with his duties as such member or official.
  2. All costs and expenses of such advice and all costs, expenses and liabilities of such proceedings shall be paid out of funds appropriated to the school board.
  3. A school board shall, prior to instituting any legal action or proceeding against any other governmental agency in Virginia or expending any funds therefor, first secure the authorization of the governing body of the county, city or town constituting the school division or the governing bodies of the counties or cities in the school division if the division is composed of more than one county or city except as to legal actions or proceedings arising between the school board and the governing body or bodies.

History. Code 1950, §§ 22-56.1, 22-72; 1954, c. 289; 1956, Ex. Sess., cc. 60, 63; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1970, c. 71; 1971, Ex. Sess., c. 161; 1972, c. 511; 1973, cc. 134, 299; 1975, cc. 308, 328; 1980, c. 559.

CASE NOTES

“Any legal proceeding.” —

The term “any legal proceeding” is an all-encompassing generic classification that includes criminal as well as civil proceedings. Wood v. Board of Supvrs., 236 Va. 104 , 372 S.E.2d 611, 5 Va. Law Rep. 541, 1988 Va. LEXIS 131 (1988).

School board properly paid attorneys’ fees incurred by a former division superintendent of schools in defending criminal and civil charges against the superintendent which were eventually dismissed, where facts considered by the board were such that the board reasonably could have concluded that the dismissed proceedings were baseless and therefore arose out of the superintendent’s performance of the duties of his office. Wood v. Board of Supvrs., 236 Va. 104 , 372 S.E.2d 611, 5 Va. Law Rep. 541, 1988 Va. LEXIS 131 (1988).

CIRCUIT COURT OPINIONS

Prior approval not required. —

School board did not lack standing for failure to comply with § 22.1-82 where the named respondent was the mayor, who was not a governmental agency under the statute, and actions between the school board and the governing body or bodies were exempt from the prior approval requirement. Sch. Bd. v. Wilder, 74 Va. Cir. 309, 2007 Va. Cir. LEXIS 292 (Richmond Nov. 5, 2007).

OPINIONS OF THE ATTORNEY GENERAL

Legal counsel. —

If the charter of a city does not require that the district school board rely on the sole legal advice of the attorney for the city, then the board may retain its own counsel. See opinion of Attorney General to The Honorable G. Glenn Oder, Member, House of Delegates, 10-001, 2010 Va. AG LEXIS 6 (2/2/10).

§ 22.1-83. Payment of employee’s legal fees and expenses.

If an employee of a school board is arrested, indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his duties as such employee and such charge is subsequently dismissed or a verdict of not guilty is rendered or if an employee of a school board is made a defendant in any civil action arising out of his actions in connection with his duties as such employee, the school board may pay the legal fees and expenses of such employee.

History. Code 1950, § 22-56.1:1; 1978, c. 135; 1980, c. 559.

CIRCUIT COURT OPINIONS

Demurrer. —

Plaintiff was an employee of the school board, prosecuted for allegations regarding sexual abuse of a student, made a defendant in a civil case, and the charge was ultimately reversed; although defendant was not required in every circumstance to pay plaintiff’s fees, this was not an appropriate argument to dismiss plaintiff’s request, and the objection to this count was overruled as the request was sufficient for purposes of demurrer. Evans v. Fairfax Cty. Pub. Sch. Bd., 97 Va. Cir. 192, 2017 Va. Cir. LEXIS 328 (Fairfax County Nov. 21, 2017).

§ 22.1-84. Insurance.

A school board may provide for insurance on school properties against loss by fire and against such other losses as it deems necessary and may provide liability insurance, or may provide self-insurance, for certain or all of its officers and employees and for student teachers and other persons performing functions or services for any school in the school division, even though any such student teacher or other person performs such functions or services without payment therefor, to cover the costs and expenses incident to liability, including those for settlement, suit or satisfaction of judgment, arising from their conduct in discharging their duties or in performing functions or services for a school. The liability insurance coverage shall be placed with insurance companies authorized to do business in this Commonwealth.

History. Code 1950, §§ 22-56.2, 22-72; 1954, c. 289; 1956, Ex. Sess., c. 60; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1970, c. 71; 1971, Ex. Sess., c. 161; 1972, c. 511; 1975, cc. 308, 328; 1976, c. 407; 1980, c. 559.

§ 22.1-85. Fund for payment of hospital, medical, etc., services provided officers, employees and dependents.

Any school board may establish a fund for the payment of hospital, medical, surgical and related services provided any of its officers, employees and their dependents out of funds appropriated to the school board or by payroll deductions or other mode consistent with state and federal income tax law and regulations. In addition, any school board may establish a fund for the payment of expenses incurred by its officers and employees for dependent care assistance through payroll deductions or other mode consistent with state and federal income tax law and regulations.

History. Code 1950, § 22-56.3; 1979, c. 624; 1980, c. 559; 1993, c. 287.

OPINIONS OF THE ATTORNEY GENERAL

Multiple localities and school boards may create a single voluntary, self-funded trust

to insure health benefits for their employees and the families of their employees as a joint exercise of power. See opinion of Attorney General to The Honorable Emmett W. Hanger, Jr., Member, Senate of Virginia; The Honorable Richard P. Bell, Member, House of Delegates, 12-059, 2012 Va. AG LEXIS 38 (10/5/2012).

Unexpended funds. —

Funds contributed by members of local public schools’ Section 125 Flexible Benefits Plan are not “local funds” that are subject to return to the city under § 22.1-100 if not expended during the year. See opinion of Attorney General to The Honorable L. Louise Lucas, Member, Senate of Virginia, 20-022, 2020 Va. AG LEXIS 38 (12/11/20).

§ 22.1-86. Meetings of people of school division; local committees.

It shall be the duty of each school board to call meetings of the people of the school division for consultation in regard to the school interests thereof when deemed necessary by the school board. The chairman, if present, or, if not, some other member of the school board shall preside at such meetings.

Each school board is authorized to appoint a committee of not less than three nor more than seven members for each public school in the school division. The committee’s duty shall be to advise the members of the school board with reference to matters pertaining to the school and to cooperate with the school board in the care of the school property and in the successful operation of the school. Such committee shall serve without compensation.

History. Code 1950, § 22-79; 1952, c. 72; 1980, c. 559.

§ 22.1-86.1. Appointment of student representatives to local school boards.

  1. The local school board may adopt procedures for the appointment of student representatives from among the students enrolled in the public schools in the division. The student representative shall serve in a nonvoting, advisory capacity and shall be appointed under such circumstances and serve for such terms as the board prescribes.
  2. Nothing in this section shall prohibit any school board from excluding the nonvoting student representative from executive sessions or closed meetings pursuant to § 2.2-3711 .
  3. Student representatives shall not be construed to be members of local school boards for any purpose, including, but not limited to, establishing a quorum or making any official decision.

History. 1999, c. 431.

§ 22.1-87. Judicial review.

Any parent, custodian, or legal guardian of a pupil attending the public schools in a school division who is aggrieved by an action of the school board may, within thirty days after such action, petition the circuit court having jurisdiction in the school division to review the action of the school board. Such review shall proceed upon the petition, the minutes of the meeting at which the school board’s action was taken, the orders, if any, of the school board, an attested copy of the transcript, if any, of any hearing before the school board, and any other evidence found relevant to the issues on appeal by the court. The action of the school board shall be sustained unless the school board exceeded its authority, acted arbitrarily or capriciously, or abused its discretion.

History. Code 1950, § 22-57; 1968, c. 139; 1980, c. 559; 1981, c. 229.

Editor’s note.

Acts 1993, c. 929, cl. 3, as amended by Acts 1994, c. 564, cl. 1, and Acts 1996, c. 616, cl. 3, provides that the amendment to this section by Acts 1993, c. 929, cl. 1, shall become effective June 1, 1998, “only if state funds are provided by the General Assembly sufficient to provide adequate resources, including all local costs, for the court to carry out the purposes of this act and to fulfill its mission to serve children and families of the Commonwealth.” The funding was not provided.

Law Review.

For comment on student rights in Virginia public schools, see 22 U. Rich. L. Rev. 241 (1988).

Research References.

Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 2 Potential Jurisdiction. § 2.03 Courts. Bryson.

CASE NOTES

Exhaustion of administrative remedy. —

In a suit in behalf of black school children to enjoin a local school board from enforcing racial segregation, it was held that the administrative remedy provided by statute, if applicable, had been exhausted, where applications had been made to the school board without result by counsel acting in behalf of the plaintiffs. School Bd. v. Allen, 240 F.2d 59, 1956 U.S. App. LEXIS 4264 (4th Cir. 1956), cert. denied, 353 U.S. 910, 77 S. Ct. 667, 1 L. Ed. 2d 664, 1957 U.S. LEXIS 1149 (1957) (decided under prior law).

Limitation period not adopted for federal EAHCA actions. —

While judicial review under this section is sufficiently analogous to a federal Education for All Handicapped Children Act (EAHCA) action under 20 U.S.C. § 1451 et seq. to warrant adopting the limitation period of this section, the 30-day limitation period of this section is inconsistent with the policies underlying the EAHCA. For this reason, the limitation period in this section is not adopted for EAHCA actions. Kirchgessner ex rel. Kirchgessner v. Davis, 632 F. Supp. 616, 1986 U.S. Dist. LEXIS 26840 (W.D. Va. 1986).

Parental notification is an issue best addressed by state law, not a constitutional ruling. —

Court dismissed the mother’s claim that school’s failure to notify her while questioning her daughter for allegedly having a gun at school, violated her rights to due process under the Fourteenth Amendment because state law and school board rules provide rights and remedies that bear on this question. Wofford v. Evans, 390 F.3d 318, 2004 U.S. App. LEXIS 24181 (4th Cir. 2004).

Due process in student disciplinary proceedings. —

School board did not act arbitrarily in school disciplinary proceedings, in violation of a student’s due process rights, because the assistant principal’s oral description of the facts known to school personnel, coupled with the principal’s letter and the discipline packet, notified the student of the allegations against the student. Furthermore, as the student’s own testimony confirmed, the student knew of the school’s prohibition against improper touching of another person before the student engaged in the student’s conduct. Fairfax Cty. Sch. Bd. v. S.C., 297 Va. 363 , 827 S.E.2d 592, 2019 Va. LEXIS 49 (2019).

Court assumed without deciding that the student had some liberty or property interest implicated by her disciplinary transfer from one school to another, but even so, she received all process she was due; hearing officers’ finding that she sexually touched other students without their consent, thus violating the school policy prohibition against improper touching of another, fit within “Offensive Touching Against Student,” a generic reporting code required by statute. The student knew of the prohibition and the school board did not act arbitrarily. Fairfax County Sch. Bd. v. S.C., 2019 Va. LEXIS 169 (Va. May 30, 2019).

Standing. —

In a case regarding whether a student at a public high school, by and through his parents as next friends, had standing to sue a school board based on his alleged distress over potential repercussions from the school board’s expansion of its anti-discrimination and anti-harassment policy, the circuit court concluded that the complaint failed to set forth an actual controversy. Plaintiffs did not articulate unique injuries compared to that of the general public and thus could not claim taxpayer standing. Lafferty v. Sch. Bd. of Fairfax Cnty., 293 Va. 354 , 798 S.E.2d 164, 2017 Va. LEXIS 58 (2017).

CIRCUIT COURT OPINIONS

Evidentiary basis supporting board decision. —

School board’s transfer of a student from one school to another pursuant to its authority under subdivision 4 of § 22.1-79 as a result of an altercation was upheld under § 22.1-87 because there was an evidentiary basis for the board’s decision; based on an eyewitness account, the student’s self-defense claim was debatable. Carney v. City of Richmond, 72 Va. Cir. 250, 2006 Va. Cir. LEXIS 310 (Richmond Nov. 13, 2006).

School board had authority to make boundary adjustments. —

Because a school board had authority to make the boundary adjustments at issue, and because the board did not act arbitrarily or capriciously or abuse the board’s discretion, the parents’ § 22.1-87 petition for review was denied. Pascale v. Fairfax County Sch. Bd., 2008 Va. Cir. LEXIS 80 (Fairfax County July 28, 2008).

Boundary adjustments were proper. —

Parents of elementary school students who sued the school board were unsuccessful in their attempt to annul its adoption of new school attendance zones, as they failed to meet their burden under § 22.1-87 to prove the board’s redistricting decision affecting their children was arbitrary, capricious, or done in bad faith. Hunn v. Loudoun County Sch. Bd., 98 Va. Cir. 418, 2012 Va. Cir. LEXIS 63 (Loudoun County Aug. 20, 2012).

Standing. —

Parents of elementary school children had standing to appeal a school board’s adoption of new school attendance zones; as the change in school boundaries would have a direct and immediate effect on the delivery of educational services to petitioners’ children, petitioners were “aggrieved” under § 22.1-87. Hunn v. Loudoun County Sch. Bd., 98 Va. Cir. 418, 2012 Va. Cir. LEXIS 63 (Loudoun County Aug. 20, 2012).

Language of this statute restricts its application to parents or custodians/guardians of a child attending the school system at issue. Therefore, a parent did not have standing to file a lawsuit against a city school board under this statute because her child no longer was a student there; moreover, the parent did not fall within an exception to the mootness and standing bar because she did not show that she would have been subjected to the alleged illegality again. Jones v. Sch. Bd. of Richmond, 91 Va. Cir. 449, 2016 Va. Cir. LEXIS 8 (Richmond Jan. 4, 2016).

General Assembly determined that the class of plaintiffs would be exclusive, parent, custodian or legal guardian of a pupil; if the class of plaintiffs was not so limited, then the field of plaintiffs would be wide open to anyone who disagreed with what the school board had done, even if that person was not a parent, custodian or legal guardian. Martinson v. Evans, 2018 Va. Cir. LEXIS 18 (Fairfax County Feb. 15, 2018).

General Assembly created a thirty-day statute of limitations for the limited class of plaintiffs to bring an action, and while this may seem harsh or unduly restrictive, it is within the authority of the General Assembly to create a truncated time period; it is not within the court’s authority to change the time period or to create exceptions; the General Assembly determined that schools function most efficiently when perceived wrongs are promptly brought to the attention of the school boards. Martinson v. Evans, 2018 Va. Cir. LEXIS 18 (Fairfax County Feb. 15, 2018).

Citizens’ did not have legal standing under Virginia Code Title 22.1 to pursue their action against a school board and board members because the citizens commenced the lawsuit more than thirty days after the board’s action, and they did not allege standing pursuant to any other section of Title 22.1. Martinson v. Evans, 2018 Va. Cir. LEXIS 18 (Fairfax County Feb. 15, 2018).

Proper defendant. —

Demurrers of a school board and its superintendent were sustained since all that was required for the vote was that it be held in an open meeting and it not be secret, and the claims against the superintendent were not sufficiently pled to show how he acted unlawfully by implementing the policies of the School Board, and a party was allowed to file suit only against a school board, not the superintendent. KC v. Fairfax Cty. Sch. Bd., 2021 Va. Cir. LEXIS 13 (Fairfax County Jan. 21, 2021).

Chapter 8. Public School Funds.

Article 1. State and Local Funds.

§ 22.1-88. Of what school funds to consist.

The funds available to the school board of a school division for the establishment, support and maintenance of the public schools in the school division shall consist of state funds appropriated for public school purposes and apportioned to the school board, federal funds appropriated for educational purposes and apportioned to the school board, local funds appropriated to the school board by a local governing body or such funds as shall be raised by local levy as authorized by law, donations or the income arising therefrom, and any other funds that may be set apart for public school purposes.

History. Code 1950, § 22-116; 1971, Ex. Sess., c. 162; 1980, c. 559; 1988, c. 576.

Cross references.

For constitutional provision relating to local school taxes, see Va. Const., Art. VIII, § 2.

OPINIONS OF THE ATTORNEY GENERAL

There is no express grant of authority for a local school board to make loans

to the Board of Supervisors nor can any such authority be reasonably or fairly implied. See opinion of Attorney General to Mr. Franklin P. Slavin, Jr., County Attorney for Bland County, 04-074, 2004 Va. AG LEXIS 57 (10/19/04).

§ 22.1-89. Management of funds.

Each school board shall manage and control the funds made available to the school board for public schools and may incur costs and expenses. If funds are appropriated to the school board by major classification as provided in § 22.1-94, no funds shall be expended by the school board except in accordance with such classifications without the consent of the governing body appropriating the funds.

History. Code 1950, §§ 22-72, 22-97, 22-127; 1954, cc. 289, 291; 1956, Ex. Sess., cc. 60, 67; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1968, cc. 501, 614; 1970, c. 71; 1971, Ex. Sess., cc. 161, 162; 1972, c. 511; 1975, cc. 308, 328, 443; 1978, c. 551; 1980, c. 559.

CASE NOTES

Editor’s note.

Some of the cases below were decided under prior law.

Control of school funds generally. —

A county school board is vested with the use and control of all school funds, whether derived from state appropriations, local taxation, or other sources, and has exclusive authority to expend the funds set apart by law for school purposes. School Bd. v. Shockley, 160 Va. 405 , 168 S.E. 419 , 1933 Va. LEXIS 221 (1933).

Control over funds derived from sale of school bonds. —

Under the Constitution and pertinent statutes a county board of supervisors has no control over the funds derived from the sale of school bonds except temporarily to invest them until they are needed for the purpose for which the bonds were sold, and the board of supervisors has no authority to prohibit the school board from expending them for a legitimate purpose. County School Bd. v. Farrar, 199 Va. 427 , 100 S.E.2d 26, 1957 Va. LEXIS 207 (1957).

CIRCUIT COURT OPINIONS

Malfeasance. —

School board was not subject to any civil cause of action based on malfeasance because to the extent that the statute related to funding by major categories, the request for a declaration of violation of law was moot. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

OPINIONS OF THE ATTORNEY GENERAL

Control over payroll periods. —

The authority to establish payroll dates for school division employees rests with the school board, including the establishment of regular payroll periods, but the mechanics of making the payments to schools rest with the treasurer of the locality. See opinion of Attorney General to The Honorable G. Glenn Oder and The Honorable Marty G. Eubank, Treasurer, City of Newport News, 11-003, 2011 Va. AG LEXIS 14 (2/25/11).

§ 22.1-89.1. Management of cafeteria funds.

Notwithstanding any other provision of law including, but not limited to this article, §§ 15.2-2503 and 15.2-2506 , a school board may, in its discretion, establish a decentralized system for management and control of cafeteria funds without including in its annual budget an estimate of the total amount of such decentralized cafeteria funds, or receiving an appropriation of these decentralized cafeteria funds from the local governing body.

All decentralized cafeteria funds shall continue to be audited as required by the Superintendent of Public Instruction pursuant to his authority under § 22.1-24 and by the Auditor of Public Accounts pursuant to his authority under § 15.2-2511 .

History. 1984, c. 138.

§ 22.1-89.2. Financial records retention and disposition schedule.

School boards shall retain and dispose of financial records in accordance with the regulations concerning financial records retention and disposition promulgated pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.) by the State Library Board. However, school boards shall not be required to retain any such records pertaining to nonappropriated school activity funds for longer than five years.

History. 1990, c. 451.

§ 22.1-89.3. (Repealed) Funds from telephone service or credit cards.

History. 1998, c. 595; repealed by 2022, c. 355.

§ 22.1-89.4. Certain policy required; partnerships and sponsorships.

Each school board shall develop and implement, and may, from time to time, revise, a policy relating to commercial, promotional, and corporate partnerships and sponsorships involving the public schools within the division.

History. 2001, c. 467.

§ 22.1-90. Annual report of expenditures.

Every school board shall submit at least once each year to the governing body or bodies appropriating funds to the school board a report of all its expenditures. Such report shall also be made available to the public either on the official school division website, if any, or in hard copy at the central school division office, on a template prescribed by the Board of Education.

History. Code 1950, § 22-97; 1954, c. 291; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559; 2009, c. 104.

The 2009 amendments.

The 2009 amendment by c. 104 added the last sentence.

§ 22.1-90.1. Inclusion of instructional spending in the School Performance Report Card.

The Department shall include in the annual School Performance Report Card for school divisions the percentage of each division’s annual operating budget allocated to instructional costs. For this purpose, the Department shall (i) establish a methodology for allocating each school division’s expenditures to instructional and noninstructional costs in a manner that, except in the case of the hardware necessary to support electronic textbooks, is consistent with the funding of the Standards of Quality as approved by the General Assembly and (ii) allocate to instructional costs each school division’s expenditures on the hardware necessary to support electronic textbooks. Further, at the discretion of the Superintendent, the Department may also report on other methods of measuring instructional spending such as those used by the U.S. Census Bureau and the U.S. Department of Education.

History. 2012, c. 212; 2015, c. 563.

The 2015 amendments.

The 2015 amendment by c. 563, in the second sentence, inserted the clause (i) designation and “except in the case of the hardware necessary to support electronic textbooks” and added “and (ii) allocate to instructional costs each school division’s expenditures on the hardware necessary to support electronic textbooks” at the end.

§ 22.1-91. Limitation on expenditures; penalty.

No school board shall expend or contract to expend, in any fiscal year, any sum of money in excess of the funds available for school purposes for that fiscal year without the consent of the governing body or bodies appropriating funds to the school board. Any member of a school board or any division superintendent or other school officer violating, causing to be violated or voting to violate any provision of this section shall be guilty of malfeasance in office.

History. Code 1950, § 22-120; 1980, c. 559.

Law Review.

For article surveying developments in education law in Virginia, see 37 U. Rich. L. Rev. 89 (2002).

CASE NOTES

Allegedly defamatory statement after a member was exonerated under § 22.1-91. —

Unsuccessful candidate for public office did not show actual malice required to support a defamation suit against a newspaper editorial author and a publisher, in part, because there was no evidence that the author had any serious doubt about the truth of the statements asserting that the candidate had a “blot on (the candidate’s) record” because the candidate bore some degree of responsibility for the school board’s disastrous budget deficit, even though the candidate was acquitted of the criminal charges of malfeasance under § 22.1-91. Jackson v. Hartig, 274 Va. 219 , 645 S.E.2d 303, 2007 Va. LEXIS 96 (2007).

CIRCUIT COURT OPINIONS

Malfeasance. —

School board was not subject to any civil cause of action based on malfeasance because to the extent that the statute prohibits expenditure of any sum of money in excess of funds available for school purposes, no civil liability attached to any member of the school board or division officer for malfeasance in office. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

Violations of the statute constitute malfeasance in office; the violation of the statute does not give rise, however, to a civil right of action on behalf of the county. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

Malfeasance in office. —

General Assembly has imposed as a matter of accountability and for the protection of the public an elaborate statutory system for accounting for public funds that are either held or handled by the treasurer, the supervisors, the school board or by other governmental entities. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

School board has right to bring legal proceedings. —

County did not have a cause of action against school officials and a school board based on any alleged action under the statutory scheme being malfeasance in office because the statutory scheme gave the school board the right to bring legal proceedings to challenge any irregularity in the acts of an officer or employee but gave no such right to the county. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

§ 22.1-92. Estimate of moneys needed for public schools; notice of costs to be distributed.

  1. It shall be the duty of each division superintendent to prepare, with the approval of the school board, and submit to the governing body or bodies appropriating funds for the school division, by the date specified in § 15.2-2503 , the estimate of the amount of money deemed to be needed during the next fiscal year for the support of the public schools of the school division. The estimate shall set up the amount of money deemed to be needed for each major classification prescribed by the Board of Education and such other headings or items as may be necessary.Upon preparing the estimate of the amount of money deemed to be needed during the next fiscal year for the support of the public schools of the school division, each division superintendent shall also prepare and distribute, within a reasonable time as prescribed by the Board of Education, notification of the estimated average per pupil cost for public education in the school division for the coming school year  in accordance with the budget estimates provided to the local governing body or bodies. Such notification shall also include actual per pupil state and local education expenditures for the previous school year. The notice may also include federal funds expended for public education in the school division.The notice shall be made available in a form provided by the Department of Education and shall be published on the school division’s website or in hard copy upon request. To promote uniformity and allow for comparisons, the Department of Education shall develop a form for this notice and distribute such form to the school divisions for publication.
  2. Before any school board gives final approval to its budget for submission to the governing body, the school board shall hold at least one public hearing to receive the views of citizens within the school division. A school board shall cause public notice to be given at least 10 days prior to any hearing by publication in a newspaper having a general circulation within the school division. The passage of the budget by the local government shall be conclusive evidence of compliance with the requirements of this section.

History. Code 1950, §§ 22-120.3, 22-120.5; 1959, Ex. Sess., c. 79, § 1; 1980, c. 559; 1986, c. 282; 1994, cc. 453, 788; 2011, c. 216; 2012, cc. 805, 836.

The 2011 amendments.

The 2011 amendment by c. 216 rewrote the last paragraph in subsection A, which read: “The notice shall be printed on a form prescribed by the Board of Education and shall be distributed separately or with any other materials being currently transmitted to the parents, guardians or other persons having control or charge of students. To promote uniformity and allow for comparisons, the Board of Education shall develop a one-page form for this notice and distribute such form to the school superintendents for duplication and distribution.”

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 27.

The 2012 amendments.

The 2012 amendments by cc. 805 and 836 are identical, and deleted “to each parent, guardian, or other person having control or charge of a child enrolled in the relevant school division” following “the coming school year” in the first sentence of the second paragraph of subsection A; and made a stylistic change.

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

Purpose of superintendent’s estimate. —

Board of Supvrs. v. County School Bd., 182 Va. 266 , 28 S.E.2d 698, 1944 Va. LEXIS 176 (1944).

Governing body has duty to supervise school expenses. —

Former statutes showed the legislative intent to place in the hands of the governing body the power and duty of supervising school expenses. Scott County School Bd. v. Scott County Bd. of Supvrs., 169 Va. 213 , 193 S.E. 52 , 1937 Va. LEXIS 168 (1937); Board of Supvrs. v. County School Bd., 182 Va. 266 , 28 S.E.2d 698, 1944 Va. LEXIS 176 (1944).

But it is not concerned with the individual items of the school budget, except insofar as they help to determine the total amount of the tax to be levied. Board of Supvrs. v. County School Bd., 182 Va. 266 , 28 S.E.2d 698, 1944 Va. LEXIS 176 (1944).

OPINIONS OF THE ATTORNEY GENERAL

Use of lump sum appropriation. —

If the local governing body made a lump sum appropriation to the school board for fiscal year 2011-2012 and a surplus resulted from debt service savings, then the school board may reallocate and spend those savings for other school needs. The question of whether a lump sum appropriation was made to the local school board depends upon the interpretation of a local ordinance, a practice from which this office has traditionally abstained. See opinion of Attorney General to the Honorable Judith C. Wells, Treasurer, Isle of Wight County, 12-084, (7/12/13).

Board of supervisors may appropriate funds from the special school tax by lump sum or by classification. See opinion of Attorney General to Michelle R. Robl, County Attorney, Prince William County, 20-029, 2021 Va. AG LEXIS 19 (5/14/21).

§ 22.1-93. Approval of annual budget for school purposes.

Notwithstanding any other provision of law, including but not limited to Chapter 25 (§ 15.2-2500 et seq.) of Title 15.2, the governing body of a county and the governing body of a municipality shall each prepare and approve an annual budget for educational purposes by May 15 or within 30 days of the receipt by the county or municipality of the estimates of state funds, whichever shall later occur. Upon approval, each local school division shall publish the approved annual budget in line item form, including the estimated required local match, on the division’s website, and the document shall also be made available in hard copy as needed to citizens for inspection.

The Superintendent of Public Instruction shall, no later than the fifteenth day following final adjournment of the Virginia General Assembly in each session, submit estimates to be used for budgetary purposes relative to the Basic School Aid Formula to each school division and to the local governing body of each county, city and town that operates a separate school division. Such estimates shall be for each year of the next biennium or for the then next fiscal year.

History. Code 1950, § 22-127; 1956, Ex. Sess., c. 67; 1959, Ex. Sess., c. 79, § 1; 1968, c. 614; 1971, Ex. Sess., c. 162; 1975, c. 443; 1978, c. 551; 1980, c. 559; 1981, c. 541; 2008, cc. 353, 404; 2009, c. 280; 2011, c. 216; 2015, cc. 143, 370, 371.

Cross references.

As to publication and notice of public hearing upon approval of school division budgets, see § 15.2-2506 .

Editor’s note.

Acts 2008, cc. 353 and 404, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2009.”

The 2008 amendments.

The 2008 amendments by cc. 353 and 404, effective January 1, 2009, are identical, and added the last sentence to the first paragraph.

The 2009 amendments.

The 2009 amendment by c. 280 inserted “including the estimated required local match” in the last sentence of the first paragraph.

The 2011 amendments.

The 2011 amendment by c. 216 substituted “on the division’s website, and the document shall also be made available” for “on the division’s website, if any, or if there is no division website, the document shall otherwise be made available” in the last sentence in the first paragraph.

The 2015 amendments.

The 2015 amendments by cc. 143 and 370 are nearly identical, and deleted “shall prepare and approve an annual budget for educational purposes by May first or within thirty days of the receipt by the county of the estimates of state funds, whichever shall later occur” following “governing body of a county,” inserted “each” and “county or” and made minor stylistic changes in the first paragraph.

The 2015 amendment by c. 371 inserted “in line item form” preceding “including” in the second sentence of the first paragraph.

§ 22.1-94. Appropriations by county, city or town governing body for public schools.

A governing body may make appropriations to a school board from the funds derived from local levies and from any other funds available, for operation, capital outlay and debt service in the public schools. Such appropriations shall be not less than the cost apportioned to the governing body for maintaining an educational program meeting the standards of quality for the several school divisions prescribed as provided by law. The amount appropriated by the governing body for public schools shall relate to its total only or to such major classifications prescribed by the Board of Education pursuant to § 22.1-115. The appropriations may be made on the same periodic basis as the governing body makes appropriations to other departments and agencies.

History. Code 1950, § 22-127; 1956, Ex. Sess., c. 67; 1959, Ex. Sess., c. 79, § 1; 1968, c. 614; 1971, Ex. Sess., c. 162; 1975, c. 443; 1978, c. 551; 1980, c. 559; 1989, c. 94.

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

Power of federal court. —

A federal court ordinarily has no right or power to interfere with appropriations made by a city council for use by the school board. There is, however, an exception to this rule where the purpose and intent of council is clearly to flaunt the law of the land and avoid the effect of lawful court orders by participating in a scheme or device to attain its objective. James v. Duckworth, 170 F. Supp. 342, 1959 U.S. Dist. LEXIS 3722 (D. Va.), aff'd, 267 F.2d 224, 1959 U.S. App. LEXIS 3861 (4th Cir. 1959).

Withholding of funds from certain schools and grades. —

The appropriation ordinance of the City of Norfolk for the year 1959 made appropriations for the public schools on a tentative basis, as authorized by former § 22-127 as amended in 1956 and before its amendment in 1959, and provided that no part of the funds so appropriated should be available to the school board except as the council might by resolution authorize. A subsequent resolution authorized the transfer of a certain sum to the school board but stipulated that “no part of said sum shall be disbursed for the normal daytime operation of the schools now under the control of the Governor of Virginia without his prior approval.” A second resolution declared that the council would not thereafter authorize the transfer to the school board for the maintenance and operation of any grade higher than the sixth grade of any part of the funds tentatively appropriated. The federal district court enjoined the enforcement of the ordinance and resolutions, holding that the action of the council in adopting them was tantamount to an evasive scheme or device seeking to perpetuate the program of massive resistance in the public schools of the city, and that they violated the laws of Virginia, as well as the laws and Constitution of the United States. James v. Duckworth, 170 F. Supp. 342, 1959 U.S. Dist. LEXIS 3722 (D. Va.), aff'd, 267 F.2d 224, 1959 U.S. App. LEXIS 3861 (4th Cir. 1959).

CIRCUIT COURT OPINIONS

Malfeasance. —

School board was not subject to any civil cause of action based on malfeasance because the statute related to the governing body not the school board, and to the extent it referred to the governing body funding by total only or by major classifications, the funding was by the total. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

OPINIONS OF THE ATTORNEY GENERAL

Consolidation of school board and county administrative functions. —

A school board is solely responsible for the decision whether and how to consolidate schools, and a county board of supervisors may not instruct the school board to consolidate schools or how to consolidate schools, but may make a recommendation. See opinion of Attorney General to The Honorable Terry C. Kilgore, Member, House of Delegates, 10-118, (12/08/10).

Use of lump sum appropriation. —

If the local governing body made a lump sum appropriation to the school board for fiscal year 2011-2012 and a surplus resulted from debt service savings, then the school board may reallocate and spend those savings for other school needs. The question of whether a lump sum appropriation was made to the local school board depends upon the interpretation of a local ordinance, a practice from which this office has traditionally abstained. See opinion of Attorney General to the Honorable Judith C. Wells, Treasurer, Isle of Wight County, 12-084, (7/12/13).

Board of supervisors may appropriate funds from the special school tax by lump sum or by classification. See opinion of Attorney General to Michelle R. Robl, County Attorney, Prince William County, 20-029, 2021 Va. AG LEXIS 19 (5/14/21).

Physical condition of schools. —

Remedies for inequality in public education, whether arising from poor school physical plant conditions or otherwise, are available under the mandates of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; the Civil Rights Act of 1964; the Equal Educational Opportunities Act of 1974; and Title IX of the Education Amendments of 1972, which collectively prohibit discrimination on the basis of race and sex. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

The general assembly has enacted state laws that make local school boards primarily responsible for constructing and renovating school buildings in Virginia. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

Capital expenditures, “indebtedness,” and “rent.”

County Board of Supervisors may levy special school tax as a special county tax to fund capital expenditures or payment of indebtedness or rent. See opinion of Attorney General to Michelle R. Robl, County Attorney, Prince William County, 20-029, 2021 Va. AG LEXIS 19 (5/14/21).

§ 22.1-95. Duty to levy school tax.

Each county, city and town is authorized, directed and required to raise money by a tax on all property subject to local taxation at such rate as will insure a sum which, together with other available funds, will provide that portion of the cost apportioned to such county, city or town by law for maintaining an educational program meeting the standards of quality for the several school divisions prescribed as provided by law.

History. Code 1950, § 22-126.1; 1971, Ex. Sess., c. 162; 1980, c. 559.

Cross references.

For constitutional provision, see Va. Const., Art. VIII, § 2.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 25.

OPINIONS OF THE ATTORNEY GENERAL

Physical condition of schools. —

Remedies for inequality in public education, whether arising from poor school physical plant conditions or otherwise, are available under the mandates of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; the Civil Rights Act of 1964; the Equal Educational Opportunities Act of 1974; and Title IX of the Education Amendments of 1972, which collectively prohibit discrimination on the basis of race and sex. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

The general assembly has enacted state laws that make local school boards primarily responsible for constructing and renovating school buildings in Virginia. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

Capital expenditures, “indebtedness,” and “rent.”

County Board of Supervisors may levy special school tax as a special county tax to fund capital expenditures or payment of indebtedness or rent. See opinion of Attorney General to Michelle R. Robl, County Attorney, Prince William County, 20-029, 2021 Va. AG LEXIS 19 (5/14/21).

§ 22.1-96. Proration of operating cost, expenditures for capital outlay purposes and indebtedness for construction of buildings in certain school divisions.

In a school division composed of part or all of more than one county or city, the operating cost as well as the expenditures for capital outlay purposes and indebtedness for the construction of school buildings shall be on a pro rata basis on enrollment of pupils unless some other basis is agreed upon by the division school board and the governing bodies of the participating counties and cities.

History. Code 1950, § 22-100.9; 1954, c. 391; 1956, c. 671; 1971, Ex. Sess., c. 161; 1980, c. 559.

§ 22.1-97. Calculation and reporting of required local expenditures; procedure if locality fails to appropriate sufficient educational funds.

  1. The Department of Education shall collect annually the data necessary to make calculations and reports required by this subsection.At the beginning of each school year, the Department shall make calculations to ensure that each school division has appropriated sufficient funds to support its estimated required local expenditure for providing an educational program meeting the prescribed Standards of Quality, required by Article VIII of the Constitution of Virginia and Chapter 13.2 (§ 22.1-253.13:1 et seq.) of this title. At the conclusion of the school year, the Department shall make calculations to verify whether the locality has provided the required expenditure, based on average daily membership as of March 31 of the relevant school year.The Department shall report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the results of such calculations and the degree to which each school division has met, failed to meet, or surpassed its required expenditure.The Joint Legislative Audit and Review Commission shall report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the state expenditure provided each locality for an educational program meeting the Standards of Quality.The Department and the Joint Legislative Audit and Review Commission shall coordinate to ensure that their respective reports are based upon comparable data and are delivered together, or as closely following one another as practicable, to the appropriate standing committees.
  2. Whenever such calculations indicate that the governing body of a county, city or town fails or refuses to appropriate funds sufficient to provide that portion of the cost apportioned to such county, city or town by law for maintaining an educational program meeting the Standards of Quality, the Board of Education shall notify the Attorney General of such failure or refusal in writing signed by the president of the Board. Upon receipt of such notification, it shall be the duty of the Attorney General to file in the circuit court for the county, city or town a petition for a writ of mandamus directing and requiring such governing body to make forthwith such appropriation as is required by law.The petition shall be in the name of the Board of Education, and the governing body shall be made a party defendant thereto. The court may, in its discretion, cause such other officers or persons to be made parties defendant as it may deem proper. The court may make such order as may be appropriate respecting the employment and compensation of an attorney or attorneys for any party defendant not otherwise represented by counsel. The petition shall be given first priority on the docket of such court and shall be heard expeditiously in accordance with the procedures prescribed in Article 2 (§ 8.01-644 et seq.) of Chapter 25 of Title 8.01 and the writ of mandamus shall be awarded or denied according to the law and facts of the case and with or without costs, as the court may determine. The order of the court shall be final upon entry. Any appeal therefrom shall be heard and disposed of promptly by the Court of Appeals.

History. Code 1950, § 22-21.2; 1971, Ex. Sess., c. 160; 1980, c. 559; 2003, c. 948; 2021, Sp. Sess. I, c. 489.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committees on Finance and Appropriations and on Education and Health” for “Senate Committees on Finance and Education and Health.” March 10, 2021.

Acts 2021, Sp. Sess. I, c. 489, cl. 3 provides: “That any case for which a notice of appeal to the Supreme Court has been filed prior to January 1, 2022, shall continue in the Supreme Court of Virginia and shall not be affected by the provisions of this act.”

Acts 2021, Sp. Sess. I, c. 489, cl. 4 provides: “That any case for which a petition for appeal in a criminal case to the Court of Appeals has been filed prior to January 1, 2022, and a decision on such petition remains pending, such petition for appeal shall be deemed granted and the clerk of the Court of Appeals shall certify the granting of such petition to the trial court and all counsel. Such case shall be considered mature for purposes of further proceedings from the date of such certificate.”

Acts 2021, Sp. Sess. I, c. 489, cl. 6 provides: “That the provisions of this act amending § 17.1-400 of the Code of Virginia shall become effective in due course and that the remaining provisions of this act shall become effective on January 1, 2022.”

The 2003 amendments.

The 2003 amendment by c. 948 added subsection A; inserted the subsection B designation, and in the first sentence of the first paragraph of subsection B, inserted “such calculations indicate that” near the beginning, and deleted “for the several school divisions prescribed as provided by law” following “Standards of Quality.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 489, effective January 1, 2022, substituted “Court of Appeals” for “Supreme Court next after habeas corpus cases already on the docket” in subsection B in the second paragraph.

§ 22.1-98. Reduction of state aid when length of school term below 180 days or 990 hours.

  1. For the purposes of this section:“Declared state of emergency” means the declaration of an emergency before or after an event, by the Governor or by officials in a locality, that requires the closure of any or all schools within a school division.“Severe weather conditions or other emergency situations” means those circumstances presenting a threat to the health or safety of students that result from severe weather conditions or other emergencies, including natural and man-made disasters, energy shortages, or power failures.
  2. Except as provided in this section:
    1. The length of every school’s term in every school division shall be at least 180 teaching days or 990 teaching hours in any school year; and
    2. If the length of the term of any school or the schools in a school division shall be less than 180 teaching days or 990 teaching hours in any school year, the amount paid by the Commonwealth from the Basic School Aid Fund shall, except as otherwise hereinafter provided or as otherwise provided by law, be reduced in the same proportion as the length of the school term has been reduced in any school or the schools in the school division from 180 teaching days or 990 teaching hours.
  3. Notwithstanding the requirements of subsection B, in any case in which severe weather conditions or other emergency situations result in the closing of a school or the schools in a school division or in an unscheduled remote learning day for a school or the schools in a school division, the amount paid by the Commonwealth from the Basic School Aid Fund shall not be reduced if one of the following methods of make-up days, make-up hours, or unscheduled remote learning days, as appropriate in the circumstances, is followed:
    1. When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for five or fewer days, the school or the schools in the school division shall make up all missed days by adding teaching days to the school calendar or extending the length of the school day;
    2. When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for six days or more, the school or the schools in the school division shall make up the first five days plus one day for each two days missed in excess of the first five by adding teaching days to the school calendar or extending the length of the school day;
    3. When severe weather conditions or other emergency situations have resulted in the closing of any school in a school division and such school has been unable to meet the 180 teaching day requirement, the school division may make up the missed teaching days by providing its students with instructional hours equivalent to such missed teaching days to meet the minimum 990 teaching hour requirement; or
    4. When severe weather conditions or other emergency situations have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services that are consistent with guidelines established by the Department of Education to ensure the equitable provision of such services. No school division shall claim more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension.
  4. The local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall also not be proportionally reduced by any local governing body because of any reduction in the length of the term of any school or the schools in a school division authorized by subsection C.
  5. The foregoing provisions of this section notwithstanding, the Board of Education may waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from a declared state of emergency or severe weather conditions or other emergency situations. If the local school board desires a waiver, it shall submit a request to the Board of Education. The request shall include evidence of efforts that have been made by the school division to reschedule as many days as possible and certification by the division superintendent and chairman of the local school board that every reasonable effort for making up lost teaching days or teaching hours was exhausted before requesting a waiver of this requirement. If the waiver is denied, the school division shall make up the missed instructional time in accordance with this section.If the Board grants such a waiver, there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. Further, the local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall not be proportionally reduced by any local governing body due to any reduction in the length of the term of any school or the schools in a school division permitted by such waiver.
  6. Notwithstanding the provisions of this section, the Board of Education shall waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from an evacuation directed and compelled by the Governor pursuant to § 44-146.17 for up to five teaching days. If the local school board desires such a waiver, it shall notify the Board of Education and provide evidence of efforts that have been made by the school division to reschedule as many days as possible and certification by the division superintendent and chairman of the local school board that every reasonable effort for making up lost teaching days or teaching hours was exhausted. After receiving such notification, the Board shall grant the waiver and there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. Further, the local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall not be proportionally reduced by any local governing body due to any reduction in the length of the term of any school or the schools in a school division permitted by such waiver.
  7. If the professional personnel of any such school division actually render service for less than the contracted period for such school year and their compensation is reduced because of insufficient funds or other reason, the proportionate amount paid by the Commonwealth for the personnel component of the Basic School Aid Fund for such school year shall be reduced pro rata.Notwithstanding any provision of law to the contrary, the school board of any school division in which the length of the term for any school or for the schools in the school division is reduced as provided in this section may pay its professional personnel such salary as they would have received if the term had not been so reduced.
  8. In developing the school calendar as provided for in § 22.1-79.1, each local school board shall establish such calendars and teaching contracts in accordance with applicable regulations of the Board of Education to include contingencies for making up teaching days and teaching hours missed for emergency situations described in this section. Historical data shall be used to determine the needs of the locality including scheduled holidays and breaks and work days.
  9. The Board of Education may authorize the Superintendent of Public Instruction to approve, in compliance with this section, reductions in the school term for a school or the schools in a school division without a proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund.
  10. With the exception of the Basic School Aid Fund as provided for above, the Commonwealth shall not distribute funds to a locality for costs not incurred when the school term is reduced below 180 teaching days or 990 teaching hours.
  11. As part of the annual report required by § 22.1-81, the division superintendent and local school board chairman shall certify the total number of teaching days and teaching hours each year.

History. Code 1950, § 22-5; 1956, Ex. Sess., c. 66; 1977, c. 316; 1978, cc. 105, 204; 1979, c. 177; 1980, c. 559; 1987, c. 65; 1988, c. 112; 1990, c. 213; 2004, cc. 839, 868, 887; 2006, cc. 26, 96; 2015, c. 706; 2019, cc. 644, 645; 2021, Sp. Sess. I, cc. 19, 293.

Editor’s note.

Acts 1987, c. 65, cl. 3, as amended by Acts 1988, c. 708 cl. 2, provided: “That the amendments included in this act shall expire on July 1, 1990, and the law shall continue in force as it existed prior to this enactment.” However, Acts 1990, cc. 189 and 213 repealed the expiration.

The 2004 amendments.

The 2004 amendment by c. 839, effective April 14, 2004, inserted the third paragraph [similar to present subsection E] and made minor stylistic changes.

The 2004 amendments by cc. 868 and 887, effective April 15, 2004, are nearly identical, and rewrote the section.

This section is set out in the form above at the direction of the Virginia Code Commission.

The 2006 amendments.

The 2006 amendments by cc. 26 and 96 are identical, and in subsection A, deleted “and the Board of Education’s implementing regulations” from the end of subsection A; added subdivision A 1; inserted the subdivision A 2 designation; deleted “and the implementing regulations of the Board of Education” from the end of subsection B; inserted “at least” in subdivision B 1; substituted “is followed” for “shall be followed” at the end of subsection C; in subdivision C 1, substituted “five or fewer” for “less than five,” “all missed” for “such,” “by adding teaching days to the school calendar or extending the length of the school day” for “as may be required by the Board’s regulations however the required make up days shall not exceed the missed teaching days”; in subdivision C 2, substituted “six days or more” for “five days, but no more than 15 days,” and “by adding teaching days to the school calendar or extending the length of the school day; or” for “up to a maximum of nine make-up days”; deleted former subdivision C 3 relating to severe weather lasting 15 days or more; redesignated former subdivision C 4 as subdivision C 3, deleted “or 990 teaching hour” following “the 180 teaching day” and added “to meet the minimum 990 teaching hour requirement” at the end; added the last three sentences of subsection E; deleted “and the Board’s implementing regulations” following “provided in this section” in the second paragraph of subsection F; rewrote subsection G; deleted “shall promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to implement this section. The Board’s regulations” near the beginning of subsection H; and added subsection J.

The 2015 amendments.

The 2015 amendment by c. 706 added “declared state of emergency or severe weather conditions or other emergency situations” at the end of the first sentence of subsection E.

The 2019 amendments.

The 2019 amendments by cc. 644 and 645 are identical, and in subdivision A 2, deleted “but not limited to” following “including”; added subsection F and made related changes.

The 2021 Sp. Sess. I amendments.

The 2021 amendments by Sp. Sess. I, cc. 19 and 293, effective July 1, 2021, are identical, and removed the designations for subdivisions A 1 and 2; rewrote the introductory language of subdivision C, which read: “Notwithstanding the requirements of subsection B, in any case in which severe weather conditions or other emergency situations, as defined in this section, result in the closing of a school or the schools in a school division, the amount paid by the Commonwealth from the Basic School Aid Fund shall not be reduced if the following schedule of make-up days is followed”; added subdivision C 4; and made stylistic changes.

§ 22.1-98.1. Extended School Year Incentive Program.

From such funds as may be appropriated for such purpose and from such gifts, donations, grants, bequests, and other funds as may be received on its behalf, there is hereby established the Extended School Year Incentive Program, hereinafter referred to as the “Program,” to be administered by the Board of Education.

In accordance with the appropriation act, any funds appropriated or otherwise provided for the Program shall be disbursed to award incentive grants to public school divisions for the operation of schools beyond the 180-day school year or 990 hours in any school year as required by § 22.1-98 and the Standards of Accreditation. However, the grants shall not be awarded to support summer school initiatives.

History. 2000, c. 858.

Editor’s note.

Acts 2000, c. 858, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in the 2000 Appropriation Act, passed during the 2000 Session of the General Assembly and signed into law by the Governor.” An appropriation of $400,000 was made in Item 143 c 8 g of Acts 2000, c. 1073, as amended by Acts 2002, c. 814, for FY 2000-2001.

§ 22.1-98.2. Certain agreements; adjustment of state share for basic aid.

  1. Any school board of a school division in which fewer than 1,100 students were included in average daily membership for the preceding school year, in a locality that has a local composite index of .6000 or greater, and has 65 percent or more of its local taxes coming from real estate taxes, as calculated by the Auditor of Public Accounts and reported annually to the Department, upon entering into certain cost-savings agreements with a contiguous school division for the consolidation or sharing of educational, administrative, or support services, shall receive the state share for basic aid computed on the basis of the composite index of local ability-to-pay of the contiguous school division, calculated annually.

    The Board shall develop eligibility criteria for such cost-savings and service-sharing agreements and for the adjustment of the state share for basic aid, consistent with the appropriation act.

    The Governor shall approve the adjustment to the state share prior to the disbursement of funds. The Department shall annually report to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and Appropriations the cost-savings agreements made and the adjusted state shares so approved.

  2. The local school board receiving the adjusted state share shall not use the additional funds received to supplant local funds appropriated for education. The adjusted state share shall be used solely for educational purposes and shall not be used to reduce local operating expenditures for public education from the prior fiscal year. However, no school division shall be required to maintain a per pupil expenditure for operations that exceeds the per pupil expenditure in the prior fiscal year. The superintendent of the school division shall inform the Superintendent of the public education purpose for which these local funds shall be used.
  3. Nothing in this section shall prohibit the Commonwealth from terminating or modifying any program or function under which distribution to a local school board has been made, and if so terminated or modified all obligations hereunder shall cease or be reduced in proportion with such modifications, as the case may be.
  4. Except as provided in subsection C, such contractual agreements shall remain in effect until terminated by the relevant school divisions. If any such contractual agreements between the relevant school divisions terminate, the Commonwealth’s obligation under this section shall cease.
  5. This agreement and adjusted state payment shall be in lieu of any existing funds a locality receives from a Small School Division Assistance grant.

History. 2004, c. 820; 2008, cc. 589, 705; 2019, cc. 405, 406; 2022, c. 355.

Editor’s note.

Acts 2004, c. 820, cl. 2, provides: “That the provisions of this act shall become effective on July 1, 2005.”

Acts 2008, cc. 589 and 705, cl. 2 provides: “Nothing in this act shall affect the eligibility of any school board that is currently receiving additional funds pursuant to § 22.1-98.2 of the Code of Virginia as of June 30, 2008, to continue receiving such funds on the same basis as prior to the effective date of this act.”

Acts 2008, cc. 589 and 705, cl. 3 provides: “That additional funds to a school board as a result of this Act shall not be paid unless there is a specific appropriation for such additional funds in the appropriation act at the time payment is proposed, and in no event shall any payments be made prior to July 1, 2010, or will the sum of the basic aid payment and the supplemental basic aid payment exceed the basic aid payment that the locality received pursuant to Chapter 847 of the Acts of Assembly of 2007.”

The Virginia Code Commission authorized substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

The 2008 amendments.

The 2008 amendments by cc. 589 and 705 are identical, and in subsection A, substituted “1,110 students” for “350 students” and inserted “in a locality that has a local composite index of .6000 or greater, and has 65 percent or more of its local taxes coming from real estate taxes, as calculated by the Auditor of Public Accounts and reported annually to the Department of Education” in the first sentence.

The 2019 amendments.

The 2019 amendments by cc. 405 and 406 are identical, and in subsection A, deleted “for a period of 15 years” at the end of the first paragraph, and in the third paragraph, substituted “House Committee on Appropriations and Senate Committee on Finance” for “House Appropriations and Senate Finance Committees”; in subsection C, substituted “Nothing in this section shall” for “This section shall not”; and in subsection D, inserted the first sentence, and deleted “prior to the end of the applicable period set forth above” following “terminate” in the second sentence.

The 2022 amendments.

The 2022 amendment by c. 355 in subsection A, deleted “of Education” following “Department” and “Board” throughout; deleted “of Public Instruction” following “Superintendent”; and deleted former subsection F, which read: “Any standard of quality set forth in this act that is not required as of June 30, 2004, and for which additional state funding is required, shall not take effect unless the state’s share of funding that standard is included in the general appropriation act for the period July 1, 2004, through June 30, 2006, passed during the 2004 Session of the General Assembly and signed into law by the Governor.”

§ 22.1-99. Approval and certification of apportionment of school funds.

Subject to approval or amendment by the Board of Education, the Superintendent of Public Instruction shall apportion the state funds appropriated for public school purposes among the several school divisions and, when approved, the Superintendent of Public Instruction shall certify to the Comptroller such apportionment for the payment of the same.

History. Code 1950, § 22-140; 1972, c. 663; 1980, c. 559.

§ 22.1-100. Unexpended school and educational funds.

All sums of money derived from the Commonwealth which are unexpended in any year in any school division shall revert to the fund of the Commonwealth from which derived unless the Board of Education directs otherwise. All sums derived from local funds unexpended in any year shall remain a part of the funds of the governing body appropriating the funds for use the next year, but no local funds shall be subject to redivision outside of the locality in which they were raised.

History. Code 1950, § 22-138; 1956, Ex. Sess., c. 67; 1980, c. 559.

CIRCUIT COURT OPINIONS

Malfeasance. —

School board was not subject to any civil cause of action based on malfeasance because the statute had not been violated. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

School board has right to bring legal proceedings. —

County did not have a cause of action against school officials and a school board based on any alleged action under the statutory scheme being malfeasance in office because the statutory scheme gave the school board the right to bring legal proceedings to challenge any irregularity in the acts of an officer or employee but gave no such right to the county. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

OPINIONS OF THE ATTORNEY GENERAL

Regional schools surplus funds. —

There are no legal requirements concerning disposition of surplus funds by joint or regional schools organized pursuant to § 22.1-26. The governing board of each such school may adopt bylaws or rules of operation concerning such disposition, so long as the bylaws or rules are not inconsistent with applicable statutes or regulations. See opinion of Attorney General to Walter C. Erwin, III, Esquire, Lynchburg City Attorney, No. 15-004, 2015 Va. AG LEXIS 24 (9/4/15).

Unexpended funds. —

Funds contributed by members of local public schools’ Section 125 Flexible Benefits Plan are not “local funds” that are subject to return to the city under § 22.1-100 if not expended during the year. See opinion of Attorney General to The Honorable L. Louise Lucas, Member, Senate of Virginia, 20-022, 2020 Va. AG LEXIS 38 (12/11/20).

Special school tax. —

Special school tax can only be used to pay for capital expenditures, indebtedness or rent, therefore unspent special school tax funds can only be reappropriated to the school board for such purposes. See opinion of Attorney General to Michelle R. Robl, County Attorney, Prince William County, 20-029, 2021 Va. AG LEXIS 19 (5/14/21).

§ 22.1-100.1. Lottery proceeds nonrecurring costs escrow accounts.

  1. Notwithstanding the provisions of § 22.1-100, the governing body of any locality may authorize the local treasurer or fiscal officer, by ordinance or resolution, to create a separate escrow account upon the books of the locality for the deposit of that portion of the locality’s appropriation from the lottery proceeds which are designated, pursuant to Item 139 B 4 of Chapter 935 of the 1999 Acts of Assembly or any other state law, for nonrecurring costs incurred by the relevant school division.Such nonrecurring costs shall include school construction, additions, infrastructure, site acquisition, renovations, technology, and other expenditures related to modernizing classroom equipment, and debt service payments on school projects completed during the last ten years. Upon adoption of the proper ordinance or resolution, the treasurer or local fiscal officer of the locality shall place such appropriation into a separate lottery proceeds nonrecurring costs escrow account. Under no circumstances shall the escrow account allowed for the school construction grants pursuant to § 22.1-175.5 be used for these deposits.
  2. The escrow account shall be known as the “County/City/Town of  _______________  Lottery Proceeds Nonrecurring Costs Fund.” All principal deposited to such fund, together with all income from or attributable to the fund, shall be used solely for (i) construction, additions, renovations, including retrofitting and enlarging public school buildings, infrastructure, including technology infrastructure, and site acquisition for public school buildings and facilities or (ii) debt service payments, or a portion thereof, for any such projects completed in the previous ten years if so designated.No disbursement from the fund may be made except upon specific appropriation by the governing body in accordance with applicable law. If a locality establishes such a fund and designates any portion of the funds deposited therein to pay debt service for (i) any general obligation of the locality held by the Virginia Public School Authority or (ii) any Literary Fund loan, the locality shall obtain an opinion of bond counsel that designation of funds to pay debt service on obligations described in clauses (i) and (ii) hereof does not adversely impact the tax-exempt status of such obligations.
  3. All moneys deposited in the fund, including all income from or attributable to such fund, shall be deemed public funds of the locality and shall be subject to all limitations upon deposit and investment provided by general law, including, but not limited to, the Virginia Security for Public Deposits Act (§ 2.2-4400 et seq.). Income, dividends, distributions, and grants accruing to the fund shall be retained in such fund and shall be expended only in accordance with the terms of this section.
  4. Nothing in this section shall be deemed or construed to authorize a school board or school division to receive, hold or invest funds in its own name, or to expend funds in the absence of a specific appropriation by the governing body of the locality in accordance with applicable law.

History. 2000, cc. 635, 693.

§ 22.1-101. Repealed by Acts 1988, c. 101.

§ 22.1-101.1. Increase of funds for certain nonresident students; how increase computed and paid; billing of out-of-state placing agencies or persons.

  1. To the extent such funds are appropriated by the General Assembly, a school division shall be reimbursed for the cost of educating a child who is not a child with disabilities and who is not a resident of such school division under the following conditions:
    1. When such child has been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency, whether state or local, which is authorized under the laws of this Commonwealth to place children;
    2. When such child has been placed within the geographical boundaries of the school division in an orphanage or children’s home which exercises legal guardianship rights; or
    3. When such child, who is a resident of Virginia, has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 which is located within the geographical boundaries of the school division.
  2. To the extent such funds are appropriated by the General Assembly, a school division shall be reimbursed for the cost of educating a child with disabilities who is not a resident of such school division under the following conditions:
    1. When the child with disabilities has been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency, whether state or local, which is authorized under the laws of this Commonwealth to place children;
    2. When such child with disabilities has been placed within the geographical boundaries of the school division in an orphanage or children’s home which exercises legal guardianship rights; or
    3. When such child with disabilities, who is a resident of Virginia, has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 which is located within the geographical boundaries of the school division.
  3. Each school division shall keep an accurate record of the number of days which any child, identified in subsection A or B above, was enrolled in its public schools, the required local expenditure per child, the handicapping condition, if applicable, the placing agency or person and the jurisdiction from which the child was sent. Each school division shall certify this information to the Board of Education by July 1 following the end of the school year in order to receive proper reimbursement. No school division shall charge tuition to any such child.
  4. When a child who is not a resident of Virginia, whether disabled or not, has been placed by an out-of-state agency or a person who is the resident of another state in foster care or other custodial care or in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 located within the geographical boundaries of the school division, the school division shall not be reimbursed for the cost of educating such child from funds appropriated by the General Assembly. The school division in which such child has been enrolled shall bill the sending agency or person for the cost of the education of such child as provided in subsection C of § 22.1-5.The costs of the support and maintenance of the child shall include the cost of the education provided by the school division; therefore, the sending agency or person shall have the financial responsibility for the educational costs for the child pursuant to Article V of the Interstate Compact on the Placement of Children as set forth in Chapters 10 (§ 63.2-1000 et seq.) and 11 (§ 63.2-1100 et seq.) of Title 63.2. Upon receiving the bill for the educational costs from the school division, the sending agency or person shall reimburse the billing school division for providing the education of the child. Pursuant to Article III of the Interstate Compact on the Placement of Children, no sending agency or person shall send, bring, or cause to be sent or brought into this Commonwealth any child for placement unless the sending agency or person has complied with this section by honoring the financial responsibility for the educational cost as billed by a local school division.
  5. To the extent that state funds appropriated by the General Assembly pursuant to subsection A or B or other state funds, such as those provided on the basis of average daily membership, do not cover the full cost of educating a child pursuant to this subsection, a school division shall be reimbursed by (i) the school division in which a child’s custodial parent or guardian resides or (ii) in the case of a child who has been placed in the custody of the Department of Social Services, the school division in which the parent or guardian who had custody immediately preceding the placement resides, for any remaining costs of educating such child, whether disabled or not, who has been placed, not solely for school purposes, in (a) foster care or other custodial care within the geographical boundaries of the school division to be reimbursed, or (b) a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 that is located within the geographical boundaries of the school division to be reimbursed.

History. 1988, c. 101; 1992, cc. 837, 880; 1994, c. 854; 2014, c. 790.

Cross references.

As to enrollment of certain children placed in foster care, see § 22.1-3.4.

Editor’s note.

Acts 1992, cc. 837 and 880, cl. 5, as amended by Acts 1993, cc. 232 and 283, cls. 1 and 2, provide that the amendment to this section by the 1992 acts is effective July 1, 1993.

The 2014 amendments.

The 2014 amendment by c. 790 added subsection E.

Article 2. Special Taxes; Uniform Levies.

§ 22.1-102. Special tax for capital expenditures or payment of indebtedness or rent.

For capital expenditures and for the payment of indebtedness or rent, a governing body may, in addition to the levy and appropriation required under the provisions of §§ 22.1-94 and 22.1-95, levy a special county tax, a special district tax, a special city tax or a special town tax, as the case may be, on all property subject to local taxation. Such levy or levies shall be at such rate or rates as the governing body levying the tax may deem necessary for the purpose or purposes for which levied, except that where the tax is for raising funds for capital expenditures the rate shall not be more than $2.50 on each $100 of the assessed value of such property in any one year.

History. Code 1950, § 22-128; 1959, Ex. Sess., c. 79, § 1; 1971, Ex. Sess., c. 162; 1980, c. 559.

OPINIONS OF THE ATTORNEY GENERAL

Special school tax. —

County Board of Supervisors may levy special school tax as a special county tax to fund capital expenditures or payment of indebtedness or rent. See opinion of Attorney General to Michelle R. Robl, County Attorney, Prince William County, 20-029, 2021 Va. AG LEXIS 19 (5/14/21).

§ 22.1-103. Uniform county levy in lieu of district levies; request by school board; petition for referendum.

In any county in which the governing body imposes district levies for school purposes, the school board may, by resolution, request the governing body to impose a uniform county levy for school purposes with the proceeds to be expended as provided by law and such expenditures shall include the repayment of district school obligations. Upon the receipt of any such resolution the governing body shall petition the circuit court of the county to fix a date for a referendum to obtain the sense of the qualified voters upon such change.

History. Code 1950, § 22-130.1; 1958, c. 45; 1980, c. 559.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 25.

§ 22.1-104. Same; order for referendum; notice.

Upon receiving such petition, the court shall enter an order setting a date for the referendum in accordance with §§ 24.2-682 and 24.2-684 . A certified copy of the order shall be served upon the election officials of the county. Notice of the date of the referendum and the purpose thereof shall be posted on the front door of the courthouse.

History. Code 1950, § 22-130.2; 1958, c. 45; 1975, c. 517; 1980, c. 559.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 25.

§ 22.1-105. Same; conduct of referendum; certification of results.

On the day named in the order the election officials of the county shall open a poll and take the sense of the voters upon the question set forth in the order. The referendum shall be conducted in accordance with §§ 24.2-682 and 24.2-684 and the results thereof ascertained and certified in accordance therewith.

History. Code 1950, § 22-130.3; 1958, cc. 45, 632; 1975, c. 517; 1980, c. 559.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 25.

§ 22.1-106. Same; levy in accordance with results of referendum.

If a majority of those voting in the referendum vote against a uniform county school levy the governing body may levy such taxes as it deems best, subject to law. But if a majority of those voting vote for a uniform county school levy the governing body of the county thereafter shall, for each succeeding tax year, lay a uniform county school levy and the proceeds thereof shall be expended as provided by law for school purposes including the repayment of district school obligations.

History. Code 1950, § 22-130.4; 1958, cc. 45, 632; 1980, c. 559.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 25.

Article 3. Other Funds; Temporary Loans; Trust Funds.

§ 22.1-107. Glebe lands and church property; revenue and income therefrom.

All glebe lands and church property, or the proceeds thereof, which may be appropriated under § 57-3 for education shall be vested in the school board of the school division within whose boundaries the property lies and shall be managed and applied by the school board according to the wishes of the donor. The revenue or income therefrom shall be applied as that portion of the Literary Fund which is allotted to such school division, subject to the same laws and penalties.

History. Code 1950, § 22-118; 1980, c. 559.

Law Review.

For article on Virginia laws affecting churches, see 17 U. Rich. L. Rev. 1 (1982).

§ 22.1-108. Money derived from forest reserve.

All federal funds paid to the Commonwealth arising from the forest reserve shall be paid to the State Treasurer to be distributed and disposed of as provided in this section.

The treasurer of each school division within whose boundaries there is located any land owned by the United States government and held as a forest reserve shall ascertain the area of such land so situated in the school division and the reserve in which the same is located and make a report thereof to the Comptroller. Upon receipt of such information from the treasurer, the Comptroller shall apportion all federal funds arising from such forest reserve among the school divisions in which such forest reserve is located according to the area in each school division. The Comptroller shall keep separate accounts of all federal forest reserve funds received by him.

History. Code 1950, § 22-119; 1960, c. 463; 1980, c. 559.

§ 22.1-109. Federal funds apportioned to school divisions containing lands leased for flood control purposes.

All funds paid to the State Treasurer by the Secretary of the Treasury of the United States under the provisions of Section 5 of Public Law 526 of the 79th Congress, end session, shall be apportioned by the State Comptroller among the school divisions in which lands acquired by the United States for flood control purposes were leased, according to the amounts derived from each school division as stated by the Secretary of the Treasury of the United States.

History. Code 1950, § 22-119.1; 1952, Ex. Sess., c. 31; 1980, c. 559.

§ 22.1-110. Temporary loans to school boards.

No school board shall borrow any money in any manner for any purpose without express authority of law. Any loan negotiated in violation of this section shall be void. Subject to the approval of the governing body or bodies appropriating funds to the school board, any school board is authorized to borrow money, when necessary, not to exceed in the aggregate one-half of the amount produced by the school levy for the school division for the year in which such money is so borrowed or one-half of the amount of the cash appropriation made to such school board for the preceding year or, in school divisions for which there is both a school levy and appropriation, one-half of the amount of each. Such loans shall be evidenced by notes or bonds negotiable or nonnegotiable, as the school board determines. In the case of temporary loans in anticipation of loans from the Literary Fund, such loans shall be repaid within two years of their dates. Other temporary loans shall be repaid within one year of their dates. However, loans made to purchase new school buses to replace obsolete or worn out equipment shall be repaid within not less than 10 years of their dates.

History. Code 1950, § 22-120; 1980, c. 559; 1987, c. 251; 2006, c. 239.

The 2006 amendments.

The 2006 amendment by c. 239 substituted “10 years” for “five years” in the last sentence.

Michie’s Jurisprudence.

For related discussion, see 5A M.J. Counties, § 63.

CASE NOTES

Banks charged with notice of limitations on county treasurer’s authority. —

The county school board has special authority to borrow funds under this section, and authority to borrow for the county is not lodged in the county treasurer but generally in the board of supervisors under former § 15.1-545. Banks are bound to take notice of the limitation upon the treasurer’s authority, and hence they have knowledge that he was acting outside the scope of his official duty when he told them that he was borrowing money for public purposes to be paid back when the subsequent collections would put the county in funds. Bank of Giles County v. Fidelity & Deposit Co., 84 F.2d 321, 1936 U.S. App. LEXIS 4461 (4th Cir. 1936) (decided under prior law).

§ 22.1-111. Trust funds.

In cases where funds or other property are held by trustees for purposes of public school education, a school board shall have the power and duty to examine into the manner in which such trusts are administered. All such trustees shall render reports to the school board whenever called on and afford every facility needed by the school board to obtain a full understanding of all the points connected with such administration. If such examination reveals any defect or irregularity in the administration of such trust funds or other property, it shall be the duty of the school board to institute prompt proceedings for carrying the matter before the courts. In cases where donations or other funds have been set apart for the education of the poor, a school board is authorized to receive and apply the same in connection with the public schools in obedience to the will of the donor. Nothing in this section shall be construed to apply to the twenty-fifth clause of the will of Samuel Miller, deceased, or in anywise to affect or impair any rights or interests whatsoever, either public or private, arising under such clause.

History. Code 1950, § 22-144; 1980, c. 559.

§ 22.1-112. Deposit and disbursement of donations.

Any donations made to the Board of Education or to any member thereof for the benefit of any public school or schools in the Commonwealth shall, upon acceptance, be paid into the state treasury and kept in a separate account on the books of the Comptroller. Such donations shall be expended by the Board in accordance with the wishes of the donor.

History. Code 1950, § 22-145; 1980, c. 559.

Article 4. Town School Division Funds.

§ 22.1-113. Town school division’s share of county school funds.

  1. Funds to be paid by county treasurer to town treasurer. —  For the benefit of each school division composed of a town, the treasurer of the county in which the town is located shall pay over to the town treasurer, if and when properly bonded, the following funds to be used for public school purposes within such town school division:
    1. From the amount derived from a county school levy for public school purposes, a sum equal to the pro rata amount from such levy derived from such town;
    2. From federal funds allocated to and received by the county on the basis of federally-connected pupils for operations or capital outlay purposes, to be apportioned between the county and the town on the same basis of distribution as used in making the allotment of such federal funds to the county and in the ratio that such federally-connected pupils residing in the town bear to the total of such federally-connected pupils residing in the county including the town and which were included in the county’s application for such federal funds.
  2. Division located in adjoining counties. —  Where a town school division is located partly in each of two adjoining counties and operated by a town school board created or constituted by the charter of such town, each county treasurer shall pay over to the town treasurer, if and when properly bonded, from the amount derived from a county school levy or appropriations in each respective county for public school purposes, a sum equal to the pro rata amount from such levy or appropriations derived from such town to be used for public school purposes within the town school division.
  3. State funds from special sources. —  None of the provisions of this section shall require the county treasurer to pay over to the town treasurer of a town school division any funds received from the Commonwealth from special sources, including funds distributed to the localities from the profit realized from the operation of the state alcoholic beverage control system, when the town has received direct appropriations or allocations from the Commonwealth from the same special sources.

History. Code 1950, § 140.1; 1972, c. 663; 1980, c. 559.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 28.

§ 22.1-114. Town school division’s share of general county funds.

For the benefit of each school division composed of a town, the governing body of the county in which such town is located shall require the county treasurer to pay over to the town treasurer, if and when properly bonded, the following funds to be placed in the general fund of the town, subject to appropriation by the governing body of the town as it may deem necessary:

From the amount derived from a general or unit levy for all county purposes, a sum equal to such town’s pro rata share of the general or unit levy receipts derived from the taxable property within the town, including real estate, tangible personal property, merchants’ capital and machinery and tools. The pro rata share of the town shall be determined by allocating to the town the same percentage of general or unit levy receipts as is appropriated by the county governing body for the support of public schools.

History. Code 1950, § 22-141.2; 1972, c. 746; 1980, c. 559.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 28.

Article 5. Treasurers; Accounts.

§ 22.1-115. System of accounting; statements of funds available; classification of expenditures.

The State Board, in conjunction with the Auditor of Public Accounts, shall establish and require of each school division a modern system of accounting for all school funds, state and local, and the treasurer or other fiscal agent of each school division shall render each month to the school board a statement of the funds in his hands available for school purposes. The Board shall prescribe the following major classifications for expenditures of school funds: (i) instruction, (ii) administration, attendance and health, (iii) pupil transportation, (iv) operation and maintenance, (v) school food services and other noninstructional operations, (vi) facilities, (vii) debt and fund transfers, (viii) technology, and (ix) contingency reserves.

History. Code 1950, § 22-143; 1979, c. 630; 1980, c. 559; 1984, c. 130; 1989, c. 94; 2002, c. 470; 2008, c. 131.

The 2002 amendments.

The 2002 amendment by c. 470 deleted “and” preceding “(vii),” and added “and (viii) contingency reserves” at the end of the section.

The 2008 amendments.

The 2008 amendment by c. 131 inserted clause (viii), redesignated former clause (viii) as clause (ix), and made related changes.

Law Review.

For article surveying developments in education law in Virginia, see 37 U. Rich. L. Rev. 89 (2002).

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 27.

OPINIONS OF THE ATTORNEY GENERAL

County school board is solely responsibility for school consolidation. —

A school board is solely responsible for the decision whether and how to consolidate schools, and a county board of supervisors may not instruct the school board to consolidate schools or how to consolidate schools, but may make a recommendation. See opinion of Attorney General to The Honorable Terry C. Kilgore, Member, House of Delegates, 10-118, (12/08/10).

Special school tax. —

Special school tax can only be used to pay for capital expenditures, indebtedness or rent, therefore unspent special school tax funds can only be reappropriated to the school board for such purposes. See opinion of Attorney General to Michelle R. Robl, County Attorney, Prince William County, 20-029, 2021 Va. AG LEXIS 19 (5/14/21).

§ 22.1-116. How and by whom funds for school division kept and disbursed.

The treasurer or comparable officer of each county, city or part thereof constituting a school division or town, if the town constitutes the school division, shall be charged with the responsibility for the receipt, custody and disbursement of the funds of the school board and shall keep such funds in an account or accounts separate and distinct from all other funds.

History. Code 1950, §§ 22-132, 22-133; 1959, Ex. Sess., c. 79, § 1; 1960, c. 222; 1980, c. 559.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, §§ 26, 29.

OPINIONS OF THE ATTORNEY GENERAL

Disbursement of school payroll. —

The authority to establish payroll dates for school division employees rests with the school board, including the establishment of regular payroll periods, but the mechanics of making the payments to schools rest with the treasurer of the locality. See opinion of Attorney General to The Honorable G. Glenn Oder and The Honorable Marty G. Eubank, Treasurer, City of Newport News, 11-003, 2011 Va. AG LEXIS 14 (2/25/11).

This section is satisfied if the treasurer maintains separate internal accounts of the funds of the locality and of the school division for accounting purposes; the treasurer is not required to maintain a separate bank account for school board funds. See opinion of Attorney General to The Honorable G. Glenn Oder and The Honorable Marty G. Eubank, Treasurer, City of Newport News, 11-003, 2011 Va. AG LEXIS 14 (2/25/11).

Special school tax. —

If county board of supervisors votes to levy special school tax, the proceeds of the tax should be managed by the county treasurer in accordance with § 22.2-116. See opinion of Attorney General to Michelle R. Robl, County Attorney, Prince William County, 20-029, 2021 Va. AG LEXIS 19 (5/14/21).

§ 22.1-116.1. Receipt of payment by credit cards; service charge.

School boards may accept payment for services and goods by credit or debit cards. School boards accepting credit or debit card payments may, in addition to any penalties and interest, add to such payment a sum as a service charge for the acceptance of such method of payment.

History. 2002, cc. 164, 238.

§ 22.1-117. Fiscal agents of certain school divisions.

The fiscal agent for the school board of a school division composed of part or all of more than one county or city shall be the treasurer of one of the participating counties or cities, as agreed upon by the division school board and the governing bodies. In the event agreement on the selection of a fiscal agent cannot be reached, the Board of Education shall designate such fiscal agent. For his services as fiscal agent, the treasurer shall be paid such salary as the school board and treasurer may agree upon. In the event the school board and the treasurer so designated cannot agree on such compensation, the amount of salary to be paid shall be determined by a court of competent jurisdiction. The amount so fixed by the court shall be binding upon both the treasurer and the school board. Nothing contained in this section shall affect the regular salary or expense allowance of the treasurer as fixed annually by the State Compensation Board.

History. Code 1950, § 22-100.10; 1954, c. 391; 1980, c. 559.

§ 22.1-118. Management of funds for joint school; county or city treasurer as fiscal agent.

The treasurer of a county or city in which a joint school is located shall be the fiscal agent of such school and shall receive and disburse the funds thereof. However, the participating school boards of a joint school, including an academic year Governor’s School operated by two or more school divisions, may by agreement and with the approval of the respective local governing bodies, select the fiscal agent for the joint school from among the treasurers, as defined in § 58.1-3123 , of the participating localities. All disbursements shall be by warrant signed by the clerk of the committee for control of such school and countersigned by such treasurer as fiscal agent.

For his services as fiscal agent, the treasurer shall be paid such salary as may be agreed upon by the committee for control of the joint school and treasurer. In the event they cannot agree, then the amount of salary to be paid shall be submitted to the circuit court of the county or city in which the school is located for hearing and determination, and the amount so fixed by the court shall be binding upon both the treasurer and the committee. Nothing contained in this section shall affect the regular salary allowance of the treasurer as fixed annually by the State Compensation Board.

The provisions of this section shall not apply to the property and school known as New London Academy leased under the provisions of Chapter 174 of the Acts of Assembly of 1887, approved May 10, 1887, and acts amendatory thereof, nor shall they apply in Albemarle County.

History. Code 1950, § 22-133.1; 1970, c. 215; 1980, c. 559; 1993, cc. 7, 161; 2003, c. 702; 2007, cc. 45, 813.

Cross references.

For statute authorizing establishment of joint schools, see § 22.1-26.

Editor’s note.

Acts 2007, c. 813, cl. 2 provides: “That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007.”

The 2003 amendments.

The 2003 amendment by c. 702 added the last paragraph.

The 2007 amendments.

The 2007 amendment by c. 45, effective February 19, 2007, transferred provisions relating to Governor’s schools in the former last paragraph to the second sentence in the first paragraph and made related changes.

The 2007 amendment by c. 813 substituted “Albemarle County” for “any county having a population of more than 30,900 but less than 31,000” at the end of the third paragraph.

§ 22.1-119. No commission for treasurer.

No treasurer shall receive any commission upon any money loaned from the Literary Fund, upon donations by individuals or foundations, upon funds from insurance on any school building destroyed by fire, upon money derived from the sale of school property or upon funds derived from loans or bond issues.

History. Code 1950, § 22-134; 1980, c. 559.

§ 22.1-120. Settlement by treasurer.

Treasurers or other fiscal agents shall settle with school boards for the school funds as of June thirtieth of each year not later than August fifteenth of each year.

History. Code 1950, § 22-135; 1980, c. 559.

§ 22.1-121. Proceedings against officers, etc., to compel settlement of accounts.

The school board shall have the power and duty, in the event of any delinquency or any irregularity in the acts of any treasurer, officer, agent or employee handling school funds or of any member of such school board, to take such steps and institute such legal proceedings as may be necessary and proper in order to secure complete settlement of the accounts of such treasurer, officer, agent, employee or member of such school board and a full and clear exhibit of the transactions of such treasurer, officer, agent, employee or member of such school board in connection with the receipts and disbursements of any funds for public school purposes and to compel the payment of any balances that may be in the hands of such treasurer or other person. The school board shall have the power and duty to take such steps and institute such legal proceedings as may be necessary and proper to secure a complete settlement of the accounts of any trustees to whom any funds or other property for the purposes of public school education shall have been entrusted and to secure a full and proper administration of such trusts; and to this end it may institute suit for the removal, for good cause shown, of such trustee or trustees and for the appointment of new trustees either to replace those removed or to fill vacancies and may institute such suits or actions as may be necessary to compel the payment of any balances in the hands of the old trustee or trustees so removed or to correct any defect or irregularity whatever in the administration of such trust fund or other property.

History. Code 1950, § 22-136; 1980, c. 559.

CIRCUIT COURT OPINIONS

Preliminary injunctive and mandamus relief was not warranted. —

School board’s request for a preliminary injunction and mandamus relief was denied where the fiscal year was winding down, the city had promised to provide the full complement of funding under the school board’s appropriation by the end of the fiscal year, and the board would have a remedy under § 22.1-121 at the end of the fiscal year. Sch. Bd. of Richmond v. Wilder, 73 Va. Cir. 251, 2007 Va. Cir. LEXIS 56 (Richmond Apr. 6, 2007).

School board has right to bring legal proceedings. —

County did not have a cause of action against school officials and a school board based on any alleged action under the statutory scheme being malfeasance in office because the statutory scheme gave the school board the right to bring legal proceedings to challenge any irregularity in the acts of an officer or employee but gave no such right to the county. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

Article 6. Payment of Claims.

§ 22.1-122. Approval and payment of claims; warrants; prohibited acts.

  1. Except as provided in § 22.1-122.1, a school board shall examine all claims against it and, when approved, shall order or authorize the payment thereof. A record of such approval and order or authorization shall be made in the minutes of the school board. Payment of each claim shall be ordered or authorized by a warrant drawn on the treasurer or other officer charged by law with the responsibility for the receipt, custody and disbursement of the funds of the school board. The warrant shall be signed by the chairman or vice-chairman of the school board, countersigned by the clerk or deputy clerk thereof, made payable to the person or persons, firm or corporation entitled to receive such payment and recorded in the form and manner prescribed by the Board of Education.  There shall be stated on the face of the warrant the purpose or service for which such payment is drawn and the date of the order entered or authority granted by the school board.
  2. A school board may, in its discretion by resolution, appoint an agent, and a deputy agent to act for the agent in his absence or inability to perform this duty, to examine and approve such claims and, when approved by him or his deputy, to order or authorize the payment thereof.  A record of such approval and order or authorization shall be made and kept with the records of the school board. Payment of each such claim so examined and approved by such agent or his deputy shall be ordered or authorized by a warrant drawn on the treasurer or other officer charged by law with the responsibility for the receipt, custody, and disbursement of the funds made available to the school board. The warrant shall be signed by such agent or his deputy and countersigned by the clerk or deputy clerk of the school board, payable to the person or persons, firm or corporation entitled to receive such payments; provided, however, that when the agent appointed by the school board is the division superintendent and the division superintendent and clerk is one and the same person, all such warrants shall be countersigned by the chairman or vice-chairman of the school board and when the deputy agent and deputy clerk is one and the same person, the warrant shall be countersigned by either the clerk or the agent of the school board. There shall be stated on the face of the warrant the purpose or service for which such payment is made and also that such warrant is drawn pursuant to authority delegated to such agent or his deputy by the school board on the . . . . . day of . . . . . . ..  The school board shall require such agent and his deputy to furnish a corporate surety bond conditioned upon the faithful performance and discharge of the duties herein assigned to each such official. The school board shall fix the amount of such bond or bonds and the premium therefor shall be paid out of the funds made available to the school board.
  3. The school board of any school division composed of a county may provide, by resolution, for the drawing of special warrants in payment of compensation, when such compensation has been earned and is due, for (i) all employees and school bus operators under written contract, (ii) upon receipt of certified time sheets or other evidence of service performed, the payment of all other employees whose rates of pay have been established by the school board or its properly delegated agent, and (iii) for payment on contracts for school construction projects according to the terms of such contracts. All such special warrants so authorized shall be signed by the clerk or deputy clerk of the school board and countersigned by the division superintendent or the chairman or vice-chairman of the school board. When the division superintendent and clerk is one and the same person, such special warrants shall be countersigned by such chairman or vice-chairman.  Such payrolls and contracts so paid shall be reviewed and approved by the school board at its next regular meeting.
  4. Any warrant provided for in this section may be converted into a negotiable check when the name of the bank upon which the funds stated in the warrant are drawn or by which the check is to be paid is designated upon its face and is signed by the treasurer or other officer charged by law with the responsibility for the receipt, custody and disbursement of the funds of the school board.
  5. The acts prohibited by § 15.2-1244 with respect to the ordering of the issuance of warrants by a board of supervisors and the signing and countersigning of such warrants by the clerk, deputy clerk, chairman, and vice-chairman of such board shall apply to the ordering of the issuance of warrants by a school board and to the signing and countersigning thereof by the chairman, vice-chairman, clerk, deputy clerk, agent and deputy agent of the school board. Any clerk, deputy clerk, agent, deputy agent or member of any school board who violates any provision of this section shall be guilty of both a Class 3 misdemeanor and malfeasance in office.

History. Code 1950, §§ 22-73, 22-75, 22-76, 22-77, 22-78, 22-97; 1954, c. 291; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1972, c. 426; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559; 1989, c. 179.

Cross references.

As to punishment for Class 3 misdemeanors, see § 18.2-11 .

CIRCUIT COURT OPINIONS

Malfeasance in office. —

Violations of the statute constitute malfeasance in office; the violation of the statute does not give rise, however, to a civil right of action on behalf of the county. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

School board has right to bring legal proceedings. —

County did not have a cause of action against school officials and a school board based on any alleged action under the statutory scheme being malfeasance in office because the statutory scheme gave the school board the right to bring legal proceedings to challenge any irregularity in the acts of an officer or employee but gave no such right to the county. Cty. of Lancaster v. Latimore, 97 Va. Cir. 401, 2013 Va. Cir. LEXIS 228 (Lancaster County May 31, 2013).

OPINIONS OF THE ATTORNEY GENERAL

Control over payroll. —

The authority to establish payroll dates for school division employees rests with the school board, including the establishment of regular payroll periods, but the mechanics of making the payments to schools rest with the treasurer of the locality. See opinion of Attorney General to The Honorable G. Glenn Oder and The Honorable Marty G. Eubank, Treasurer, City of Newport News, 11-003, 2011 Va. AG LEXIS 14 (2/25/11).

§ 22.1-122.1. Accounts to purchase certain materials and supplies.

A school board, by resolution and subject to the approval of the governing body, may establish accounts in each of its departments and schools committed solely for the purchase of instructional materials and office supplies. The school board may authorize the transfer of a percentage of the funds budgeted for a school or division department, not to exceed thirty-five percent of the allocation, into such account.

Such account shall be managed by the principal of the school or head of the division department who shall file a monthly accounting of the funds with the division superintendent. No additional funds shall be transferred into any such account unless the monthly accounting has been filed. The funds in the account may be disbursed for payment of obligations by issuing a negotiable check signed by the principal or head of the division department, and a second person to be designated by the school board. At the close of the fiscal year, all funds remaining in the accounts shall be returned to the school board simultaneously with a full accounting of the disbursements. All such accounts shall be subject to the requirements of § 15.2-2511 and relevant provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.).

History. 1989, c. 179; 1992, c. 175; 1999, c. 388.

The 1999 amendment, in the first paragraph, in the first sentence, inserted “departments and,” deleted “which are not stocked or purchased directly by the school division, items costing no more than $500 per order and essential to meet immediate health, safety, or security needs,” and inserted “or division department” in the second sentence, in the second paragraph, and inserted “or head of the division department” in the first and third sentences.

§ 22.1-123. Petty cash funds; payment of claims from petty cash.

Any school board may by resolution establish one or more petty cash funds, not exceeding $2,000 each, for the payment of claims arising from commitments made pursuant to provisions of law.

A school board may appoint an agent or other person who shall be authorized only to approve payment of claims arising from commitments made pursuant to provisions of law from such petty cash funds as may be established by the school board. Any agent or person into whose hands any such fund is placed may pay such claims therefrom without necessity of prior receipt and audit of the claims by the school board and without approval and issuance of the warrant of the school board.

The clerk of the school board shall report this action to the school board or to any appointed agent of the school board for approval and reimbursement at least within thirty days of the month following the month in which any claim has been paid.

Any agent or person into whose hands such fund is placed shall give bond with surety in the amount of $4,000, provided that additional bond shall not be required of any agent or person already bonded in the required amount.

History. Code 1950, § 22-74; 1972, c. 462; 1976, c. 18; 1980, c. 559; 1985, c. 194; 1991, c. 386; 1994, c. 55.

§ 22.1-124. Officers may not purchase warrants for less than face value.

It shall be unlawful for any county, municipal or state officer to acquire by purchase, directly or indirectly, at less than its face value any warrant or other evidence of indebtedness issued for any school purpose whatsoever by the governing body of any county, city or town or by any school board. Any violation of the provisions of this section shall be a Class 3 misdemeanor. Upon the conviction of any such officer of a violation of this section, his office shall be deemed vacant.

History. Code 1950, § 22-212; 1980, c. 559.

Cross references.

As to punishment for Class 3 misdemeanors, see § 18.2-11 .

Chapter 9. School Property.

Article 1. General Provisions.

§ 22.1-125. Title to property vested in school board; exception; extent of school board’s authority.

  1. The title to all school property, both real and personal, within a school division shall be vested in the school board, except that by mutual consent of the school board of a school division composed solely of part or all of a city and the governing body of the city, the title to property may vest in the city.
  2. The official care and authority of a school board shall cover all territory included in the geographical boundaries of the school division and all school property located without and contiguous to the boundaries of such school division when the title to such property is vested either in the school board or a city; provided, however, that school property lying without the corporate limits of a city but not adjacent thereto on January 1, 1968, shall be subject to the official care and authority of the school board of such city or the city.

History. Code 1950, §§ 22-94, 22-95; 1968, c. 702; 1972, c. 662; 1980, c. 559.

Cross references.

For requirement that if public school boards and public institutions of higher education provide access to buildings, grounds and the student information directory to persons or groups which make students aware of occupational or educational options, they must provide access on the same basis to official recruiting representatives of the military forces, see § 2.2-3804 .

As to tenancy in common with school board for certain property, see § 15.2-1800.1 .

CASE NOTES

Supervision of schools vested in school board. —

Summary judgment in favor of plaintiffs was reversed as the city could not be required to fund a federal court order mandating the system-wide retrofitting of city schools, under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.S. §§ 12131-34, without any determination that the city discriminated against or otherwise excluded plaintiffs from its services and activities; to impose a funding obligation on the city in the absence of any underlying finding of liability disrespected the long-standing structure of local government and impaired the Commonwealth’s ability to structure its state institutions and run its schools. The settlement terms ultimately reached by plaintiffs and the school board as a result of arms-length negotiation were obligations on the school board’s part and it could present whatever ADA duties it had, not only to the city, but also to other funding entities. Bacon v. City of Richmond, 475 F.3d 633, 2007 U.S. App. LEXIS 1404 (4th Cir. 2007).

§ 22.1-126. Property given, devised or bequeathed to school board.

When any real or personal property is given, devised or bequeathed to any school board or for public school purposes, it shall be vested in the school board unless inconsistent with the terms of the gift, devise or bequest and shall be managed and applied by the school board according to the wishes of the donor or testator. The school board shall, in addition to the regular settlement which it is required to make of all school funds, settle annually before the commissioner of accounts so far as the management of the property so bequeathed or devised is concerned, and the court having jurisdiction shall have the right to compel such a settlement, as is provided for in § 64.2-1216 .

In the case of any change in the boundaries of any school division, the school board shall make provision for continuing the fulfillment of the purposes of such donor or testator as far as practicable and settlement shall be made as provided for above.

History. Code 1950, § 22-148; 1980, c. 559.

Editor’s note.

At the direction of the Virginia Code Commission, the reference to “26-18” was changed to “64.2-1216” to conform to the recodification of Title 64.1 by Acts 2012, c. 614, effective October 1, 2012.

OPINIONS OF THE ATTORNEY GENERAL

Gift of construction services. —

This section does not authorize a school board to accept a gift of construction services. However, a local school board may accept a gift of services pursuant to the Virginia State Government Volunteers Act. See opinion of Attorney General to The Honorable Riley E. Ingram, Member, House of Delegates, 06-068, 2006 Va. AG LEXIS 48 (11/30/06).

§ 22.1-126.1. Acquisition of property for educational purposes by counties, cities and towns.

Any county, city or town or any combination thereof acting jointly may acquire for educational purposes by gift, purchase, condemnation or otherwise, real property and any improvements thereon within the county, city, town or combination thereof acquiring the property or within any county or city adjacent to any such county, city or town and may construct buildings thereon to be used for educational purposes. The powers of condemnation granted by this section shall be subject to the provisions of § 25.1-102 to the same extent as though such county, city or town were a corporation possessing the power of eminent domain. Whenever the property is not within a county, city or town acquiring the property, not more than 50 acres may be acquired. Property acquired pursuant to this section shall be under the control of the school board of the county, city or town acquiring it, or, in the case of joint action by two or more counties, cities or towns or combinations thereof, control of such property shall be under a board chosen in the manner and for the term provided in § 22.1-53. Such property may be leased on such terms as may be agreed upon to any public institution of higher education to provide for education beyond high school of residents in the general region of such political subdivisions, or the property may, with the approval of the governing body of each such participating political subdivision, be conveyed to any such institution of higher education upon such terms and conditions as shall be agreed upon by such governing bodies and the governing body of the institution and approved by the Governor.

History. 1995, c. 250; 2003, c. 940.

Cross references.

As to acquisition of land on which an abandoned or previously unidentified graveyard is located, see § 57-36 .

Editor’s note.

At the direction of the Virginia Code Commission, “public institution of higher education” was substituted for “state-supported institution of higher learning” and “higher education” was substituted for “higher learning” in the last sentence to conform to Acts 2016, c. 588.

The 2003 amendments.

The 2003 amendment by c. 940 substituted “§ 25.1-102 ” for “§ 25-233” in the second sentence, and substituted “50” for “fifty” in the third sentence.

§ 22.1-127. Condemnation of land for school purposes; right of entry; location of school outside boundaries of school division.

A school board shall have the power to exercise the right of eminent domain and may condemn land or other property or any interest or estate therein, including dwellings, yards, gardens or orchards, necessary for public school purposes pursuant to the provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and in the manner provided by Chapter 3 (§ 25.1-300 et seq.) of Title 25.1. To determine the suitability of the land for school purposes, a school board shall have the same right of entry under the same conditions as a county, city, or town pursuant to § 25.1-203 . A school board shall have no authority to locate any school which was not begun prior to January 1, 1978, on property outside the boundaries of the school division unless the school board first obtains the approval of the governing body of the county, city or town in which a proposed school will be located.

History. Code 1950, §§ 22-97, 22-149; 1952, c. 87; 1954, c. 291; 1959, Ex. Sess., c. 79, § 1; 1966, c. 273; 1968, c. 501; 1971, Ex. Sess., c. 161; 1972, c. 549; 1973, c. 186; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559; 1994, c. 786; 2003, c. 940.

The 2003 amendments.

The 2003 amendment by c. 940 substituted “Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and in the manner provided by Chapter 3 (25.1-300 et seq.) of Title 25.1” for “Chapter 1.1 (§ 25-46.1 et seq.) of Title 25 and in the manner provided by law for the Commonwealth Transportation Commissioner in Article 7 (§ 33.1-89 et seq.) of Chapter 1 of Title 33.1” in the first sentence, and substituted “§ 25.1-203 ” for “§ 25-232.1” in the second sentence.

Michie’s Jurisprudence.

For related discussion, see 7A M.J. Eminent Domain, §§ 9, 15, 28.

§ 22.1-128. Title to school board real estate.

Whenever any school board purchases real estate or acquires title thereto, the title to such real estate shall be certified in writing by a competent and discreet attorney-at-law selected by the school board, or title insurance, approved by a competent and discreet attorney-at-law selected by the school board, shall be purchased for such real estate. Such certification or policy of insurance shall be filed with the clerk of the school board along with the recorded deed or other papers by which the title is conveyed. No contract for any such purchase shall bind the school board until the title to such real estate is thus certified or insured.

The school board shall pay to the attorney reasonable compensation for these services.

History. Code 1950, § 22-150; 1978, c. 26; 1980, c. 559; 1983, c. 32; 1987, c. 188.

Michie’s Jurisprudence.

For related discussion, see 7A M.J. Estoppel, § 7; 16 M.J. Schools, § 15.

§ 22.1-129. Surplus property; sale, exchange or lease of real and personal property.

  1. Whenever a school board determines that it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body and after the school board has held a public hearing on such sale and retention of proceeds, or may convey the title to such real property to the county or city or town comprising the school division or, if the school division is composed of more than one county or city, to the county or city in which the property is located. To convey the title, the school board shall adopt a resolution that such real property is surplus and shall record such resolution along with the deed to the property with the clerk of the circuit court for the county or city where such property is located. Upon the recording of the resolution and the deed, the title shall vest in the appropriate county, city or town.
  2. A school board shall have the power to exchange real and personal property, to lease real and personal property either as lessor or lessee, to grant easements on real property, to convey real property in trust to secure loans, to convey real property to adjust the boundaries of the property and to sell personal property in such manner and upon such terms as it deems proper. As lessee of real property, a school board shall have the power to expend funds for capital repairs and improvements on such property, if the lease is for a term equal to or longer than the useful life of such repairs or improvements.
  3. Notwithstanding the provisions of subsections A and B, a school board shall have the power to sell career and technical education projects and associated land pursuant to § 22.1-234.

    Notwithstanding the provisions of subsections A and B, a school board of the City of Virginia Beach shall have the power to sell property to the Virginia Department of Transportation or the Commissioner of Highways when the Commissioner has determined that (i) such conveyance is necessary and (ii) when eminent domain has been authorized for the construction, reconstruction, alteration, maintenance, and repair of the public highways of the Commonwealth, and for all other purposes incidental thereto, including the relocation of public utilities as may be required.

  4. School boards may donate obsolete educational technology hardware and software that is being replaced pursuant to subsection B 4 of § 22.1-199.1. Any such donations shall be offered to other school divisions, to students, as provided in Board guidelines, and to preschool programs in the Commonwealth. In addition, elected school boards may donate such obsolete educational technology hardware and software and other obsolete personal property to a Virginia nonprofit organization which is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

History. Code 1950, § 22-161; 1968, c. 261; 1973, c. 220; 1980, c. 559; 1989, c. 102; 1991, c. 298; 1995, c. 513; 1997, c. 686; 2000, c. 93; 2001, c. 483; 2005, c. 446; 2007, c. 813; 2010, c. 763; 2012, cc. 805, 836; 2022, c. 355.

Cross references.

As to tenancy in common with school board for certain property, see § 15.2-1800.1 .

As to the 1990, 2000, and 2010 United States census population figures for counties and cities in the Commonwealth of Virginia, see the Appendix to volume 3A.

Editor’s note.

Acts 2007, c. 813, cl. 2, provides: “That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007.”

Acts 2011, cc. 36 and 152, cl. 3 provides: “That the Virginia Code Commission shall carry out such editorial changes to the Code of Virginia as may be required to reflect the provisions of this act changing the title ‘Commonwealth Transportation Commissioner’ to ‘Commissioner of Highways.”’ “Commissioner of Highways” was substituted for “Commonwealth Transportation Commissioner” in this section.

Acts 2001, c. 483, cl. 2, provides: “That this act shall not be construed to require any local school board to rename its vocational schools or programs or to require any public or private vocational school to change its name; however, any public school having in its name the terms vocational or vocational technical or any variation of these terms and designated by a local school board to be a vocational or vocational technical school shall comply with the relevant requirements for career and technical education set forth in Title 22.1 of the Code of Virginia and the applicable regulations.”

Acts 2001, c. 483, cl. 3, provides: “That nothing contained in this act shall be construed to require expenditure of funds to realign any name with the term ‘career and technical education’ or to require any redesigning or reprinting of any logo, stationery, informational material or website. In addition, any stationery, pamphlets or other printed material referring to vocational education or some other term denoting career and technical education requiring an eventual revision of a state program or name may continue to be used in the normal course of business until consumed before being redesigned and reprinted.”

Acts 2001, c. 483, cl. 4, provides: “That, further, whenever any references are used in the Code of Virginia to vocational education or to vocational technical education or, when used to denote an education program, to vocational rehabilitation or any other state or local program name that clearly relates to career and technical education within its context, such terms shall be deemed to be subsumed by, synonymous with and included in the term ‘career and technical education.’ ”

Acts 2001, c. 483, cl. 5, provides: “That this act shall not be construed to require any additional services or changes in services in any state or local program or to require any such program to deliver different services than are required by 1applicable law.”

The 2000 amendments.

The 2000 amendment by c. 93 inserted “to students, as provided in Board of Education guidelines” in the second sentence of subsection D.

The 2001 amendments.

The 2001 amendment by c. 483 substituted “career and technical” for “vocational” in subsection C, and substituted “that” for “which” in the first sentence of subsection D.

The 2005 amendments.

The 2005 amendment by c. 446 added the last paragraph in subsection C.

The 2007 amendments.

The 2007 amendment by c. 813 substituted “the City of Virginia Beach” for “a school division comprised of a city having a population of 350,000 or more adjacent to the Atlantic Ocean” in the second paragraph in subsection C.

The 2010 amendments.

The 2010 amendment by c. 763 added the last sentence in subsection D.

The 2012 amendments.

The 2012 amendments by cc. 805 and 836 are identical, and deleted the second paragraph of subsection A, which read: “If a school board sells surplus real property, a capital improvement fund shall be established by such school board and the proceeds of such sale retained by the school board shall accrue to such capital improvement fund. The capital improvement fund shall only be used for new school construction, school renovation, and major school maintenance projects.”

The 2022 amendments.

The 2022 amendment by c. 355 deleted “but not limited to” following “including” in subsection C in the second paragraph; and in subsection D, substituted “subsection” for “subdivision” and deleted “of Education” following “Board”; and made stylistic changes.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, § 15.

CASE NOTES

Sale of property lost by reversion. —

To conclude that the statute authorizing the sale or exchange of school property means that the school board could sell or exchange property which it has lost by reversion would be farcical. School Bd. v. Buford, 140 Va. 173 , 124 S.E. 286 , 1924 Va. LEXIS 163 (1924) (decided under prior law).

OPINIONS OF THE ATTORNEY GENERAL

Lease of buildings to museum. —

Loudoun County School Board may lease a 1883 schoolhouse and adjacent brick building to the Loudoun Museum Inc., if the leased property is used for the benefit of the school district and the nominal lease is consistent with good business judgment and sound business principles. See opinion of Attorney General to The Honorable William C. Mims, Member, Senate of Virginia, 03-120 (1/22/04).

The question of whether the nominal lease of building to a museum benefits the school district and is consistent with good business judgment and sound business principles is a question of fact to be resolved by the Loudoun County School Board. See opinion of Attorney General to The Honorable William C. Mims, Member, Senate of Virginia, 03-120 (1/22/04).

Capital renovation costs for school property that is neither leased nor owned. —

A school board does not currently have the legal authority to fund capital renovation costs for school property that it does not lease and which is fully owned and operated by a different county school board. See opinion of Attorney General to the Honorable Joe T. May, Member, House of Delegates, 13-028, 2013 Va. AG LEXIS 44 (6/28/13).

§ 22.1-129.1. Transfer of assistive technology devices.

  1. For the purposes of this section:“Assistive technology device” means any device, including equipment or a product system, which is used to increase, maintain, or improve functional capabilities of a child with a disability. Assistive technology device shall not include surgically implanted medical devices, such as cochlear implants.“Child with a disability” means the same as that term is defined in § 22.1-213.“Transfer” means the process by which a school division that has purchased an assistive technology device may sell, lease, donate, or loan the device pursuant to subsection B.
  2. An assistive technology device may be transferred to (i) the school division to which a child with a disability transfers from the school division that purchased the device; (ii) a state agency, including the Department for Aging and Rehabilitative Services, that provides services to a child with a disability following the child’s graduation or when a school division ceases to provide special education services for the student; or (iii) the parents of a child with a disability, or the child with a disability if the child with a disability is age 18 or older and has capacity to enter into a contract.

History. 2012, c. 214; 2016, cc. 720, 750.

Editor’s note.

At the direction of the Virginia Code Commission, “Department for Aging and Rehabilitative Services” was substituted for “Department of Rehabilitative Services” in subsection B to conform to changes made by Acts 2012, cc. 803 and 835, enactments 59 to 71.

Acts 2012, c. 214, cl. 2, provides: “That the Department of Education shall issue guidelines for the transfer of assistive technology devices no later than July 1, 2013. The guidelines shall address (i) a uniform transfer agreement to convey title to an assistive technology device and applicable warranty information and (ii) a method for computing the fair market value of an assistive technology device, including a reasonable allowance for use.”

The 2016 amendments.

The 2016 amendments by cc. 720 and 750 are identical, and deleted “with a standard or advanced studies diploma” following “child’s graduation” in clause (ii) of subsection B.

§ 22.1-130. Authority to acquire property from United States or any agency thereof.

  1. Notwithstanding the provisions of any other law or of any charter or any ordinance, any school board may, by resolution, authorize the acquisition and purchase from the United States or any agency thereof of any equipment, supplies, materials, or other property, real or personal, in such manner as such school board may determine.
  2. It is the purpose of this section to enable school boards to secure from time to time promptly the benefits of acquisitions and purchases as authorized by this section, to aid them in securing advantageous purchases, to prevent unemployment and thereby to assist in promotion of public welfare and to these ends school boards shall have power to do all things necessary or convenient to carry out such purpose, in addition to the expressed power conferred by this section. This section is remedial in nature and the powers hereby granted shall be liberally construed.

History. Code 1950, § 22-151; 1980, c. 559.

§ 22.1-130.1. Access to high schools and high school students for military recruiters.

Pursuant to Standard 1 of the Standards of Quality (Chapter 13.2 (§ 22.1-253.13:1 et seq.) of Title 22.1), all school boards are required to implement career and technical education programs promoting knowledge of careers and various employment opportunities, including, but not limited to, military careers. Therefore, any school board that provides access to one or more of its high schools and contact with such high school’s student body or other contact with its high school students during a school or school division-sponsored activity whether conducted on school board property or other property to persons or groups for occupational, professional or educational recruitment shall provide equal access on the same basis to official recruiting representatives of the military forces of the Commonwealth and the United States.

History. 2001, c. 262.

Editor’s note.

The phrase “career and technical education” has been substituted for “career education” at the direction of the Virginia Code Commission, pursuant to Acts 2001, c. 483.

§ 22.1-131. Boards may permit use of various school property; general conditions; electric vehicle charging stations.

  1. A school board may permit the use, upon such terms and conditions as it deems proper, of such school property as will not impair the efficiency of the schools. The school board may authorize the division superintendent to permit use of the school property, including buildings, grounds, vehicles, and other property, under such conditions as it deems will not impair the efficiency of the schools and are, therefore, proper. The division superintendent shall report to the school board at the end of each month his actions under this section. Permitted uses of buildings may include, but are not limited to, use as voting places in any primary, regular or special election and operation of a local or regional library pursuant to an agreement between the school board and a library board created as provided in § 42.1-35 .
  2. Any school board may locate and operate retail fee-based electric vehicle charging stations on school property, provided that the use of each such station during the school day is restricted to school board employees, students, and authorized visitors and each such station is accompanied by appropriate signage that provides reasonable notice of such restriction.

History. Code 1950, §§ 22-164, 22-164.1; 1973, c. 245; 1980, c. 559; 2000, c. 754; 2017, c. 239.

The 2000 amendments.

The 2000 amendment by c. 754, in the second sentence, inserted “including buildings, grounds, vehicles, and other property” and inserted “will not impair the efficiency of the schools and are, therefore” and, in the last sentence, inserted “of buildings” and inserted “but are not limited to.”

The 2017 amendments.

The 2017 amendment by c. 239 designated the existing language as subsection A, and added subsection B.

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

Immunity of school board from tort liability. —

In permitting a concert to be given on school property, the school board was acting pursuant to the authority granted by statute and was engaged in a governmental function. It therefore partook of the sovereignty of the State with regard to immunity from tort liability. Kellam v. School Bd., 202 Va. 252 , 117 S.E.2d 96, 1960 Va. LEXIS 214 (1960).

A school auditorium, which has effectively been partially dedicated for First Amendment uses, may be used for purposes of assembly, communicating thoughts between citizens and discussing public questions. National Socialist White People's Party v. Ringers, 473 F.2d 1010, 1973 U.S. App. LEXIS 11833 (4th Cir. 1973).

A school board’s repeated exercise of its discretionary authority to rent a high school auditorium for a nominal fee during nonschool hours to public and private groups for public and private meetings on a first-come first-served basis, to the extent that the auditorium is not needed for school purposes and that nonschool uses will not endanger the property, constitutes an effective dedication of the auditorium for the exercise of the First Amendment rights of freedom of speech, association and assembly. National Socialist White People's Party v. Ringers, 473 F.2d 1010, 1973 U.S. App. LEXIS 11833 (4th Cir. 1973).

Such auditorium is indistinguishable from streets and parks as “public place.” —

Partial dedication as a forum for the exercise of First Amendment rights makes a school auditorium conceptually indistinguishable for First Amendment purposes as a “public place” from streets and parks, which, too, are acquired and maintained at public expense. National Socialist White People's Party v. Ringers, 473 F.2d 1010, 1973 U.S. App. LEXIS 11833 (4th Cir. 1973).

The use of facilities partially dedicated as a public forum for the expression of diverse views does not amount to state espousal of racist views, whether they are merely expressed or whether they are expressed by a group which implements them by racist membership policies. National Socialist White People's Party v. Ringers, 473 F.2d 1010, 1973 U.S. App. LEXIS 11833 (4th Cir. 1973).

The state action doctrine of the Fourteenth Amendment is not applicable where a group seeks to exercise First Amendment rights in a public forum dedicated to that purpose. National Socialist White People's Party v. Ringers, 473 F.2d 1010, 1973 U.S. App. LEXIS 11833 (4th Cir. 1973).

If a high school auditorium is made available to all groups, the very diversity and complexity of the views expressed, taken in bulk, will cure any incidental official identification attendant upon the use of the building for the articulation of extreme or abusive speech. National Socialist White People's Party v. Ringers, 473 F.2d 1010, 1973 U.S. App. LEXIS 11833 (4th Cir. 1973).

First Amendment prohibits State from denying generally provided public forum. —

The First Amendment prohibits Virginia from hampering its citizens in the exercise of their right to speak and assemble freely by denying a generally provided public forum. National Socialist White People's Party v. Ringers, 473 F.2d 1010, 1973 U.S. App. LEXIS 11833 (4th Cir. 1973).

While limitations may be sustained on use of a school auditorium as a forum to permit it to serve its prime function of school purposes, to serve the general comfort and convenience, and to preserve peace and good order, including the protection of property, regulation which limits the exercise of First Amendment guarantees should be stricken down. National Socialist White People's Party v. Ringers, 473 F.2d 1010, 1973 U.S. App. LEXIS 11833 (4th Cir. 1973).

Denial because of requestor’s discriminatory membership policies is invalid prior restraint. —

A school board’s denial of the use of a public forum because of the requestor’s discriminatory membership policies constitutes as much of an invalid prior restraint as if it had denied the requestor’s use of the forum on the basis of the controversial beliefs which the requestor would express at that place. National Socialist White People's Party v. Ringers, 473 F.2d 1010, 1973 U.S. App. LEXIS 11833 (4th Cir. 1973).

§ 22.1-131.1. Certain school board property; establishment of gun-free zone permitted.

Notwithstanding the provisions of § 15.2-915 , in addition to ensuring compliance with the federal Gun-Free School Zones Act of 1990, 18 U.S.C. § 922(q), any school board may deem any building or property that it owns or leases where employees of such school board are regularly present for the purpose of performing their official duties, outside of school zones, as that term is defined in 18 U.S.C. § 921, as a gun-free zone and may prohibit any individual from knowingly purchasing, possessing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property. Such prohibition shall not apply to (i) any law-enforcement officer; (ii) any retired law-enforcement officer qualified to carry firearms pursuant to subsection C of § 18.2-308.016 ; (iii) any individual who possesses an unloaded firearm that is in a closed container in or upon a motor vehicle or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (iv) any individual who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress to or egress from the school board property.

History. 2021, Sp. Sess. I, c. 439.

Effective date.

This section is effective July 1, 2021.

§ 22.1-132. Boards may impose certain conditions on use of property.

Permits for the use of school property may contain, among other matters, (i) provisions limiting the use of the property while classes are in session and (ii) an undertaking by the lessee to return the property so used in as good condition as when leased, normal wear and tear excepted.

History. Code 1950, § 22-164.2; 1980, c. 559.

§ 22.1-132.01. Youth-oriented, community organizations on school property.

Local school boards shall, subject to the provisions of § 22.1-131, provide reasonable and appropriate access to school property to youth-oriented, community organizations such as the Boy Scouts of America and Girl Scouts of the USA, and their volunteers and staff, to distribute and provide instructional materials in order to encourage participation in such organizations and their activities. Any such access provided during the school day shall not conflict with instructional time. Such access may also include after-school sponsored activities such as “Back to School” events, where it can be reasonably accommodated.

History. 2016, c. 647.

Editor’s note.

Acts 2016, c. 647 was codified as this section at the direction of the Virginia Code Commission.

§ 22.1-132.1. Daycare programs in certain localities.

  1. Upon agreement of the relevant governing body, a school board may establish day-care programs outside the regular school hours for students who attend elementary and middle schools. In order to be eligible to attend such programs, a student shall be enrolled in a public or private school or reside in the relevant school division.  Such programs may be conducted before or after school hours or both.
  2. The school board of the City of Petersburg may establish day-care programs during school hours for children of students who reside in the relevant school division and who are enrolled in a public school in the said city.
  3. No state or local funds appropriated for educational purposes shall be used to support any programs established pursuant to subsections A and B of this section.The school boards shall contract only with those agencies which are licensed or certified by the Commissioner of Social Services.This provision shall not be construed to apply to programs implemented pursuant to § 22.1-131.

History. 1988, c. 670; 1989, c. 507; 1990, cc. 411, 415, 612, 939; 1991, c. 569; 1992, cc. 204, 336; 1993, cc. 176, 207, 777, 889.

§ 22.1-132.2. Integrated pest management on school property.

The Department of Education shall make information available to school boards on integrated pest management programs that appropriately address the application of chemical pesticides and other pest control measures on school property. For purposes of this section, “integrated pest management” shall mean a managed pest control and suppression program that uses various integrated methods to keep pests from causing economic, health-related, or aesthetic injury and minimizes the use of pesticides and the risk to human health and the environment associated with pesticide applications. Methods may include the utilization of site or pest inspections, pest population monitoring, evaluation of control requirements, and the use of one or more pest control methods including sanitation, structural repair, nonchemical methods, and pesticides when nontoxic options produce unsatisfactory results or are impractical. Each local school division shall maintain documentation of any pesticide application that includes the target pest, the formulation applied, and the specific location of the application. The guidelines and programs adopted pursuant to this section shall permit the immediate application of pesticides or other effective control measures to eradicate pest infestations that pose an acute danger to students and staff.

History. 2009, c. 440; 2010, c. 40.

Editor’s note.

Acts 2009, c. 440, cl. 2 provides: “That the Virginia Cooperative Extension, in cooperation with the Pesticide Control Board, shall develop guidelines for integrated pest management no later than July 1, 2010.”

The 2010 amendments.

The 2010 amendment by c. 40 substituted “Each local school division shall” for “Each school shall” at the beginning of the fourth sentence.

§ 22.1-133. Flags.

The flags of the United States of America and of the Commonwealth shall be flown in accordance with protocol and in an appropriate place at every public school. A flag of the Commonwealth shall be furnished by the Commonwealth for each new public school upon request of the school board directed to the Governor.

History. Code 1950, §§ 7.1-36, 22-133; 1956, Ex. Sess., c. 30; 1959, Ex. Sess., c. 79, § 1; 1960, c. 222; 1966, c. 102; 1980, c. 559.

Michie’s Jurisprudence.

For related discussion, see 8B M.J. Flags and Emblems, § 1.

§ 22.1-134. Maintenance, etc., of school buildings and buses by county department of public works.

Insofar as permitted by Article VIII, Section 5 and Article VIII, Section 7 of the Constitution of Virginia, in any county operating under an optional form of organization and government provided for in Chapter 6 (§ 15.2-600 et seq.) of Title 15.2, the board of supervisors of such county, at the request of the county school board, may transfer the maintenance of school buildings and grounds and operation and maintenance of school buses from the department of education to the department of public works; and such board of supervisors, at the request of the county school board, may authorize the construction of new school buildings and additions to existing school buildings under direction of its department of public works.

History. Code 1950, § 22-151.1; 1971, Ex. Sess., c. 1; 1980, c. 559.

Article 2. School Buildings.

§ 22.1-135. Health and decency.

No public school shall be allowed in any building which is not in such condition and provided with such conveniences as are required by a due regard for decency and health.

History. Code 1950, §§ 22-97, 22-157; 1954, c. 291; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559.

Law Review.

For note on AIDS in the public schools, see 29 Wm. & Mary L. Rev. 881 (1988).

CIRCUIT COURT OPINIONS

Limitation of actions. —

Where a student sued a school board and its employees, alleging gross negligence and fraud based on injuries he allegedly suffered due to toxic mold infestation of an elementary school, as his diagnosis of mold-related illness and the attribution of his illness to mold infestation at the school did not occur until less than two years before the suit was filed, the suit was not time-barred. Simpson v. Thorsen, 84 Va. Cir. 252, 2012 Va. Cir. LEXIS 7 (Suffolk Jan. 31, 2012).

School board and its employees did not enjoy sovereign immunity as to a student’s gross negligence claims based on injuries he allegedly suffered due to toxic mold infestation of an elementary school, as the board owed a duty to him to operate the school to which he was assigned, and the board’s employees had a direct responsibility to the board for maintenance of the facilities, and owed duties to the student that were derivative of their duties to the board. Simpson v. Thorsen, 84 Va. Cir. 252, 2012 Va. Cir. LEXIS 7 (Suffolk Jan. 31, 2012).

Sovereign immunity. —

As school building maintenance was designated a governmental duty under § 22.1-135 et seq., a school board and its employees enjoyed sovereign immunity as to a student’s claims of simple negligence based on injuries he allegedly suffered due to toxic mold infestation of an elementary school. Simpson v. Thorsen, 84 Va. Cir. 252, 2012 Va. Cir. LEXIS 7 (Suffolk Jan. 31, 2012).

OPINIONS OF THE ATTORNEY GENERAL

Physical condition of schools. —

Remedies for inequality in public education, whether arising from poor school physical plant conditions or otherwise, are available under the mandates of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; the Civil Rights Act of 1964; the Equal Educational Opportunities Act of 1974; and Title IX of the Education Amendments of 1972, which collectively prohibit discrimination on the basis of race and sex. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

The general assembly has enacted state laws that make local school boards primarily responsible for constructing and renovating school buildings in Virginia. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

§ 22.1-135.1. Potable water; lead testing.

Each local school board shall develop and implement a plan to test and, if necessary, remediate potable water from sources identified by the U.S. Environmental Protection Agency as high priority for testing, including bubbler-style and cooler-style drinking fountains, cafeteria or kitchen taps, classroom combination sinks and drinking fountains, and sinks known to be or visibly used for consumption. Such plan shall be consistent with guidance published by the U.S. Environmental Protection Agency or the Department of Health. The local school board shall give priority in the testing plan to schools whose school building was constructed, in whole or in part, before 1986. Each local school board shall submit such testing plan and report the results of any such test to the Department of Health. Each local school board shall take all steps necessary to notify parents if testing results indicate lead contamination that exceeds 10 parts per billion.

History. 2017, c. 628; 2020, cc. 293, 884.

The 2020 amendments.

The 2020 amendments by cc. 293 and 884 are identical, and inserted the second sentence and added the last two sentences.

§ 22.1-136. Duty of division superintendent to close buildings.

When a public school building appears to the division superintendent to be unfit for occupancy, it shall be his duty to close the same and immediately to give notice thereof in writing to the members of the school board. No public school shall be held therein nor shall any state or local funds be applied to support any school in such building until the division superintendent shall certify in writing to the school board that he is satisfied with the condition of such building and with the appliances pertaining thereto.

History. Code 1950, §§ 22-97, 22-158; 1954, c. 291; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559.

OPINIONS OF THE ATTORNEY GENERAL

Physical condition of schools. —

Remedies for inequality in public education, whether arising from poor school physical plant conditions or otherwise, are available under the mandates of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; the Civil Rights Act of 1964; the Equal Educational Opportunities Act of 1974; and Title IX of the Education Amendments of 1972, which collectively prohibit discrimination on the basis of race and sex. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

The general assembly has enacted state laws that make local school boards primarily responsible for constructing and renovating school buildings in Virginia. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

§ 22.1-137. Fire drills.

In every public school there shall be a fire drill at least twice during the first 20 school days of each school session, in order that pupils may be thoroughly practiced in such drills. Every public school shall hold at least two additional fire drills during the remainder of the school session.

History. Code 1950, § 22-156; 1971, Ex. Sess., c. 163; 1980, c. 559; 1993, c. 212; 2016, c. 524.

The 2016 amendments.

The 2016 amendment by c. 524 rewrote the section, which read: “In every public school there shall be a fire drill at least once every week during the first twenty school days of each school session, and more often if necessary, in order that pupils may be thoroughly practiced in such drills. During the remainder of the school session fire drills shall be held at least monthly.”

§ 22.1-137.1. Tornado drills.

In every public school there shall be at least one tornado drill every school year, in order that students may be thoroughly practiced in such drills.

History. 2001, c. 841.

§ 22.1-137.2. Lock-down drills.

  1. In every public school there shall be a lock-down drill at least once during the first 20 school days of each school session, in order that students and teachers may be thoroughly practiced in such drills. Every public school shall hold at least one additional lock-down drill after the first 60 days of the school session. Every public school shall provide the parents of enrolled students with at least 24 hours’ notice before the school conducts any lock-down drill, provided, however, that nothing in this section shall be construed to require such notice to include the exact date and time of the lock-down drill.
  2. Pre-kindergarten and kindergarten students shall be exempt from mandatory participation in lock-down drills during the first 60 days of the school session. Local school boards shall develop policies to implement such exemption. Notwithstanding the foregoing provisions of this subsection, each pre-kindergarten and kindergarten student shall participate in each lock-down drill after the first 60 days of each school session.

History. 2013, c. 609; 2016, c. 524; 2020, cc. 378, 1040; 2021, Sp. Sess. I, c. 26.

The 2016 amendments.

The 2016 amendment by c. 524 rewrote the first two sentences, which read: “In every public school there shall be at least two lock-down drills every school year, in order that students may be thoroughly practiced in such drills. One lock-down drill shall be completed in September of each school year and one lock-down drill shall be completed in January of each school year.”

The 2020 amendments.

The 2020 amendment by c. 378 added the last sentence in subsection A.

The 2020 amendment by c. 1040, in subsection A in the first sentence, inserted “and teachers”; in the second sentence, substituted “one additional lock-down drill after the first 60 days” for “two additional lock-down drills during the remainder” and deleted the former third sentence, which read, “Lock-down plans and drills shall be in compliance with the Statewide Fire Prevention Code (§ 27-94 et seq.)”; and added subsection B.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 26, effective July 1, 2021, substituted “at least once” for “at least twice” in subsection A.

§ 22.1-137.3. School safety procedures; emergency situations; annual training.

In addition to complying with the requirements for drills set forth in §§ 22.1-137, 22.1-137.1, and 22.1-137.2, each school board shall develop training on safety procedures in the event of an emergency situation on school property. Such training shall be delivered to each student and employee in each school at least once each school year.

History. 2019, cc. 61, 140.

Editor’s note.

Acts 2019, cc. 61 and 140, cl. 2 provides: “That the Board of Education shall develop guidelines for the development and delivery of training required by this act.”

§ 22.1-138. Minimum standards for public school buildings.

  1. The Board of Education shall prescribe by regulation minimum standards for the erection of or addition to public school buildings governing instructional, operational, health and maintenance facilities where these are not specifically addressed in the Uniform Statewide Building Code (§ 36-97 et seq.).
  2. By July 1, 1994, every school building in operation in the Commonwealth shall be tested for radon pursuant to procedures established by the U.S. Environmental Protection Agency (EPA) for radon measurements in schools.School buildings and additions opened for operation after July 1, 1994, shall be tested for radon pursuant to such EPA procedures and regulations prescribed by the Board of Education pursuant to subsection A. Each school shall maintain files of its radon test results and make such files available for review. The division superintendent shall report radon test results to the Department of Health.
  3. Each school board shall maintain a water management program for the prevention of Legionnaires’ disease at each public school building in the local school division. Each school board shall validate each water management program on at least an annual basis to maintain the health and decency of such buildings. Each public school shall maintain files related to its water management program, including the results of all validation and remediation activities, and make such files available for review.
  4. Each local school board shall develop and implement a plan to test and, if necessary, a plan to remediate mold in public school buildings in accordance with guidance issued by the U.S. Environmental Protection Agency. Each local school board shall (i) submit such testing plan and report the results of any test performed in accordance with such plan to the Department of Health and (ii) take all steps necessary to notify school staff and the parents of all enrolled students if testing results indicate the presence of mold in a public school building at or above the minimum level that raises a concern for the health of building occupants, as determined by the Department of Health.
  5. Each school board shall, in consultation with the local building official and the state or local fire marshal, develop a procurement plan to ensure that all security enhancements to public school buildings are in compliance with the Uniform Statewide Building Code (§ 36-97 et seq.) and Statewide Fire Prevention Code (§ 27-94 et seq.).
  6. No school employee shall open or close an electronic room partition in any school building unless (i) no student is present in such building, (ii) (a) no student is present in the room or area in which such partition is located and (b) such room or area is locked or otherwise inaccessible to students, or (iii) such partition includes a safety sensor that automatically stops the partition when a body passes between the leading edge and a wall, an opposing partition, or the stacking area.Any annual safety review or exercise for school employees in a local school division shall include information and demonstrations, as appropriate, regarding the provisions of this subsection.The Department of Education shall make available to each school board model safety guidance regarding the operation of electronic room partitions.

History. 1980, c. 559; 1993, c. 765; 2019, cc. 121, 369; 2020, cc. 776, 780.

Editor’s note.

Acts 2020, c. 776, cl. 2 provides: “That the Department of Education shall make recommendations for the establishment, maintenance, and validation of water management programs to prevent Legionella pneumophila growth in public school buildings and shall notify each local school board of its recommendations no later than July 1, 2021.”

Acts 2020, c. 776, cl. 3 provides: “That the provisions of the first enactment of this act shall become effective on July 1, 2021.”

Acts 2020, c. 780, cl. 2 provides: “That the Department of Health shall determine the minimum level of mold in a school building that raises a concern for the health of building occupants for the purpose of a school board’s notification of school staff and the parents of enrolled students in accordance with the provisions of this act.”

Acts 2020, c. 780, cl. 3 provides: “That the provisions of this act shall become effective on July 1, 2021.”

The 2019 amendments.

The 2019 amendment by c. 121 added subsection C.

The 2019 amendment by c. 369 added subsections C through E, which were subsequently redesignated as subsections D through F at the direction of the Virginia Code Commission.

The 2020 amendments.

The 2020 amendment by c. 776, effective July 1, 2021, inserted subsection C, and redesignated the remaining subsections; updated an internal reference; and made stylistic changes. The section has been set out in the form above at the direction of the Virginia Code Commission.

The 2020 amendment by c. 780, effective July 1, 2021, inserted subsection C, and redesignated the remaining subsections; updated an internal reference; and made stylistic changes. Subsection C was redesignated as subsection D at the direction of the Virginia Code Commission.

§ 22.1-138.1. School maintenance program established.

In compliance with the provisions of the appropriation act relating to the maintenance supplement program and with such funds as are appropriated for such purpose, each school board shall establish a program for ongoing school maintenance needs.

History. 1998, c. 73.

CIRCUIT COURT OPINIONS

Maintenance and management of school buildings. —

Counterclaim for fraud in the inducement asserted by a contractor against a school board, pursuant to a contract between the parties for the renovation of a school building, was barred by the school board’s sovereign immunity as the governmental duties stated in §§ 22.1-135 through 22.1-140 explicitly included the maintenance and management of school buildings. Alexandria City Sch. Bd. v. Fox-Seko Constr., Inc., 74 Va. Cir. 92, 2007 Va. Cir. LEXIS 256 (Alexandria July 27, 2007).

§ 22.1-138.2. Certain public school buildings; carbon monoxide detectors.

Each public school building that was built before 2015 and that houses any classroom for students shall be equipped with at least one carbon monoxide detector.

History. 2021, Sp. Sess. I, c. 165.

Editor’s note.

Acts 2021, Sp. Sess. I, c. 165, cl. 2 provides: “That the provisions of § 63.2-1705.2 of the Code of Virginia, as created by this act, (i) shall not become effective unless the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia, except for § 22.1-289.04 of the Code of Virginia, become effective on a date subsequent to July 1, 2021, and (ii) shall expire upon the effective date of such provisions of Chapter 14.1 of Title 22.1 of the Code of Virginia.” The § 63.2-1705.2 created by this act. never took effect as Chapter 14 (§ 22.1-289.02 et seq.) became effective July 1, 2021.

Effective date.

This section is effective July 1, 2021.

§ 22.1-138.3. Department; school division maintenance reserve tool.

  1. The Department, in consultation with the Department of General Services, shall develop or adopt and maintain a data collection tool to assist each school board to determine the relative age of each public school building in the local school division and the amount of maintenance reserve funds that are necessary to restore each such building.
  2. Each school board shall provide to the Department in a timely fashion the local data that is necessary to ensure that the tool maintained pursuant to subsection A remains relevant and useful for the determination of maintenance reserve needs.

History. 2022, c. 650.

Editor's Notes.

Act 2022, c. 650, cl. 2 provides “That the Department of Education shall consider using the Department of General Services' Real Estate and Assets Management system for tracking buildings and infrastructure maintenance status to meet the requirements of § 22.1-138.3 of the Code of Virginia, as created by this act.”

§ 22.1-139. Repealed by Acts 2010, c. 61, cl. 2.

Editor’s note.

Former § 22.1-139, requiring notice to State Superintendent of proposed expenditures, was derived from Code 1950, § 22-166.2; 1952, c. 606; 1980, c. 559.

§ 22.1-140. Plans for buildings to be approved by division superintendent.

No public school building or addition or alteration thereto, for either permanent or temporary use, shall be advertised for bid, contracted for, erected, or otherwise acquired until the plans and specifications therefor (i) have been approved in writing by the division superintendent; (ii) are accompanied by a statement by an architect or professional engineer licensed by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects that such plans and specifications are, in his professional opinion and belief, in compliance with the regulations of the Board of Education and the Uniform Statewide Building Code; and (iii) have been reviewed by an individual or entity with professional expertise in building security and crime prevention through building design. The division superintendent’s approval, architect’s or engineer’s statement, all reviewers’ comments, and a copy of the final plans and specifications shall be submitted to the Superintendent of Public Instruction.

History. Code 1950, §§ 22-97, 22-152, 22-153; 1954, cc. 257, 291; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559; 1991, c. 550; 1993, c. 227; 1998, c. 27; 2019, c. 226.

The 2019 amendments.

The 2019 amendment by c. 226 inserted “(i)” and “(ii)” and added clause (iii) in the first sentence and inserted “all reviewers’ comments” in the second sentence.

§ 22.1-141. Repealed by Acts 1982, c. 647.

Cross references.

As to procurement by state and local governing bodies and governmental agencies, see § 2.2-4300 et seq.

Article 3. Public School Building and Facilities Modernization.

§ 22.1-141.1. Standards for buildings and facilities.

It is the intent of the General Assembly that new public school buildings and facilities and improvements and renovations to existing public school buildings and facilities be designed, constructed, maintained, and operated to generate more electricity than consumed and that such energy-positive building design be based on industry standards (i) contained in the design guide of the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), entitled “Achieving Zero Energy-Advanced Energy Design Guide for K-12 School Buildings,” dated February 1, 2018, and any subsequent updates or (ii) similar industry standards.

History. 2019, cc. 818, 819.

Cross references.

As to energy generation by public school buildings and facilities, see § 56-589.1.

§ 22.1-141.2. Authority to modernize public school lease agreements.

  1. Prior to undertaking the design, construction, maintenance, and operation of a new public school building or facility or the improvement or renovation of an existing school building or facility, a local school board may evaluate whether entering into a lease with a private entity will assist the school board in meeting the standards set forth in § 22.1-141.1.
  2. In order to meet the design, construction, maintenance, and operation standards set forth in § 22.1-141.1, a school board may enter into a lease with a private entity that may include the following: (i) design of the building and facilities; (ii) construction of the building and facilities; (iii) financing of the project as defined in § 15.2-1815 ; (iv) operation of the heating, cooling, and renewable energy systems, including interconnect agreements with the regulated electric utility, maintenance of all such systems, responding to comfort complaints, and any other operational or maintenance-related issues during the lease term; and (v) such other terms as mutually agreed upon by the local school board and the private entity. Such lease may (a) be for the real property primarily used by the local school board and owned by the private entity, (b) be a capital or operating lease, (c) be exempt from real property taxation pursuant to subdivision (a) (1) of Article X, Section 6 of the Constitution of Virginia, and (d) contain a covenant that the rent shall not be reduced from the rent stated in the lease. Such lease shall not exceed 35 years in duration. The Virginia Public Procurement Act (§ 2.2-4300 et seq.) or the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1 et seq.) shall apply to any lease agreement solicited by a local school board pursuant to this section.

History. 2019, cc. 818, 819.

Chapter 10. Literary Fund.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, §§ 6, 28.

§ 22.1-142. How Fund constituted; management.

There shall be set apart as a permanent and perpetual fund, to be known as the “Literary Fund,” the present Literary Fund of the Commonwealth, donations to the Literary Fund, sums appropriated to the Literary Fund, all funds received by the State Treasurer and required to be deposited in the Literary Fund pursuant to Chapter 25 (§ 55.1-2500 et seq.) of Title 55.1 and the proceeds of (i) all public lands donated by Congress for public school purposes, (ii) all escheated property, (iii) all waste and unappropriated lands, (iv) all property accruing to the Commonwealth by forfeiture except those items specifically exempted, (v) all fines collected for offenses committed against the Commonwealth, and (vi) the annual interest on the Literary Fund. The Literary Fund shall be invested and managed by the Board of Education as prescribed by § 22.1-145.

History. Code 1950, § 22-101; 1971, Ex. Sess., c. 128; 1980, c. 559; 2012, cc. 283, 756.

Cross references.

As to repayments by Virginia Public School Authority into Literary Fund, see § 22.1-170.

As to semiannual transfers from Literary Fund to Virginia Public School Authority, see § 22.1-175.

For constitutional provisions, see Va. Const., Art. VIII, § 8.

Editor’s note.

To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitution was made at the direction of the Virginia Code Commission: substituted “Chapter 25 (§ 55.1-2500 et seq.) of Title 55.1” for “Chapter 11.1 (§ 55-210.1 et seq.) of Title 55.”

The 2012 amendments.

The 2012 amendments by cc. 283 and 756 are identical, and, in the first sentence, inserted “except those items specifically exempted” at the end of clause (iv).

Law Review.

For note, “Virginia’s Acquisition of Unclaimed and Abandoned Personal Property,” see 27 Wm. & Mary L. Rev. 409 (1986).

OPINIONS OF THE ATTORNEY GENERAL

Physical condition of schools. —

Remedies for inequality in public education, whether arising from poor school physical plant conditions or otherwise, are available under the mandates of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; the Civil Rights Act of 1964; the Equal Educational Opportunities Act of 1974; and Title IX of the Education Amendments of 1972, which collectively prohibit discrimination on the basis of race and sex. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

The general assembly has enacted state laws that make local school boards primarily responsible for constructing and renovating school buildings in Virginia. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

§ 22.1-143. Money belonging to Fund received in treasury; accountant.

All moneys belonging to the Literary Fund shall be paid into the State Treasury to the credit of the Literary Fund and shall be used for no other purpose whatsoever. The State Treasurer shall be the accountant of the Fund.

History. Code 1950, §§ 22-101, 22-103; 1971, Ex. Sess., c. 128; 1980, c. 559.

§ 22.1-144. Recovery of moneys due Fund.

Any funds which ought to be paid into the State Treasury to the credit of the Literary Fund shall, unless otherwise provided, be recoverable with interest. Proceedings to recover such funds shall be instituted by the Board of Education in the name of the Commonwealth in the appropriate circuit court.

The Board may appoint agents for the collection of its debts or claims and authorize them to secure payment thereof on such terms as it may approve.

When the estate of any person that is taken under execution or that is for sale under any decree or deed of trust for any debt or claim due the Literary Fund or for any fine will not sell for the amount of such debt, claim or fine, such agent may, under the direction of the Board as to the price, purchase such estate for the Board. He shall immediately report to it every such purchase and the terms thereof. The Board may sell, or appoint an agent to sell, any estate so purchased. Such agent shall sell at such time and on such terms as the Board may authorize. The Board shall take bond from such agent if any money is to come into his hands. Any agent selling land under this section shall, when directed so to do by the Board, execute a deed, with the resolution giving such direction thereto annexed, conveying to the purchaser all the interest which the Board may have in such land. For the service of any agent under this section, the Board may allow compensation, not exceeding in any case ten per centum of the money actually paid into the State Treasury.

History. Code 1950, § 22-104; 1980, c. 559.

§ 22.1-145. Investment of Fund.

The Board of Education shall invest the Literary Fund in securities that are legal investments under the laws of the Commonwealth for public funds. The Board may call in any such investment and reinvest the same whenever it deems proper for the preservation, security or improvement of the Literary Fund. Whenever the Board shall invest in bonds of this Commonwealth, no premium shall be required or paid on such investment. All securities for money belonging to the Literary Fund shall be deposited with the State Treasurer for safekeeping, who shall return with his annual report a list thereof with a statement of their value.

History. Code 1950, § 22-102; 1956, c. 184; 1971, Ex. Sess., c. 128; 1980, c. 559; 1985, c. 139.

§ 22.1-146. Power of Board to make loans from fund for erection, etc., of school buildings and fueling facilities for school buses.

The Board of Education may make loans or, subject to the approval of the General Assembly, loan interest rate subsidy payments from the Literary Fund to the school boards of the several school divisions making application therefor in the manner prescribed by law, authorized by the governing body and the school board, for the purposes of (i) erecting, altering or enlarging school buildings in such school divisions; (ii) purchasing and installing educational technology equipment and infrastructure; (iii) equipping school buses for alternative fuel conversions and for construction of school bus fueling facilities for supplying compressed natural gas or other alternative fuels; and (iv) refinancing or redemption of negotiable notes, bonds, and other evidences of indebtedness or obligations incurred by a locality on behalf of a school division which has an application for a Literary Fund loan for an approved school project pending before the Board of Education. For the purpose of this section, “alternative fuels” means motor fuels other than gasoline and diesel fuel.

History. Code 1950, § 22-105; 1980, c. 559; 1988, c. 88; 1991, c. 682; 1994, c. 689; 1997, c. 372; 2007, c. 121.

Cross references.

As to investments by the Board of Trustees of the Virginia Retirement System, see § 51.1-124.30 , et seq.

The 2007 amendments.

The 2007 amendment by c. 121 inserted “authorized by the governing body and the school board” following “prescribed by law” in the first sentence.

CASE NOTES

Two methods of borrowing money to build schoolhouses. —

The statutes make provision for two separate and distinct kinds of loans for building schoolhouses. First: loans from the Literary Fund, which do not require a vote of the people, and second, loans from other sources realized from the sale of bonds, which do require a vote of the people. Board of Supvrs. v. Cox, 155 Va. 687 , 156 S.E. 755 , 1931 Va. LEXIS 262 (1931), limited, Almond v. Gilmer, 188 Va. 1 , 49 S.E.2d 431, 1948 Va. LEXIS 142 (1948) (decided under prior law).

OPINIONS OF THE ATTORNEY GENERAL

Physical condition of schools. —

Remedies for inequality in public education, whether arising from poor school physical plant conditions or otherwise, are available under the mandates of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; the Civil Rights Act of 1964; the Equal Educational Opportunities Act of 1974; and Title IX of the Education Amendments of 1972, which collectively prohibit discrimination on the basis of race and sex. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

The general assembly has enacted state laws that make local school boards primarily responsible for constructing and renovating school buildings in Virginia. See opinion of Attorney General to The Honorable William M. Stanley, Member, Senate of Virginia, 18-046, 2019 Va. AG LEXIS 2 (1/4/19).

§ 22.1-146.1. School modernization loan interest rate subsidy payments.

  1. The Board of Education shall establish a program to subsidize interest payments on certain loans made by the Virginia Public School Authority to local governing bodies and school boards for the design and construction of new school buildings and facilities or the modernization and maintenance of existing school buildings and facilities as follows:
    1. For school divisions with a composite index of local ability-to-pay that is greater than 0.2500 but less than 0.4000 at the time an application to the program is made, the Board may subsidize up to 50 percent of the interest due on such loan; or
    2. For school divisions with a composite index of local ability-to-pay that is 0.2500 or less at the time an application to the program is made, the Board may subsidize up to 100 percent of the interest rate on such loan.
  2. The aggregate amount of subsidies provided pursuant to this section shall not exceed the allocation specified in the general appropriation act for each fiscal year.
  3. For each loan, the annual subsidy amount shall not include both:
    1. Interest or other loan-related costs related to any part of the loan that exceed $7.5 million in loan value; and
    2. Interest on any part of the loan that exceeds the rate that the local governing body or school board would have obtained for such loan under the provisions of §§ 22.1-146 and 22.1-150.

History. 2019, c. 807.

§ 22.1-147. Distribution of funds.

The Board of Education shall provide for an equitable distribution of the funds loaned or provided as loan interest rate subsidy payments from the Literary Fund among the several school divisions. In providing for such equitable distribution, the Board shall impose a maximum limit of not more than $7.5 million on the amount of any loan from the Literary Fund.

History. Code 1950, § 22-106; 1977, c. 157; 1980, c. 559; 1988, c. 88; 1997, c. 384; 1998, c. 70.

§ 22.1-148. Restrictions upon making loans; retirement of previous loans.

  1. No loan from the Literary Fund shall exceed 100% of the cost of the building, addition thereto, and site on account of which such loan is made. No loan shall be made from the Literary Fund to aid in the erection of a building or addition to cost less than $500. Whenever a loan is made from the Literary Fund for the purpose of enlarging a building, any part of the proceeds of such loan may, in the discretion of the Board, be used to retire any previous loan or loans on such building although not matured at the time of such additional loan. The Board may refuse to make any loan from the Literary Fund to any school board which is in default in the payment of any part of the principal of any previous loan from the Literary Fund or which for the two years next preceding the loan has been more than six months in default in the payment of interest due on any loan from the Literary Fund.
  2. Any school division which has an application for a Literary Fund loan for an approved school project pending before the Board of Education shall not be denied or delayed in obtaining such loan solely for the reason that alternative financing had been obtained to begin or complete construction on such project.

History. Code 1950, § 22-111; 1980, c. 559; 1985, c. 226; 1994, c. 689; 2007, c. 121.

The 2007 amendments.

The 2007 amendment by c. 121 deleted the fourth sentence in subsection A, which formerly read: “No loan shall be made from the Literary Fund in any case in which payment of same with interest would, in the judgment of the Board of Education, entail too heavy a change upon the revenues of the county, city or town comprising the school division to which such loan is granted.”

§ 22.1-149. Additional funds for loans.

When loans have been approved by the Board from time to time in such amounts that no sufficient balance is left in the Literary Fund from which to make additional loans, the Board is authorized to sell the bonds, notes or other evidences of debt of the school boards for which such loans are approved for investment of the trust funds of the Virginia Retirement System in such amount as may be approved by the Board of Trustees of the Virginia Retirement System in accordance with the provisions of § 51.1-124.30 , in order to make such additional loans.

History. Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559.

§ 22.1-150. Rate of interest.

The Board of Education is authorized in its discretion to fix the interest rate on all loans made from the Literary Fund at not less than two per centum per annum and not more than six per centum per annum, payable annually. Every loan made under the provisions of this chapter by selling the bonds, notes or other evidences of debt of school boards for investment of the trust funds of the Virginia Retirement System shall bear interest at a rate not to exceed six per centum per year.

History. Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559.

§ 22.1-151. Evidence of loan.

  1. A loan from the Literary Fund shall be evidenced by bonds or notes payable to the Commonwealth of Virginia for the benefit of the Literary Fund, executed or signed by the mayor or the chairman of the governing body and the chairman of the school board and attested by the clerk thereof. Evidence of debt taken for such loans shall be deposited with the State Treasurer and kept by him.
  2. Upon the request of a locality, any memorandum of lien held on behalf of the Literary Fund prior to July 1, 2007, and deposited with the State Treasurer or recorded in the appropriate circuit court shall be marked as released. The release of such lien shall in no way affect the obligations of the locality under the loan.

History. Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559; 2007, c. 121; 2008, c. 365.

The 2007 amendments.

The 2007 amendment by c. 121, in the first sentence, inserted “mayor or the” and “governing body and the chairman of the” and, in the second sentence, deleted “and a cerificate of recordation of a memorandum of lien in the appropriate circuit court” following “such loans.”

The 2008 amendments.

The 2008 amendment by c. 365 inserted the A designation at the beginning of the first paragraph; and added subsection B.

§ 22.1-152. Payment of principal and interest.

Payments of interest and principal shall be made to the State Treasurer. A loan from the Literary Fund shall be repayable in annual installments from five to thirty years. The time of payment may be extended in the discretion of the Board of Education; but if the Board of Education has assigned any of the bonds, notes or other evidences of the loan to the Board of Trustees of the Virginia Retirement System under the provisions of § 51.1-124.30 and the same are held by the Board of Trustees of the Virginia Retirement System, the time of payment thereof may not be extended by the Board of Education but may be extended by the Board of Trustees of the Virginia Retirement System, in its discretion.

History. Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559.

§ 22.1-153. School boards authorized to borrow from Fund; form of application.

The school boards of the several school divisions are authorized to borrow money belonging to the Literary Fund, and any school board desiring to borrow from the Fund shall make written application to the Board of Education for such loan on a form to be prescribed by the Board. In the case of a regional or joint school, the school boards of the school divisions participating in such school may jointly apply to borrow money for the benefit of the regional or joint school.

The Board shall not disburse any proceeds of any approved loan prior to its receipt of the concurrent approval of the governing body at the time of initial disbursement and an acceptable opinion of bond counsel obtained by the governing body as to the validity of the loan.

History. Code 1950, § 22-107; 1980, c. 559; 2007, c. 121; 2018, c. 591.

The 2007 amendments.

The 2007 amendment by c. 121 added the second paragraph.

The 2018 amendments.

The 2018 amendment by c. 591 added the last sentence in the first paragraph.

§§ 22.1-154 through 22.1-157. Repealed by Acts 2007, c. 121, cl. 2.

§ 22.1-158. Provisions for payment.

The governing body of any county, city or town, if the town constitutes the school division, in which the school board has borrowed money from the Literary Fund shall include in its levies and appropriate to the school board a fund sufficient to meet the liabilities of the school board on such loan for the construction or renovation or enlarging of any school building, regardless of whether the title to the site is held by the school board, the local governing body or by a third party with whom the school board has entered into a long-term lease. The governing body of any county in which the school board thereof has borrowed money from the Literary Fund for construction of school facilities located in a town in such county constituting a separate school division shall have authority to include in its levies for such town, a levy sufficient to meet the liabilities of the school board on such loan and shall levy a separate tax in the rest of the county to meet its liabilities on any contract for school facilities constructed outside such town. In the event that such school board shall fail to pay any installment of interest or principal promptly, upon notice in writing to that effect from the State Treasurer, the county, city or town treasurer shall pay to the State Treasurer any such past-due installment of interest or principal, out of the funds in his hands belonging to such county, city or town. The failure of such governing body to provide for the payment of such loan or the interest thereon when and as due shall be deemed a cause for removal of the members thereof from office on motion before the circuit court having jurisdiction in such county, city or town, instituted by the attorney for the Commonwealth of such county or city or by the Attorney General where the attorney for the Commonwealth refuses or neglects to act after demand is made on him to proceed.

For the purposes of this section, “long-term lease” means a lease for a term of twenty-five years or more.

History. Code 1950, § 22-113; 1976, c. 334; 1980, c. 559; 1998, c. 719.

§ 22.1-159. Loans for construction of school facilities to serve portions of counties; levy of taxes for purpose of repaying such loans.

Notwithstanding any other provision of law to the contrary, the school board of any school division composed of part or all of a county, with the approval of the governing body of the county, is authorized to borrow from the Literary Fund for the purpose of constructing school facilities in such county to serve a portion of such county. Taxes on property in the magisterial districts served by such facilities shall be levied by the governing body of the county and collected for the purpose of repaying such loan; provided that, for the purposes of this section, a magisterial district shall not include a town constituting a separate school division but the governing body of the county may levy a separate tax on property in a town in such county constituting a separate school division to repay money borrowed by such county from the Literary Fund for the purpose of constructing school facilities in such town. Except as otherwise provided by this section all other provisions of law relating to Literary Fund loans shall apply to a loan authorized by this section.

History. Code 1950, § 22-107.3; 1962, c. 177; 1976, c. 334; 1980, c. 559.

§ 22.1-160. School boards authorized to anticipate payment of loans.

Any school board which is indebted for any money borrowed from the Literary Fund may anticipate the payment of the principal amount of any such loan or loans, or any part thereof, by the payment of such principal amount with interest thereon to the date of such anticipated payment and may borrow money and issue bonds for the purpose of raising funds to pay any notes or other obligations of the school board now and hereafter held by the Literary Fund.

History. Code 1950, § 22-115; 1980, c. 559.

§ 22.1-161. Loan declared indebtedness of the county, city or town; lien on locality’s funds created.

Any bonds or notes of a school board held by the Literary Fund are hereby declared to be valid and legally binding indebtedness of the county, city or combination thereof constituting the school division or of the town if the town constitutes the school division. There shall be a lien in favor of the Literary Fund on all funds and income of the county, city or town for the amount of such bonds and notes. Therefore, Literary Fund loans are considered to be general obligation debt of the governing body as defined in § 15.2-2602 , and are subject to the provisions of §§ 15.2-2638 and 15.2-2659 . The provisions of this section shall not be affected by the release of any memorandum of lien pursuant to subsection B of § 22.1-151.

History. Code 1950, §§ 22-102, 22-115; 1956, c. 184; 1971, Ex. Sess., c. 128; 1980, c. 559; 2007, c. 121; 2008, c. 365.

The 2007 amendments.

The 2007 amendment by c. 121 added the last sentence.

The 2008 amendments.

The 2008 amendment by c. 365 added the last sentence.

CASE NOTES

City annexing territory assumes share of debt. —

State Literary Fund loans are county obligations which must be repaid by county levies laid on a countywide basis, and upon annexation of territory by the City of Richmond, the City must assume its share of debt created by such loans. County of Henrico v. City of Richmond, 177 Va. 754 , 15 S.E.2d 309, 1941 Va. LEXIS 258 (1941) (decided under prior law).

Chapter 10.1. Borrowing by School Boards from Virginia Retirement System.

§ 22.1-161.1. Borrowing for capital projects for school purposes authorized.

In conformity with Article VII, Section 10 of the Constitution of Virginia, any school board is hereby authorized to contract to borrow money from the Virginia Retirement System for capital projects for school purposes, with the approval of the governing body of each county and city or part thereof constituting the school division, or of the town if the town constitutes the school division; and the Board of Trustees of the Virginia Retirement System is hereby authorized to lend the money if it is available for investment, subject to and in conformity with the provisions of this chapter.

History. 1995, c. 250.

Cross references.

As to investments by the Board of Trustees of the Virginia Retirement System, see § 51.1-124.30 , et seq.

§ 22.1-161.2. Resolution by school board; approval or rejection by governing body; indebtedness evidenced by bonds.

Whenever a school board desires to contract with the Board of Trustees of the Virginia Retirement System to borrow money for capital projects for school purposes, it shall adopt a resolution setting forth the purpose for which it is desired to borrow the money and the amount of such proposed borrowing. Such resolution shall be entered in the minutes of the school board, and a copy of the same, certified by the clerk of the school board, shall be submitted by the school board to the governing body of the county, city or town for its approval or rejection. If the governing body approves the resolution, it shall enter its approval in its minutes, and the school board may then endeavor to negotiate an agreement with the Board of Trustees of the Virginia Retirement System for the borrowing of such money. If agreement is reached, the question of borrowing such money on the terms agreed upon by the school board and the Board of Trustees of the Virginia Retirement System shall again be submitted to the governing body of the county, city or town for its approval or rejection. If the governing body approves the terms of the agreement, it shall enter its approval in its minutes, and the school board may then, by resolution entered in its minutes, provide for the issuance of negotiable bonds evidencing the indebtedness for sale to the Virginia Retirement System. Such bonds shall be issued in conformity with the provisions of this chapter.

History. 1995, c. 250.

§ 22.1-161.3. Issuance of bonds; procedure; form and requirements.

Such bonds shall be issued by the school board in the name of the county, city or town. For the payment of the principal of and the interest on such bonds, the full faith and credit of the county, city or town shall be pledged. The bonds shall be signed by the chairman of the school board and countersigned by the clerk thereof, but the bonds may bear or be executed with the facsimile signature of one of such officials, and in the case of coupon bonds, the coupons may bear the facsimile signatures of both of such officials; the bonds shall be under the seal of the school board, but in lieu of impressing such seal physically upon such bonds, a facsimile of such seal may be imprinted on the bonds if so authorized by the school board. The bonds shall be in the denomination or denominations of not less than $1,000 each; they may be in coupon or registered form, or both, as may be agreed upon by the school board and the Board of Trustees of the Virginia Retirement System; they shall bear interest at the agreed rate or rates, and such interest shall be payable semiannually; they shall be serial bonds with maturities and amounts as agreed upon but the first maturity date shall not be longer than two years from the date of such bonds and the maximum maturity date shall not be longer than thirty years from the date of such bonds. The place or places of payment of principal and interest shall be as agreed upon by the school board and the Board of Trustees of the Virginia Retirement System. In case any officer whose signature or a facsimile thereof shall appear on any bond or coupon shall cease to be such officer before the delivery of such bond, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any bond may bear the signature of a person who at the actual time of the execution of such bond shall be the proper officer to sign the bond although at the date of the bond, the person may not have been such officer.

History. 1995, c. 250.

§ 22.1-161.4. Disposition of proceeds from sale of bonds; separate fund.

All proceeds received from the sale of the bonds issued under the provisions of this chapter shall be paid to the treasurer or chief financial officer of the county, city or town, who shall promptly deposit such funds in a bank or banks as prescribed by general law. He shall account for such money through a fund, separate from all other funds, in the system of accounting.

History. 1995, c. 250.

§ 22.1-161.5. Investment of proceeds pending application to authorized purpose.

Pending the application of the proceeds of any bonds issued under the provisions of this chapter to the purpose for which such bonds have been issued, all or any part of such proceeds may be invested, upon resolution of the school board, in securities that are legal investments under the laws of this Commonwealth for public sinking funds, which shall mature, or which shall be subject to redemption by the holder thereof at the option of such holder, not later than the date on which the moneys will be required to make the payments for which such moneys have been designated. Any security so purchased as investment of the proceeds of such bonds shall be deemed at all times to be a part of such proceeds, and the interest accruing thereon and any profit realized from such investment shall be credited to such proceeds. Any security so purchased shall be held by the treasurer or chief financial officer of the county, city or town, and shall be sold by him upon resolution of the school board directing such sale, at the best price obtainable, or presented for redemption, whenever it shall be necessary, as determined by such resolution, in order to provide moneys to meet the purpose for which the bonds shall have been issued.

History. 1995, c. 250.

§ 22.1-161.6. Repealed by Acts 1996, cc. 105 and 819.

Editor’s note.

Former § 22.1-161.6, relating to substitution of mutilated, lost or destroyed bonds, was enacted by Acts 1995, c. 250.

§ 22.1-161.7. Tax to pay principal and interest on bonds.

For the payment of the principal of and the interest on any bonds issued under the provisions of this chapter, the governing body of the county, city or town is hereby authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the county, city or town are assessed, levied and collected, a tax upon all locally taxable property within the county, city or town over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable.

History. 1995, c. 250.

§ 22.1-161.8. Bonds deemed negotiable instruments; sale of bonds by Trustees of Retirement System; bonds made legal investments.

Bonds issued under the provisions of this chapter and purchased by the Board of Trustees of the Virginia Retirement System shall be deemed negotiable instruments under the laws of this Commonwealth. The Board of Trustees may, in its discretion, sell any such bonds so purchased and held by it at such time or times as to it may seem desirable in the management of the funds under its control; and such bonds are hereby made securities in which all public officers and bodies of this Commonwealth, and all counties, cities and towns and municipal subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, trust companies, beneficial and benevolent associations, administrators, guardians, executors, trustees and other fiduciaries in this Commonwealth may properly and legally invest funds under their control.

History. 1995, c. 250.

Chapter 11. Virginia Public School Authority.

Michie’s Jurisprudence.

For related discussion, see 16 M.J. Schools, §§ 1, 28.

§ 22.1-162. Definitions.

As used in this chapter:

  1. “Authority” means the Virginia Public School Authority.
  2. “Board of Commissioners” means the Board of Commissioners of the Authority.
  3. “Bonds of the Authority” includes notes and other obligations issued by the Authority for any of its purposes.
  4. “Local school bonds” means bonds or other obligations issued by counties, cities and towns under the provisions of Chapter 26 (§ 15.2-2600 et seq.) of Title 15.2 solely for the purpose of financing capital projects for public schools.

History. 1980, c. 559.

§ 22.1-163. Authority created; public body corporate and agency of Commonwealth.

The Virginia Public School Authority is created as a public body corporate and an agency and instrumentality of the Commonwealth.

History. Code 1950, § 22-29.3; 1962, c. 194; 1980, c. 559; 1998, cc. 4, 900.

§ 22.1-164. Board of Commissioners; membership; terms; compensation and expenses; chairman and vice-chairman; quorum; employees, agents, etc.

All powers, rights and duties conferred by this chapter or other provisions of law upon the Authority shall be exercised by the Board of Commissioners of the Virginia Public School Authority. The Board of Commissioners shall consist of the State Treasurer, the State Comptroller, the Superintendent of Public Instruction or his designee, and five additional members to be appointed by the Governor, subject to confirmation by the General Assembly, who shall serve at the pleasure of the Governor for terms of six years each. Appointments to fill vacancies other than by expiration of term shall be made for the unexpired terms. The chairman and members of the Board of Commissioners shall receive such compensation as provided for by law.

The Governor shall designate one member of the Board of Commissioners as chairman who shall serve a two-year term. No member shall be eligible to serve more than two consecutive terms as chairman. The chairman shall be the chief executive officer of the Authority and shall receive such compensation as the Governor shall fix. The State Treasurer, the State Comptroller, the Superintendent of Public Instruction and his designee shall be ineligible to serve as chairman. The chairman shall sign and execute all vouchers for the disbursement of funds belonging to the Authority upon authorization by the Board. Five members of the Board of Commissioners shall constitute a quorum for the transaction of all business of the Authority. The Board of Commissioners shall elect one of its members as vice-chairman, who shall exercise the powers of the chairman when so directed by the chairman.

The Board of Commissioners may employ or retain such employees, agents, financial advisers and attorneys as it may deem necessary and fix their compensation.

History. Code 1950, § 22-29.4; 1962, c. 194; 1972, c. 745; 1976, c. 22; 1980, cc. 559, 728; 2011, cc. 691, 714.

Cross references.

As to compensation and expenses of boards, commissions and similar bodies, see § 2.2-2813 et seq.

Editor’s note.

Pursuant to § 30-152, the Code Commission has given effect in this section as set out above to the amendment to former § 22-29.4 in Acts 1980, c. 728.

Acts 2011, cc. 691 and 714, cl. 2 provides: “That the provisions of this act providing for (i) staggered terms for board, council, or commission members and (ii) two-year terms for chairmen appointed by the Governor shall not affect current members or chairmen whose terms have not expired as of July 1, 2011.”

The 2011 amendments.

The 2011 amendments by cc. 691 and 714 are identical, and in the second paragraph, inserted “who shall serve a two-year term” at the end of the first sentence and added the second sentence. For applicability clause, see Editor’s note.

§ 22.1-165. Management and administration of moneys, etc., transferred from Literary Fund.

The Authority shall manage and administer as provided in this chapter all moneys or obligations that may be set aside and transferred to it from the principal of the Literary Fund by the General Assembly for public school purposes pursuant to Article VIII, Section 8 of the Constitution of Virginia and any funds authorized by the General Assembly from the Literary Fund or otherwise appropriated by the General Assembly for public school purposes.

History. Code 1950, § 22-29.5; 1962, c. 194; 1971, Ex. Sess., c. 1; 1980, c. 559; 1990, c. 909.

§ 22.1-166. Purchase and sale of local school bonds.

The Authority is authorized to purchase local school bonds with any funds of the Authority available for such purpose, at public or private sale and for such price and on such terms as it shall determine. The Authority may pledge to the payment of the interest on and the principal of any bonds of the Authority all or any part of the local school bonds so purchased, including payments of principal and interest thereon as they shall become due. The Authority may also, subject to any such pledge, sell any such local school bonds so purchased and apply the proceeds of such sale in the purchase of other like local school bonds or for such purpose and in such manner as shall be provided by any resolution authorizing the issuance of bonds of the Authority, or the Authority may transfer such proceeds to the Literary Fund. For the purpose of Article VII, Section 10(b) of the Constitution of Virginia, the Authority shall be deemed a state agency authorized to purchase bonds issued with the consent of the school board and the governing body of the county by or on behalf of a county or district thereof for capital projects for school purposes.

Notwithstanding the provisions of any general or special law to the contrary, any city completely surrounded by a county having the urban county executive form of government may finance capital projects for school purposes through the Authority without the requirement of a voter referendum if the financing for the capital project is requested by both the city council and the school board.

The proceeds of all local school bonds issued pursuant to this chapter prior to July 1, 1975, may be used for any capital project for public schools as provided in the resolution by which their issuance was authorized.

History. Code 1950, § 22-29.6; 1962, c. 194; 1971, Ex. Sess., c. 87; 1972, c. 745; 1975, c. 434; 1976, c. 491; 1980, c. 559; 1989, c. 456.

§ 22.1-166.1. Loans to local school boards.

The Authority is authorized to make loans or loan interest rate subsidy payments, from any of the funds of the Authority available for such purpose, to local school boards for the purpose of acquiring and installing capital projects for school purposes for which loans from the Literary Fund are not immediately available. For the purpose of this section and § 22.1-166.2, capital projects for school purposes shall mean motor vehicles and educational technology equipment.

  1. No loan from the Authority shall exceed 100 percent of the cost of the capital project for school purposes for which such loan is made.
  2. A loan from the Authority shall be evidenced by notes payable to the Authority, executed or signed by the chairman of the school board, with the approval of the local governing body, attested by the clerk thereof and deposited with the State Treasurer.  Payments of interest and principal on such notes shall be made to the State Treasurer.  Any loan from the Authority shall be repayable in installments as shall be approved by the local school board, as appropriate, with the final installment being due not more than thirty years after the date of such loan.  The time of payment may be extended in the discretion of the Authority.
  3. The local governing bodies and the local school boards of the several school divisions are authorized to borrow money from the Authority, at such rate or rates, fixed or variable, as shall be approved by the local school board; any local school board to borrow from the Authority shall first make written application to the Authority for such loan on a form to be prescribed by the Authority.
  4. The governing body of any county, city, or town, if the town constitutes the school division, in which the local school board has borrowed money from the Authority shall include in its levies, and appropriate to the local school board, a fund sufficient to meet the liabilities of the local school board on such loan if and to the extent such liabilities are not otherwise provided for by the General Assembly.  The governing body of any county in which the local school board has borrowed money from the Authority for capital projects located in a town in such county constituting a separate school division shall have authority to include, in its levies for such town, a levy sufficient to meet the liabilities of the local school board on such loan if and to the extent such liabilities are not otherwise provided for by the General Assembly and shall levy a separate tax in the rest of the county to meet its liabilities on any contract for capital projects outside such town. In the event that such local school board shall fail to pay any installment of interest or principal promptly, upon notice in writing to that effect from the State Treasurer, the county, city, or town treasurer shall pay to the State Treasurer any such past due installment of interest or principal out of the funds in his hands belonging to such county, city, or town. The failure of such governing body to provide for the payment of such loan or the interest thereon when and as due shall be deemed a cause for removal of the members thereof from office on motion before the circuit court having jurisdiction in such county, city, or town, instituted by the attorney for the Commonwealth of such county or city or by the Attorney General where the attorney for the Commonwealth refuses or neglects to act after demand on him to proceed.
  5. The local school board of any school division composed of part or all of a county, with the approval of the governing body of the county, is authorized to borrow from the Authority for the purpose of financing capital projects in such county to serve a portion of such county.  Taxes on property in the magisterial districts served by such capital projects shall be levied by the governing body of the county and collected for the purpose of repaying such loan; for the purposes of this section, a magisterial district shall not include a town constituting a separate school division but the governing body of the county may levy a separate tax on property in a town in such county constituting a separate school division to repay money borrowed by such county from the Authority for the purpose of financing capital projects in such town. Except as otherwise provided by this subsection, all other provisions of law relating to loans from the Authority shall apply to a loan authorized by this subsection.
  6. Any local school board which is indebted for any money borrowed from the Authority may anticipate the payment of the principal amount of any such loans, or any part thereof, by the payment of such principal amount with interest thereon to the date of such anticipated payment and may borrow money and issue bonds for the purpose of raising funds to pay any notes or other obligations of the local school board now and hereafter held by the Authority.

History. 1990, c. 909.

§ 22.1-166.2. Grants to local school boards.

The Authority is authorized to make grants of money, from any of the funds of the Authority available for such purpose, to local school boards for the purchase of capital projects for school purposes.

History. 1990, c. 909.

§ 22.1-167. Issuance of bonds of Authority.

In order to provide funds for the purchase of local school bonds as authorized by § 22.1-166, to provide funds for the making of loans to local school boards as authorized by § 22.1-166.1, or to provide funds for the making of grants to local school boards as authorized by § 22.1-166.2, the Board of Commissioners is hereby authorized to provide by resolution, at one time or from time to time, for the issuance of bonds of the Authority in such amount or amounts as the Board of Commissioners shall determine. Such bonds of the Authority shall be payable solely from funds of the Authority, including, without limitation, all or any combination of the following sources: (i) payments of principal of and interest on local school bonds purchased by the Authority, (ii) the proceeds of the sale of any such local school bonds, (iii) payments of principal of and interest on obligations transferred to the Authority from the Literary Fund, (iv) the proceeds of the sale of any such obligations, (v) any moneys transferred to the Authority from the Literary Fund, (vi) payments of principal of and interest on loans made to local school boards, and (vii) any funds authorized by the General Assembly from the Literary Fund or otherwise appropriated by the General Assembly, as shall be provided by the resolution of the Board of Commissioners authorizing any such bonds. Bonds of the Authority issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the faith or credit of the Commonwealth, and all bonds of the Authority shall contain on the face thereof a statement to the effect that neither the faith and credit nor the taxing power of the Commonwealth or of any political subdivision thereof is or shall be pledged to the payment of the principal of or the interest on such bonds.

The bonds of each issue shall be dated, shall bear interest and shall mature at such time or times, not exceeding thirty years from their date or dates, as may be determined by the Board of Commissioners and may be made redeemable before maturity, at the option of the Board of Commissioners, at such price or prices and under such terms and conditions as may be fixed by the Board of Commissioners prior to the issuance of the bonds. The principal and interest of such bonds may be made payable in any lawful medium. The Board of Commissioners shall determine the form of the bonds, including any interest coupons to be attached thereto, and the manner of execution of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at the office of the State Treasurer or at any bank or trust company within or without the Commonwealth. If any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All bonds issued under the provisions of this chapter shall have and are hereby declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the negotiable instruments law of the Commonwealth. The bonds may be issued in coupon or in registered form or both, as the Board of Commissioners may determine, and provision may be made for the registration of any coupon bonds as to principal alone and as to both principal and interest and for the reconversion of any bonds registered as to both principal and interest into coupon bonds. The Board of Commissioners may sell such bonds in such manner, either at public or at private sale, and for such price as it may determine to be for the best interests of the Authority. The proceeds of such bonds shall be disbursed for the purposes for which such bonds were issued under such restrictions, if any, as the resolution authorizing the issuance of such bonds or the trust indenture provided for in § 22.1-171 may provide. Prior to the preparation of definitive bonds, the Board of Commissioners may under like restrictions issue temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The Board of Commissioners may also provide for the replacement of any bond which shall become mutilated or shall be destroyed or lost. Such bonds may be issued without any other proceedings or the happening of any other conditions or things than the proceedings, conditions, and things which are specified and required by this chapter.

History. Code 1950, § 22-29.7; 1962, c. 194; 1972, c. 745; 1980, c. 559; 1990, c. 909.

§ 22.1-167.1. Refunding issues; pass-through of savings realized.

  1. In the event the Authority refunds any bonds previously issued to finance the purchase of local school bonds, the Authority shall pass-through to the issuers of such local school bonds, an allocable share of any savings realized. Such pass-through shall be accomplished, at the option of the Authority, by means of a debt service reduction over the remaining term of the local school bonds, by a lump sum payment of the present value of such allocable share of the savings, or by such other method as the Authority shall determine to be in the mutual best interests of the issuers of the local school bonds and the Authority.
  2. For the purposes of this section, “savings” means the net reduction in debt service, if any, to be realized by the Authority, after subtracting the total costs, expenses, and equity contributions associated with the refunding and with the pass-through of such savings to the issuers of the local school bonds and of any Authority funds transferred, or required to be transferred, by mandate of the General Assembly, other than to the issuers of the local school bonds.Notwithstanding the provisions of this section, no savings shall be passed-through to the issuers of local school bonds for which an interest rate subsidy has been paid or which were issued at below market interest rates. The savings in connection with the refunding of bonds issued by the Authority and allocable to local school bonds for which an interest rate subsidy has been paid, to the extent such subsidy was paid from the Literary Fund, shall be transferred to the Literary Fund and used exclusively for Literary Fund loans to local school boards pursuant to Chapter 10 (§ 22.1-142 et seq.) of Title 22.1.
  3. This section shall have no application if it conflicts with a preexisting trust indenture.
  4. Whenever the Authority shall defease its bonds previously issued to finance the purchase of local school bonds, the Authority may, consistent with the provisions of this section respecting the return of savings to the issuers of the related local school bonds, designate to such issuers of local school bonds which issues, series and maturities with which interest rates shall be deemed by the Authority to have been paid. Immediately upon such designation, the local school bonds so designated shall likewise be deemed defeased and no longer outstanding, the same as if the defeasance had occurred in accordance with the provisions of § 15.2-2623 . Such defeasance shall not require any action by the issuer of the affected local school bonds, shall be effective immediately, and shall be duly noted on the records of the Authority which shall no longer have any right to payment with respect to the issues, series and maturities so deemed by the Authority to have been paid. The elected officials and financial officers of the affected locality are hereby authorized to execute and deliver such federal tax forms, certificates, and other documents as the Authority may request in connection with the defeasance of its local school bonds and the bonds of the Authority.

History. 1994, c. 272; 2006, c. 223.

The 2006 amendments.

The 2006 amendment by c. 223 added subsection D.

§ 22.1-167.2. Security for payment; appropriations.

  1. The Authority is authorized to issue bonds to finance and refinance acquisition of bonds, notes and other obligations of counties, cities and towns (local school bonds) issued for the purpose of financing and refinancing capital projects for school purposes and to pledge to the bonds all or any combination of the following sources: (i) payments of principal and interest on the local school bonds purchased by the Authority; (ii) payments to the localities by the Commonwealth as contemplated under the provisions of § 15.2-2659 (state aid intercept) of the Code of Virginia; (iii) funds in the Literary Fund available and appropriated for such purpose; and (iv) any funds in the general fund of the Commonwealth appropriated for such purpose.
  2. The Governor’s Budget Bill presented each year to the General Assembly shall include an appropriation to the Authority of a sum sufficient first, from funds in the Literary Fund available for such purpose, and second, from the general fund of the Commonwealth, to cure any shortfall in pledged primary revenues on any debt service payment date on the bonds of the Authority described by this section. A shortfall in pledged primary revenues shall exist when the sum of the payments made on local school bonds due on or before such date and any proceeds derived from the implementation of § 15.2-2659 (state aid intercept) of the Code of Virginia as of such date is less than required to pay the debt service due on the Authority’s bonds on such date.
  3. The Literary Fund and the general fund of the Commonwealth shall be subrogated to the rights of the Authority to the extent of any such funds paid to the Authority and shall be entitled to enforce the Authority’s remedies with respect to the local school bonds and to full recovery of the amount of such shortfall.
  4. On or before September 30 of each year, the Authority shall submit to the Governor and the chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations a report as of the end of the prior fiscal year detailing the total amount of the Authority’s outstanding bonds secured by appropriations as described in subsection B. The report shall also describe any instances where any such appropriation has been used.

History. 1998, cc. 4, 900.

Editor’s note.

The Virginia Code Commission authorized substitution of “the House Committee on Appropriations and the Senate Committee on Finance and Appropriations” for “the House Appropriations Committee and the Senate Finance Committee” in subsection D. March 10, 2021.

§ 22.1-167.3. Bonds or notes issued for the purpose of making grants; security for payment; appropriations.

  1. The Authority is authorized to pledge to the bonds or notes of the Authority (i) authorized under the provisions of a resolution adopted subsequent to June 30, 2000, for the purpose described in § 22.1-166.2, (ii) issued subsequent to June 30, 2000, and (iii) not benefiting from the provisions of either clause (iii) or (iv) of § 22.1-168, or § 22.1-168.1, in addition to other sources available for such purpose, any funds in the general fund of the Commonwealth appropriated for such purpose.
  2. The Governor’s budget bill presented each year to the General Assembly pursuant to § 2.2-1509 shall include an appropriation to the Authority of a sum sufficient from the general fund of the Commonwealth to cure any shortfall in pledged primary revenues on any debt service payment date on the bonds or notes of the Authority described by this section. A shortfall in pledged primary revenues shall exist when the available moneys in the Literary Fund as of such date are less than the amount required to pay the debt service due on such bonds or notes on such date. For purposes of this subsection “available moneys in the Literary Fund” means moneys remaining after the payment, or provision for payment, of debt service on bonds or notes like those described in this section and payable from the Literary Fund, but issued prior to July 1, 2000.
  3. On or before September 30 of each year, the Authority shall submit to the Governor and the chairmen of the House Committee on Appropriations, the House Committee on Finance, and the Senate Committee on Finance and Appropriations a report as of the end of the prior fiscal year detailing the total amount of the Authority’s outstanding bonds and notes secured by an appropriation of a sum sufficient from the general fund of the Commonwealth as described in subsection B. The report shall also describe any instances where any such appropriation has been used.

History. 2001, cc. 431, 456.

Editor’s note.

The Virginia Code Commission authorized substitution of “the House Committee on Appropriations, the House Committee on Finance, and the Senate Committee on Finance and Appropriations” for “the House Appropriations Committee, House Finance Committee and the Senate Finance Committee” in subsection C. March 10, 2021.

§ 22.1-168. Security for payment and bonds; provisions of trust indenture or resolution of Board.

In the discretion of the Board of Commissioners any bonds issued under the provisions of this chapter may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the Commonwealth. Such trust indenture or the resolution providing for the issuance of such bonds may pledge or assign all or any part of the funds of the Authority available for such purpose including, but without limitation, all or any combination of the following sources: (i) payments of principal of and interest on local school bonds purchased by the Authority, (ii) the proceeds of the sale of any such local school bonds, (iii) payments of principal of and interest on obligations transferred to the Authority from the Literary Fund, (iv) the proceeds of the sale of any such obligations, (v) any moneys transferred to the Authority from the Literary Fund, (vi) payments of principal of and interest on loans made to local school boards, and (vii) any funds authorized by the General Assembly for such purpose from the Literary Fund or otherwise appropriated by the General Assembly. Such trust indenture or resolution providing for the issuance of such bonds may provide for the creation and maintenance of such reserves as the Board of Commissioners shall determine to be proper and may include covenants setting forth the duties of the Board of Commissioners in relation to the acquisition of any local school bonds, the substitution of any local school bonds as security for payment of the bonds of the Authority, the collection of payments of principal and interest on (i) any local school bonds, (ii) on any obligations transferred to the Authority from the Literary Fund, and (iii) on any loans made to local school boards. Such trust indenture or resolution may include provisions requiring the Authority or the trustee under such trust indenture or any depository to file a petition with the Governor and to take any and all other action required under § 15.2-2659 to secure payment of all sums necessary to cover any default as to any bonds or the interest thereon held by the Authority or by such trustee or depository to which § 15.2-2659 shall be applicable. Such trust indenture or resolution may contain provisions respecting the custody, safeguarding and application of all moneys and securities including local school bonds purchased by the Authority and obligations transferred to the Authority from the Literary Fund and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law. It shall be lawful for any bank or trust company incorporated under the laws of the Commonwealth which may act as depository of the proceeds of bonds or of any other funds or obligations received on behalf of the Authority to furnish such indemnifying bonds or to pledge such securities as may be required by the Board of Commissioners. Any such trust indenture or resolution may contain such other provisions as the Board may deem reasonable and proper for the security of the bondholders. Any reference in this chapter to a resolution of the Board of Commissioners shall include any trust indenture authorized thereby.

History. Code 1950, § 22-29.8; 1962, c. 194; 1972, c. 745; 1980, c. 559; 1990, c. 909.

§ 22.1-168.1. Reserve fund; limitations.

  1. If the Board of Commissioners deems it proper to create a reserve fund or funds from bond proceeds to support an issuance of bonds in accordance with the provisions of this section, all moneys held in such reserve fund, except as hereinafter provided, shall be pledged solely for the payment of the principal and interest on the bonds secured in whole or in part by such a fund. Any income or interest earned on, or increment to, any reserve fund may be transferred by the Board of Commissioners to other funds or accounts of the Authority to the extent it does not reduce the amount of the reserve fund below its minimum requirement.
  2. The Board of Commissioners shall not at any time issue bonds secured in whole or in part by any reserve fund referred to in subsection C, if upon the issuance of the bonds, the amount in the reserve fund will be less than its minimum requirement unless the Board of Commissioners, at the time of issuance of the bonds, deposits in the fund an amount which, together with the amount then in the fund, will not be less than the fund’s minimum reserve requirement.
  3. In order to ensure further the maintenance of reserve funds established in accordance with the provisions of this section, the chairman of the Board of Commissioners shall annually, on or before December 1, make and deliver to the Governor and the Secretary of Administration a certificate stating the sum, if any, required to restore each reserve fund to its minimum requirement. Within five days after the beginning of each session of the General Assembly, the Governor shall submit to the presiding officer of each house of the General Assembly printed copies of a budget including the sum, if any, required to restore each reserve fund to its minimum requirement. All sums, if any, which may be appropriated by the General Assembly for any restoration and paid to the Authority shall be deposited by the Authority in the applicable reserve fund. All amounts paid to the Board of Commissioners by the Commonwealth pursuant to the provisions of this section shall constitute and be accounted for as advances by the Commonwealth to the Authority and, subject to the rights of the holders of any bonds of the Authority, shall be repaid to the Commonwealth without interest from available revenues of the Authority in excess of the amounts required for the payment of bonds or other obligations of the Authority, the maintenance of reserve funds, and operating expenses.
  4. Excluding bonds issued prior to July 1, 1991, the total principal amount of bonds outstanding at any one time, issued by the Board of Commissioners in accordance with the provisions of this section, shall not exceed the sum of $800 million without the prior approval of the General Assembly.
  5. Nothing in this section shall be construed as limiting the power of the Board of Commissioners to issue bonds (i) not secured by a reserve fund or (ii) secured by a reserve fund not described in this section.

History. 1991, c. 543; 1995, cc. 188, 233.

§ 22.1-169. Investment of funds.

Any funds held by the Authority or by the trustee under any trust indenture under the provisions of this chapter may be invested and reinvested in securities that are legal investments under the laws of the Commonwealth for funds held by fiduciaries.

History. Code 1950, § 22-29.9; 1962, c. 194; 1980, c. 559.

§ 22.1-170. Repayments to Literary Fund.

All assets heretofore or hereafter transferred to the Authority from the Literary Fund pursuant to § 22.1-175 shall remain assets of the Literary Fund and shall be repaid to the Literary Fund pursuant to this section but, until so repaid, may be used for all purposes by the Authority to the same extent as if such assets were the sole property of the Authority.

On or before January 10 in each year the Authority shall set aside and repay to the Literary Fund an amount equal to the excess of the principal and interest collected by the Authority in the preceding year on account of obligations transferred to the Authority from the Literary Fund over such portion of such principal and interest as shall have been pledged by any trust indenture or resolution authorizing bonds of the Authority.

The principal collected by the Authority on account of obligations transferred to the Authority from the Literary Fund shall remain part of the principal of the Literary Fund subject to the provisions of Article VIII, Section 8 of the Constitution of Virginia and of this chapter, and the interest collected by the Authority on account of such obligations shall be deemed to be interest on the Literary Fund subject to the provisions of Article VIII, Section 8 of the Constitution of Virginia and of this chapter; provided, however, that any such collected principal and interest pledged by any trust indenture or resolution authorizing bonds of the Authority shall continue to be held by the Authority until no longer so required by the terms of such trust indenture or resolution; and further provided that, on the next succeeding tenth day of January, any amount of such collected principal and interest no longer required to be held by the Authority shall be set aside and repaid to the Literary Fund as if it had been collected at the time it became no longer required to be held.

History. Code 1950, § 22-29.10; 1962, c. 194; 1964, c. 146; 1971, Ex. Sess., cc. 1, 241; 1980, c. 559.

CASE NOTES

Editor’s note.

The case below was decided under prior law.

Notes held by Authority repayable within meaning of Va. Const., Art. VIII, § 8. —

The legislature has made the Literary Fund notes held by the Public School Authority repayable within the meaning of Va. Const., Art. VIII, § 8. Virginia Pub. School Auth. v. Craigie, 212 Va. 464 , 184 S.E.2d 803, 1971 Va. LEXIS 374 (1971).

The statutorily imposed obligation to repay remains unaltered by the fact that the Authority may have pledged the assets or may not be able to repay as required. Virginia Pub. School Auth. v. Craigie, 212 Va. 464 , 184 S.E.2d 803, 1971 Va. LEXIS 374 (1971).

§ 22.1-171. Powers of Authority enumerated.

  1. In order to enable the Authority to carry out the purposes for which it is established, the Authority is vested with the powers of a body corporate including the power to sue and be sued, to make contracts, to adopt and use a common seal and to alter the same and is authorized and empowered:
    1. To collect, or to authorize the trustee under any trust indenture securing any bonds of the Authority to collect, as the same shall become due, the principal of and the interest on all obligations transferred to the Authority from the Literary Fund;
    2. To collect, or to authorize the trustee under any trust indenture securing any bonds of the Authority to collect, as the same shall become due, the principal of and the interest on all local school bonds purchased by the Authority;
    3. To pay the compensation of the chief executive officer of the Authority and all such employees, agents, financial advisers and attorneys as may be employed by the Authority either from moneys received by the Authority under the provisions of this chapter or from appropriations made by the General Assembly for such purpose;
    4. To issue bonds of the Authority as authorized by this chapter and to refund any of such bonds;
    5. To adopt or alter or repeal any bylaws, rules or regulations as the Authority may deem necessary or expedient; and
    6. To do any and all other acts and things necessary, appropriate or incidental in carrying out the purposes of this chapter.
  2. The Authority is further authorized and empowered to issue notes and other obligations for any of its purposes in such form as may be authorized by resolution of the Authority. The issuance of such notes or other obligations shall be governed by the provisions of this chapter insofar as the same may be applicable.
  3. The Board of Commissioners shall submit an annual report to the Governor and General Assembly on or before November 1 of each year. Such report shall contain, at a minimum, the annual financial statements of the Authority for the year ending the preceding June 30.

History. Code 1950, § 22-29.11; 1962, c. 194; 1972, c. 745; 1980, c. 559; 1984, c. 734; 1985, c. 146; 2004, c. 650.

The 2004 amendments.

The 2004 amendment by c. 650 deleted the last sentence of subsection C, which read: “The annual report shall be distributed in accordance with the provisions of § 2.2-1127.”

§ 22.1-172. Bonds exempt from taxation.

The bonds issued by the Authority under the provisions of this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free and exempt from taxation by the Commonwealth and by any municipality, county, or any other political subdivision thereof.

History. Code 1950, § 22-29.12; 1962, c. 194; 1980, c. 559.

§ 22.1-173. Bonds legal investments.

All bonds issued by the Authority under the provisions of this chapter are hereby made securities in which all public officers and bodies of the Commonwealth, counties, cities, towns, municipal subdivisions, insurance companies and associations, savings banks and savings institutions, including savings and loan associations, trust companies, beneficial and benevolent associations, administrators, guardians, executors, trustees and other fiduciaries in the Commonwealth may properly and legally invest funds under their control.

History. Code 1950, § 22-29.13; 1962, c. 194; 1980, c. 559.

§ 22.1-174. Jurisdiction of suits against Authority; service of process.

The Circuit Court of the City of Richmond shall have exclusive jurisdiction of any suit brought in Virginia against the Authority, and process in such suit shall be served either on the State Comptroller or the Chairman of the Board of Commissioners.

History. Code 1950, § 22-29.14; 1962, c. 194; 1980, c. 559.

§ 22.1-175. Transfers from Literary Fund to Authority.

On January 1 and July 1 of each year or at such other times as requested by the Authority, there shall be set aside and transferred from the Literary Fund to the Virginia Public School Authority for public school purposes all notes bearing fixed maturity dates and representing amounts loaned by the Literary Fund to local school boards pursuant to Chapter 10 (§ 22.1-142 et seq.) of this title, to be held and administered by the Virginia Public School Authority as provided by law. The Board of Education, the State Treasurer and the State Comptroller are hereby authorized and directed to take all necessary steps to accomplish such transfer.

History. Code 1950, § 22-29.15; 1962, c. 195; 1971, Ex. Sess., cc. 127, 241; 1980, c. 559; 1988, c. 259.

CASE NOTES

Constitutionality. —

The constitutionality of the “Virginia Public School Authority Act of 1962” and of the transfer of Literary Fund assets to the Authority was upheld in Button v. Day, 203 Va. 687 , 127 S.E.2d 122 (1962); Virginia Pub. School Auth. v. Craigie, 212 Va. 464 , 184 S.E.2d 803, 1971 Va. LEXIS 374 (1971) (decided under prior law).

Chapter 11.1. Virginia Public School Construction Grants Program and Fund.

§ 22.1-175.1. Virginia Public School Construction Grants Program established.

The Virginia Public School Construction Grants Program is hereby established to provide grants to eligible school divisions for school construction, additions, infrastructure, site acquisition for public school buildings and facilities, and renovations, including the costs of retrofitting or enlarging public school buildings; further, if a school division has completed any such projects during the previous ten years, the grants may be used for debt service payments or a portion thereof. The Program shall be administered by the Board of Education.

Local governing bodies may also establish a separate escrow fund for the deposit of such funds as provided in § 22.1-175.5.

History. 1995, c. 762; 1998, Sp. Sess. I, c. 2; 1999, cc. 354, 391.

The 1999 amendments.

The 1999 amendments by cc. 354 and 391 are identical, and added the last paragraph.

§ 22.1-175.2. Virginia Public School Construction Grants Fund created.

  1. From such funds as may be appropriated for this purpose and from such gifts, donations, grants, bequests, and other funds as may be received on its behalf, there is hereby created in the Department of the Treasury a special nonreverting fund known as the Virginia Public School Construction Grants Fund. The Fund shall be established on the books of the Comptroller, and any moneys remaining in such Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on such funds shall remain in the Fund and be credited to it. Funds may be disbursed to any school division that is eligible for financial assistance pursuant to the provisions of this chapter.
  2. The State Treasurer shall manage the Virginia Public School Construction Grants Fund, subject to the authority of the Board of Education to provide for its disbursement. The Fund shall be disbursed to award grants as provided in § 22.1-175.4. The amount of each grant awarded to a qualifying school division in any fiscal year shall not exceed 100 percent of the school division’s aggregate annual expenditures for school construction, additions, infrastructure, site acquisition for public school buildings and facilities, renovations, including the costs of retrofitting or enlarging public school buildings, and debt service payments on such school projects which have been completed during the last ten years.Local governing bodies may establish a separate escrow fund for the deposit of such funds as provided in § 22.1-175.5.
  3. The amount of such public school construction grants shall be matched by funds of the qualifying school division based on the locality’s composite index of ability to pay. In awarding such grants, the Board shall take into consideration any Literary Fund loan which may have been applied for or awarded for the same projects.

History. 1995, c. 762; 1998, Sp. Sess. I, c. 2; 1999, cc. 354, 391.

The 1999 amendments.

The 1999 amendments by cc. 354 and 391 are identical, and added the last paragraph of subsection B.

§ 22.1-175.3. Board to issue guidelines.

The Board shall issue guidelines for the administration of the Program as it may deem necessary and appropriate. The guidelines shall include, but shall not be limited to, (i) provisions which address approval by the local governing body of the construction, addition, or site acquisition for which grant moneys are sought, (ii) the application for a grant from the Fund, (iii) the implementation of the procedure for disbursing grants to school divisions as provided in § 22.1-175.4, and (iv) recognition of the authority of local governing bodies to establish a separate escrow fund for the deposit of such funds as provided in § 22.1-175.5.

History. 1995, c. 762; 1998, Sp. Sess. I, c. 2; 1999, cc. 354, 391.

The 1999 amendments.

The 1999 amendment by cc. 354 and 391 are identical, and inserted the clause (i) and (ii) designators, substituted “(iii) the” for “and,” and added “and (iv) recognition of the authority of local governing bodies to establish a separate escrow fund for the deposit of such funds as provided in § 22.1-175.5” at the end of the paragraph.

§ 22.1-175.4. Application for grants.

All funds appropriated for financial assistance for the purposes of this chapter shall be apportioned and distributed among the school divisions of the Commonwealth in accordance with eligibility and needs criteria established by the 2000 Session of the General Assembly.

History. 1998, Sp. Sess. I, c. 2; 1999, cc. 354, 391; 2022, c. 355.

Editor’s note.

Acts 1998, Special Session I, c. 2, cl. 2, provides: Ҥ 1. That the Commission on State Funding of Public School Construction is hereby established. The Commission shall be composed of 12 members, which shall include 7 legislative members and 5 nonlegislative citizen members as follows: the Co-Chairmen of the House Committee on Appropriations, or their respective designees, the Co-Chairmen of the House Committee on Finance, or their respective designees; the Co-Chairs of the Senate Committee on Finance, or their respective designees, one additional member of the Senate to be appointed by the Senate Committee on Privileges and Elections; and five citizen members, who may or may not be employees of the Commonwealth, to be appointed by the Governor.

Ҥ 2. The Commission shall recommend to the General Assembly (i) a statewide method for assessing and quantifying the public school construction and renovation needs of local governments and (ii) specific eligibility and needs criteria to govern the disbursement and apportionment of funds to local school divisions under the Virginia Public School Construction Grants Program. The eligibility and needs criteria shall include, but need not be limited to, provisions which address the following: (i) factors to be applied to all localities to measure actual need; (ii) factors to be applied to all localities to measure local effort to meet actual need; (iii) factors to be applied to all localities to measure local ability to pay for actual need; (iv) factors to be applied to all localities to recognize local innovations and activities to improve the quality of and options for education, including, but not limited to, efforts to reduce class sizes; (v) appropriate combinations of funding resources for the eligible projects, including grant funds, local funds, Literary Fund loans, and bonds or other funding through the Virginia Public School Authority, and moneys obtained from any other public or private funding sources; (vi) restrictions on the use of grant funds, if any; (vii) requirements for the availability and pledge of local matching funds; and (viii) procedures for determining priority for awarding grants to qualifying school divisions.

Ҥ 3. The Senate Committee on Finance, the House Committee on Appropriations, and the Division of Legislative Services shall provide staff support for the Commission. All agencies of the Commonwealth shall provide assistance to the Commission, upon request.

“§ 4. The Commission shall complete its work in time to submit its findings and recommendations to the Governor and the 2000 Session of the General Assembly.”

Acts 1998, Special Session I, c. 2, cl. 3, provides: “That, notwithstanding any other provision of law to the contrary, the provisions of this act relating to the Virginia Public School Construction Grants Program shall be deemed to constitute the plan for school construction funding contained in the 1998-2000 Appropriation Act.”

The 1999 amendments.

The 1999 amendments by cc. 354 and 391 are identical, and added the second paragraph of subsection A.

The 2022 amendments.

The 2022 amendment by c. 355 deleted former subsection A, which read: “All funds appropriated for financial assistance for the purposes of this chapter during fiscal years 1998-1999 and 1999-2000 pursuant to Item 554 of the 1998-2000 Appropriation Act shall be apportioned and distributed among the school divisions of the Commonwealth as follows: (i) there shall be apportioned and distributed equally to every school division grants in the sum of $200,000 each and (ii) the balance of all available funds shall be apportioned and distributed to each school division on a pro rata basis according to the school division’s average daily membership adjusted by the locality’s composite index of ability to pay as set forth in the general appropriation act. “Local governing bodies may establish a separate escrow fund for the deposit of such funds as provided in § 22.1-175.5”; removed the subsection B designation; and in the existing provisions, deleted “for subsequent fiscal years” preceding “shall be apportioned and distributed,” “to be” preceding “established by,” and the former last sentence, which read: “In developing such eligibility and needs criteria, the 2000 Session of the General Assembly shall consider the recommendations of the Commission on State Funding of Public School Construction.”

§ 22.1-175.5. Capital School Projects Fund.

  1. The governing body of any locality which is awarded a grant pursuant to this chapter may authorize the local treasurer or fiscal officer, by ordinance or resolution, to create a separate escrow account upon the books of the locality, as described in this section. Upon the adoption of such ordinance or resolution, the treasurer of the locality shall place such grant awards into this account.
  2. The escrow account shall be known as the “County/City/Town of  _______________  Capital School Projects Fund.” All principal deposited to such fund, together with all income from or attributable to the fund, shall be used solely for (i) construction, additions, renovations, including retrofitting and enlarging public school buildings, infrastructure, including technology infrastructure, and site acquisition for public school buildings and facilities or (ii) debt service payments, or a portion thereof, for any such projects completed in the previous ten years if so designated. No disbursement from the fund may be made except upon specific appropriation by the governing body in accordance with applicable law. If a locality establishes such a fund and designates any portion of the funds deposited therein to pay debt service for (i) any general obligation of the locality held by the Virginia Public School Authority or (ii) any Literary Fund loan, the locality shall obtain an opinion of bond counsel that designation of funds to pay debt service on obligations described in clauses (i) and (ii) hereof does not adversely impact the tax-exempt status of such obligations.
  3. All grant awards deposited in the fund, including all income from or attributable to such fund, shall be deemed public funds of the locality and shall be subject to all limitations upon deposit and investment provided by general law, including, but not limited to, the Virginia Security for Public Deposits Act (§ 2.2-4400 et seq.). Income, dividends, distributions, and grants accruing to the fund shall be retained in such fund and shall be expended only in accordance with the terms of this section.
  4. Nothing in this section shall be deemed or construed to authorize a school board or school division to receive, hold or invest funds in its own name, nor to expend funds in the absence of a specific appropriation by the governing body of the locality in accordance with applicable law.

History. 1999, cc. 354, 391.

Editor’s note.

Acts 2020, c. 1289, Item 145 C 17, as amended by Acts 2021, Sp. Sess. I, c. 552, effective for the biennium ending June 30, 2022, provides: “Notwithstanding the requirements of § 22.1-175.5, Code of Virginia, school divisions are permitted to withdraw funds from local escrow accounts established pursuant to § 22.1-175.5 to pay for recurring operational expenses incurred by the school division. Localities are not required to provide a local match of the withdrawn funds.”

Chapter 11.2. Virginia Public School Educational Technology Grants Program.

§ 22.1-175.6. Virginia Public School Educational Technology Grants Program established.

With such funds as are appropriated for this purpose, the Virginia Public School Educational Technology Grants Program, hereinafter referred to as “the Program,” is hereby established to provide grants to eligible school divisions for educational technology, including infrastructure, software, and hardware acquisitions and replacement, and innovative programs to advance the effectiveness of educational technology. The Program shall be administered by the Board of Education.

History. 1999, c. 870.

§ 22.1-175.7. Virginia Public School Educational Technology Trust Fund created.

  1. From such funds as may be appropriated for this purpose and from such gifts, donations, grants, bequests, and other funds as may be received on its behalf, there is hereby created in the Department of the Treasury a special nonreverting fund known as the Virginia Public School Educational Technology Trust Fund, hereinafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller, and any moneys remaining in such Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on such funds shall remain in the Fund and be credited to it. Funds may be disbursed to any school division that is eligible for financial assistance pursuant to the provisions of this chapter.
  2. The State Treasurer shall manage the Virginia Public School Educational Technology Trust Fund, subject to the authority of the Board of Education to provide for its disbursement. The Fund shall be disbursed to award grants as provided in § 22.1-175.6.
  3. The amount of such educational technology grants shall be matched by funds of the qualifying school division based on the locality’s composite index of ability to pay. In awarding such grants, the Board shall take into consideration any other state or federal grants which may have been applied for or awarded for the same projects. In addition, the Board shall assist local school divisions in applying for such grants and shall seek to ensure that all divisions have equitable access, based on superintendent’s regions, to such funds as may be available.

History. 1999, c. 870.

§ 22.1-175.8. Board to issue guidelines.

The Board shall issue guidelines for the administration of the Program as it may deem necessary and appropriate. The guidelines shall include, but shall not be limited to, provisions which address compliance with other law or Board requirements for educational technology, the application for a grant from the Fund, the innovations included in the proposal, and other criteria as established by the Board.

History. 1999, c. 870.

§ 22.1-175.9. Funding.

Grants pursuant to this chapter shall be awarded upon a determination of the Governor of the appropriate funding source and amounts for the Fund established in § 22.1-175.7.

Funds appropriated for financial assistance for the purposes of this chapter shall be apportioned and distributed among the school divisions of the Commonwealth in accordance with eligibility and needs criteria to be established by the Board.

History. 1999, c. 870.

Chapter 12. Pupil Transportation.

Article 1. General Provisions.

§ 22.1-176. Transportation of pupils authorized; when fee may be charged; contributions; regulations of Board of Education.

  1. School boards may provide for the transportation of pupils, but nothing herein contained shall be construed as requiring such transportation except as provided in § 22.1-221.
  2. When a school board provides transportation to pupils for extracurricular activities, other than those covered by an activity fund, which are sponsored by the pupils’ school apart from the regular instructional program and which the pupils are not required to attend or participate in, the school board may accept contributions for such transportation or charge each pupil utilizing such transportation a reasonable fee not to exceed his pro rata share of the cost of providing such transportation. A school board may waive such fees for any pupil whose parent or guardian is financially unable to pay them.
  3. When a school board provides transportation to pupils for field trips which are a part of the program of the pupils’ school or are sponsored by such school, the school board may accept contributions for such transportation.
  4. The Board of Education shall promulgate such regulations as shall be in the public interest to effect the intent of this section.

History. Code 1950, §§ 22-72.1, 22-97.1; 1954, c. 291; 1956, Ex. Sess., c. 60; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1970, c. 156; 1971, Ex. Sess., c. 161; 1972, c. 86; 1975, cc. 308, 328; 1976, c. 99; 1978, cc. 430, 527; 1980, c. 559.

Cross references.

For section requiring the routing of school buses so as to avoid the necessity of pupils’ crossing divided highways, see § 46.2-918 .

OPINIONS OF THE ATTORNEY GENERAL

Local school boards may not charge for the transportation of students to and from school.

See opinion of Attorney General to The Honorable John S. Reid, Member, House of Delegates, 07-053, 2007 Va. AG LEXIS 30 (8/29/07).

Transportation to special program. —

A local school board may not charge a fee for the transportation of a student enrolled in a specialty program located outside the boundaries of the student’s base school. See opinion of Attorney General to The Honorable Jackson H. Miller, Member, House of Delegates, 10-016, 2010 Va. AG LEXIS 24 (3/18/10).

§ 22.1-176.1. Agreements to provide transportation for nonpublic school pupils.

Local school boards may enter into agreements with nonpublic schools within the school division to provide student transportation to and from such schools and school field trips under such terms and conditions as the local school boards deem appropriate and responsible. Such terms may include arrangements relating to cost-sharing, fees, insurance, and liability.

History. 2007, c. 476; 2016, cc. 57, 145.

The 2016 amendments.

The 2016 amendments by cc. 57 and 145 are identical, and inserted “and school field trips” in the first sentence and deleted “but are not limited to” following “may include” in the second sentence.

§ 22.1-176.2. Certain students; waiver to access student transportation in certain cases.

Each school board that provides for the transportation of students pursuant to § 22.1-176 and that has established a rule, regulation, or policy to exclude certain students who reside within a certain distance from the school at which they are enrolled from accessing such transportation shall establish a process for waiving, on a case-by-case and space-available basis, such exclusion and providing transportation to any such student whose parent is unable to provide adequate transportation for his child to attend school because the parent is providing necessary medical care to another family member who resides in the same household, as evidenced by a written explanation submitted by a licensed health care provider who provides care to such family member.

History. 2020, c. 576.

§ 22.1-177. Regulations.

  1. The Board may make regulations relating to the construction, design, operation, equipment, and color of public school buses and shall have the authority to issue an order prohibiting the operation on public streets and highways of any public school bus that does not comply with such regulations. Any such order shall be enforced by the Department of State Police.
  2. Local school boards may, notwithstanding any regulation to the contrary, display decals depicting the flag of the United States on the sides and rear of school buses as long as any such decal does not obstruct the name of the school division or the number of the school bus and is no larger than 100 square inches. In addition, local school boards may, notwithstanding any regulation to the contrary, display decals relating to school bus safety. Local school divisions shall be responsible for the cost of the decals. Such decal shall not obstruct the name of the school division or the number of the school bus.
  3. No regulation of the Board shall unreasonably limit the authority of any local school division to purchase and use school buses using compressed natural gas or other alternative fuels or convert its school buses to use compressed natural gas or other alternative fuels.
  4. Any local school board may, notwithstanding any regulation to the contrary, sell or transfer any of its school buses to another school division or purchase a used school bus from another school division or a school bus dealer as long as the school bus (i) conforms to the specifications relating to construction and design effective in the Commonwealth on the date of manufacture; (ii) has a valid Virginia State Police inspection; and (iii) has not reached the end of its useful life according to the school bus replacement schedule utilized by the Department of Education as required by the general appropriation act.

History. Code 1950, § 22-276; 1958, c. 274; 1980, c. 559; 1991, c. 191; 2003, c. 162; 2007, c. 104; 2013, c. 778; 2015, c. 559.

The 2003 amendments.

The 2003 amendment by c. 162 added the second paragraph.

The 2007 amendments.

The 2007 amendment by c. 104 added the second through last sentences in the second paragraph.

The 2013 amendments.

The 2013 amendment by c. 778, in the second paragraph, substituted “relating to school bus safety” for “relating to local school division bus safety hotlines” at the end of the second sentence, and deleted “bearing the number of such safety hotline” at the end of the third sentence; and made a minor stylistic change.

The 2015 amendments.

The 2015 amendment by c. 559 inserted the subsection designations and added subsection D.

§ 22.1-178. Requirements for persons employed to drive school buses.

  1. No school board shall hire, employ, or enter into any agreement with any person for the purposes of operating a school bus transporting pupils unless the person proposed to so operate such school bus shall:
    1. Have a physical examination of a scope prescribed by the Board with the advice of the Medical Society of Virginia and furnish a form prescribed by the Board showing the results of such examination.
    2. Furnish a statement or copy of records from the Department of Motor Vehicles showing that the records of such Department do not disclose that the person, within the preceding five years, has been convicted upon a charge of driving under the influence of alcohol or drugs, convicted of a felony or assigned to any alcohol safety action program or driver alcohol rehabilitation program pursuant to § 18.2-271.1 or, within the preceding 12 months, has been convicted of two or more moving traffic violations or required to attend a driver improvement clinic by the Commissioner of the Department of Motor Vehicles pursuant to § 46.2-498 .
    3. Furnish a statement signed by two reputable persons who reside in the school division or in the applicant’s community that the person is of good moral character.
    4. Exhibit a license showing the person has successfully undertaken the examination prescribed by § 46.2-339 .
    5. Have reached the age of 18 by the first day of the school year.
  2. Any school board may require proof of current certification or training in emergency first aid, cardiopulmonary resuscitation, and the use of an automated external defibrillator as a condition to employment to operate a school bus transporting pupils.
  3. School boards may require persons accepting employment as a driver of a school bus transporting pupils to agree, as a condition of employment, to submit to alcohol and controlled substance testing. Any such tests shall be conducted in compliance with Board regulations.
  4. The documents required pursuant to subdivisions A 1 and 2 shall be furnished annually prior to the anniversary date of the employment agreement as a condition to continuing employment to operate a school bus.
  5. The documents required pursuant to this section shall be filed with, and made a part of, the records of the school board employing such person as a school bus operator.
  6. The Department shall furnish to the several division superintendents the necessary forms to be used by applicants in furnishing the information required by this section. Insofar as practicable, such forms shall be designed to limit paperwork, avoid the possibility of mistake, and furnish all parties involved with a complete and accurate record of the information required.
  7. The physical examination required by subsection A may be performed and the report of the results signed by a licensed nurse practitioner or physician assistant.

History. Code 1950, § 22-276.1; 1962, c. 544; 1966, c. 604; 1970, c. 696; 1972, c. 359; 1973, c. 170; 1976, cc. 116, 123; 1977, c. 393; 1978, c. 322; 1979, c. 126; 1980, c. 559; 1992, c. 130; 1993, c. 285; 1994, c. 104; 1998, c. 287; 2001, c. 445; 2006, c. 396; 2013, cc. 498, 530; 2022, c. 355.

Editor’s note.

Acts 2013, cc. 498 and 530, cl. 2 provides: “That the Board of Education, in conjunction with the Department of Health, shall adopt regulations and establish guidelines to implement the provisions of this act.”

Acts 2022, c. 355, cl. 3 provides: “That the provisions of this act that amend § 22.1-178 of the Code of Virginia shall not be construed to require any individual who accepted employment on or before July 1, 1994, as a driver of a school bus transporting pupils to agree, as a condition of employment, to submit to alcohol and controlled substance testing.”

The 2001 amendments.

The 2001 amendment by c. 445, in subdivision A 3, substituted “persons who reside in” for “residents of,” and inserted “or in the applicant’s community.”

The 2006 amendments.

The 2006 amendment by c. 396 added “or physician assistant” to the end of subsection G.

The 2013 amendments.

The 2013 amendments by cc. 498 and 530 are identical, and substituted “proof of current certification or training in emergency first aid, cardiopulmonary resuscitation, and the use of an automated external defibrillator” for “successful completion of the American National Red Cross first-aid course or its equivalent” in subsection B, and made minor stylistic changes.

The 2022 amendments.

The 2022 amendment by c. 355 in subdivision A 1 and subsection C, deleted “of Education” following “Board” throughout; substituted “by” for “on” in subdivision A 5; deleted “after July 1, 1994” following “persons accepting employment” in subsection C; substituted “Department” for “State Department of Education” in subsection F; and made stylistic changes.

Law Review.

For 2006 survey article, “Health Care Law,” see 41 U. Rich. L. Rev. 179 (2006).

§ 22.1-179. Repealed by Acts 1992, c. 130, effective March 3, 1992.

Editor’s note.

Former § 22.1-179, relating to completion of contract upon reaching age seventy, was derived from Code 1950, § 22-276.1; 1962, c. 544; 1966, c. 604; 1970, c. 696; 1972, c. 359; 1973, c. 170; 1976, cc. 116, 123; 1977, c. 393; 1978, c. 322; 1979, c. 126; 1980, c. 559.

§ 22.1-180. Requirements for persons employed to transport pupils attending religious or private schools.

No person, partnership, association or corporation operating any religious or private school shall hire, employ or enter into any agreement with any person for the purpose of transporting pupils by motor vehicle unless such person shall present the documents and meet the qualifications required of operators of public school buses by subsection A of § 22.1-178. The State Department of Education shall furnish the forms prescribed for the purposes of § 22.1-178 to any person, partnership, association or corporation who shall request such forms for the purpose of compliance with this section.

History. Code 1950, § 22-276.2; 1968, c. 432; 1980, c. 559; 2005, c. 928.

The 2005 amendments.

The 2005 amendment by c. 928 substituted “religious” for “parochial” in the first sentence.

§ 22.1-181. Training program for school bus operators.

  1. The Board shall promulgate regulations requiring persons applying for employment, and employed, to operate school buses to complete a training program developed by the Board.
  2. For applicants not currently possessing a commercial driver’s license, such regulations shall require (i) a minimum of 24 hours of classroom training administered pursuant to this section and (ii) six hours of behind-the-wheel training on a school bus that contains no pupil passengers. For applicants currently possessing a commercial driver’s license, such regulations shall require (a) a minimum of four hours of classroom training administered pursuant to this section and (b) three hours of behind-the-wheel training on a school bus that contains no pupil passengers. Behind-the-wheel training shall be administered under the direct on-board supervision of a designated school bus driver trainer.
  3. The training program developed by the Board shall include safety protocols for responding to adverse weather conditions, unsafe conditions during loading and unloading of students, students on the wrong bus, and other circumstances, as determined by the Board, where student safety is at risk.

History. Code 1950, § 22-276.3; 1977, c. 393; 1980, c. 559; 2018, cc. 203, 389; 2019, c. 769.

Cross references.

As to regulation of driver training schools, see § 46.2-1700 , et seq.

Editor’s note.

Acts 2018, cc. 203 and 389, cl. 2 provides: “That the State Board of Education and the Department of Motor Vehicles’ initial adoption of regulations necessary to implement the provisions of this act shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), except that the State Board of Education and the Department of Motor Vehicles shall provide an opportunity for public comment on the regulations prior to adoption.”

The 2018 amendments.

The 2018 amendments by cc. 203 and 389 are identical, and added the last three sentences.

The 2019 amendments.

The 2019 amendment by c. 769 designated the existing provisions as subsections A and B; rewrote subsection A, which read: “The Board of Education shall develop a training program for persons applying for employment, and employed, to operate school buses and shall promote its implementation”; and added subsection C.

§ 22.1-182. Use of school buses for public and commercial purposes.

The school board of any school division may enter into agreements with any third-party logistics company, the governing body of any county, city, or town in the school division, any state agency, or any agency established or identified pursuant to P.L. 89-73 or any law amendatory or supplemental thereto providing for the use of the school buses of such school division by such third-party logistics company or agency or by departments, boards, commissions, or officers of such county, city, or town for public purposes, including transportation for the elderly, or private purposes, except that such third-party logistics company shall not use the school buses to provide transportation of passengers for compensation or for residential delivery of products for compensation. Each such agreement shall provide for reimbursing the school board in full for the proportionate share of any and all costs, both fixed and variable, of such buses incurred by such school board attributable to the use of such buses pursuant to such agreement. Each such agreement shall also require the third-party logistics company, governing body, state agency, or agency established or identified pursuant to P.L. 89-73 or any law amendatory or supplemental thereto to supply insurance on the school bus that meets the minimum coverage requirements in § 22.1-190. The third-party logistics company, governing body, state agency, or agency established or identified pursuant to P.L. 89-73 or any law amendatory or supplemental thereto shall indemnify and hold harmless the school board from any and all liability of the school board by virtue of use of such buses pursuant to an agreement authorized herein.

History. Code 1950, § 22-151.2; 1973, c. 368; 1975, c. 633; 1980, c. 559; 2022, c. 241.

The 2022 amendments.

The 2022 amendment by c. 241 in the first and last sentences, substituted “P.L. 89-73” for “United States Public Law”; in the first sentence, inserted “any third-party logistics company,” “third-party logistics company or,” and “or private purposes, except that such third-party logistics company shall not use the school buses to provide transportation of passengers for compensation or for residential delivery of products for compensation”; added the third sentence; inserted “third-party logistics company” in the last sentence; and made stylistic changes.

§ 22.1-183. When warning lights and identification to be covered.

It shall be unlawful for a school bus licensed in this Commonwealth to be operated on the public highways of this Commonwealth for the purpose of transporting persons or commodities other than school personnel, school children or elderly or mentally or physically handicapped persons unless the lettered identification and school bus traffic warning lights on the front and rear of such bus are covered with some opaque detachable material. This section shall not apply to any such bus when operated by a salesman or demonstrator in connection with a prospective sale or delivery of a bus.

History. Code 1950, §§ 22-151.2, 22-280.1; 1973, c. 368; 1975, c. 633; 1980, c. 559.

§ 22.1-184. School bus emergency drills.

At every public school having public school buses there shall be held, at least once during the first ninety calendar days of each school session and oftener if necessary, a drill in leaving school buses under emergency circumstances.

History. Code 1950, § 22-280.2; 1964, c. 174; 1980, c. 559.

§ 22.1-185. Shelters on bus routes.

The governing body of any county, city or town may expend funds for the construction and maintenance at points on school bus routes of such shelters, platforms or other structures as it may deem necessary or convenient for the protection and comfort of children of school age who go to such points to meet school buses.

History. Code 1950, § 22-282; 1980, c. 559.

§ 22.1-186. Payments for transportation of pupils.

The regulations of the Board of Education governing state payments for pupil transportation shall provide for payments to school divisions for pupil transportation provided by the school divisions both through systems operated by the school divisions and through contracts with public transportation facilities.

History. Code 1950, § 22-283.1; 1972, c. 699; 1980, c. 559.

§ 22.1-187. Exemption from payment of tolls by certain students, etc.

It shall be unlawful to collect any toll for the use of any road, highway, bridge, or ferry in the Commonwealth, except those financed under the Transportation Development and Revenue Bond Act (§ 33.2-1700 et seq.) or other act authorizing the construction by the State or a political subdivision thereof of projects financed by the issuance of bonds payable solely from tolls and other revenues of the project, (i) by any student or other person using the road, highway, bridge, or ferry daily for going to or from immediate attendance upon any school, institution of higher education, or other educational institution in the Commonwealth, or classes in water safety training conducted under the auspices of the American Red Cross, or (ii) by the vehicle carrying the student or other person.

Any such student or other person or the parent or guardian of any such student may apply for and receive from the principal of any school, institution of higher education, or other educational institution in the Commonwealth a card certifying that the student or other person uses such road, highway, bridge, or ferry daily for regularly attending such school, institution of higher education, or educational institution or classes at any such school or institution. Such card exhibited to the person in charge of any tollgate on any road, highway, bridge, or ferry in the Commonwealth shall be accepted in lieu of all charges for the passage through such tollgate of any such student, person, or the vehicle carrying him when using the road, highway, bridge, or ferry daily for going to or from immediate attendance at any such school, institution of higher education, or other educational institution or classes at any such school or institution.

Any person using any such card, except for the purpose herein specified, shall be guilty of a Class 4 misdemeanor.

History. Code 1950, § 22-277; 1956, c. 237; 1958, c. 465; 1980, c. 559.

Cross references.

As to punishment for Class 4 misdemeanors, see § 18.2-11 .

As to inapplicability of certain laws to high-occupancy toll lanes, see § 33.2-505 .

Editor’s note.

References in this section were updated at the direction of the Virginia Code Commission to conform to the recodification of Title 33.2 by Acts 2014, c. 805, effective October 1, 2014.

At the direction of the Virginia Code Commission, the following changes were made to conform to Acts 2016, c. 588: substituted “the Commonwealth” for “this Commonwealth” and “institution of higher education” for “college” throughout; inserted “at any such school or institution” at the end of the first and last sentences in the second paragraph; and made minor stylistic changes.

Article 2. Insurance Provisions.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 38; 16 M.J. Schools, § 11.1.

§ 22.1-188. Definitions.

As used in this article:

  1. “Vehicle” means any vehicle owned or operated by, or owned or operated by any person under contract with, a county, city, town or school board in which any school pupils or personnel are transported at public expense to or from any public school.
  2. “School pupils and personnel” includes school bus patrolmen when performing duties either in or outside a vehicle as prescribed by the Board of Education.

History. 1980, c. 559.

§ 22.1-189. Compliance with article prerequisite to receiving state school funds.

No school division in which any school pupils or personnel are transported at public expense to or from any public school in any vehicle shall receive any state school funds unless it complies with all applicable requirements of this article and submits satisfactory evidence to the Superintendent of Public Instruction of the effectuation of all requisite insurance.

History. Code 1950, § 22-284; 1980, c. 559.

CASE NOTES

Vehicles covered. —

This section and §§ 22.1-190 and 22.1-194 are designed for and limited to the operation of vehicles used for the transportation of school pupils and personnel. Crabbe v. County School Bd., 209 Va. 356 , 164 S.E.2d 639, 1968 Va. LEXIS 239 (1968), overruled, Lentz v. Morris, 236 Va. 78 , 372 S.E.2d 608, 5 Va. Law Rep. 516, 1988 Va. LEXIS 103 (1988) (decided under prior law).

§ 22.1-190. When insurance required and amount thereof.

  1. Every vehicle shall be covered in a policy of liability and property damage insurance issued by an insurance carrier authorized to transact business in this Commonwealth, in the amounts of at least $50,000 for injury, including death, to one person; $500,000 for injury, including death, to all persons injured in any one accident; and $50,000 for damage, including destruction, to the property of any person, other than the insured. In addition, the policy of insurance shall provide coverage for loss or damage caused by an uninsured motorist in accordance with the provisions of § 38.2-2206 and in the amounts required by this section. The policy shall also provide for medical expense payment coverage in the minimum amount of $5,000 for each person injured. Taxicabs providing transportation of students under contract with a school division shall be covered by policies providing coverage of at least $50,000 for injury, including death, to one person; $200,000 for injury, including death, to all persons injured in any one accident; $10,000 for damage, including destruction, to the property of any person other than the insured; and medical expense payment coverage in the minimum amount of $1,000 for each person injured, or in such higher amounts as the contract with the school division or a local ordinance may prescribe.
  2. The insurance so effected shall be subject to all laws of this Commonwealth regulating insurance.
  3. This insurance shall not be required in cases when pupils are transported on a common carrier if such carrier is covered by a policy of insurance affording substantially the protection required by this article.
  4. This insurance shall not be required in cases where pupils are transported in vehicles which are owned or operated by a county, city, town or school board which has qualified for and received a certificate of self-insurance from the Commissioner of the Department of Motor Vehicles, following a certification of financial responsibility equal to that required under subsection A of this section. The Commissioner of the Department of Motor Vehicles may require posting of a bond by a locality or school board as a condition to issuance of a certificate of financial responsibility pursuant to this subsection.

History. Code 1950, § 22-285; 1958, c. 301; 1970, c. 681; 1976, c. 224; 1980, c. 559; 2012, c. 593.

Editor’s note.

At the direction of the Code Commission, the reference in subsection A to § 38.2-2206 was substituted for § 38.2-2204 .

The 2012 amendments.

The 2012 amendment by c. 593, in subsection A, substituted “to one person; $500,000 for injury, including death, to all persons injured in any one accident; and $50,000 for damage” for “to 1 person; $2500,000 for injury, including death, to all persons injured in any 1 accident; and $10,000 for damage” in the first sentence, substituted “of $5,000 for each person injured” for “of $1,000” at the end of the third sentence, and added the fourth sentence.

Research References.

Virginia Forms (Matthew Bender). No. 1-204 Complaint — Personal Injury against Unknown Driver under Uninsured Motorist Statute; No. 1-217 Answer — Unknown Driver under Uninsured Motorist Statute.

CASE NOTES

Vehicles covered. —

This section and §§ 22.1-189 and 22.1-194 are designed for and limited to the operation of vehicles used for the transportation of school pupils and personnel. Crabbe v. County School Bd., 209 Va. 356 , 164 S.E.2d 639, 1968 Va. LEXIS 239 (1968), overruled, Lentz v. Morris, 236 Va. 78 , 372 S.E.2d 608, 5 Va. Law Rep. 516, 1988 Va. LEXIS 103 (1988) (decided under prior law).

Failure to obtain certificate of self-insurance. —

This section abrogated a school board’s sovereign immunity up to the limits of its coverage under a self-insurance pool operated by the Virginia School Board Association, and the trial court properly held that a minor who was injured in a school bus accident and the minor’s mother were not barred from suing the school board for negligence, and that the school board’s liability for damages was not limited to $50,000 under subsection A of § 22.1-190 because the school board had not obtained a certificate of self-insurance from the Commissioner of the Virginia Department of Motor Vehicles, pursuant to subsection D of § 22.1-190. Frederick County Sch. Bd. v. Hannah, 267 Va. 231 , 590 S.E.2d 567, 2004 Va. LEXIS 20 (2004).

School district’s ability to contract for more than statutory minimum. —

School district had $1 million in uninsured motorist/underinsured motorist coverage, rather than the statutory minimum of $50,000, because (1) the school district so contracted with a risk pool, (2) neither the statutory minimum nor the provisions of other statutes barred such a contract, (3) the school district had the freedom to so contract, and (4) such insurance was “valid and collectible.” VACORP v. Young, 298 Va. 490 , 840 S.E.2d 334, 2020 Va. LEXIS 34 (2020).

§ 22.1-191. When Superintendent of Public Instruction to obtain insurance.

In every case in which a locality or its school board fails to obtain, or to require vehicles operated under contract with it to be covered by, the requisite insurance by the twentieth of July of any year or fails to notify the Superintendent of Public Instruction of the effectuation of requisite insurance on or before the first of August, it shall be the duty of the Superintendent of Public Instruction, on or before the first of September, to obtain insurance complying with the requirements of this article on all vehicles, as far as known to or reasonably ascertainable by him, to be used in the school division for school pupil and personnel transportation in the ensuing session and to expend for this purpose the requisite amount out of any state school funds otherwise distributable, or becoming distributable, to the school division so in default.

History. Code 1950, § 22-287; 1980, c. 559.

§ 22.1-192. Injury and damage covered by policy.

Every policy of insurance issued in pursuance of the provisions of this article, in addition to compliance with other requirements of this article and with the requirements of other applicable laws, shall cover:

  1. Injury, including death, to school pupils and personnel, except the driver when not a pupil, riding as passengers on any of the vehicles so insured when used to transport such persons at public expense;
  2. Injury, including death, to any persons not passengers on any such vehicle;
  3. Damage, including destruction, to property of any person other than the insured.

History. Code 1950, § 22-288; 1962, c. 181; 1980, c. 559.

§ 22.1-193. Sufficiency of proof in action on policy; guest doctrine not applicable.

In case any school pupil or personnel, except the driver when not a pupil, whether riding in a vehicle or not, or any other person suffers injury, including death, or property damage, including destruction, through the ownership, maintenance, use or operation of a vehicle, it shall be sufficient, in an action for recovery upon the policy, to prove such facts and circumstances as are required to be shown in order to recover damages for death or injury to person or property caused by the negligent operation of privately owned motor vehicles in Virginia; provided that such pupils and personnel shall not be considered as guests, and § 8.01-63 shall not apply to them.

History. Code 1950, § 22-289; 1980, c. 559.

§ 22.1-194. Liability of locality or school board owning or operating vehicle.

In case the locality or the school board is the owner, or operator through medium of a driver, of, or otherwise is the insured under the policy upon, a vehicle involved in an accident, the locality or school board shall be subject to action up to, but not beyond, the limits of valid and collectible insurance in force to cover the injury complained of or, in cases set forth in subsection D of § 22.1-190, up to but not beyond the amounts of insurance required under subsection A of § 22.1-190 and the defense of governmental immunity shall not be a bar to action or recovery. In case of several claims for damages arising out of a single accident involving a vehicle, the claims of pupils and school personnel, excluding driver when not a pupil, shall be first satisfied. In no event, except where approved self-insurance has been provided pursuant to subsection D of § 22.1-190, shall school funds be used to pay any claim or judgment or any person for any injury arising out of the operation of any such vehicle. The locality or school board may be sued alone or jointly with the driver, provided that in no case shall any member of a school board be liable personally in the capacity of school board member solely.

History. Code 1950, § 22-290; 1976, c. 224; 1980, c. 559.

Editor’s note.

At the direction of the Virginia Code Commission, “subsection D of § 22.1-190” was substituted for “22.1-190 D.”

Law Review.

For a re-examination of sovereign tort immunity in Virginia, see 15 U. Rich. L. Rev. 247 (1981).

Research References.

Friend’s Virginia Pleading and Practice (Matthew Bender). Chapter 35 Limitation of Actions: Statutes of Limitations; Immunities; Res Judicata and Collateral Estoppel. § 35.02 Immunities. Friend.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 38.

CASE NOTES

This statute abrogates the immunity of a school board for acts of simple negligence to a limited degree and when the conditions of the statute are met, the defense of sovereign immunity will not bar an action for recovery of damages in an amount up to the limits of the insurance policy. Linhart v. Lawson, 261 Va. 30 , 540 S.E.2d 875, 2001 Va. LEXIS 23 (2001).

This section abrogated a school board’s sovereign immunity up to the limits of its coverage under a self-insurance pool operated by the Virginia School Board Association, and the trial court properly held that a minor who was injured in a school bus accident and the minor’s mother were not barred from suing the school board for negligence, and that the school board’s liability for damages was not limited to $50,000 under subsection A of § 22.1-190 because the school board had not obtained a certificate of self-insurance from the Commissioner of the Virginia Department of Motor Vehicles, pursuant to subsection D of § 22.1-190. Frederick County Sch. Bd. v. Hannah, 267 Va. 231 , 590 S.E.2d 567, 2004 Va. LEXIS 20 (2004).

School boards liable for simple negligence. —

In enacting this section, the general assembly created an exception to the common law principle that the liabilities of principals and agents are coterminous and imposed liability on a school board for simple negligence, even if its employee is liable only for acts of gross negligence. Linhart v. Lawson, 261 Va. 30 , 540 S.E.2d 875, 2001 Va. LEXIS 23 (2001).

Immunity of individual employees preserved. —

Governmental employees have always been subject to suit for gross negligence and the language in the statute authorizing a suit against an employee and school board jointly does no more than recognize that such an employee is amenable to suit; without more, the language of the statute is insufficient to convey a plainly manifest intent to abrogate a governmental employee’s immunity for acts of simple negligence. Linhart v. Lawson, 261 Va. 30 , 540 S.E.2d 875, 2001 Va. LEXIS 23 (2001).

Vehicles covered. —

This section and §§ 22.1-189 and 22.1-190 are designed for and limited to the operation of vehicles used for the transportation of school pupils and personnel. Crabbe v. County School Bd., 209 Va. 356 , 164 S.E.2d 639, 1968 Va. LEXIS 239 (1968), overruled, Lentz v. Morris, 236 Va. 78 , 372 S.E.2d 608, 5 Va. Law Rep. 516, 1988 Va. LEXIS 103 (1988) (decided under prior law).

School district’s ability to contract for more than statutory minimum. —

School district had $1 million in uninsured motorist/underinsured motorist coverage, rather than the statutory minimum of $50,000, because (1) the school district so contracted with a risk pool, (2) neither the statutory minimum nor the provisions of other statutes barred such a contract, (3) the school district had the freedom to so contract, and (4) such insurance was “valid and collectible.” VACORP v. Young, 298 Va. 490 , 840 S.E.2d 334, 2020 Va. LEXIS 34 (2020).

CIRCUIT COURT OPINIONS

No insurance coverage. —

Even if the court were to accept the student’s argument that the accident occurred during the unloading process, based on the facts, the Powell test, and other cases, the accident did not result from the ownership, maintenance, or use of the bus; the accident occurred after the bus driver removed the student from the bus, when he was on the sidewalk. The bus, at best, was merely the situs of the accident; therefore, there was no valid and collectible insurance in force to cover the injury complained of under § 22.1-194 and the county school board retained its immunity. Griffin v. Brunswick County Pub. Sch. Bd., 77 Va. Cir. 275, 2008 Va. Cir. LEXIS 267 (Brunswick County Nov. 14, 2008).

§ 22.1-195. Recovery where vehicle operated under contract.

In case a vehicle involved in an accident is not owned by the county, city, town or school board but is operated under contract with the locality or school board, recovery may be had as provided for in § 22.1-193.

History. Code 1950, § 22-291; 1980, c. 559.

Research References.

Friend’s Virginia Pleading and Practice (Matthew Bender). Chapter 35 Limitation of Actions: Statutes of Limitations; Immunities; Res Judicata and Collateral Estoppel. § 35.02 Immunities. Friend.

§ 22.1-196. Lapsed insurance.

If insurance is obtained but lapses while a vehicle is still being used or is proposed to be used to transport school pupils or personnel, no school funds remaining to be distributed to the school board so in default shall be distributed to it until the terms of this article in this regard have been fully complied with.

History. Code 1950, § 22-292; 1980, c. 559.

§ 22.1-197. Distribution of funds when Superintendent effects insurance.

When the Superintendent of Public Instruction effects insurance as required by this article, he shall nevertheless not make any distribution of state school aid funds to the school board so in default until he has been furnished with satisfactory assurances that all vehicles required by this article to be covered by insurance have been duly insured.

History. Code 1950, § 22-293; 1980, c. 559.

§ 22.1-198. Applicability of article not dependent upon approval of vehicles or allocability of state aid.

The provisions of this article apply to all vehicles whether or not the regulations of the Board of Education established pursuant to § 22.1-177 have been complied with and irrespective of whether or not any state aid for transporting school pupils and personnel in the particular vehicle has been, is, or will be allocable.

History. Code 1950, § 22-294; 1980, c. 559.

Chapter 13. Programs, Courses of Instruction and Textbooks.

Article 1. Programs and Courses of Instruction Generally.

§ 22.1-199. Kindergarten programs suitable for certain children.

  1. The kindergarten program in each school division shall include a program suitable for children who will reach their fifth birthday on or before September 30 of the school year. The school board’s plan for such program shall be furnished to the Board of Education and shall include the following:
    1. A statement of purpose and objectives of the kindergarten program that reflects consideration of the different readiness and maturity levels of children in the program;
    2. A description of the organization, scheduling and staffing of the program that reflects a responsiveness to the needs of the children of the age span to be served in the program;
    3. Evidence that the program plan was developed by a committee that included early childhood specialists, parents, teachers and administrators;
    4. Scheduling and an agenda of in-service activities for kindergarten teachers to ensure adequate preparation for the program;
    5. A plan for the interface of the kindergarten program with the primary program to allow for continuous progress.
  2. The Superintendent of Public Instruction shall disseminate to the school divisions information concerning the ages when children are required or eligible to attend school. Each school division shall disseminate such information to parents of such children of such ages upon or prior to enrollment of such children in the public schools of the division.
  3. The age requirements set forth in subsection A of this section shall not affect the operation of any two-tiered, junior or other developmentally appropriate pre-kindergarten program or transitional first grade.  In those school divisions implementing such programs, children whose fifth birthday occurs between October 1 and December 31 of the school year may be enrolled in kindergarten after an appropriate readiness evaluation has demonstrated that attendance in these programs will educationally benefit such children.

History. Code 1950, § 22-218.1:1; 1978, c. 518; 1980, cc. 559, 570; 1985, c. 407; 1990, c. 792; 1991, c. 138.

Editor’s note.

Section 22-218.1:1, from which this section is derived, was amended by Acts 1980, c. 570. The change made by the 1980 amendment in § 22-218.1:1 was incorporated in this section as enacted by Acts 1980, c. 559.

§ 22.1-199.1. Programs designed to promote educational opportunities.

  1. The General Assembly finds that Virginia educational research supports the conclusion that poor children are more at risk of educational failure than children from more affluent homes and that reduced pupil/teacher ratios and class sizes result in improved academic performance among young children; to this end, the General Assembly establishes a long-term goal of reducing pupil/teacher ratios and class sizes for grades K through three in those schools in the Commonwealth with high or moderate concentrations of at-risk students.

    With such funds as are provided in the appropriation act for this purpose, there is hereby established the statewide voluntary pupil/teacher ratio and class size reduction program for the purpose of reaching the long-term goal of statewide voluntary pupil/teacher ratio and class size reductions for grades K through three in schools with high or moderate concentrations of at-risk students, consistent with the provisions provided in the appropriation act.

    In order to facilitate these primary grade ratio and class size reductions, the Department shall calculate the state funding of these voluntary ratio and class size reductions based on the incremental cost of providing the lower class sizes according to the greater of the division average per-pupil cost of all divisions or the actual division per-pupil cost. Localities shall provide matching funds for these voluntary ratio and class size reductions based on the composite index of local ability to pay. School divisions shall notify the Department of their intention to implement the reduced ratios and class sizes in one or more of their qualifying schools by August 1 of each year. By March 31 of each year, school divisions shall forward data substantiating that each participating school has a complying pupil/teacher ratio.

    In developing each proposed biennium budget for public education, the Board shall include funding for these ratios and class sizes. These ratios and class sizes shall be included in the annual budget for public education.

  2. The General Assembly finds that educational technology is one of the most important components, along with highly skilled teachers, in ensuring the delivery of quality public school education throughout the Commonwealth. Therefore, the Board shall strive to incorporate technological studies within the teaching of all disciplines. Further, the General Assembly notes that educational technology can only be successful if teachers and administrators are provided adequate training and assistance. To this end, the following program is established.

    With such funds as are appropriated for this purpose, the Board shall award to the several school divisions grants for expanded access to educational technology. Funding for educational technology training for instructional personnel shall be provided as set forth in the appropriation act.

    Funds for improving the quality and capacity of educational technology shall also be provided as set forth in the appropriation act, including (i) funds for providing a technology resource assistant to serve every elementary school in this Commonwealth and (ii) funds to maintain the currency of career and technical education programs. Any local school board accepting funds to hire technology resource assistants or maintain currency of career and technical education programs shall commit to providing the required matching funds, based on the composite index of local ability to pay.

    Each qualifying school board shall establish an individualized technology plan, which shall be approved by the Superintendent, for integrating technology into the classroom and into schoolwide instructional programs, including career and technical education programs. The first priority for funding shall be consistent with those components of the Board’s revised six-year technology plan that focus on (i) retrofitting and upgrading existing school buildings to efficiently use educational technology; (ii) providing (a) one network-ready multimedia microcomputer for each classroom, (b) a five-to-one ratio of pupils to network-ready microcomputers, (c) graphing calculators and relevant scientific probes/sensors as required by the Standards of Learning, and (d) training and professional development on available technologies and software to all levels and positions, including professional development for personnel delivering career and technical education at all levels and positions; and (iii) assisting school divisions in developing integrated voice-, video-, and data-connectivity to local, national and international resources.

    This funding may be used to implement a local school division’s long-range technology plan, at the discretion of the relevant school board, if the local plan meets or exceeds the goals and standards of the Board’s revised six-year technology plan and has been approved by the Superintendent.

    The Department of Education, the Department of General Services, and the Virginia Information Technologies Agency shall coordinate master contracts for the purchase by local school boards of the aforementioned educational technologies and reference materials.

    A technology replacement program shall be, with such funds as may be appropriated for this purpose, implemented to replace obsolete educational hardware and software. As provided in subsection D of § 22.1-129, school boards may donate obsolete educational technology hardware and software that are being replaced. Any such donations shall be offered to other school divisions and to preschool programs in the Commonwealth or to public school students as provided in guidelines to be promulgated by the Board. Such guidelines shall include criteria for determining student eligibility and need, a reporting system for the compilation of information concerning the number and socioeconomic characteristics of recipient students, and notification of parents of the availability of such donations of obsolete educational hardware and software.

  3. The General Assembly finds that local autonomy in making decisions on local educational needs and priorities results in effective grassroots efforts to improve education in the Commonwealth’s public schools only when coupled with sufficient state funding; to this end, the following block grant program is hereby established. With such funds as are provided in the appropriation act, the Department shall distribute block grants to localities to enable compliance with the Commonwealth’s requirements for school divisions in effect on January 1, 1995. Therefore, for the purpose of such compliance, the block grant herein established shall consist of a sum equal to the amount appropriated in the appropriation act for the covered programs, including the at-risk add-on program; dropout prevention, specifically Project YES; Project Discovery; English as a second language programs, including programs for overage, nonschooled students; Advancement Via Individual Determination (AVID); the Homework Assistance Program; programs initiated under the Virginia Guaranteed Assistance Program, except that such funds shall not be used to pay any expenses of participating students at institutions of higher education; and school/community health centers. Each school board may use any funds received through the block grant to implement the covered programs and other programs designed to save the Commonwealth’s children from educational failure.
  4. In order to reduce pupil/teacher ratios and class sizes in elementary schools, from such funds as may be appropriated for this purpose, each school board may employ additional classroom teachers, remedial teachers, and reading specialists for each of its elementary schools over the requirements of the Standards of Quality. State and local funding for such additional classroom teachers, remedial teachers, and reading specialists shall be apportioned as provided in the appropriation act.
  5. Pursuant to a turnaround specialist program administered by the Department, local school boards may enter into agreements with individuals to be employed as turnaround specialists to address those conditions at the school that may impede educational progress and effectiveness and academic success. Local school boards may offer such turnaround specialists or other administrative personnel incentives such as increased compensation, improved retirement benefits in accordance with Chapter 6.2 (§ 51.1-617 et seq.) of Title 51.1, increased deferred compensation in accordance with § 51.1-603 , relocation expenses, bonuses, and other incentives as may be determined by the board.
  6. The General Assembly finds that certain schools have particular difficulty hiring teachers for certain subject areas and that the need for such teachers in these schools is particularly strong. Accordingly in an effort to attract and retain high quality teachers, local school boards may offer instructional personnel serving in such schools as a member of a middle school teacher corps administered by the Department incentives such as increased compensation, improved retirement benefits in accordance with Chapter 6.2 (§ 51.1-617 et seq.) of Title 51.1, increased deferred compensation in accordance with § 51.1-603 , relocation expenses, bonuses, and other incentives as may be determined by the board. For purposes of this subsection, “middle school teacher corps” means licensed instructional personnel who are assigned to a local school division to teach in a subject matter in grades six, seven, or eight where there is a critical need, as determined by the Department. The contract between such persons and the relevant local school board shall specify that the contract is for service in the middle school teacher corps.

History. 1995, c. 852; 1996, c. 974; 1997, cc. 357, 394, 617, 686, 923; 1998, cc. 828, 901, 902; 1999, cc. 456, 680; 2000, cc. 93, 506; 2001, cc. 483, 484; 2004, c. 436; 2011, c. 216; 2020, cc. 860, 861; 2022, cc. 61, 355.

Editor’s note.

At the direction of the Virginia Code Commission, “expenses of participating students at institutions of higher education” was substituted for “college expenses of participating students” in subsection D to conform to Acts 2016, c. 588.

Acts 2001, c. 483, cl. 2, provides: “That this act shall not be construed to require any local school board to rename its vocational schools or programs or to require any public or private vocational school to change its name; however, any public school having in its name the terms vocational or vocational technical or any variation of these terms and designated by a local school board to be a vocational or vocational technical school shall comply with the relevant requirements for career and technical education set forth in Title 22.1 of the Code of Virginia and the applicable regulations.”

Acts 2001, c. 483, cl. 3, provides: “That nothing contained in this act shall be construed to require expenditure of funds to realign any name with the term ‘career and technical education’ or to require any redesigning or reprinting of any logo, stationery, informational material or website. In addition, any stationery, pamphlets or other printed material referring to vocational education or some other term denoting career and technical education requiring an eventual revision of a state program or name may continue to be used in the normal course of business until consumed before being redesigned and reprinted.”

Acts 2001, c. 483, cl. 4, provides: “That, further, whenever any references are used in the Code of Virginia to vocational education or to vocational technical education or, when used to denote an education program, to vocational rehabilitation or any other state or local program name that clearly relates to career and technical education within its context, such terms shall be deemed to be subsumed by, synonymous with and included in the term ‘career and technical education.’ ”

Acts 2001, c. 483, cl. 5, provides: “That this act shall not be construed to require any additional services or changes in services in any state or local program or to require any such program to deliver different services than are required by applicable law.”

Acts 2001, c. 484, cl. 2, provides: “That school boards may use any educational technology funds provided in the appropriation act for career and technical education programs, including, but not limited to, funding allocated for (i) professional development in educational technology and (ii) purchase of software and hardware for upgrading capacity.”

Acts 2020, cc. 860 and 861, cl. 3 provides: “That the provisions of the first and second enactments of this act shall become effective on July 1, 2021, except that § 22.1-289.04 of the Code of Virginia, as created by this act, shall become effective in due course.”

The 1999 amendments.

The 1999 amendment by c. 456, in subsection B, in the third sentence, substituted “educational” for “education” preceding “technology can,” in the sixth sentence, inserted the clause (i) designator, and inserted “and (ii) funds for implementing the Family Involvement in Technology program as established in § 22.1-212.2:3” at the end of the sentence, and in the seventh sentence, deleted “such” preceding “technology resource” and inserted “or to implement the Family Involvement in Technology program” preceding “shall commit.”

The 1999 amendment by c. 680 substituted “which are being replaced” for “which is being replaced” in the second sentence of subdivision B 4 and added the present first paragraph of subdivision B 5.

The 2000 amendments.

The 2000 amendment by c. 93, in subdivision B 4, added “or to public school students as provided in guidelines to be promulgated by the Board of Education” at the end of the third sentence, and added the last sentence.

The 2000 amendment by c. 506, in subsection A, in the second paragraph, deleted “Effective July 1, 1996, and” at the beginning and substituted “provided in the appropriation act” for “first provided during the 1994-1995 school year” at the end, in the fourth paragraph, substituted “each proposed” for “the proposed 1996-1998” near the beginning of the first sentence and substituted “These” for “Effective July 1, 1996, the” at the beginning of the second sentence; in subsection C, substituted “at-risk five-year-olds” for “five-year-olds” in the last sentence of the first paragraph and in the first sentence of the second paragraph, designated the former third and fourth sentences of the second paragraph as present paragraphs three and five, and added the fourth paragraph.

The 2001 amendments.

The 2001 amendment by c. 483 substituted “career and technical education” for “vocational technology” in the second sentence of subdivision B 1, and substituted “that” for “which” in the third paragraph of subsection C.

The 2001 amendment by c. 484 divided the former first two paragraphs of subsection B into the present first through fourth paragraphs, in the third paragraph of subsection B inserted “Funds for improving the quality and capacity of educational technology shall also be provided as set forth in the appropriation act,” deleted “and” preceding “(ii),” inserted “and (iii) funds to maintain the currency of career and technical education programs,” deleted “these” following “accepting,” deleted “or to” preceding “implement,” and inserted “or maintain currency of career and technical education programs,” inserted “including career and technical education programs” in the third and fourth paragraphs; and in subdivision B 2, inserted “and thereafter,” and inserted “including professional development for personnel delivering career and technical education at all levels and positions” at the end of clause (ii) (d) thereof.

The 2004 amendments.

The 2004 amendment by c. 436 added subsections F and G and made minor stylistic changes.

The 2011 amendments.

The 2011 amendment by c. 216, in the third paragraph in subsection B, deleted clause (ii), which read: “funds for implementing the Family Involvement in Technology program as established in § 22.1-212.2:3,” redesignated former clause (iii) as clause (ii), and in the last sentence, deleted “implement the Family Involvement in Technology program” following “resource assistants.”

The 2020 amendments.

The 2020 amendments by cc. 860 and 861, effective July 1, 2021, are identical, and deleted subsection C and redesignated the remaining subsections accordingly.

The 2022 amendments.

The 2022 amendment by c. 61 deleted “Reading Recovery” following “higher education” in subsection C; and made a stylistic change.

The 2022 amendment by c. 355 deleted “of Education” following “Department” and “Board” throughout (except for a new occurrence in the penultimate paragraph of subsection B); rewrote subsection B by removing provisions regarding 1994, 1996, and 1998 bienniums and fiscal year 2000, and in the penultimate paragraph, by substituting “Department of Education, the Department of General Services, and the Virginia Information Technologies Agency” for “Departments of Education, Information Technology, and General Services”; and made stylistic changes.

Law Review.

For an article, “Legal Issues Involving Children,” see 32 U. Rich. L. Rev. 1345 (1998).

For an article, “Technology and the Law,” see 32 U. Rich. L. Rev. 1383 (1998).

For 2000 survey of Virginia law regarding children, see 34 U. Rich. L. Rev. 939 (2000).

§ 22.1-199.2. Standards for remediation programs established.

The Board of Education shall promulgate regulations for establishing standards for remediation programs that receive state funding, without regard to state funding designations, which shall be designed to strengthen and improve the effectiveness of such programs in increasing the scholastic achievement of students with academic deficiencies. Such standards shall require school divisions to evaluate remediation programs, annually, in terms of the pass rate on the Standards of Learning tests and the demographic and educational characteristics of students who have been identified for remediation pursuant to subsection C of § 22.1-253.13:1, or clause (ii) of subsection A of § 22.1-254, and § 22.1-254.01.

The Board shall also establish in regulations, a formula for determining the level of funding necessary to assist school divisions in providing transportation services to students required to attend remediation programs.

History. 1997, c. 466; 1998, cc. 602, 627, 902; 1999, cc. 488, 537, 552; 2000, c. 716; 2003, c. 697; 2006, cc. 41, 834; 2010, c. 61.

Editor’s note.

Acts 2000, c. 716, cl. 2 repeals cl. 2 and cl. 3 of Acts 1999, c. 537, which had directed the Board of Education to promulgate certain regulations by August 1, 1999 and others by August 1, 2000.

Acts 2000, c. 716, cl. 3 provides: “That the Board of Education shall promulgate all necessary regulations to implement the provisions of this act by August 1, 2000.”

The 1998 amendments.

The 1998 amendments by cc. 602 and 627, effective July 1, 2003, are identical, and in subsection A, in the last sentence, deleted “the number of students failing the Literacy Passport Test, any or all components, for each administration of the test” preceding “a demographic profile,” inserted “and,” and deleted “and the number of students failing the literacy tests who attend remedial summer school” following “(ESL).”

The 1998 amendment by c. 902, in subsection A, substituted “remediation” for “remedial summer school” in the first and second sentences, in the third sentence, inserted “the number of students failing any Standards of Learning assessments for grades three, five, and eight” and substituted “or the Standards of Learning assessments for grades three, five, and eight who attend remediation programs” for “who attend remedial summer school”; and in subsection B, substituted “remediation” for “remedial summer school” in the first and second sentences and substituted “1998” for “1997” at the end of the subsection.

The 1999 amendments.

The 1999 amendments by cc. 488 and 552 are identical, and substituted “clause (ii) of subsection A” for “subsection E” in subsection A.

The 1999 amendment by c. 537, in subsection A, substituted “promulgate regulations for establishing” for “establish” in the first sentence, and substituted “school divisions to evaluate remediation programs, annually, in terms of the pass rate on the Standards of Learning tests” for “an evaluation of the remediation program offered by the school division to assess such students’ educational needs and program effectiveness” in clause (i); and deleted “beginning on December 1, 1998” at the end of subsection B.

The 2000 amendments.

The 2000 amendment by c. 716, in subsection A, in the first paragraph, inserted “that receive state funding, without regard to state funding designations” in the first sentence and added the last sentence, and added the second paragraph.

The 2003 amendments.

The 2003 amendment by c. 697 inserted “and any end-of-course tests required for the award of a verified unit of credit required for the student’s graduation” near the beginning, and “or end-of-course tests required for the award of a verified unit of credit required for the student’s graduation” near the end, of the third sentence of the first paragraph of subsection A.

The 2006 amendments.

The 2006 amendments by cc. 41 and 834 are identical, and substituted “three through eight” for “three, five, and eight” twice in the third sentence of the first paragraph in subdivision A; and added “prior to the commencement of the regular session of the General Assembly” at the end of subdivision B.

The 2010 amendments.

The 2010 amendment by c. 61 rewrote the section.

Law Review.

For an article, “Technology and the Law,” see 32 U. Rich. L. Rev. 1383 (1998).

§ 22.1-199.3. Repealed by Acts 2004, c. 872, cl. 3, effective May 4, 2005.

Editor’s note.

Acts 2004, c. 872, cl. 3, provides: “That notwithstanding the revisions made in the first enactment, § 22.1-199.3 of the Code of Virginia is repealed if no specific appropriation has been made to the Virginia Educational Excellence Incentive Reward Program for fiscal year 2004 or fiscal year 2005.” No appropriation was made.

Former § 22.1-199.3, establishing the Virginia Educational Excellence Incentive Reward Program and Fund, was enacted by Acts 1998, c. 903.

§ 22.1-199.4. At-Risk Student Academic Achievement Program and Fund.

  1. From such funds as may be appropriated for such purpose and from such gifts, donations, grants, bequests, and other funds as may be received on its behalf, there is hereby established the At-Risk Student Academic Achievement Program, to be administered by the Board of Education, and a special nonreverting fund within the Department of the Treasury known as the At-Risk Student Academic Achievement Fund, hereafter referred to as the “Fund.” The Fund shall be established on the books of the Comptroller, and any moneys remaining in such Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on such funds shall remain in the Fund and be credited to it.The Department of the Treasury shall administer and manage the Fund, subject to the authority of the Board of Education to provide for its disbursement. The Fund shall be disbursed to award noncompetitive grants to public school divisions to implement research-based programs or programs identified as best practices that are designed to improve the academic achievement of at-risk public school students on the Standards of Learning assessments and decrease the rate of dropout among at-risk public school students.
  2. The amount of grants and required local matching funds shall be determined as provided in the appropriation act.Funds received through this Program shall be used to supplement, not supplant, any local funds currently provided for at-risk programs within the school division.
  3. The Board may issue guidelines governing the Program as it deems necessary and appropriate.

History. 2004, c. 456; 2016, cc. 720, 750.

The 2016 amendments.

The 2016 amendments by cc. 720 and 750 are identical, and in the second paragraph of subsection A, deleted the clause (i) and (ii) designations, deleted clause (iii) which read: “increase the number of such students obtaining the advanced studies diploma,” and made related changes.

§ 22.1-199.5. After school programs for at-risk students.

A local school board may establish after school programs designed to prevent at-risk youth from engaging in illegal or gang-related activities for school aged children.

Local funds appropriated for K through 12 education may be used to support such after-school programs.

History. 2008, c. 455.

§ 22.1-199.6. Expired.

Editor’s note.

This section was enacted by Acts 2016, c. 738 establishing the Mixed-Delivery Preschool Fund and Grant Program. It expired July 1, 2019, pursuant to Acts 2016, c. 738, cl. 3.

§ 22.1-199.7. Community schools.

  1. In order to remove nonacademic barriers to learning as a means to enhance student academic success in public elementary and secondary schools throughout the Commonwealth, the Department of Education shall establish an interagency task force composed of state and local agencies and entities in the areas of early childhood development, health, social services, community engagement, family engagement, higher education, communities in schools, and workforce development for the purpose of (i) developing a program for the establishment of community schools whereby public elementary and secondary schools serve as centers for the provision of such community programs and services to students and their families as may be necessary on the basis of unique needs of the student population to be served and (ii) developing and providing to the Governor, the Secretary of Education, local school boards, and other interested state, local, and private entities policy recommendations relating to the coordinated delivery of community services to students and their families and the operation of community schools throughout the Commonwealth in accordance with the Virginia Community School Framework.
  2. The community schools program established pursuant to subsection A shall include a process by which school boards and community partnerships consisting of school boards and other community and service providers may apply to the Department of Education to designate an elementary or secondary school in the local school division as a community school. The application process shall include requirements for applicants to provide a plan for the sustainability of the community school and for the measurement of the success and effectiveness of the community school. The Department of Education shall consult with the interagency task force established pursuant to subsection A in the selection of applications and the designation of community schools.

History. 2020, c. 872.

Editor’s note.

Acts 2020, c. 872, cl. 2 provides: “In implementing the provisions of this act, the Department of Education (the Department) shall adhere to its recommendations as published in the Virginia Community School Framework in October 2019, subject to any further research, development, modification of, or addition to such recommendations by the Department.”

§ 22.1-200. Subjects taught in elementary grades.

  1. In the elementary grades of every public school the following subjects shall be taught: Spelling, reading, writing, arithmetic, grammar, geography, health and physical education, drawing, civil government, history of the United States and history of Virginia.
  2. Physical education shall include activities such as, but not limited to, cardiovascular, muscle building, or stretching exercises, as appropriate.

History. Code 1950, § 22-233; 1980, c. 559; 2005, c. 350.

The 2005 amendments.

The 2005 amendment by c. 350 inserted the A designation at the beginning of the first paragraph and added subsection B.

§ 22.1-200.01. Alternatives to animal dissection.

Local school divisions shall provide students with alternatives to animal dissection techniques within the relevant public school curriculum or course. The Board of Education shall establish guidelines to be implemented by local school divisions regarding such alternative dissection techniques. Such guidelines shall address, but shall not be limited to, (i) the use of detailed models of animal anatomy and computer simulations as alternatives to dissection; (ii) notification of students and parents of the option to decline to participate in animal dissection; and (iii) such other issues as the Board deems appropriate.

History. 2004, c. 918.

§ 22.1-200.02. Repealed by Acts 2005, c. 741, cl. 2.

Editor’s note.

Former § 22.1-200.02, relating to certain mathematics and finance objectives, was enacted by Acts 2004, cc. 939, 955.

§ 22.1-200.03. Economics education and financial literacy required in middle and high school grades; Board of Education to establish objectives for economic education and financial literacy; banking-at-school programs.

  1. Instruction in the principles of the American economic system shall be required in the public middle and high schools of the Commonwealth to promote economics education and financial literacy of students and to further the development of knowledge, skills, and attitudes needed for responsible citizenship in a constitutional democracy.
  2. The Board of Education shall develop and approve objectives for economics education and financial literacy at the middle and high school levels, that shall be required of all students, and shall provide for the systematic infusion of economic principles in the relevant Standards of Learning, and in career and technical education programs. The objectives shall include personal living and finances; personal and business money management skills; opening an account in a financial institution and judging the quality of a financial institution’s services; balancing a checkbook; completing a loan application; the implications of and differences between various employment arrangements with regard to benefits, protections, and long-term financial sustainability; the implications of an inheritance; the basics of personal insurance policies; consumer rights and responsibilities; dealing with salesmen and merchants; debt management; managing retail and credit card debt; evaluating the economic value of postsecondary studies, including the net cost of attendance, potential student loan debt, and potential earnings; state and federal tax computation; local tax assessments; computation of interest rates by various mechanisms; understanding simple contracts; and learning how to contest an incorrect bill.
  3. To facilitate the objectives of economics education and financial literacy through practical experiences, the Department shall confer with the State Corporation Commission’s Bureau of Financial Institutions, and financial and relevant professional organizations in the development of guidelines for such literacy objectives. The guidelines shall include (i) rules and policies governing the establishment, operation, and dissolution of school banks and school credit unions; (ii) written agreements between partnering public schools and financial institutions, including the disposition of funds donated or other financial contributions provided by the partnering financial institution; and (iii) such other matters as the Department may deem appropriate.
  4. The Board shall not be required to evaluate student achievement concerning economics education and financial literacy objectives in the Standards of Learning assessments required by § 22.1-253.13:3.
  5. For the purposes of this section :“At -risk and disadvantaged students” means students having socioeconomic or cultural risk factors that research indicates may negatively influence academic achievement or may hinder an individual in reaching his life goals.“Employment arrangements” means full-time employment, part-time employment, independent contract work, gig work, piece work, contingent work, day labor work, freelance work, and 1099 work.“Financial institution” means a bank, savings and loan association, savings bank, or credit union authorized to conduct business in the Commonwealth.“High school” includes grades nine through 12.“Middle school” includes grades six through eight.

History. 2005, c. 741; 2017, c. 522; 2021, Sp. Sess. I, c. 25.

Editor’s note.

Acts 2017, c. 522, cl. 2 provides: “That the Board of Education shall amend its objectives for economics education and financial literacy at the middle and high school levels to include the provisions required by this act by July 1, 2018.”

The 2017 amendments.

The 2017 amendment by c. 522, in subsection A, substituted “Instruction” for “By July 1, 2006, instruction”; in subsection B, deleted “but not be limited to” following “The objectives shall” and inserted “evaluating the economic value of postsecondary studies, including the net cost of attendance, potential student loan debt, and potential earnings”; and in subsection C, deleted “but not be limited to” following “The guidelines shall.”

The 2021 Sp. Sess. I amendments.

The 2021 amendments by Sp. Sess. I, c. 25, effective July 1, 2021, in subsection B, inserted “the implications of and differences between various employment arrangements with regard to benefits, protections, and long-term financial sustainability” in the second sentence of subsection B; and in subsection E, added the definition for “Employment arrangements” and made stylistic changes.

§ 22.1-200.1. Optional education programs for kindergarten through grade five.

In lieu of §§ 22.1-277, 22.1-277.07, and 22.1-277.08, a school board may establish optional age-appropriate education programs for young students in grades kindergarten through five who require guidance, supervision, and discipline in a structured learning environment and who need to be redirected toward appropriate classroom decorum and acceptable personal behavior. The programs shall provide instructional and support services that will enable students to maintain academic achievement, attain basic skills and academic proficiencies, and otherwise benefit from a public education during the time that they may be removed from the regular classroom. The programs shall also be designed to accommodate students within the school building to which they have been assigned, facilitate the efficient transition of students between the optional education program and their regular classroom, and provide for the continuity of instruction, a nurturing environment, necessary guidance and supervision, and the participation of the student’s parents in correcting his behavior. Such programs shall be adequately staffed by licensed teachers or other persons with demonstrated qualifications to instruct and manage students with a range of academic gifts and deficiencies, disciplinary problems, and the need to develop and use appropriate social skills.

History. 2001, c. 846.

Law Review.

For article, “Legal Issues Involving Children,” see 35 U. Rich. L. Rev. 741 (2001).

§ 22.1-200.2. Minimum instructional time; optional unstructured recreational time.

  1. Local school boards shall provide (i) a minimum of 680 hours of instructional time to students in elementary school, except for students in half-day kindergarten, in the four academic disciplines of English, mathematics, science, and history and social science and (ii) a minimum of 375 hours of instructional time to students in half-day kindergarten in the four academic disciplines of English, mathematics, science, and history and social science.
  2. Local school boards may include and the Board of Education shall accept, for elementary school, unstructured recreational time that is intended to develop teamwork, social skills, and overall physical fitness in any calculation of total instructional time or teaching hours, provided that such unstructured recreational time does not exceed 15 percent of total instructional time or teaching hours.

History. 2018, cc. 784, 785.

Editor’s note.

Acts 2018, cc. 784 and 785 were codified as this section at the direction of the Virginia Code Commission.

§ 22.1-201. Study of documents of Virginia history and United States Constitution.

To increase knowledge of citizens’ rights and responsibilities thereunder and to enhance the understanding of Virginia’s unique role in the history of the United States, the Declaration of American Independence, the general principles of the Constitution of the United States, including the Bill of Rights, the Virginia Statute of Religious Freedom, the charters of the Virginia Company of April 10, 1606, May 23, 1609, and March 12, 1612, and the Virginia Declaration of Rights shall be thoroughly explained and taught by teachers to pupils in public elementary, middle, and high schools. Emphasis shall be given to the relationship between these documents and Virginia history and to citizenship responsibilities inherent in the rights included in these documents. Each teacher shall ensure that all supplementary written materials that he uses to teach these documents contain accurate restatements of the principles contained in such documents. Written examinations as to each of such documents shall be given.

The Department of Education shall develop guidelines for supplementary written materials that teachers use to teach the Declaration of American Independence, the general principles of the Constitution of the United States, including the Bill of Rights, the Virginia Statute of Religious Freedom, the charters of the Virginia Company of April 10, 1606, May 23, 1609, and March 12, 1612, and the Virginia Declaration of Rights.

History. Code 1950, § 22-234; 1971, Ex. Sess., c. 69; 1980, c. 559; 1982, c. 354; 1991, c. 178; 1994, c. 693; 1999, c. 559; 2000, c. 504; 2014, c. 647.

Editor’s note.

Acts 1994, c. 693, cl. 2, which provided for the expiration of the 1994 amendment by c. 693 to this section on July 1, 1995, was repealed by Acts 1995, c. 425, cl. 1.

Acts 2014, c. 647, cl. 2 was codified as the second paragraph in § 22.1-201 at the direction of the Virginia Code Commission.

The 1999 amendment inserted “including the Bill of Rights.”

The 2000 amendments.

The 2000 amendment by c. 504 added “To increase knowledge of citizens’ rights and responsibilities thereunder and to enhance the understanding of Virginia’s unique role in the history of the United States” at the beginning of the first sentence, and inserted “relationship between these documents and Virginia history, and to” in the second sentence.

The 2014 amendments.

The 2014 amendment by c. 647 inserted “of the Virginia Company” and deleted “of The Virginia Company” following “March 12, 1612” in the first sentence, added the third sentence, added the second paragraph and made a minor stylistic change.

§ 22.1-202. Instruction in history and principles of flags of United States and Virginia; pledge of allegiance to American flag; guidelines developed by the Board.

  1. Instruction in the history and principles of the flag of the United States and the flag of the Commonwealth shall be given in one or more grades in every school division. The instruction shall include the pledge of allegiance and the appropriate etiquette and conventions for respecting the dignity and appropriate display of such flags.In recognition of the civic heritage of the United States of America, all students shall be required to learn the Pledge of Allegiance and to demonstrate such knowledge.
  2. To promote compliance with constitutional restrictions as well as observance of constitutional rights, the Board of Education shall, in consultation with the Office of the Attorney General, develop guidelines on constitutional rights and restrictions relating to the recitation of the pledge of allegiance to the American flag in public schools.The Board’s guidelines shall include, but shall not be limited to, provisions which address the following: the initiative and involvement of local school boards, individual schools, administrators, teachers, and students; the propriety and constitutionality of any recitation or participation requirements; appropriate etiquette and conventions for respecting the dignity and appropriate display of the flag of the United States and the flag of the Commonwealth; and relevant state and federal constitutional concerns, such as freedom of speech and religion.These guidelines shall not be subject to the requirements of the Administrative Process Act (§ 2.2-4000 et seq.). However, to provide appropriate opportunity for involvement by the general public, teachers, and local school boards, the Board of Education shall conduct public hearings prior to establishing such guidelines. Thirty days prior to conducting such hearings, the Board shall give written notice by mail of the date, time, and place of the hearings to all local school boards and any other persons requesting to be notified of the hearings and publish notice of its intention to hold such hearings in the Virginia Register of Regulations. Interested parties shall be given reasonable opportunity to be heard and present information prior to the adoption of such guidelines.
  3. Each school board shall require the daily recitation of the Pledge of Allegiance in each classroom of the school division and shall ensure that the flag of the United States is in place in each such classroom. Each school board shall determine the appropriate time during the school day for the recitation of the Pledge. During such Pledge of Allegiance, students shall stand and recite the Pledge while facing the flag with their right hands over their hearts or in an appropriate salute if in uniform; however, no student shall be compelled to recite the Pledge if he, his parent or legal guardian objects on religious, philosophical or other grounds to his participating in this exercise. Students who are thus exempt from reciting the Pledge shall remain quietly standing or sitting at their desks while others recite the Pledge and shall make no display that disrupts or distracts others who are reciting the Pledge. School boards shall provide appropriate accommodations for students who are unable to comply with the procedures described herein due to disability.The school board’s code of conduct shall apply to disruptive behavior during the recitation of the Pledge in the same manner as provided for other circumstances of such behavior.
  4. The Office of the Attorney General shall intervene on behalf of local school boards and shall provide legal defense of the provisions of this section.

History. Code 1950, § 22-165; 1980, c. 559; 1996, cc. 122, 124; 1998, c. 128; 2001, c. 666.

Cross references.

As to exemptions, generally, to the Administrative Process Act, see § 2.2-4002 .

The 2001 amendments.

The 2001 amendment by c. 666 added the second paragraph of subsection A, and added subsections C and D.

Law Review.

For article, “Legal Issues Involving Children,” see 35 U. Rich. L. Rev. 741 (2001).

For 2003/2004 survey of education law, see 39 U. Rich. L. Rev. 183 (2004).

Michie’s Jurisprudence.

For related discussion, see 4C M.J. Constitutional Law, § 77.

CASE NOTES

Constitutionality. —

Subsection C of § 22.1-202, mandating the recitation of the pledge of allegiance in public schools, did not violate the Establishment Clause of U.S. Const. amend. I as applied to the father’s children because the school’s citizenship reward program considered a student’s recitation of the pledge as merely one element in determining whether the student received an award, the children were not psychologically coerced into accepting particular religious views authorized by the school nor were they punished by having to listen to others reciting the pledge. Myers v. Loudoun County Sch. Bd., 251 F. Supp. 2d 1262, 2003 U.S. Dist. LEXIS 10007 (E.D. Va. 2003), aff'd, 418 F.3d 395, 2005 U.S. App. LEXIS 16722 (4th Cir. 2005).

Establishment Clause works to bar sponsorship, financial support, and active involvement of the sovereign in religious activity; the Pledge of Allegiance, which is not a religious exercise, posed none of those harms and did not amount to an establishment of religion. Accordingly, subsection C, requiring daily, voluntary, recitation of the pledge in the classrooms of Virginia’s public schools was constitutional. Myers v. Loudoun County Pub. Schs, 418 F.3d 395, 2005 U.S. App. LEXIS 16722 (4th Cir. 2005).

§ 22.1-202.1. Comparative religion as elective course.

The Board of Education shall authorize local school boards to offer, as an elective in grades nine through 12 with appropriate credits toward graduation, a comparative religion class that focuses on the basic tenets, history, and religious observances and rites of world religions.

History. 2004, cc. 939, 955; 2006, cc. 90, 161.

Editor’s note.

Acts 2004, cc. 939 and 955, cl. 2 provides: “That no educational standard set forth in this act, for which state funding is required, shall take effect unless the state’s share of funding that standard is included in the 2004 Appropriation Act, passed during the 2004 Session of the General Assembly and signed by the Governor.” See Editor’s note under § 22.1-253.13:2 and Acts 2004, Sp. Sess. I, c. 4, Items 146 B 6 b and 146 C 2 j.

The 2006 amendments.

The 2006 amendments by cc. 90 and 161 are identical, and substituted “The Board of Education shall authorize local school boards to offer” for “Local school boards shall authorize.”

§ 22.1-203. Daily observance of one minute of silence.

In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the Commonwealth either to engage in, or to refrain from, religious observation on school grounds, the school board of each school division shall establish the daily observance of one minute of silence in each classroom of the division.

During such one-minute period of silence, the teacher responsible for each classroom shall take care that all pupils remain seated and silent and make no distracting display to the end that each pupil may, in the exercise of his or her individual choice, meditate, pray, or engage in any other silent activity which does not interfere with, distract, or impede other pupils in the like exercise of individual choice.

The Office of the Attorney General shall intervene and shall provide legal defense of this law.

History. Code 1950, § 22-234.1; 1976, c. 103; 1980, c. 559; 2000, c. 1022.

The 2000 amendments.

The 2000 amendment by c. 1022 substituted “shall” for “authorized to” near the end of the introductory language, and in the second paragraph substituted “During” for “Where” and deleted “is instituted” following “period of silence” near the beginning, and added the last paragraph.

Law Review.

For 2000 survey of Virginia law regarding children, see 34 U. Rich. L. Rev. 939 (2000).

For article, “Legal Issues Involving Children,” see 35 U. Rich. L. Rev. 741 (2001).

For article surveying developments in education law in Virginia, see 37 U. Rich. L. Rev. 89 (2002).

CASE NOTES

Constitutionality. —

In establishing a minute of silence during which students may choose to pray or to meditate in a silent and nonthreatening manner, Virginia has introduced at most a minor and nonintrusive accommodation of religion that does not establish religion, and this section is not, therefore, unconstitutional. Brown v. Gilmore, 258 F.3d 265, 2001 U.S. App. LEXIS 16623 (4th Cir.), cert. denied, 534 U.S. 996, 122 S. Ct. 465, 151 L. Ed. 2d 382, 2001 U.S. LEXIS 10022 (2001).

§ 22.1-203.1. Student-initiated prayer.

In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil not be subject to pressure from the Commonwealth either to engage in, or to refrain from, religious observation on school grounds, consistent with constitutional principles of freedom of religion and separation of church and state, students in the public schools may voluntarily engage in student-initiated prayer.

History. 1994, c. 799.

§ 22.1-203.2. Guidelines for constitutional compliance for student prayer.

To promote compliance with constitutional restrictions as well as observance of constitutional rights, the Board of Education shall, in consultation with the Office of the Attorney General, develop guidelines on constitutional rights and restrictions relating to prayer and other religious expression in the public schools. The Board’s guidelines shall include, but shall not be limited to, provisions that address the following: the initiative and involvement of local school boards, individual schools, administrators, teachers, and students; the use of school facilities and equipment, including audio systems, and class time for prayer or other religious expression; and relevant state and federal constitutional concerns, such as freedom of religion and speech and separation of church and state. These guidelines shall not be subject to the requirements of the Administrative Process Act (§ 2.2-4000 et seq.). However, in order to provide appropriate opportunity for input from the general public, teachers, and local school boards, the Board of Education shall conduct public hearings prior to establishing such guidelines. Thirty days prior to conducting such hearings, the Board shall give written notice by mail of the date, time, and place of the hearings to all local school boards and any other persons requesting to be notified of the hearings and publish notice of its intention to hold such hearings in the Virginia Register of Regulations. Interested parties shall be given reasonable opportunity to be heard and present information prior to the adoption of such guidelines.

History. 1994, c. 801, § 22.1-280.3; 2001, cc. 688, 820.

Cross references.

As to exemptions under the Administrative Process Act, see § 2.2-4002 .

§ 22.1-203.3. Religious viewpoint expression; student expression.

Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Home and classroom work shall be judged by ordinary academic standards of substance and relevance and other legitimate pedagogical concerns identified by the school.

History. 2008, c. 859.

§ 22.1-203.4. Public high schools; Virginia voter registration.

Each public high school shall provide to any enrolled student who is of voting age or is eligible to register to vote pursuant to § 24.2-403 (i) mail voter registration applications and voter registration information provided by the Department of Elections or (ii) access to the Virginia online voter registration system on a school-owned computing device that is accessible to such student. Each student who is eligible to register to vote shall be provided the opportunity to complete an application form during the normal course of the school day.

History. 2020, c. 612.

§ 22.1-204. Study of accident prevention.

In one or more of the elementary or secondary grades of every school division there shall be provided a course of study including elementary training in accident prevention, in proper conduct on streets and highways, in the operation of motor vehicles as required by the traffic laws of this Commonwealth, and in ways and means of preventing loss of lives and damage to property through preventable fires. Such course shall be required of every pupil completing the course of study in any such grade.

History. Code 1950, § 22-235; 1962, c. 482; 1966, c. 208; 1968, c. 433; 1980, c. 559; 1991, c. 178.

§ 22.1-204.1. Firearm safety education program.

Local school boards may provide firearm safety education programs for students in the elementary school grades. To assist local school boards electing to provide firearm safety education programs, the Board of Education shall establish curriculum guidelines for a standardized program of firearm safety education for the elementary school grades to promote the protection and safety of children enrolled in the public schools. The curriculum guidelines shall incorporate, among other principles of firearm safety, accident prevention and the rules upon which the Eddie Eagle Gunsafe Program offered by the National Rifle Association is based. Local school boards electing to provide firearm safety education shall offer instruction pursuant to the Board’s curriculum guidelines and shall integrate firearm safety education into appropriate subject areas, if feasible, to ensure that every elementary grade student completes the course of study in firearm safety education.

History. 2010, c. 859.

§ 22.1-204.2. Hunter safety education programs for students in grades seven through 12.

  1. Local school boards may provide after-school hunter safety education programs for students in the school division in grades seven through 12. Each student shall bear the cost of participating in such programs. Local school boards shall display information on its after-school hunter safety education programs in each school and distribute information to the parents of each student in the school division in grades seven through 12.
  2. The Department of Wildlife Resources shall establish a uniform curriculum for such hunter safety education programs. Each such program shall be taught by a hunter safety instructor certified pursuant to § 29.1-300.2 .

History. 2014, c. 560; 2020, c. 958.

The 2020 amendments.

The 2020 amendment by c. 958 substituted “Department of Wildlife Resources” for “Department of Game and Inland Fisheries” in subsection B, first sentence.

§ 22.1-205. Driver education programs.

  1. The Board of Education shall establish for the public school system a standardized program of driver education in the safe operation of motor vehicles. Such program shall consist of classroom training and behind-the-wheel driver training. However, any student who participates in such a program of driver education shall meet the academic requirements established by the Board, and no student in a course shall be permitted to operate a motor vehicle without a license or other document issued by the Department of Motor Vehicles under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, or the comparable law of another jurisdiction, authorizing the operation of a motor vehicle upon the highways.
    1. The driver education program shall include (i) instruction concerning (a) alcohol and drug abuse; (b) aggressive driving; (c) the dangers of distracted driving and speeding; (d) motorcycle awareness; (e) organ and tissue donor awareness; (f) fuel-efficient driving practices; and (g) traffic stops, including law-enforcement procedures for traffic stops, appropriate actions to be taken by drivers during traffic stops, and appropriate interactions with law-enforcement officers who initiate traffic stops, and (ii) an additional minimum 90-minute parent/student driver education component as part of the classroom portion of the driver education curriculum. However, no student who is (1) at least 18 years of age, (2) an emancipated minor, or (3) an unaccompanied minor who is not in the physical custody of his parent or guardian shall be required to participate in the parent/student driver education component.
    2. The parent/student driver education component shall be administered as part of the classroom portion of the driver education curriculum. In Planning District 8, the parent/student driver education component shall be administered in-person. Outside Planning District 8, the parent/student driver education component may be administered either in-person or online by a public school or a driver training school that is licensed as a computer-based driver education provider. The participation of the student’s parent or guardian in the parent/student driver education component shall be required in Planning District 8 unless the student is otherwise exempted from participation in the parent/student driver education component pursuant to the provisions of subdivision 1. Outside Planning District 8, the participation of the student’s parent or guardian in the parent/student driver education component shall be encouraged, but shall not be required. The program shall emphasize (i) parental responsibilities regarding juvenile driver behavior, (ii) juvenile driving restrictions pursuant to this Code, (iii) the dangers of driving while intoxicated and underage consumption of alcohol, and (iv) the dangers of distracted driving. Such instruction shall be developed by the Department in cooperation with the Virginia Alcohol Safety Action Program, the Department of Health, and the Department of Behavioral Health and Developmental Services, as appropriate. Nothing in this subdivision precludes any school division from including a program of parental involvement as part of a driver education program in addition to the minimum 90-minute parent/student driver education component.
    3. Any driver education program shall require a minimum number of miles driven during the behind-the-wheel driver training.
  2. The Board shall assist school divisions by preparation, publication and distribution of competent driver education instructional materials to ensure a more complete understanding of the responsibilities and duties of motor vehicle operators.
  3. Each school board shall determine whether to offer the program of driver education in the safe operation of motor vehicles and, if offered, whether such program shall be an elective or a required course. In addition to the fee approved by the Board of Education pursuant to the appropriation act that allows local school boards to charge a per pupil fee for behind-the-wheel driver education, the Board of Education may authorize a local school board’s request to assess a surcharge in order to further recover program costs that exceed state funds distributed through basic aid to school divisions offering driver education programs. Each school board may waive the fee or the surcharge in total or in part for those students it determines cannot pay the fee or surcharge. Only school divisions complying with the standardized program and regulations established by the Board of Education and the provisions of § 46.2-335 shall be entitled to participate in the distribution of state funds appropriated for driver education. Each school board shall make the 90-minute parent/student driver education component available to all students and their parents or guardians who are in compliance with § 22.1-254.
  4. The actual initial driving instruction shall be conducted, with motor vehicles equipped as may be required by regulation of the Board of Education, on private or public property removed from public highways if practicable; if impracticable, then, at the request of the school board, the Commissioner of Highways shall designate a suitable section of road near the school to be used for such instruction. Such section of road shall be marked with signs, which the Commissioner of Highways shall supply, giving notice of its use for driving instruction. Such signs shall be removed at the close of the instruction period. No vehicle other than those used for driver training shall be operated between such signs at a speed in excess of 25 miles per hour. Violation of this limit shall be a Class 4 misdemeanor.
  5. The Board of Education may, in its discretion, promulgate regulations for the use and certification of paraprofessionals as teaching assistants in the driver education programs of school divisions.
  6. The Board of Education shall approve correspondence courses for the classroom training component of driver education. These correspondence courses shall be consistent in quality with instructional programs developed by the Board for classroom training in the public schools. Students completing the correspondence courses for classroom training, who are eligible to take behind-the-wheel driver training, may receive behind-the-wheel driver training (i) from a public school, upon payment of the required fee, if the school division offers behind-the-wheel driver training and space is available, (ii) from a driver training school licensed by the Department of Motor Vehicles, or (iii) in the case of a home schooling parent or guardian instructing his own child who meets the requirements for home school instruction under § 22.1-254.1 or subdivision B 1 of § 22.1-254, from a behind-the-wheel training course approved by the Board. Nothing herein shall be construed to require any school division to provide behind-the-wheel driver training to nonpublic school students.

History. Code 1950, § 22-235.1; 1962, c. 482; 1966, c. 208; 1968, c. 433; 1974, c. 154; 1980, c. 559; 1988, c. 105; 1989, c. 392; 1998, c. 96; 1999, c. 928; 2000, cc. 82, 651; 2001, cc. 659, 665; 2002, cc. 177, 386; 2003, c. 951; 2007, c. 278; 2009, cc. 785, 813, 840; 2010, c. 663; 2011, c. 346; 2013, cc. 585, 646; 2017, c. 300; 2018, c. 521; 2020, cc. 1227, 1246; 2021, Sp. Sess. I, cc. 28, 74, 75; 2022, c. 708.

Cross references.

As to the punishment of Class 4 misdemeanors, see § 18.2-11 .

As to regulation of driver training schools, see § 46.2-1700 et seq.

Editor’s note.

Acts 2001, cc. 659 and 665, cl. 2 provides: “That the provisions of this act increasing the minimum age for applicants for Virginia driver’s licenses to sixteen years and three months shall not apply to applicants to whom Virginia learner’s permits were issued prior to July 1, 2001.”

Acts 2013, cc. 585 and 646, cl. 2 provides: “That the provisions of this act shall not be construed to invalidate any action taken or approval rendered by the Commonwealth Transportation Board prior to July 1, 2013, and that any and all actions taken and all approvals rendered by the Board prior to July 1, 2013, shall remain valid and in effect unless modified, superseded, or repealed by subsequent action of the Board.”

Acts 2017, c. 300, cl. 2 provides: “That the Board of Education shall collaborate with the Department of State Police to implement the provisions of this act.”

Acts 2020, cc. 1227 and 1246, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2021.”

Acts 2020, cc. 1227 and 1246, cl. 4 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

Acts 2020, c. 1289, Item 436 R, as added by Acts 2020, Sp. Sess. I, c. 56, effective for the biennium ending June 30, 2022, provides: “Notwithstanding any other provision of law, for the duration of a declared state of emergency and for up to 90 days after a declaration of a state of emergency has been rescinded or expires, the Commissioner may permit (1) Class B driver training schools and (2) computer-based driver education providers, as defined in § 46.2-1700 , to administer the end-of-course driver’s education test online subject to the requirements prescribed by the Commissioner. Notwithstanding any other provision of law, for the duration of a declared state of emergency and for up to 90 days after a declaration of a state of emergency has been rescinded or expires, the Commissioner may permit Class B driver training schools with a valid Virginia license to administer their in-class curriculum on an online platform subject to the requirements prescribed by the Commissioner. Notwithstanding the provisions of § 22.1-205, for the duration of a declared state of emergency and for up to 90 days after a declaration of a state of emergency has been rescinded or expires, the Commissioner may permit the parent/student driver education component of the driver’s education course to be administered online subject to the requirements prescribed by the Commissioner.”

Acts 2021, Sp. Sess. I, cc. 74 and 75, cl. 2 provides: “That the Board of Education shall emphasize the dangers of distracted driving and speeding in its Curriculum and Administrative Guide for Driver Education.”

The 1999 amendment added subsection F.

The 2000 amendments.

The 2000 amendments by cc. 82 and 651 are identical, and in the fourth sentence of subsection A, deleted “and” at the end of clause (i), inserted “and” at the end of clause (ii), and added clause (iii).

The 2001 amendments.

The 2001 amendments by cc. 659 and 665 are identical, and added the last sentence in subsection A.

The 2002 amendments.

The 2002 amendment by c. 177, in the fourth sentence of subsection A, added clause (iii) and redesignated present clause (iv).

The 2002 amendment by c. 386, in subsection A, added present clause (v) in the fourth sentence and, in the fifth sentence, inserted “the Department of Health” and added “as appropriate.”

The 2003 amendments.

The 2003 amendment by c. 951 substituted “25” for “twenty-five” in subsection D; and in subsection F, deleted “or” preceding clause (ii), inserted “or” following clause (ii), and inserted clause (iii).

The 2007 amendments.

The 2007 amendment by c. 278 inserted the present second and third sentences of subsection C.

The 2009 amendments.

The 2009 amendment by c. 785, in the fourth sentence of subsection A, added clause (vi) and made related changes.

The 2009 amendments by cc. 813 and 840 are identical, and substituted “Behavioral Health and Developmental” for “Mental Health, Mental Retardation and Substance Abuse” near the end of subsection A.

The 2010 amendments.

The 2010 amendment by c. 663 inserted A (vi), redesignated former A (vi) as A (vii), and made a related change.

The 2011 amendments.

The 2011 amendments by c. 346 inserted the second paragraph of subsection C.

The 2013 amendments.

The 2013 amendments by cc. 585 and 646 are identical, and substituted “Commissioner of Highways” for “Commonwealth Transportation Board” in the first and second sentences in subsection D.

The 2017 amendments.

The 2017 amendment by c. 300, in the fourth sentence of subsection A, inserted the clause (i) designation, redesignated former clauses (i) through (vi) as clauses (i)(a) through (f), inserted clause (i)(g), redesignated former clause (vii) as clause (ii); and deleted “included” preceding “as part of the in-classroom portion of the driver education curriculum.”

The 2018 amendments.

The 2018 amendment by c. 521, in subdivision A 1, substituted “1. The driver education program” for “The program,” substituted “an additional minimum 90-minute parent/student driver education component” for “for any student completing a driver education program beginning in academic year 2010-2011, an additional minimum 90-minute parent/student driver education component as part of the in-classroom portion of the driver education curriculum, requiring,” and added the last sentence; in subdivision A 2, inserted the first three sentences and “For students in Planning District 8 and those students in school divisions that offer the parent/student component” and “shall be required” in the fourth sentence and added the last sentence; and in subdivision A 3, substituted “3. Any driver education” for “Such” at the beginning; and made stylistic changes.

The 2020 amendments.

The 2020 amendments by cc. 1227 and 1246, effective January 1, 2021, are identical, and in subsection A, substituted “other document” for “permit to do so” and added “under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, or the comparable law of another jurisdiction, authorizing the operation of a motor vehicle upon the highways.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 28, effective July 1, 2021, added the last sentence in subdivision A 1; and in subdivision A 2, substituted “driver education component who are not otherwise exempted from participation in the parent/student driver education component pursuant to the provisions of subdivision 1” for “component” in the fourth sentence.

The 2021 amendments by Sp. Sess. I, cc. 74 and 75, effective July 1, 2021, are identical, and in subdivision A 1 (c), inserted “the dangers of” at the beginning and added “and speeding” at the end.

The 2022 amendments.

The 2022 amendment by c. 708, rewrote clause (ii) of subdivision A 1, which read: “in Planning District 8, an additional minimum 90-minute parent/ostudent driver education component. The additional parent/ostudent driver education component may be provided to students outside Planning District 8, at the discretion of each local school board. However, in any school division in which the parent/ostudent driver education component is required, no student who is (1) at least 18 years of age, (2) an emancipated minor, or (3) an unaccompanied minor who is not in the physical custody of his parent or guardian shall be required to participate in such component.”; in subdivision A 2, rewrote the third sentence, which read: “Outside Planning District 8, the parent/ostudent driver education component may be administered either in-person or online by a public school or driver training schools that are licensed as computer-based driver education providers.”, rewrote the fourth sentence, which read: “For students in Planning District 8 and those students in school divisions that offer the parent/ostudent driver education component who are not otherwise exempted from participation in the parent/ostudent driver education component pursuant to the provisions of subdivision 1, the participation of the student’s parent or guardian shall be required, and the program shall emphasize (i) parental responsibilities regarding juvenile driver behavior, (ii) juvenile driving restrictions pursuant to the Code of Virginia, and, (iii) the dangers of driving while intoxicated and underage consumption of alcohol.”, and in the last sentence, deleted “outside Planning District 8” following “division” and deleted “or as an alternative to” following “addition”; substituted “Each school board” for “School boards in Planning District 8” in the last paragraph of subsection C; and made stylistic changes.

§ 22.1-205.1. High school student parking passes; valid driver’s license required.

Each public high school shall require any student who applies to obtain a pass to park a vehicle on school property to provide evidence that the student possesses a valid driver’s license or driver privilege card. The Department shall develop, and each public high school shall utilize, a standard application form for students to use to obtain a pass to park a vehicle on school property.

History. 2021, Sp. Sess. I, cc. 74, 75.

Effective date.

This section is effective July 1, 2021.

§ 22.1-206. Instruction concerning drugs, alcohol, substance abuse, tobacco and nicotine products, and gambling.

  1. Instruction concerning drugs and drug abuse shall be provided by the public schools as prescribed by the Board of Education.
  2. Instruction concerning the public safety hazards and dangers of alcohol abuse, underage drinking, and drunk driving shall be provided in the public schools. The Virginia Alcoholic Beverage Control Authority shall provide educational materials to the Department of Education. The Department of Education shall review and shall distribute such materials as are approved to the public schools.
  3. The Virginia Foundation for Healthy Youth shall develop and the Department of Education shall distribute to each local school division educational materials concerning the health and safety risks of using tobacco products, nicotine vapor products, and alternative nicotine products, as such terms are defined in § 18.2-371.2 . Instruction concerning the health and safety risks of using tobacco products, nicotine vapor products, and alternative nicotine products, as such terms are defined in § 18.2-371.2 , shall be provided in each public elementary and secondary school in the Commonwealth, consistent with such educational materials.
  4. Instruction concerning gambling and the addictive potential thereof shall be provided by the public schools as prescribed by the Board.

History. Code 1950, § 22-235.1; 1972, c. 248; 1980, c. 559; 2001, c. 452; 2015, cc. 38, 730; 2019, c. 577; 2022, c. 192.

Editor’s note.

Acts 2015, cc. 38 and 730, cl. 4, as amended by Acts 2017, cc. 698 and 707, cl. 2 provides: “That the provisions of this act shall become effective on January 15, 2018, except that the provisions of the (i) thirteenth, fourteenth, and fifteenth enactments of this act shall become effective on July 1, 2015; (ii) third enactment of this act shall become effective on July 1, 2018; and (iii) eleventh enactment of this act shall become effective on January 1, 2019.”

Acts 2022, c. 192, cl. 2 provides: “That the Board of Education shall report to the Chairmen of House Committee on Education and the Senate Committee on Education and Health a description of the instruction concerning gambling and the addictive potential thereof that it prescribes pursuant to subsection D of § 22.1-206 of the Code of Virginia, as amended by this act.”

The 2001 amendments.

The 2001 amendment by c. 452 added the subsection A designator, and added subsection B.

The 2015 amendments.

The 2015 amendments by cc. 38 and 730 are identical, effective January 15, 2018, and substituted “Virginia Alcoholic Beverage Control Authority” for “Department of Alcoholic Beverage Control” in the second sentence of subsection B.

The 2019 amendments.

The 2019 amendment by c. 577 added subsection C.

The 2022 amendments.

The 2022 amendment by c. 192 added subsection D.

Law Review.

For article, “Legal Issues Involving Children,” see 35 U. Rich. L. Rev. 741 (2001).

§ 22.1-206.1. Lyme disease; instructional resources and materials.

The Secretary of Education, in collaboration with the Secretary of Health and Human Resources and the Secretary of Natural and Historic Resources, shall develop instructional resources and materials to assist school boards and local and regional public libraries in establishing an education and awareness program to protect children from Lyme disease and other tick-borne infections. Such instructional resources and materials (i) shall be appropriate for individuals of school age; (ii) shall provide information on the identification of ticks, recommended procedures for safe tick removal, and best practices to provide protection from ticks; (iii) may include video productions, pamphlets, and demonstration programs to illustrate the sizes of various ticks, including sizes before and after each variety has become engorged, to assist with the identification of a tick and the reaction on the skin that may result from a tick bite; and (iv) shall be made available to school boards and local and regional public libraries upon request at no charge.

History. 2022, c. 303.

§ 22.1-206.2. Instruction concerning post-graduate opportunities for high school students.

  1. As used in this section, “institution of higher education” means each public institution of higher education and each private institution of higher education, as those terms are defined in § 23.1-100 .
  2. The Department shall collect and distribute to school boards and publicly post on its website information that assists high school students in making more informed decisions about their futures after graduating from high school and in doing so ensure that such students are aware of the costs and benefits of different educational and certificate programs. The Department shall annually collect and compile such information in consultation with the State Council of Higher Education for Virginia (the Council) and any other entity that can assist the Department with collecting and compiling such information and shall update its distribution materials accordingly each year. The Department shall post and distribute the information to school boards, with any relevant updates, no later than October 1 each year, and shall provide an annual update to the General Assembly on how such information was distributed. Each school board shall ensure that the information is readily available to each high school student and distributed to each high school student who expresses an interest in attending an institution of higher education or completing another training program described in this section. Information to be collected shall include:
    1. To the extent available from the Council or other entities or sources, the most in-demand occupations in the Commonwealth, including entry wages and common degree levels required or encouraged for entering such occupations, and lists of offerings at institutions of higher education that offer such programs.
    2. The average cost of institutions of higher education, set out by type of institution.
    3. The federal and state scholarship, merit, and need-based aid programs available to students for attending institutions of higher education.
    4. To the extent available from the Council or other entities or sources, the average monthly student loan payment and the average total amount of student loans for individuals who attend institutions of higher education, with such information distinguished by type of institution, to the extent that the Department and the Council can determine such information.