Va. Code Ann. § 22.1-319 — Virginia Code / Title 22.1 / Chapter 16 / Section 22.1-319
Definitions
Status: in_force

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

"Board" means the Virginia Board of Education.

"Department" means the Department of Education.

"Person" means any individual, group of individuals, partnership, association, business trust, corporation, or other business entity.

"School for students with disabilities" or "school" or "schools" means a privately owned and operated preschool, school, or educational organization, no matter how titled, maintained or conducting classes for the purpose of offering instruction for a consideration, profit, or tuition to persons determined to have autism, deaf-blindness, a developmental delay, hearing loss including deafness, intellectual disability, multiple disabilities, an orthopedic impairment, other health impairment, an emotional disturbance, a severe disability, a specific learning disability, a speech or language impairment, a traumatic brain injury, or a visual impairment including blindness.

"Superintendent" means the Superintendent of Public Instruction.

Code 1950, § 22-330.17; 1970, c. 665; 1972, c. 523; 1974, c. 303; 1977, c. 444; 1980, c. 559; 1988, c. 574; 1993, c. 351; 1996, cc. 691 , 832 ; 2004, c. 991 ; 2012, cc. 476 , 507 ; 2019, c. 288 .
Va. Code Ann. § 22.1-291.3 — Virginia Code / Title 22.1 / Chapter 15 / Article 1 / Section 22.1-291.3
Notice of duty to report child abuse or neglect
Status: in_force

Each public school board and each administrator of every private or parochial school shall post, in each of their schools, a notice, pursuant to § 63.2-1509 , that: (i) any teacher or other person employed in a public or private school who has reason to suspect that a child is an abused or neglected child, including any child who may be abandoned, is required to report such suspected cases of child abuse or neglect to local or state social services agencies or the person in charge of the relevant school or his designee; and (ii) all persons required to report cases of suspected child abuse or neglect are immune from civil or criminal liability or administrative penalty or sanction on account of such reports unless such person has acted in bad faith or with malicious purpose. The notice shall also include the Virginia Department of Social Services' toll-free child abuse and neglect hotline.

2004, cc. 710 , 752 .
Va. Code Ann. § 22.1-165 — Virginia Code / Title 22.1 / Chapter 11 / Section 22.1-165
Management and administration of moneys, etc., transferred from Literary Fund
Status: in_force

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.

Code 1950, § 22-29.5; 1962, c. 194; 1971, Ex. Sess., c. 1; 1980, c. 559; 1990, c. 909.
Va. Code Ann. § 22.1-79.4 — Virginia Code / Title 22.1 / Chapter 7 / Section 22.1-79.4
Threat assessment teams and oversight committees
Status: in_force

A. 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, and shall require, within existing annual training, specific education and training for threat assessment team members on the use of emergency substantial risk orders and substantial risk orders as set forth in Chapter 9.2 (§ 19.2-152.13 et seq.) of Title 19.2 to address the risk of harm to self or others posed by a student's access to a firearm.

B. 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.

C. 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. New threat assessment team members shall complete an initial threat assessment training and all threat assessment team members shall be required to complete refresher threat assessment training every three years. 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.

D. 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. The division superintendent or his designee shall provide, either in such initial attempt to notify the student's parent or legal guardian or through a separate communication to the student's parent or legal guardian made as soon as practicable thereafter, materials on recognition of and strategies for responding to behavior indicating that a student poses a threat of violence or physical harm to self or others that shall include information on the legal requirements set forth in § 19.2-152.13 relating to emergency substantial risk orders and § 18.2-56.2 relating to the safe storage of firearms in the presence of minors and that may include guidance on best practices and strategies for limiting a student's access to lethal means, including firearms and medications. Such materials shall be selected in accordance with the provisions of the criteria set forth in the guidelines required by subsection G. Nothing in this subsection shall preclude school division personnel from acting immediately to address an imminent threat.

E. 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.

F. 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.

G. The Board, in cooperation with the Department of Behavioral Health and Developmental Services and the Department of Health, shall develop guidelines for the provision of materials on recognition of and strategies for responding to behavior indicating that a student poses a threat of violence or physical harm to self or others required pursuant to subsection D. Such guidelines shall include criteria for selecting such materials as well as materials that have been preapproved for such use by the Board.

2013, c. 710 ; 2014, cc. 7 , 158 ; 2016, c. 554 ; 2019, cc. 39 , 456 ; 2022, c. 769 ; 2023, c. 295 ; 2025, c. 500 ; 2026, c. 46 .
Va. Code Ann. § 22.1-279.6:1 — Virginia Code / Title 22.1 / Chapter 14 / Article 3 / Section 22.1-279.6:1
Private elementary and secondary schools; codes of student conduct; bullying prevention and intervention; requirements
Status: in_force

A. Each principal, headmaster, or other chief administrator of each private elementary or secondary school in the Commonwealth shall include in such school's policies for codes of student conduct procedures for addressing and handling instances of bullying and cyberbullying. Such policies and procedures shall (i) be consistent with applicable state, federal, and case law; (ii) include policies and procedures relating to ensuring school personnel are trained in or informed of the appropriate management of student conduct and student offenses that violate school policies; and (iii) include policies designed to reduce bias and harassment in the enforcement of any code of student conduct. Such policies may be developed in accordance with the guidelines and model policies established by the Board pursuant to subsection A of § 22.1-279.6 .

B. Each principal, headmaster, or other chief administrator of each private elementary or secondary school in the Commonwealth shall include in such school's code of student conduct policies and procedures that include a prohibition against bullying. Such policies and procedures shall, at a minimum, (i) require notification to the parent of any student involved in a confirmed incident of bullying within 24 hours of confirming the incident of bullying; (ii) include prohibitions against and procedures for addressing instances of cyberbullying that occur between students enrolled in such school; (iii) provide protections designed to ensure that any student who is a victim of or a witness to bullying or cyberbullying is not deterred from reporting or seeking support by fear of retaliation; and (iv) include prohibitions against hazing, as that term is defined in § 18.2-56 . Nothing in this section shall be construed to preclude a private elementary or secondary school in the Commonwealth from adopting policies and procedures that are more comprehensive than the policies and procedures required pursuant to this section.

2026, cc. 236 , 237 .
Va. Code Ann. § 22.1-183 — Virginia Code / Title 22.1 / Chapter 12 / Article 1 / Section 22.1-183
When warning lights and identification to be covered
Status: in_force

It is unlawful for a school bus licensed in the Commonwealth to be operated on the public highways of the Commonwealth for the purpose of transporting persons or commodities other than school personnel, school children, elderly individuals, or individuals with mental or physical disabilities 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.

Code 1950, §§ 22-151.2, 22-280.1; 1973, c. 368; 1975, c. 633; 1980, c. 559; 2023, cc. 148 , 149 .
Va. Code Ann. § 22.1-70 — Virginia Code / Title 22.1 / Chapter 6 / Section 22.1-70
Powers and duties of superintendent generally
Status: in_force

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

Code 1950, § 22-36; 1980, c. 559.
Va. Code Ann. § 22.1-78 — Virginia Code / Title 22.1 / Chapter 7 / Section 22.1-78
Bylaws and regulations
Status: in_force

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.

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.
Va. Code Ann. § 22.1-79.10 — Virginia Code / Title 22.1 / Chapter 7 / Section 22.1-79.10
Participation in SAT School Day program required; student participation
Status: in_force

Each school board shall:

1. Participate in the SAT School Day program (the program) or any similar program offered by the College Board whereby high school students are permitted to take the SAT during regular school hours at the high school at which they are enrolled; and

2. Offer each high school student in the school division the opportunity to take the SAT pursuant to the program at least once during the student's junior or senior year, in either the fall testing window or the spring testing window at the public high school at which the student is enrolled, provided that (i) no such student shall be required to participate in the program and (ii) if the school board offers such opportunity during the fall testing window, the school board shall, to the extent feasible, align the day on which it offers such opportunity with the PSAT testing window and offer high school students in the school division the opportunity to take either the SAT or the PSAT, as applicable to such student, during regular school hours at the high school on the same school day.

2026, c. 388 .
Va. Code Ann. § 22.1-292.3 — Virginia Code / Title 22.1 / Chapter 15 / Article 1 / Section 22.1-292.3
License may not be suspended solely on the basis of default or delinquency in payment of federal-guaranteed or state-guaranteed education loan or scholarship
Status: in_force

The Board shall not be authorized to suspend or revoke the administrative or teaching license it has issued to any person who is in default or delinquent in the payment of a federal-guaranteed or state-guaranteed educational loan or work-conditional scholarship solely on the basis of such default or delinquency.

2018, cc. 170 , 381 .
Va. Code Ann. § 22.1-55 — Virginia Code / Title 22.1 / Chapter 5 / Article 6 / Section 22.1-55
Compensation of members
Status: in_force

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.

Code 1950, § 22-100.6; 1954, c. 391; 1971, Ex. Sess., c. 161; 1980, c. 559.
Va. Code Ann. § 22.1-274.2:1 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-274.2:1
Grade nine and grade 10 health education Standards of Learning; severe allergic reaction awareness training
Status: in_force

The Board shall include in the Standards of Learning for health education for grade nine and grade 10 an in-person or online severe allergic reaction awareness training that includes the following content:

1. The definition of and distinction between normal allergic reaction and anaphylaxis;

2. Types of allergens, including common and less common allergens;

3. The signs and symptoms of normal allergic reaction and anaphylaxis;

4. Treatments for anaphylaxis; and

5. The proper response to suspected anaphylaxis, including notifying the nearest staff member trained to respond to anaphylaxis and administer epinephrine.

2024, c. 171 .
Va. Code Ann. § 22.1-111 — Virginia Code / Title 22.1 / Chapter 8 / Article 3 / Section 22.1-111
Trust funds
Status: in_force

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.

Code 1950, § 22-144; 1980, c. 559.
Va. Code Ann. § 22.1-175.9 — Virginia Code / Title 22.1 / Chapter 11.2 / Section 22.1-175.9
Funding
Status: in_force

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.

1999, c. 870 .
Va. Code Ann. § 22.1-196 — Virginia Code / Title 22.1 / Chapter 12 / Article 2 / Section 22.1-196
Lapsed insurance
Status: in_force

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.

Code 1950, § 22-292; 1980, c. 559.
Va. Code Ann. § 22.1-271.7 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-271.7
Public middle and high school student-athletes; preparticipation physical examination
Status: in_force

A. As used in this section, "Preparticipation Physical Evaluation form" means the most recent Preparticipation Physical Evaluation form developed jointly by the American Academy of Family Physicians, American Academy of Pediatrics, American College of Sports Medicine, American Medical Society for Sports Medicine, American Orthopaedic Society for Sports Medicine, and American Osteopathic Academy of Sports Medicine.

B. No public middle or high school student shall be a participant on or try out for any interscholastic athletic team or squad unless such student has submitted to the school principal a signed Preparticipation Physical Evaluation form from a licensed physician, a licensed advanced practice registered nurse practicing in accordance with the provisions of § 54.1-2957 , or a licensed physician assistant acting under the supervision of a licensed physician attesting that such student received a physical examination and was found to be physically fit for athletic competition no more than 14 calendar months prior to the date on which such report was signed.

C. No public middle or high school shall become a member of any organization or entity whose purpose it is to regulate or govern interscholastic programs that does not deem eligible for participation a student who has, pursuant to subsection B, submitted a signed Preparticipation Physical Evaluation form to the school principal attesting that such student received a physical examination and was found to be physically fit for athletic competition no more than 14 calendar months prior to the date on which such report was signed.

2016, c. 692 ; 2018, c. 776 ; 2023, c. 183 ; 2025, cc. 514 , 517 .
Va. Code Ann. § 22.1-305.2 — Virginia Code / Title 22.1 / Chapter 15 / Article 2.1 / Section 22.1-305.2
Advisory Board on Teacher Education and Licensure
Status: in_force

There is hereby established the Advisory Board on Teacher Education and Licensure (the Advisory Board), which shall consist of three legislative members to be appointed as follows: two members of the House of Delegates to be appointed by the Speaker of the House of Delegates, one member of the Senate to be appointed by the Senate Committee on Rules, and 21 nonlegislative citizen members to be appointed by the Board of Education. Ten nonlegislative citizen members of the Advisory Board shall be classroom teachers, with at least the following representation: three elementary school teachers, three middle school teachers, and three high school teachers. Three nonlegislative citizen members of the Advisory Board shall be school administrators, one of whom shall be a school principal, one of whom shall be a division superintendent, and one of whom shall be a school personnel administrator. Four nonlegislative citizen members of the Advisory Board shall be faculty members in teacher preparation programs in public or private institutions of higher education, who may represent the arts and sciences. One nonlegislative citizen member of the Advisory Board shall be a member of a school board. One nonlegislative citizen member of the Advisory Board shall be a member of a parent-teacher association. One nonlegislative citizen member of the Advisory Board shall be a representative of the business community, and one nonlegislative citizen member shall be a citizen at large. The Chancellor of the Virginia Community College System or his designee shall serve as an ex officio member of the Advisory Board. The Superintendent of Public Instruction or his designee and the Executive Director of the State Council of Higher Education for Virginia or his designee shall serve as nonvoting ex officio members of the Advisory Board.

The Superintendent of Public Instruction shall designate a staff liaison to coordinate the activities of the Advisory Board. The Advisory Board shall meet five times per year or upon the request of its chairman or the Board of Education. The Advisory Board shall annually elect a chairman from its membership. Nonlegislative citizen members are not entitled to compensation for their services. Legislative members of the Advisory Board shall be compensated as provided in § 30-19.12 . All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as members of the Advisory Board as provided in §§ 2.2-2813 and 2.2-2825 . The funding for the costs of compensation and expenses of the members shall be provided by the Department of Education.

The nonlegislative citizen members of the Advisory Board shall be appointed for three-year terms. Legislative members shall serve terms coincident with their terms of office. No person may be appointed to serve for more than two consecutive terms. Members shall hold office after expiration of their terms until their successors are duly appointed. Appointments to fill vacancies of members, other than by expiration of a term, shall be for the unexpired terms. Such vacancies shall be filled in the same manner as the original appointments.

The Advisory Board shall advise the Board of Education and submit recommendations on policies applicable to the qualifications, examination, licensure, and regulation of school personnel, including (i) revocation, suspension, denial, cancellation, reinstatement, and renewals of licensure; (ii) fees for processing applications; (iii) standards for the approval of preparation programs; (iv) reciprocal approval of preparation programs; (v) strategies for helping school divisions more effectively recruit and retain licensed teachers; and (vi) other related matters as the Board of Education may request or the Advisory Board may deem necessary. The final authority for licensure of school personnel shall remain with the Board of Education.

1990, c. 970; 1992, c. 132; 2014, c. 334 ; 2017, c. 331 ; 2019, c. 767 ; 2023, c. 748 ; 2025, c. 144 .
Va. Code Ann. § 22.1-212.6:1 — Virginia Code / Title 22.1 / Chapter 13 / Article 1.2 / Section 22.1-212.6:1
Applicability of other laws, regulations, policies, and procedures
Status: in_force

A. Public charter schools are subject to all federal laws and authorities as set forth in this article and the charter contract with the local school board.

B. Public charter schools are subject to the same civil rights, health, and safety requirements applicable to other public schools in the Commonwealth, except as otherwise provided in this article.

C. Public charter schools are subject to the student assessment and accountability requirements applicable to other public schools in the Commonwealth, but nothing in this article precludes a public charter school from establishing additional student assessment measures that go beyond state requirements if the school's authorizer approves such measures.

D. Management committees of public charter schools are subject to and shall comply with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

E. No public charter school shall discriminate against any individual on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancestry, or need for special education services or any other unlawful basis, and each public charter school shall be subject to any court-ordered desegregation plan in effect for the school division.

F. No public charter school shall discriminate against any student on the basis of limited proficiency in English, and each public charter school shall provide students who have limited proficiency in English with appropriate services designed to teach such students English and the general curriculum, consistent with federal civil rights laws.

G. No public charter school shall engage in any sectarian practices in its educational program, admissions or employment policies, or operations.

2016, c. 770 ; 2020, c. 1137 .
Va. Code Ann. § 22.1-254.01 — Virginia Code / Title 22.1 / Chapter 14 / Article 1 / Section 22.1-254.01
Certain students required to attend summer school or after-school sessions
Status: in_force

The division superintendent may seek immediate compliance with the compulsory school attendance law as set forth in § 22.1-254 after a reasonable effort to seek the student's attendance in the summer school program or after-school session has failed, including direct notification of the parents of such student of the attendance requirement and failure of the parents to secure the student's attendance, when:

1. A student is required to take a special program of prevention, intervention, or remediation in a public summer school program or to participate in another form of remediation as provided in subsection C of § 22.1-253.13:1 and in accordance with clause (ii) of subsection A of § 22.1-254 ; and

2. The division superintendent determines that remediation of the student's poor academic performance, passage of the Standards of Learning Assessment in grades three through eight, or promotion is related directly to the student's attendance in the summer school program or participation in another form of remediation.

1996, c. 163 ; 1997, cc. 466 , 828 ; 1998, cc. 602 , 627 , 902 ; 1999, cc. 488 , 552 ; 2006, cc. 41 , 834 .
Va. Code Ann. § 22.1-349.8 — Virginia Code / Title 22.1 / Chapter 19.1 / Section 22.1-349.8
College partnership laboratory school terms; renewals and revocations
Status: in_force

A. A college partnership laboratory school may be approved or renewed for a period not to exceed five school years. A college partnership laboratory school renewal application submitted to the Board shall contain:

1. A report on the progress of the school in achieving the goals, objectives, program and performance standards for students, and such other conditions and terms as the Board may require upon granting initial approval of the college partnership laboratory school application; and

2. A financial statement, on forms prescribed by the Board, that discloses the costs of administration, instruction, and other spending categories for the school and that has been concisely and clearly written to enable the Board and the public to compare such costs with those of other schools or comparable organizations.

B. The Board may revoke a contract if the college partnership laboratory school does any of the following or otherwise fails to comply with the provisions of this chapter:

1. Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the contract;

2. Fails to meet or make sufficient progress toward the performance expectations set forth in the contract;

3. Fails to meet generally accepted standards of fiscal management; or

4. Substantially violates any material provision of law from which the college partnership laboratory school was not exempted.

C. If the Board revokes or does not renew a college partnership laboratory school contract, it shall clearly state, in a resolution, the reasons for the revocation or nonrenewal.

2010, cc. 816 , 871 , § 23-299.7; 2016, c. 588 .
Va. Code Ann. § 22.1-28 — Virginia Code / Title 22.1 / Chapter 5 / Article 1 / Section 22.1-28
Supervision of schools in each division vested in school board
Status: in_force

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.

1980, c. 559.
Va. Code Ann. § 22.1-26 — Virginia Code / Title 22.1 / Chapter 4 / Section 22.1-26
Joint and regional schools; regional public charter schools
Status: in_force

A. 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 .

B. 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.

C. 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 .

D. 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.

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 .
Va. Code Ann. § 22.1-259 — Virginia Code / Title 22.1 / Chapter 14 / Article 1 / Section 22.1-259
Teachers to keep daily attendance records
Status: in_force

A teacher in every public school in the Commonwealth shall keep an accurate daily record of attendance of all children, both (i) at the beginning of the school day and (ii) if applicable, for each class period, in accordance with regulations prescribed by the Board. Such record shall, at all times, be open to any officer authorized to enforce the provisions of this article who may inspect or copy the same and shall be admissible in evidence in any prosecution for a violation of this article as prima facie evidence of the facts stated therein.

Code 1950, §§ 22-209, 22-275.15; 1959, Ex. Sess., c. 72; 1964, c. 119; 1968, c. 178; 1980, c. 559; 2025, c. 293 .
Va. Code Ann. § 22.1-138.1 — Virginia Code / Title 22.1 / Chapter 9 / Article 2 / Section 22.1-138.1
School maintenance program established
Status: in_force

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.

1998, c. 73 .
Va. Code Ann. § 22.1-140 — Virginia Code / Title 22.1 / Chapter 9 / Article 2 / Section 22.1-140
Plans for buildings to be approved by division superintendent
Status: in_force

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.

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 .
Va. Code Ann. § 22.1-208.2:2 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-208.2:2
Repealed
Status: repealed

Repealed by Acts 2011, c. 216 , cl. 2.
Va. Code Ann. § 22.1-145 — Virginia Code / Title 22.1 / Chapter 10 / Section 22.1-145
Investment of Fund
Status: in_force

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.

Code 1950, § 22-102; 1956, c. 184; 1971, Ex. Sess., c. 128; 1980, c. 559; 1985, c. 139.
Va. Code Ann. § 22.1-65 — Virginia Code / Title 22.1 / Chapter 6 / Section 22.1-65
Punishment of division superintendents
Status: in_force

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.

Code 1950, § 22-40; 1980, c. 559; 1990, c. 517.
Va. Code Ann. § 22.1-138.3 — Virginia Code / Title 22.1 / Chapter 9 / Article 2 / Section 22.1-138.3
Department; school division maintenance reserve tool
Status: in_force

A. 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.

B. 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.

2022, c. 650 ; 2022, Sp. Sess. I, cc. 8 , 9 .
Va. Code Ann. § 22.1-274.1 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-274.1
Criteria to identify toxic art materials; labeling; use in certain grades prohibited
Status: in_force

The State Department of Education, in cooperation with the State Department of Health, shall develop criteria to identify toxic art materials.

After these criteria have been developed, the Department of Education shall require school divisions to evaluate all art materials used in schools and identify those which are toxic. All materials used in the public schools which meet the criteria as toxic shall be so labeled and the use of such art materials shall be prohibited in kindergarten through grade five.

1987, c. 225; 1988, c. 103.
Va. Code Ann. § 22.1-204.4 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-204.4
High School Certified Nurse Aide Training and Certification Program; established; requirements; report
Status: in_force

A. As used in this section:

"Approved training program" means a program of instruction that meets the requirements of the Board of Nursing for certified nurse aide training programs and is offered to high school students in the Commonwealth by a public or nonpublic educational center that is approved by the Board, pursuant to this section, to provide such program of instruction to high school students.

"Certified nurse aide" or "CNA" means the same as that term is defined in § 54.1-3000 .

"Educational center" includes any comprehensive community college, public institution of higher education, career and technical education program or center, or other public or private educational institution in the Commonwealth.

"Program" means the High School Certified Nurse Aide Training and Certification Program established pursuant to this section.

"Qualified high school student" means any student who meets the eligibility requirements and prerequisites to participate in the Program, as established by the Board pursuant to subdivision D 3.

B. The High School Certified Nurse Aide Training and Certification Program is hereby established for the purpose of creating a pathway for qualified high school students to prepare for and obtain certification as a certified nurse aide in the Commonwealth by approving and supporting the establishment of approved training programs whereby any qualified high school student may participate in a program of instruction that prepares such students and leads to certification for employment as a CNA in accordance with the requirements of the Board of Nursing.

C. Each approved training program under this section shall be approved by the Board, in consultation with the Board of Nursing, and shall (i) be designed to prepare qualified high school students for certification as a CNA and meet the requirements of the Board of Nursing for any such training program; (ii) be taught by an individual who is qualified to provide such instruction, consistent with the requirements of the Board of Nursing and any requirements of the Board relating to employment to provide instruction to high school students; and (iii) prepare each participating qualified high school student to meet the requirements for and obtain certification as a CNA.

D. The Board shall administer the Program in collaboration with the Board of Nursing in accordance with the provisions of this section. In administering the Program, the Board, in collaboration with the Board of Nursing, shall develop policies and procedures for the administration of the Program, including policies and procedures:

1. For approving and supporting approved training programs for qualified high school students in the Commonwealth;

2. Relating to the qualifications and requirements any individual shall be required to meet in order to provide instruction in such approved training programs;

3. Establishing eligibility requirements and prerequisites for a high school student to be qualified to participate in the Program; and

4. For the oversight of approved training programs operating under the Program, including policies requiring each approved training Program to annually submit to the Board a report detailing (i) the number of qualified high school students that year who (a) enrolled in the program of instruction through the Program that school year; (b) successfully completed such program of instruction; and (c) upon completion, passed the examination for and successfully received certification as a CNA and (ii) such other information as the Board deems necessary to ensure effective administration and oversight of the Program.

E. The Board shall submit to the Chairs of the Senate Committee on Education and Health and the House Committee on Education by November 1 of each year a report on the activities of the Program for the preceding year which shall include (i) data compiled from the reports submitted by each approved training program pursuant to subdivision D 4; (ii) to the extent feasible, data relating to the employment of students who successfully obtained certification as a CNA through the Program, including the number of students who successfully obtained employment as a CNA in the Commonwealth within a year of earning such certification; and (iii) recommendations for the improvement and expansion of the Program, including any recommendations relating to funding needs.

2026, c. 389 .
Va. Code Ann. § 22.1-4.4 — Virginia Code / Title 22.1 / Chapter 1 / Section 22.1-4.4
(Effective July 1, 2027) School board policies; communication and language accessibility for limited English proficient parents
Status: in_force

A. As used in this section:

"Language assistance services" means oral interpretation and written translation services that are provided in an accurate, timely, and effective manner to an LEP parent, at no cost to the LEP parent.

"Limited English proficient parent" or "LEP parent" means an individual (i) who is the parent of a student enrolled or preparing to enroll in a public elementary or secondary school; (ii) who either (a) was not born in the United States or whose native language is a language other than English; (b) is a Native American or Alaska Native or a native resident of one of the outlying areas of the United States and who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or (c) is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (iii) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the opportunity to participate fully in society, including to deny the individual the opportunity to participate fully in decisions relating to his child's education or to effectively communicate with the school about his child's education.

"Native language," with respect to an LEP parent, means the language normally used by such individual.

"Vital documents" means documents that (i) create or define legally enforceable rights or obligations, (ii) solicit information necessary to establish or maintain eligibility for educational programs or services, or (iii) are necessary for a parent to make informed decisions relating to his child's education. "Vital documents" includes enrollment forms, disciplinary notices, student codes of conduct, individualized education program documents, and information relating to rights of appeal.

B. Each school board shall develop, implement, and post in a publicly accessible location on its website a language access plan consisting of policies and procedures designed to ensure meaningful communication with and informational accessibility for LEP parents, in a language understandable to such LEP parents. Such language access plan shall include policies and procedures for:

1. Ensuring LEP parents are notified as adequately as non-LEP parents of any essential information about any program, service, or activity provided or sponsored by the Board, the school board, or a public school within the applicable school division, including information relating to (i) language assistance programs; (ii) special education and related services; (iii) IEP meetings; (iv) grievance procedures; (v) notices of nondiscrimination; (vi) student discipline policies and procedures; (vii) registration and enrollment; (viii) report cards; (ix) requests for parental permission for student participation in division or school activities; (x) parent teacher conferences; (xi) parent handbooks; and (xii) any available courses of instruction or academic program options, including gifted and talented programs and magnet and charter schools;

2. Identifying each LEP parent at the enrollment of such parent's child, or as soon as possible thereafter, and determining and maintaining records of the language needs and preferred language for communication of each identified LEP parent;

3. Providing to each LEP parent language assistance services to ensure meaningful access to all school and school division-level communications, including relevant meetings, notices, and electronic communications, which shall (i) include providing, in situations where written translation into a language understandable or preferred by an LEP parent is not feasible or immediate communication is necessary, oral interpretation services for an LEP parent in a language understandable to or preferred by such LEP parent; (ii) be provided by the school board and at no cost to the LEP parent; and (iii) be provided in an accurate, timely, and efficient manner to ensure no LEP parent is required to rely on the student or any of the parent's other children, family members, or untrained school board employees to interpret or translate for education-related purposes. In providing language assistance services pursuant to this subdivision, each school board may use, when necessary to ensure meaningful access to all school and school division-level communications, research-based language access technology, including digital platforms and remote interpretation tools, provided that any such research-based language access technology is accurate, utilized in a timely and effective manner, if deemed appropriate by the school board, and supplemented by qualified human interpretation;

4. Translating all vital documents into the languages most commonly spoken by the LEP parents in the school division, as determined annually based on each LEP parent identified and the language needs and preferences of each LEP parent identified pursuant to subdivision 2;

5. Providing training to all school board employees whose duties, as determined by the school board, are relevant to or involve communication with LEP parents on the requirements of this section with respect to LEP parents and the processes and procedures for obtaining interpretation or translation services in accordance with this section; and

6. Posting in a prominent and publicly accessible location on such school board's website information relating to language and communication accessibility for LEP parents, including information on the rights of LEP parents, the corresponding obligations of the school board to LEP parents under this section, and any language assistance services available to LEP parents under this section and clear, easily understandable instructions for accessing such language assistance services.

C. In implementing the language access plan pursuant to subsection B, each school board may fulfill the requirements and provide the services required pursuant to subsection B through contracts, cooperative procurement agreements, or statewide or regional service arrangements, including telephonic or video remote interpretation and centralized translation services. Each school board shall provide language assistance services required pursuant to subsection B in a manner consistent with the Standards of Quality but shall be afforded discretion in selecting cost-effective service delivery models that meet the specific needs of the limited English proficient population in its school division.

2026, cc. 764 , 765 .
Va. Code Ann. § 22.1-227.2 — Virginia Code / Title 22.1 / Chapter 13 / Article 4 / Section 22.1-227.2
Biennial review of career and technical education courses, pathways, and credentials; report
Status: in_force

A. The Board of Education and the Virginia Board of Workforce Development, with the assistance of the Department of Workforce Development and Advancement, the Virginia Office of Education Economics, the Department of Education, the Virginia Community College System, and the State Council of Higher Education for Virginia, shall conduct a biennial review of all career and technical education courses, pathways, and credentials that are offered to public school students across the Commonwealth. In conducting such review, the Board of Education and the Virginia Board of Workforce Development shall:

1. Account for, review, and collect data on all career and technical education course, pathway, and credential offerings available to public school students (i) in the Commonwealth as a whole, (ii) in each individual public school, (iii) through any regional school or career and technical education center, (iv) in each local school division, and (v) in each Superintendent's region;

2. Consult with and incorporate input from employers, industry representatives, career and technical education student organizations, and other relevant stakeholders;

3. Assess the extent to which current career and technical education course, pathway, and credential offerings are aligned with industry needs and workforce demands, industry standards, and emerging trends in labor market needs;

4. Evaluate the effectiveness of current career and technical education course, pathway, and credential offerings in preparing students for gainful employment in a high-demand industry or field, enrollment in postsecondary education, or enlistment in the United States Armed Forces;

5. Identify gaps in current career and technical education course, pathway, and credential offerings and make recommendations on new or updates to existing course, pathway, or credential offerings based on current and emerging industry, workforce, and labor market needs, demands, and standards; and

6. Identify and approve any new career and technical education course, pathway, or credential offerings that were not identified during the review conducted in the immediately preceding biennium.

B. The Board of Education and the Virginia Board of Workforce Development shall develop and submit to the Secretary of Education, the Secretary of Labor, the Chair of the House Committee on Education, and the Chair of the Senate Committee on Education and Health by October 1 of each odd-numbered year a report on the biennial review conducted pursuant to subsection A. Such report shall include:

1. A summary of the findings of the review, including a list of all current career and technical education course, pathway, and credential offerings available to public school students (i) in the Commonwealth as a whole, (ii) in each individual public school, (iii) through any regional school or career and technical education center, (iv) in each local school division, and (v) in each Superintendent's region;

2. Recommendations for improvements, additions, or modifications to existing career and technical education course, pathway, and credential offerings in the Commonwealth;

3. Recommendations for facilitating and enhancing partnerships between local school divisions, education agencies and institutions, workforce development agencies and entities, and employers; and

4. A list of any new career and technical education course, pathway, or credential offerings identified and approved in accordance with subdivision A 6.

2026, c. 347 .
Va. Code Ann. § 22.1-204.3 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-204.3
Virginia Student Training Employment Pipeline for U.S. Procurement (STEP UP) Program established
Status: in_force

The Department, in collaboration with the State Council of Higher Education for Virginia, shall establish and administer the Virginia Student Training Employment Pipeline for U.S. Procurement (STEP UP) Program (the Program) for the purpose of facilitating opportunities for any student enrolled in the eleventh or twelfth grade at a public high school in the Commonwealth or enrolled at a comprehensive community college or historically black college or university in the Commonwealth to enter into an agreement with an entity located in the relevant local school division or region that has a procurement contract with the federal government whereby such entity agrees to provide assistance to the student to obtain, prior to graduation, any federal security clearance at the public trust or national security level and any other education, training, or credential that is necessary for the student to be prepared for employment with such entity upon graduation in exchange for a commitment from the student to accept and remain in such an employment position for an agreed-upon period of time after graduation. The Department, in consultation with the Virginia Community College System and the State Council of Higher Education for Virginia, shall establish such rules, policies, processes, and procedures as it deems necessary for the proper administration of the Program, including those relating to the facilitation of participation in the Program by qualifying students and entities.

2025, c. 288 .
Va. Code Ann. § 22.1-312 — Virginia Code / Title 22.1 / Chapter 15 / Article 3 / Section 22.1-312
Repealed
Status: repealed

Repealed by Acts 2013, cc. 588 and 650 , cl. 2.
Va. Code Ann. § 22.1-358 — Virginia Code / Title 22.1 / Chapter 23 / Section 22.1-358
Form of Compact
Status: in_force

The General Assembly hereby enacts, and the Commonwealth of Virginia hereby enters into, the Southern Regional Education Compact of 1950 with any and all states legally joining therein according to its terms agreed to in Senate Joint Resolution 22 (1950), as amended by the House Joint Resolution No. 28 (1956), in the form substantially as follows:

§ 1. Agreement.

In consideration of the mutual agreements, covenants and obligations assumed by the respective States who are parties to this compact (hereinafter referred to as States), the States do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting States which, for the purposes of this compact, shall constitute an area for regional education supported by public funds derived from taxation by the constituent States and derived from other sources for the establishment, acquisition, operation and maintenance of regional educational schools and institutions for the benefit of citizens of the respective States residing within the region so established as may be determined from time to time in accordance with the terms and provisions of this compact.

§ 2. Southern Regional Education Board established; membership; terms.

The States do further hereby establish and create a joint agency, which shall be known as the Board of Control for Southern Regional Education (hereinafter referred to as the Board). The members of the Board shall consist of the Governor of each State, ex officio, and four additional citizens of each State to be appointed by the Governor thereof, at least one of whom shall be selected from the field of education, and at least one of whom shall be a member of the Legislature of that State. The Governor shall continue as a member of the Board during his tenure of office as Governor of the State, but the members of the Board appointed by the Governor shall hold office for a period of four years following the initial staggering of terms. Vacancies on the Board caused by death, resignation, refusal or inability to serve, shall be filled by appointment by the Governor for the unexpired portion of the term.

§ 3. Officers and meetings.

The officers of the Board shall be a Chairman, a Vice-Chairman, a Secretary, a Treasurer, and such additional officers as may be created by the Board from time to time. The Board shall meet annually and officers shall be elected to hold office until the next annual meeting. The Board shall have the right to formulate and establish by-laws not inconsistent with the provisions of this compact to govern its own actions in the performance of the duties delegated to it including the right to create and appoint an Executive Committee and a Finance Committee with such powers and authority as the Board may delegate to them from time to time. The Board may, within its discretion, elect as its Chairman a person who is not a member of the Board, provided such person resides within a signatory State, and upon such election such person shall become a member of the Board with all the rights and privileges of such membership.

§ 4. Powers and duties.

It shall be the duty of the Board to submit plans and recommendations to the States from time to time for their approval and adoption by appropriate legislative action for the development, establishment, acquisition, operation and maintenance of educational schools and institutions within the geographical limits of the regional area of the States, of such character and type and for such educational purposes, professional, technological, scientific, literary, or otherwise, as they may deem and determine to be proper, necessary or advisable. Title to all such educational institutions when so established by appropriate legislative actions of the States and to all properties and facilities used in connection therewith shall be vested in the Board as the agency of and for the use and benefit of the States and the citizens thereof, and all such educational institutions shall be operated, maintained and financed in the manner herein set out, subject to any provisions or limitations which may be contained in the legislative acts of the States authorizing the creation, establishment and operation of such educational institutions.

In addition, the Board shall have the power to enter into such agreements or arrangements with any of the States and with educational institutions or agencies, as may be required in the judgment of the Board, to provide adequate services and facilities for the graduate, professional, and technical education for the benefit of the citizens of the respective States residing within the region, and such additional and general power and authority as may be vested in the Board from time to time by legislative enactment of the States.

§ 5. Supplemental agreements.

Any two or more States who are parties of the compact shall have the right to enter into supplemental agreements providing for the establishment, financing and operation of regional educational institutions for the benefit of citizens residing within an area that constitutes a portion of the general region created, such institutions to be financed exclusively by such States and to be controlled exclusively by the members of the Board representing such States provided such agreement is submitted to and approved by the Board prior to the establishment of such institutions.

§ 6. Funding.

Each State agrees that, when authorized by the legislature, it will from time to time make available and pay over to the Board such funds as may be required for the establishment, acquisition, operation and maintenance of such regional educational institutions as may be authorized by the States under the terms of this compact, the contribution of each State at all times to be in the proportion that its population bears to the total combined population of the States who are parties as shown from time to time by the most recent official published report of the Bureau of the Census of the United States of America; or upon such other basis as may be agreed upon.

§ 7. Effective date.

This compact shall not take effect or be binding upon any State unless and until it shall be approved by proper legislative action of as many as six or more of the States whose governors have subscribed to this compact within a period of 18 months from the subscribed date. When and if six or more States shall have given legislative approval to this compact within the 18-month period, it shall be and become binding upon the six or more States 60 days after the date of legislative approval by the sixth State and the governors of such six or more States shall name the members of the Board from their States, and the Board shall then meet on call of the governor of any State approving this compact, at which time the Board shall elect officers, adopt bylaws, appoint committees and otherwise fully organize. Other States whose names are subscribed to this compact shall thereafter become parties upon approval of this compact by legislative action within two years from the subscribed date, upon such conditions as may be agreed upon at the time. However, any State whose constitution may require amendment in order to permit legislative approval of the compact, shall become a party upon approval of this compact by legislative action within seven years from the subscribed date, upon such conditions as may be agreed upon at the time.

§ 8. Termination and withdrawal.

After becoming effective this compact shall thereafter continue until terminated by unanimous action of the States. A State may withdraw from this compact if such withdrawal is approved by its legislature. Such withdrawal shall become effective two years after written notice to the Board accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing State from its obligations accruing up to the effective date of such withdrawal. Any State so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the Board or to any of the funds of the Board held under the terms of this compact.

§ 9. Defaulting states.

If any State shall at any time become in default in the performance of any of its obligations assumed herein or with respect to any obligation imposed upon the State as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges and benefits of such defaulting State, its members on the Board and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one year immediately following the date of such default this compact may be terminated with respect to such defaulting State by an affirmative vote of three-fourths of the members of the Board (exclusive of the members representing the State in default), from and after which time such State shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the Board or to any of the funds of the Board held under the terms of this compact, but such termination shall in no manner release such defaulting State from any accrued obligation or otherwise affect this compact or the rights, duties, privileges or obligations of the remaining States.

2004, c. 1000 .
Va. Code Ann. § 22.1-29.1 — Virginia Code / Title 22.1 / Chapter 5 / Article 1 / Section 22.1-29.1
Public hearing before appointment of school board members
Status: in_force

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 seven 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.

1985, c. 423; 1987, c. 430; 2023, cc. 506 , 507 .
Va. Code Ann. § 22.1-200.3 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-200.3
Alternative instructional time models permitted
Status: in_force

The Board shall provide local school boards maximum flexibility to waive existing instructional clock hour requirements by developing alternative instructional time models in accordance with regulations adopted by the Board and Board guidelines related to instructional time waivers.

2024, c. 421 .
Va. Code Ann. § 22.1-318.1 — Virginia Code / Title 22.1 / Chapter 15 / Article 6 / Section 22.1-318.1
Strategic Compensation Grant Fund established
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Strategic Compensation Grant Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All funds as may be appropriated for this purpose and any gifts, donations, grants, bequests, and other funds as may be received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of awarding grants, pursuant to § 22.1-318.2 , on a competitive basis to any local school division. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Superintendent of Public Instruction.

2013, cc. 228 , 691 .
Va. Code Ann. § 22.1-209.1:4 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-209.1:4
Repealed
Status: repealed

Repealed by Acts 2000, c. 1059 , cl. 2, effective June 30, 2002.
Va. Code Ann. § 22.1-211 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-211
Operation of vacation schools and summer camps by school boards
Status: in_force

Any school board or any two or more school boards acting in conjunction may establish and operate or cause to be established and operated, for the benefit of persons of school age, vacation schools or camps for the advancement of education, physical training, health, nutrition, the prevention of communicable diseases, or for any other purpose deemed by such board or boards to be beneficial to persons of school age requiring special training or attention or which will promote the efficiency of their respective school systems.

Such school board or boards may expend such sum or sums as may be reasonable and requisite for such purposes or may provide such sum or sums and permit the proper use of any school property, under reasonable safeguards, for the establishment and operation of a vacation school or camp conducted under the auspices and supervision of any other governmental agency approved by such school board or boards, for the benefit of persons of school age within the jurisdiction of such board or boards. Such activity shall have been included in the estimate of money deemed to be needed for public schools for the year in which such expenditure is made.

The establishment and operation of such school or camp shall also be approved, as to conditions affecting sanitation and safety, by the health authorities having jurisdiction of the area in which such vacation school or camp is located and conducted. Any vacation school or camp operated by such school board or boards or any other local agency, department or board shall be available to persons of school age within the applicable jurisdiction on a nondiscriminatory basis regardless of whether they attend public or private schools.

Code 1950, § 22-55; 1959, Ex. Sess., c. 79, § 1; 1973, c. 101; 1980, c. 559; 1989, c. 277; 1995, c. 244 .
Va. Code Ann. § 22.1-274.2 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-274.2
Possession and administration of inhaled asthma medications, epinephrine, glucagon, and seizure rescue medications by certain students or school board employees
Status: in_force

A. Local school boards shall develop and implement policies permitting a student with a diagnosis of asthma or anaphylaxis, or both, to possess and self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be, during the school day, at school-sponsored activities, or while on a school bus or other school property. Such policies shall include, but not be limited to, provisions for:

1. Written consent of the parent, as defined in § 22.1-1 , of a student with a diagnosis of asthma or anaphylaxis, or both, that the student may self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be.

2. Written notice from the student's primary care provider or medical specialist, or a licensed physician or licensed advanced practice registered nurse, that (i) identifies the student; (ii) states that the student has a diagnosis of asthma or anaphylaxis, or both, and has approval to self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be, that have been prescribed or authorized for the student; (iii) specifies the name and dosage of the medication, the frequency in which it is to be administered and certain circumstances which may warrant the use of inhaled asthma medications or auto-injectable epinephrine, such as before exercising or engaging in physical activity to prevent the onset of asthma symptoms or to alleviate asthma symptoms after the onset of an asthma episode; and (iv) attests to the student's demonstrated ability to safely and effectively self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be.

3. Development of an individualized health care plan, including emergency procedures for any life-threatening conditions.

4. Consultation with the student's parent before any limitations or restrictions are imposed upon a student's possession and self-administration of inhaled asthma medications and auto-injectable epinephrine, and before the permission to possess and self-administer inhaled asthma medications and auto-injectable epinephrine at any point during the school year is revoked.

5. Self-administration of inhaled asthma medications and auto-injectable epinephrine to be consistent with the purposes of the Virginia School Health Guidelines and the Guidelines for Specialized Health Care Procedure Manuals, which are jointly issued by the Department of Education and the Department of Health.

6. Disclosure or dissemination of information pertaining to the health condition of a student to school board employees to comply with §§ 22.1-287 and 22.1-289 and the federal Family Education Rights and Privacy Act of 1974, as amended, 20 U.S.C. § 1232g, which govern the disclosure and dissemination of information contained in student scholastic records.

B. The permission granted a student with a diagnosis of asthma or anaphylaxis, or both, to possess and self-administer inhaled asthma medications or auto-injectable epinephrine, or both, shall be effective for one school year. Permission to possess and self-administer such medications shall be renewed annually. For the purposes of this section, "one school year" means 365 calendar days.

C. Local school boards shall adopt and implement policies for the possession and administration of epinephrine in every school, to be administered by any school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine to any student believed to be having an anaphylactic reaction. Such policies shall require that at least one school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine has the means to access at all times during regular school hours any such epinephrine that is stored in a locked or otherwise generally inaccessible container or area.

D. Each local school board shall adopt and implement policies for the possession and administration of undesignated stock albuterol inhalers and valved holding chambers in every public school in the local school division, to be administered by any school nurse, licensed athletic trainer under contract with a local school division, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by the local health director and trained in the administration of albuterol inhalers and valved holding chambers for any student believed in good faith to be in need of such medication.

E. Any local school board may adopt and implement policies for the possession and administration of undesignated nasal or injectable glucagon in each public elementary or secondary school in the local school division, provided that such policies are consistent with the guidance outlined in the most recent revision of the Diabetes Management In School: Manual for Unlicensed Personnel published by the Department and include guidance outlining the following:

1. One or more locations in each public elementary or secondary school in the local school division in which doses of such undesignated glucagon shall be stored;

2. The conditions under which doses of such undesignated glucagon shall be stored, replaced, and disposed;

3. The individuals who are authorized to access and administer doses of such undesignated glucagon in an emergency and training requirements for such individuals; and

4. A process for requesting emergency medical services and notifying appropriate personnel immediately after a dose of such undesignated glucagon is administered.

F. Any public elementary or secondary school may maintain a supply of nasal or injectable glucagon in any secure location that is immediately accessible to any school nurse or other employee trained in the administration of nasal and injectable glucagon prescribed to the school by a prescriber, as defined in § 54.1-3401 . Any such school shall ensure that such a supply consists of at least two doses. Any school nurse or other authorized employee who is trained in the administration of nasal and injectable glucagon consistent with the guidance outlined in the most recent revision of the Diabetes Management In School: Manual for Unlicensed Personnel published by the Department may administer nasal or injectable glucagon from undesignated inventory with parental consent and if the student's prescribed glucagon is not available on school grounds or has expired.

G. Any school board may accept donations of nasal or injectable glucagon from a wholesale distributor of glucagon or donations of money from any individual to purchase nasal or injectable glucagon for the purpose of maintenance and administration in a public school in the local school division as permitted pursuant to subsection F.

H. Any school board may adopt and implement policies:

1. Permitting any student enrolled in any secondary school in the local school division who has a diagnosis of a condition causing seizures to possess seizure rescue medications during the school day, at school-sponsored activities, or while on a school bus or other school property if (i) the student's parent has submitted a seizure management and action plan in accordance with § 22.1-274.6 that includes written consent of the parent and written approval of the student's primary care provider for such self-possession and (ii) the school nurse has been notified of such self-possession; or

2. For the administration of seizure rescue medications to any student enrolled in any elementary or secondary school in the local school division who has a diagnosis of a condition causing seizures, consistent with the provisions of subsection CC of § 54.1-3408 .

2000, c. 871 ; 2005, c. 785 ; 2012, cc. 787 , 833 ; 2013, cc. 336 , 617 ; 2020, c. 476 ; 2021, Sp. Sess. I, c. 508 ; 2023, cc. 183 , 569 ; 2024, c. 466 ; 2025, cc. 59 , 65 .
Va. Code Ann. § 22.1-207.2 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-207.2
Right of parents to review certain materials; summaries distributed
Status: in_force

Every parent, guardian or other person in the Commonwealth having control or charge of any child who is required by subsection A of § 22.1-254 to send such child to a public school shall have the right to review the complete family life curricula, including all supplemental materials used in any family life education program. A complete copy of all printed materials not subject to copyright protection and a description of all audio-visual materials shall be made available through any available parental portal and kept in the school library or office and made available for review to any parent or guardian during school office hours before and during the school year. The audio-visual materials shall be made available to parents for in-person review, upon request, on the same basis as printed materials are made available.

Each school board shall develop and distribute to the parents or guardians of a student participating in the family life education program and post for public viewing on the local school division's official website a summary designed to assist parents in understanding the program implemented in its school division as such program progresses and to encourage parental guidance and involvement in the instruction of the students. Such information shall reflect the curricula of the program as taught in the classroom. The school division shall include the following information on the summary:

"Parents and guardians have the right to review the family life education program offered by their school division, including written and audio-visual educational materials used in the program. Parents and guardians also have the right to excuse their child from all or part of family life education instruction."

1989, c. 515; 1991, cc. 139, 526; 2009, c. 451 ; 2020, c. 689 .
Va. Code Ann. § 22.1-288.1 — Virginia Code / Title 22.1 / Chapter 14 / Article 5 / Section 22.1-288.1
Notation in school records of missing children; local law-enforcement cooperation
Status: in_force

A. Each school board shall receive reports of disappearances of any children living within the school division from local law enforcement pursuant to § 52-31.1 .

B. Upon notification by a local law-enforcement agency of a child's disappearance, the principal of any school in which the child was enrolled at the time of the disappearance shall indicate, by mark, in the child's cumulative record that the child has been reported as missing. Upon notification by law enforcement that the child is located, the principal shall remove the mark from the record.

C. Upon receiving a request from any school or person for copies of the cumulative records and birth certificate of any child who has been reported by a local law-enforcement agency to be missing, the school being requested to transfer the records shall immediately notify the law-enforcement agency that provided the report to the school of the child's disappearance of the location of the school or person requesting the cumulative records and birth certificate of the child, without alerting the requestor of such report.

D. For the purposes of this section, a "mark" shall mean an electronic or other indicator that (i) is readily apparent on the student's record and (ii) will immediately alert any school personnel that the record is that of a missing child.

1990, c. 295; 2006, c. 295 .
Va. Code Ann. § 22.1-214.5 — Virginia Code / Title 22.1 / Chapter 13 / Article 2 / Section 22.1-214.5
Special education family support centers
Status: in_force

The Parent Training and Information Center in the Commonwealth designated pursuant to 20 U.S.C. § 1471(e) shall establish special education family support centers in eight distinct regions of the Commonwealth that shall each (i) be staffed by a regional special education family liaison employed by such center, (ii) coordinate with special education parent/family liaisons required to be designated pursuant to subsection R of § 22.1-253.13:2 , (iii) develop and implement outreach and support to parents of children with disabilities in its region, and (iv) track and report to the State Parent Ombudsman for Special Education data on questions and concerns raised by parents.

2024, cc. 468 , 502 .
Va. Code Ann. § 22.1-271.10 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-271.10
Guidelines and policies on student-athlete extreme heat safety and protection
Status: in_force

A. The Board shall develop, biennially review and update as necessary, and distribute to each local school division guidelines on policies relating to extreme heat safety and protection for student-athletes that inform coaches, student-athletes, and student-athletes' parents of risks associated with and best-practices and strategies for ensuring the safety and protection of student-athletes when engaging in outdoor physical activity in times of extreme heat.

B. Each school board shall develop and update, in accordance with the guidelines developed by the Board pursuant to subsection A, policies on student-athlete extreme heat safety and protection. Such policies shall:

1. Be consistent with any heat guidelines based on Wet Bulb Globe Temperature (WBGT) levels developed by an organization or entity whose purpose it is to regulate or govern interscholastic athletics programs in the Commonwealth;

2. Include parameters relating to the scheduling of outdoor athletics practices or games during different WBGT levels and establishing the WBGT levels at which outdoor athletics practices or games shall be cancelled;

3. Establish a heat-acclimatization and modification procedure for outdoor athletics practices or games consisting of at least five tiers of procedures for outdoor athletics practices or games based on heat or humidity levels, with the first tier outlining heat-acclimatization and modification procedures for the lowest heat or humidity level requiring special student-athlete safety and protection precautions and the final tier outlining heat-acclimatization and modification procedures for the most severe heat or humidity level before the level at which all outdoor athletics practices or games shall be cancelled pursuant to subdivision 2. Such tiered heat-acclimatization and modification procedures shall include required equipment modification, if applicable for the sport, modification of work-to-rest ratios, modification of water break requirements, and procedures relating to the use of shaded areas for rest breaks;

4. Require (i) each student-athlete to be given unhindered access at all times to hydration and a cooling space, which may be a shaded or air-conditioned area, and (ii) each student-athlete and each coach to be provided ice at any time there is a WBGT level of 80 degrees Fahrenheit or higher;

5. Include procedures relating to preventing, recognizing, and addressing heat-related illnesses, including dehydration, heat syncope, heat exhaustion, and heat stroke; and

6. Establish a process for reporting and investigating any instance in which a student-athlete experiences a severe heat-related illness requiring emergency medical treatment or resulting in death.

2025, cc. 478 , 493 .
Va. Code Ann. § 22.1-359 — Virginia Code / Title 22.1 / Chapter 23 / Section 22.1-359
Southern Regional Education Board; appointment; terms; compensation and expenses
Status: in_force

The Commonwealth's representatives to the Southern Regional Education Board in compliance with the Southern Regional Education Compact shall consist of: the Governor, who shall serve ex officio, and four citizens to be appointed by the Governor of whom one shall be selected from the field of education and one shall be a member of the legislature. The legislative member shall serve a term coincident with his term of office. The gubernatorial appointees shall serve four-year terms. All appointees may be reappointed for successive terms.

Any legislative member of the Board shall receive such compensation as provided in § 30-19.12 and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of his duties as provided in §§ 2.2-2813 and 2.2-2825 . The costs of compensation and expenses of the legislative members shall be provided from existing appropriations to the Virginia Commission on Intergovernmental Cooperation for the attendance of conferences. Nonlegislative citizen members shall receive such compensation and reimbursement for all their reasonable and necessary expenses in the performance of their duties as may be appropriated or made available for such purposes.

2004, c. 1000 .
Va. Code Ann. § 22.1-57.5 — Virginia Code / Title 22.1 / Chapter 5 / Article 7 / Section 22.1-57.5
Limitation on time of holding subsequent referendum
Status: in_force

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.

1992, c. 594.
Va. Code Ann. § 22.1-89.2 — Virginia Code / Title 22.1 / Chapter 8 / Article 1 / Section 22.1-89.2
Financial records retention and disposition schedule
Status: in_force

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.

1990, c. 451.
Va. Code Ann. § 22.1-2 — Virginia Code / Title 22.1 / Chapter 1 / Section 22.1-2
System of free public elementary and secondary schools to be maintained; administration
Status: in_force

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.

Code 1950, §§ 22-1.1, 22-2; 1971, Ex. Sess., c. 100; 1976, cc. 681, 713; 1978, c. 518; 1980, c. 559.
Va. Code Ann. § 22.1-212.23 — Virginia Code / Title 22.1 / Chapter 13 / Article 1.4 / Section 22.1-212.23
Definitions
Status: in_force

As used in this article:

"Multidivision online provider" means (i) a private or nonprofit organization that enters into a contract with a local school board to provide online courses or programs through that school board to students who reside in Virginia both within and outside the geographical boundaries of that school division; (ii) a private or nonprofit organization that enters into contracts with multiple local school boards to provide online courses or programs to students in grades K through 12 through those school boards; or (iii) a local school board that provides online courses or programs to students who reside in Virginia but outside the geographical boundaries of that school division. However, "multidivision online provider" shall not include (a) a local school board's online learning program in which fewer than 10 percent of the students enrolled reside outside the geographical boundaries of that school division; (b) multiple local school boards that establish joint online courses or programs in which fewer than 10 percent of the students enrolled reside outside the geographical boundaries of those school divisions; (c) local school boards that provide online learning courses or programs for their students through an arrangement with a public or private institution of higher education; or (d) local school boards providing online courses or programs through a private or nonprofit organization that has been approved as a multidivision online provider.

"Online course" means a course or grade-level subject instruction that (i) is delivered by a multidivision online provider primarily electronically using the Internet or other computer-based methods and (ii) is taught by a teacher primarily from a remote location, with student access to the teacher given synchronously, asynchronously, or both.

"Virtual school program" means a series of online courses with instructional content that (i) is delivered by a multidivision online provider primarily electronically using the Internet or other computer-based methods; (ii) is taught by a teacher primarily from a remote location, with student access to the teacher given synchronously, asynchronously, or both; (iii) is delivered as a part-time or full-time program; and (iv) has an online component with online lessons and tools for student and data management.

An online course or virtual school program may be delivered to students at school as part of the regularly scheduled school day.

2010, cc. 537 , 817 .
Va. Code Ann. § 22.1-327 — Virginia Code / Title 22.1 / Chapter 16 / Section 22.1-327
Fees
Status: in_force

The Board may establish fees and the methods for collecting such fees for schools as it deems necessary to carry out the provisions of this chapter. All fees shall be nonrefundable.

Code 1950, § 22-330.25; 1970, c. 665; 1977, c. 444; 1980, c. 559; 1988, c. 574; 1993, c. 351.
Va. Code Ann. § 22.1-141 — Virginia Code / Title 22.1 / Chapter 9 / Article 2 / Section 22.1-141
Repealed
Status: repealed

Repealed by Acts 1982, c. 647.
Va. Code Ann. § 22.1-354 — Virginia Code / Title 22.1 / Chapter 20 / Section 22.1-354
Cooperation of other agencies
Status: in_force

All agencies of the Commonwealth shall cooperate with the Consortium and, upon request, assist the Consortium in the performance of its duties and responsibilities.

1992, c. 785.
Va. Code Ann. § 22.1-277.05 — Virginia Code / Title 22.1 / Chapter 14 / Article 3 / Section 22.1-277.05
Long-term suspensions; procedures; readmission
Status: in_force

A. A pupil may be suspended from attendance at school for 11 to 45 school days after providing written notice to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the school board, or a committee thereof, or the superintendent or his designee, in accordance with regulations of the school board. If the regulations provide for a hearing by the superintendent or his designee, the regulations shall also provide for an appeal of the decision to the full school board. Such appeal shall be decided by the school board within 30 days.

If the regulations provide for a hearing by a committee of the school board, the regulations shall also provide that such committee may confirm or disapprove the suspension of a student. Any such committee of the school board shall be composed of at least three members. If the committee's decision is not unanimous, the pupil or his parent may appeal the committee's decision to the full school board. Such appeal shall be decided by the school board within 30 days.

B. A school board shall include in the written notice of a suspension for 11 to 45 school days required by this section notification of the length of the suspension. In the case of a suspension for 11 to 45 school days, such written notice shall provide information concerning the availability of community-based educational, alternative education, or intervention programs. Such notice shall also state that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the school board during or upon the expiration of the suspension. The costs of any community-based educational, alternative education, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his suspension shall be borne by the parent of the student.

Nothing in this section shall be construed to prohibit the school board from permitting or requiring students suspended pursuant to this section to attend an alternative education program provided by the school board for the term of such suspension.

School boards shall adopt policies and procedures to ensure that suspended students are able to access and complete graded work during and after the suspension.

C. Notwithstanding the provisions of subsections A and B, a long-term suspension may extend beyond a 45-school-day period but shall not exceed 364 calendar days if (i) the offense is one described in § 22.1-277.07 or 22.1-277.08 or involves serious bodily injury or (ii) the school board or division superintendent or his designee finds that aggravating circumstances exist, as defined by the Department. Such definition shall include a consideration of a student's disciplinary history.

1998, c. 806 , § 22.1-277.03; 2001, cc. 688 , 820 ; 2018, c. 491 ; 2020, c. 337 .
Va. Code Ann. § 22.1-132.1 — Virginia Code / Title 22.1 / Chapter 9 / Article 1 / Section 22.1-132.1
Daycare programs in certain localities
Status: in_force

A. 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.

B. 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.

C. 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 .

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.
Va. Code Ann. § 22.1-321.1 — Virginia Code / Title 22.1 / Chapter 16 / Section 22.1-321.1
Possession and administration of epinephrine
Status: in_force

The Board shall promulgate regulations for the possession and administration of epinephrine in every school for students with disabilities, to be administered by any employee of the school who is authorized by a prescriber and trained in the administration of epinephrine to any student believed to be having an anaphylactic reaction.

2015, c. 387 ; 2022, c. 355 .
Va. Code Ann. § 22.1-79.6 — Virginia Code / Title 22.1 / Chapter 7 / Section 22.1-79.6
Employee lactation support policy
Status: in_force

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.

2014, c. 380 .
Va. Code Ann. § 22.1-161.1 — Virginia Code / Title 22.1 / Chapter 10.1 / Section 22.1-161.1
Borrowing for capital projects for school purposes authorized
Status: in_force

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.

1995, c. 250 .
Va. Code Ann. § 22.1-207.9 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-207.9
Certain advanced or accelerated mathematics opportunities; policies and criteria for enrollment; data reporting
Status: in_force

A. Each school board shall develop and adopt a policy that sets forth the criteria for students in grades five through eight to be eligible to enroll in advanced or accelerated mathematics. Such policy shall, at minimum:

1. Require any student enrolled in the local school division in grades five through eight who earns a scale score on the end-of-year Standards of Learning mathematics assessment that is in the statewide, grade-level upper quartile to be automatically enrolled in advanced or accelerated mathematics during the following school year, provided that such class or course is offered and available;

2. Require that parents be afforded the opportunity to opt their child out of any automatic enrollment otherwise required pursuant to subdivision 1;

3. Establish multiple additional pathways to enrollment in advanced or accelerated mathematics such as teacher recommendations, parental recommendations, student preference, or student aptitude as demonstrated through other means of evaluation such as grades, other standardized testing, portfolios, or observation; and

4. Require that the parents of each student in grades five through eight be annually notified of (i) the criteria and process for enrollment in advanced or accelerated mathematics, including automatic enrollment and parental opt-out, as set forth in the policy; (ii) the importance of middle school mathematics coursework; (iii) the impact of middle school mathematics coursework on the high school mathematics coursework sequence; and (iv) the mathematics courses available within the school division.

B. Each school board shall annually collect and submit to the Department:

1. Division-wide data, data by school, and data by grade level, disaggregated by student subgroup based on gender, race, family income, special education status, English language learner status, and gifted status, on (i) the number and percentage of students in grades five through eight who earned a scale score in the upper quartile on the end-of-year Standards of Learning mathematics assessment and who enrolled in advanced or accelerated mathematics in the following school year, (ii) the number and percentage of students in grades five through eight who earned a scale score in the upper quartile on the end-of-year Standards of Learning mathematics assessment but whose parents exercised the option to exclude the student from advanced or accelerated mathematics in the following school year, and (iii) the number and percentage of students in grades five through eight who did not earn a scale score in the upper quartile on the end-of-year Standards of Learning mathematics assessment but who enrolled in advanced or accelerated mathematics in the following school year; and

2. The end-of-year Standards of Learning mathematics assessment scale score earned in the following school year by each student described in subdivision 1.

C. The Department shall post publicly in an easily accessible location and format on its website all data received pursuant to subsection B.

2025, c. 309 .
Va. Code Ann. § 22.1-289.034 — Virginia Code / Title 22.1 / Chapter 14.1 / Article 5 / Section 22.1-289.034
Barrier crime; construction
Status: in_force

For purposes of this chapter, convictions for any barrier crime as defined in § 19.2-392.02 shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.

2020, cc. 860 , 861 .
Va. Code Ann. § 22.1-277.08 — Virginia Code / Title 22.1 / Chapter 14 / Article 3 / Section 22.1-277.08
Expulsion of students for certain drug offenses
Status: in_force

A. (Effective until July 1, 2027) School boards shall expel from school attendance any student whom such school board has determined, in accordance with the procedures set forth in this article, to have brought a controlled substance, imitation controlled substance, or marijuana as defined in § 18.2-247 onto school property or to a school-sponsored activity. A school administrator, pursuant to school board policy, or a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. A school board may, by regulation, authorize the division superintendent or his designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Such regulations shall ensure that, if a determination is made that another disciplinary action is appropriate, any such subsequent disciplinary action is to be taken in accordance with the procedures set forth in this article. Nothing in this section shall be construed to require a student's expulsion regardless of the facts of the particular situation.

A. (Effective July 1, 2027) School boards shall expel from school attendance any student whom such school board has determined, in accordance with the procedures set forth in this article, to have brought a controlled substance or imitation controlled substance as those terms are defined in § 18.2-247 onto school property or to a school-sponsored activity. A school administrator, pursuant to school board policy, or a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. A school board may, by regulation, authorize the division superintendent or his designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Such regulations shall ensure that, if a determination is made that another disciplinary action is appropriate, any such subsequent disciplinary action is to be taken in accordance with the procedures set forth in this article. Nothing in this section shall be construed to require a student's expulsion regardless of the facts of the particular situation.

B. Each school board shall revise its standards of student conduct to incorporate the requirements of this section no later than three months after the date on which this act becomes effective.

1998, c. 655 ; 1999, cc. 706 , 732 , § 22.1-277.01:1; 2001, cc. 688 , 820 ; 2011, cc. 384 , 410 ; 2014, cc. 109 , 312 , 577 , 674 , 719 , 765 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 22.1-229 — Virginia Code / Title 22.1 / Chapter 13 / Article 5 / Section 22.1-229
Projects may be established directly or by contract with corporation
Status: in_force

Any school board may establish career and technical education projects. A school board may establish any such project either directly with its own facilities and personnel or under contract with a corporation. A project may be conducted on school board property or other public or private property. A school board may acquire sites for projects.

Code 1950, §§ 22-330.36, 22-330.37, 22-330.38; 1974, c. 336; 1975, c. 139; 1980, c. 559; 2001, c. 483 .
Va. Code Ann. § 22.1-136 — Virginia Code / Title 22.1 / Chapter 9 / Article 2 / Section 22.1-136
Duty of division superintendent to close buildings
Status: in_force

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.

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.
Va. Code Ann. § 22.1-317 — Virginia Code / Title 22.1 / Chapter 15 / Article 5 / Section 22.1-317
Superintendent of Public Instruction to be "designated state official."
Status: in_force

The "designated state official" for this Commonwealth for the purposes of the Interstate Agreement on Qualification of Educational Personnel shall be the Superintendent of Public Instruction. The Superintendent of Public Instruction shall enter into contracts pursuant to Article III of the Agreement only with the approval of the specific text thereof by the Board of Education.

Code 1950, § 22-349; 1970, c. 193; 1980, c. 559.
Va. Code Ann. § 22.1-290.1 — Virginia Code / Title 22.1 / Chapter 15 / Article 1 / Section 22.1-290.1
Clinical faculty programs
Status: in_force

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

"Clinical faculty member" means a licensed public or private school teacher who meets the standards of the board of visitors or other governing body for acceptance in an institution's clinical faculty program.

"Student teacher" means an individual enrolled in a program for training teachers in an accredited institution of higher education located in this Commonwealth.

"Training institution" means an accredited public or private institution of higher education which has implemented a training program for public school teachers designed to improve skills in supervising and evaluating student teachers.

B. The governing board of any public institution of higher education in the Commonwealth or accredited private institution of higher education in the Commonwealth may establish a clinical faculty program utilizing specially trained public school teachers as supervisors of student teachers. Any such program shall include the following components:

1. Any teacher accepted as a clinical faculty member shall be designated adjunct faculty;

2. Prior to being assigned student teachers, all clinical faculty members shall be required to attend training programs offered by accredited public or private institutions of higher education which are designed to improve their skills in supervising and evaluating student teachers;

3. Clinical faculty members shall be given the responsibility for the grading and evaluation of the student teachers assigned to them in cooperation with appropriate full-time faculty members at the institution; and

4. Such data on the clinical faculty program as may be required by the Board of Education shall be provided by the institution in a timely manner.

C. Any governing board that chooses to implement a clinical faculty program pursuant to subsection B shall develop standards for acceptance of public or private school teachers as clinical faculty members. Public or private school teachers may apply to the institution of higher education for acceptance as clinical faculty members for the purpose of supervising and evaluating student teachers.

D. There is hereby authorized to be appropriated for the purposes of this section such sums as the General Assembly may from time to time determine to be necessary. The Board of Education shall serve as fiscal agent for the training institutions and the clinical faculty programs.

The Board shall allocate from such funds as are appropriated, moneys to participating training institutions for the purpose of compensating clinical faculty members. The Board, in consultation with the training institutions, shall set such compensation.

The Board shall, in cooperation with the State Council of Higher Education, set criteria for the programs implemented by the training institutions. The Board may also issue such guidelines as may be necessary for the implementation of the provisions of this section. The training program criteria set by the Board and the Council and the guidelines issued by the Board shall not be subject to the Administrative Process Act (§ 2.2-4000 et seq.). However, prior to establishing such criteria or issuing such guidelines, the Board and the Council shall consult with the Office of the Attorney General and provide opportunity for public comment.

1990, c. 800; 1992, c. 132.
Va. Code Ann. § 22.1-3.2 — Virginia Code / Title 22.1 / Chapter 1 / Section 22.1-3.2
Notice of student's school status required as condition of admission; penalty
Status: in_force

A. 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 .

B. 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.

C. Any person making a materially false statement or affirmation shall be guilty upon conviction of a Class 3 misdemeanor.

1993, c. 889; 2006, cc. 53 , 183 .
Va. Code Ann. § 22.1-208.2:3 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-208.2:3
Repealed
Status: repealed

Repealed by Acts 2005, c. 741 , cl. 2.
Va. Code Ann. § 22.1-298.2:1 — Virginia Code / Title 22.1 / Chapter 15 / Article 2 / Section 22.1-298.2:1
(Contingent effective date — see note) Teacher employment data; education preparation programs
Status: in_force

The Department of Education shall aggregate and report to each education preparation program the following teacher employment data on such program's graduates, as available and to the extent that such data does not reveal personally identifiable information: the total number of graduates who obtain full licensure within three years of graduation; the percentage of all graduates who teach within three years of graduation; the total number of graduates employed in the Commonwealth by school division, graduation year, and type of school; the school characteristics, attributes of students, and educational outcomes where graduates initially taught; and information on teacher transfers and departures relative to initial employment.

2019, c. 598 .
Va. Code Ann. § 22.1-162 — Virginia Code / Title 22.1 / Chapter 11 / Section 22.1-162
Definitions
Status: in_force

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.

1980, c. 559.
Va. Code Ann. § 22.1-306 — Virginia Code / Title 22.1 / Chapter 15 / Article 3 / Section 22.1-306
Definitions
Status: in_force

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

"Business day" means any day that the relevant school board office is open.

"Day" means calendar days unless a different meaning is clearly expressed in this article. Whenever the last day for performing an act required by this article falls on a Saturday, Sunday, or legal holiday, the act may be performed on the next day that is not a Saturday, Sunday, or legal holiday.

"Dismissal" means the dismissal of any teacher during the term of such teacher's contract.

"Grievance" means a complaint or dispute by a teacher relating to his employment, including (i) disciplinary action including dismissal; (ii) the application or interpretation of (a) personnel policies, (b) procedures, (c) rules and regulations, (d) ordinances, and (e) statutes; (iii) acts of reprisal against a teacher for filing or processing a grievance, participating as a witness in any step, meeting, or hearing relating to a grievance, or serving as a member of a fact-finding panel; and (iv) complaints of discrimination on the basis of race, color, creed, religion, political affiliation, disability, age, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or military status. Each school board shall have the exclusive right to manage the affairs and operations of the school division. Accordingly, the term "grievance" shall not include a complaint or dispute by a teacher relating to (a) establishment and revision of wages or salaries, position classifications, or general benefits; (b) suspension of a teacher or nonrenewal of the contract of a teacher who has not achieved continuing contract status; (c) the establishment or contents of ordinances, statutes, or personnel policies, procedures, rules, and regulations; (d) failure to promote; (e) discharge, layoff, or suspension from duties because of decrease in enrollment, decrease in enrollment or abolition of a particular subject, or insufficient funding; (f) hiring, transfer, assignment, and retention of teachers within the school division; (g) suspension from duties in emergencies; (h) the methods, means, and personnel by which the school division's operations are to be carried on; or (i) coaching or extracurricular activity sponsorship.

While these management rights are reserved to the school board, failure to apply, where applicable, the rules, regulations, policies, or procedures as written or established by the school board is grievable.

"Military status" means status as (i) a member of the uniformed forces, as defined in 10 U.S.C. § 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. § 10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50.

"Religion" includes any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols.

Code 1950, § 22-217.5:1; 1979, c. 298; 1980, c. 559; 1981, c. 646; 1992, c. 679; 2013, cc. 588 , 650 ; 2020, cc. 1137 , 1140 ; 2021, Sp. Sess. I, cc. 477 , 478 ; 2022, c. 799 .
Va. Code Ann. § 22.1-79.3:1 — Virginia Code / Title 22.1 / Chapter 7 / Section 22.1-79.3:1
Student cell phone and smart device possession and use policies; development and implementation
Status: in_force

A. As used in this section:

"Bell to bell" means after the first bell rings at the start of the school day to begin instructional time until the dismissal bill rings at the end of the school day. "Bell to bell" includes lunch and time in between class periods.

"Smart device" means any personal electronic device that can connect to the Internet and wirelessly collect, process, and transmit data, including smart watches and tablets.

B. Each school board shall develop and each public elementary and secondary school shall implement age-appropriate and developmentally appropriate policies relating to student cell phone and smart device possession and use on school property from bell to bell. Such policies shall:

1. Except as provided in subdivision 4, restrict student cell phone and smart device possession and prohibit student cell phone and smart device use on school property from bell to bell;

2. To the extent that student cell phone or smart device possession and use is otherwise permitted on school property before or after bell to bell, regulate such possession and use with the objective of reducing any distractions in or disruptions to the learning environment, including bullying and harassment;

3. Ensure that implementation and enforcement of such policies (i) is the responsibility of the school administration; (ii) minimizes, to the extent possible, any conflict with the instructional responsibilities of teachers or any disturbance to instructional time; and (iii) does not involve any school resource officer, as defined in § 9.1-101 , that may be employed in any school in the school division;

4. Permit any student, pursuant to an Individualized Education Plan, § 504 Plan, individualized health care plan, diabetes medical management plan, or Limited English Proficiency plan, to possess and use a cell phone or smart device on school property, including in the classroom, from bell to bell to monitor or address a health concern or as an accommodation or assistive technology support; and

5. Expressly prohibit any student from being suspended or expelled as a consequence of any violation of such policies.

C. No violation of any student cell phone and smart device possession and use policy developed or implemented in accordance with subsection B shall alone constitute sufficient cause for a student's suspension or expulsion from attendance at school pursuant to § 22.1-277 . Any violation of any such student cell phone and smart device possession and use policy that involves, coincides with, or results in an instance of disruptive behavior, as that term is defined in § 22.1-276.01 , shall be addressed in accordance with the regulations on codes of student conduct adopted by each school board pursuant to subsection B of § 22.1-279.6 .

2025, cc. 606 , 644 ; 2026, c. 331 .
Va. Code Ann. § 22.1-279.1 — Virginia Code / Title 22.1 / Chapter 14 / Article 3 / Section 22.1-279.1
Corporal punishment prohibited
Status: in_force

A. No teacher, principal or other person employed by a school board or employed in a school operated by the Commonwealth shall subject a student to corporal punishment. This prohibition of corporal punishment shall not be deemed to prevent (i) the use of incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) the use of reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance which threatens physical injury to persons or damage to property; (iii) the use of reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) the use of reasonable and necessary force for self-defense or the defense of others; or (v) the use of reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia which are upon the person of the student or within his control.

B. In determining whether a person was acting within the exceptions provided in this section, due deference shall be given to reasonable judgments at the time of the event which were made by a teacher, principal or other person employed by a school board or employed in a school operated by the Commonwealth.

C. For the purposes of this section, "corporal punishment" means the infliction of, or causing the infliction of, physical pain on a student as a means of discipline.

This definition shall not include physical pain, injury or discomfort caused by the use of incidental, minor or reasonable physical contact or other actions designed to maintain order and control as permitted in subdivision (i) of subsection A of this section or the use of reasonable and necessary force as permitted by subdivisions (ii), (iii), (iv), and (v) of subsection A of this section, or by participation in practice or competition in an interscholastic sport, or participation in physical education or an extracurricular activity.

1989, c. 287; 1995, c. 681 .
Va. Code Ann. § 22.1-30 — Virginia Code / Title 22.1 / Chapter 5 / Article 1 / Section 22.1-30
Certain officers may not act on school board or serve as tie breaker
Status: in_force

A. 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.

B. 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.

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 .
Va. Code Ann. § 22.1-253.13:10 — Virginia Code / Title 22.1 / Chapter 13.2 / Section 22.1-253.13:10
Repealed
Status: repealed

Repealed by Acts 2019, c. 771 , cl. 2.
Va. Code Ann. § 22.1-166.2 — Virginia Code / Title 22.1 / Chapter 11 / Section 22.1-166.2
Grants to local school boards
Status: in_force

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.

1990, c. 909.
Va. Code Ann. § 22.1-213.1 — Virginia Code / Title 22.1 / Chapter 13 / Article 2 / Section 22.1-213.1
Definition of "parent."
Status: in_force

A. "Parent," for purposes of this article and regulations promulgated thereto, means:

1. A biological or adoptive parent of a child;

2. A foster parent, even if the biological or adoptive parent's rights have not been terminated, but subject to subsection B;

3. A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the Commonwealth if the child is a ward of the Commonwealth);

4. An individual acting in the place of a biological or adoptive parent (including grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or

5. If no party qualified under subdivisions 1 through 4 can be identified, or those parties are unwilling to act as parent, a surrogate parent who has been appointed in accordance with 8VAC20-81-220 .

B. The biological or adoptive parent, when attempting to act as the parent pursuant to this section and when more than one party is qualified under subsection A to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent has had their residual parental rights and responsibilities terminated pursuant to § 16.1-277.01 , 16.1-277.02 , or 16.1-283 or a comparable law in another state.

C. The local school division shall provide written notice to the biological or adoptive parents at their last known address that a foster parent is acting as the parent pursuant to this section, and the local school division is entitled to rely upon the actions of the foster parent pursuant to this section until such time that the biological or adoptive parent attempts to act as the parent.

D. If a judicial decree or order identifies a specific person or persons among subdivisions A 1 through A 5 to act as the "parent" of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the "parent" for purposes of the special education identification, evaluation, and placement of a child and the provision of a free appropriate public education to a child.

E. The Board of Education shall revise the regulations governing the provision of special education services in accordance with this section.

2009, c. 119 .
Va. Code Ann. § 22.1-167.2 — Virginia Code / Title 22.1 / Chapter 11 / Section 22.1-167.2
Security for payment; appropriations
Status: in_force

A. 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.

B. 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.

C. 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.

D. 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.

1998, cc. 4 , 900 .
Va. Code Ann. § 22.1-20.3 — Virginia Code / Title 22.1 / Chapter 2 / Section 22.1-20.3
Granting easements across lands of certain schools and institutions
Status: in_force

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.

1952, c. 74, § 23-9.1; 1958, c. 47; 1986, c. 536; 2016, c. 588 .
Va. Code Ann. § 22.1-277.2:1 — Virginia Code / Title 22.1 / Chapter 14 / Article 3 / Section 22.1-277.2:1
Disciplinary authority of school boards under certain circumstances; alternative education program
Status: in_force

A. A school board may, in accordance with the procedures set forth in this article, require any student who has been (i) charged with an offense relating to the Commonwealth's laws, or with a violation of school board policies, on weapons, alcohol or drugs, or intentional injury to another person, or with an offense that is required to be disclosed to the superintendent of the school division pursuant to subsection G of § 16.1-260 ; (ii) found guilty or not innocent of an offense relating to the Commonwealth's laws on weapons, alcohol, or drugs, or of a crime that resulted in or could have resulted in injury to others, or of an offense that is required to be disclosed to the superintendent of the school division pursuant to subsection G of § 16.1-260 ; (iii) found to have committed a serious offense or repeated offenses in violation of school board policies; (iv) suspended pursuant to § 22.1-277.05 ; or (v) expelled pursuant to § 22.1-277.06 , 22.1-277.07 , or 22.1-277.08 , or subsection C of § 22.1-277 , to attend an alternative education program. A school board may require such student to attend such programs regardless of where the crime occurred. School boards may require any student who has been found, in accordance with the procedures set forth in this article, to have been in possession of, or under the influence of, drugs or alcohol on a school bus, on school property, or at a school-sponsored activity in violation of school board policies, to undergo evaluation for drug or alcohol abuse, or both, and, if recommended by the evaluator and with the consent of the student's parent, to participate in a treatment program.

As used in this section, the term "charged" means that a petition or warrant has been filed or is pending against a pupil.

B. A school board may adopt regulations authorizing the division superintendent or his designee to require students to attend an alternative education program consistent with the provisions of subsection A after (i) written notice to the student and his parent that the student will be required to attend an alternative education program and (ii) notice of the opportunity for the student or his parent to participate in a hearing to be conducted by the division superintendent or his designee regarding such placement. The decision of the superintendent or his designee regarding such alternative education placement shall be final unless altered by the school board, upon timely written petition, as established in regulation, by the student or his parent, for a review of the record by the school board.

C. A school board may adopt regulations authorizing the principal or his designee to impose a short-term suspension, pursuant to § 22.1-277.04 , upon a student who has been charged with an offense involving intentional injury enumerated in subsection G of § 16.1-260 , to another student in the same school pending a decision as to whether to require that such student attend an alternative education program.

1990, c. 835; 1995, cc. 724 , 755 , 801 ; 1998, c. 355 ; 1999, c. 457 ; 2000, c. 577 , § 22 .1-277.1; 2001, cc. 688 , 820 ; 2003, c. 119 ; 2009, c. 208 ; 2018, c. 585 .
Va. Code Ann. § 22.1-289.021 — Virginia Code / Title 22.1 / Chapter 14.1 / Article 3 / Section 22.1-289.021
Records and reports
Status: in_force

Every licensed or registered child day program and home-based child care system shall keep such records and make such reports to the Superintendent as he may require. The forms to be used in the making of such reports shall be prescribed and furnished by the Superintendent.

2020, cc. 860 , 861 ; 2026, c. 917 .
Va. Code Ann. § 22.1-322 — Virginia Code / Title 22.1 / Chapter 16 / Section 22.1-322
Advisory committees
Status: in_force

The Board may appoint an advisory committee, to be composed of nine persons who shall serve for terms of two years each, the majority of whom shall be representative of the schools subject to regulation under this chapter and the balance of whom shall be representative of the public and shall have no connection with any school. No member of any advisory committee shall serve for more than two consecutive terms.

Code 1950, § 22-330.20; 1970, c. 665; 1976, c. 16; 1980, c. 559; 1988, c. 574; 1993, c. 351; 2004, c. 991 .
Va. Code Ann. § 22.1-144 — Virginia Code / Title 22.1 / Chapter 10 / Section 22.1-144
Recovery of moneys due Fund
Status: in_force

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.

Code 1950, § 22-104; 1980, c. 559.
Va. Code Ann. § 22.1-133 — Virginia Code / Title 22.1 / Chapter 9 / Article 1 / Section 22.1-133
Flags
Status: in_force

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.

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.
Va. Code Ann. § 22.1-212.30 — Virginia Code / Title 22.1 / Chapter 13 / Article 1.5 / Section 22.1-212.30
Board regulations; procedure
Status: in_force

Any local school board may apply to the Board for the local school division or any school therein to be designated as an SDI. Such application shall consist of a plan of innovation for the local school division. The Board shall include in regulations promulgated pursuant to § 22.1-212.29:

1. The procedure and timeline for application, review, amendment, approval, renewal, and revocation of SDI designation;

2. The procedure for the ongoing evaluation of an SDI; and

3. Any other process or procedure that the Board deems appropriate.

2017, c. 760 .
Va. Code Ann. § 22.1-300 — Virginia Code / Title 22.1 / Chapter 15 / Article 2 / Section 22.1-300
Tuberculosis certificate
Status: in_force

As a condition to employment, every public school employee, including without limitation teachers, cafeteria workers, janitors and bus drivers, shall submit a certificate signed by a licensed physician, or by a registered nurse licensed pursuant to Article 2 (§ 54.1-3016 et seq.) of Chapter 30 of Title 54.1, stating that such employee appears free of communicable tuberculosis. Such certificate shall be based on recorded results of such skin tests, X-rays and other examinations, singly or in combination, as are deemed necessary by a licensed physician that have been performed within the twelve months' period immediately preceding submission of the certificate. After consulting with the local health director, any school board may require the submission of such certificates annually, or at such intervals as it deems appropriate, as a condition to continued employment.

Code 1950, § 22-249; 1968, c. 445; 1970, c. 526; 1973, c. 491; 1974, c. 160; 1977, c. 220; 1979, c. 262; 1980, c. 559; 1994, c. 68 ; 2000, c. 476 .
Va. Code Ann. § 22.1-24.2 — Virginia Code / Title 22.1 / Chapter 3 / Section 22.1-24.2
(Expires July 1, 2026) Internet Safety Advisory Council
Status: in_force

A. 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.

B. 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.

C. The Council shall:

1. Develop, annually review, and update as necessary, after study and consideration of a variety of sources and perspectives, guidelines on model policies and best practices relating to Internet safety for school boards in the Commonwealth that enable such school boards to better support the Internet safety of all students and teachers in the local school division;

2. Develop and submit to the Board recommendations on model instructional practices and best practices for the safe use of media and technology by students and teachers in public elementary and secondary schools in the Commonwealth; and

3. Develop, post, and maintain on the Department's website, and update as necessary, a webpage 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 that each school division shall consider and may incorporate into its instructional program implemented in accordance with clause (v) of subsection A of § 22.1-70.2 .

2025, c. 436 .
Va. Code Ann. § 22.1-122 — Virginia Code / Title 22.1 / Chapter 8 / Article 6 / Section 22.1-122
Approval and payment of claims; warrants; prohibited acts
Status: in_force

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

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.
Va. Code Ann. § 22.1-289.051 — Virginia Code / Title 22.1 / Chapter 14.1 / Article 8 / Section 22.1-289.051
Dual licenses for certain child day centers
Status: in_force

Any facility licensed as a child day center which also meets the requirements for a license as a summer camp by the Department of Health under the provisions of § 35.1-18 shall be entitled to a summer camp license. Such a facility shall comply with all of the regulations adopted by the Board and the State Board of Health for each such license.

2020, cc. 860 , 861 .
Va. Code Ann. § 22.1-237.4 — Virginia Code / Title 22.1 / Chapter 13 / Article 5.1 / Section 22.1-237.4
College and Career Ready Virginia Program; administration
Status: in_force

The Department and the System shall administer the Program. In administering the Program, the Department and the System shall:

1. Establish an advisory committee composed of representatives from local school divisions from each of the eight Superintendent's regions, associate-degree-granting public institutions of higher education from each of the eight Superintendent's regions, baccalaureate public institutions of higher education, Richard Bland College, the Office of the Secretary of Education, the State Council of Higher Education for Virginia, the Council of Independent Colleges in Virginia, the Virginia Office of Education Economics, and the Virginia Chamber of Commerce, as well as parents of public school students from each of the eight Superintendent's regions, a parent of a student who receives home instruction, and a representative from the Department with expertise in state and federal requirements for meeting the needs of students with disabilities. Such advisory committee shall provide guidance to the Department and the System to ensure that the Program fulfills the purpose of the Program described in subsection B of § 22.1-237.2 and meets the requirements set forth in § 22.1-237.3 .

2. Coordinate with the Council in its performance of its responsibilities under §§ 23.1-905.1 , 23.1-907 , and 23.1-908 .

3. Review existing regulations, including 8 VAC20-132-140, and policies, including policy 6.6.3 in the VCCS Policy Manual, on dual enrollment student eligibility and admission requirements and develop consistent student eligibility and admission requirements for the Program that balance improving student access to and ensuring student preparedness for Program courses.

4. Develop and implement initiatives to improve participation in the Program by qualified high school students from groups of students that are underrepresented in baccalaureate public institutions of higher education.

5. Develop guidelines for school boards and comprehensive community colleges to provide notice of and counseling relating to the Program to high school students and their parents.

6. Develop guidelines for local school boards and comprehensive community colleges to provide students enrolled in the Program with appropriate support, including academic support services and activities, access and user privileges to adequate library collections and services, accommodations for students with disabilities, transportation, and any other learning information or resources.

7. Establish and implement initiatives to increase the number of high school teachers across the Commonwealth that meet the applicable dual enrollment faculty credential requirements.

8. In local school divisions in which in-person instruction by qualified high school faculty is not available, ensure that comprehensive community colleges and the Online Virginia Network Authority provide access to Program courses transmitted virtually.

9. Consider the unique needs of local school divisions related to their location, size, and proximity to a comprehensive community college when developing recommendations and implementing the Program.

10. Consider how to incorporate all associate-degree-granting public institutions of higher education in the Program, consistent with the establishment of the Program pursuant to § 22.1-237.2 .

11. Make distributions from the Fund as set forth in subsection C of § 22.1-237.2 .

12. Develop and implement a plan for the annual collection and public reporting of state-level and division-level Program data, including high school and postsecondary student outcomes.

13. Develop and implement a plan for the annual collection from local school divisions and comprehensive community colleges of data on their receipts and expenditures related to the Program.

14. Establish a Program webpage that provides information necessary for students and parents to understand and access the Program.

15. Complete an annual, comprehensive review of the effectiveness of the Program, including its cost, student outcomes, and the quality and rigor of Program courses, and prepare a plan for continuous Program improvement.

16. Annually report to the General Assembly the results of the review and the plan for continuous Program improvement in subdivision 15.

2024, cc. 647 , 684 ; 2026, cc. 806 , 807 .
Va. Code Ann. § 22.1-40 — Virginia Code / Title 22.1 / Chapter 5 / Article 2 / Section 22.1-40
Appointment of tie breaker
Status: in_force

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.

1980, c. 559; 1981, c. 246.
Va. Code Ann. § 22.1-24.1 — Virginia Code / Title 22.1 / Chapter 3 / Section 22.1-24.1
Expired
Status: in_force

Expired July 1, 2024, pursuant to Acts 2022, c. 776 , cl. 2.
Va. Code Ann. § 22.1-287.02 — Virginia Code / Title 22.1 / Chapter 14 / Article 5 / Section 22.1-287.02
Students' personally identifiable information
Status: in_force

A. The Department of Education shall develop and make publicly available on its website policies to ensure state and local compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and state law applicable to students' personally identifiable information, including policies for (i) access to students' personally identifiable information and (ii) the approval of requests for student data from public and private entities and individuals for the purpose of research.

B. In cases in which electronic records containing personally identifiable information are reasonably believed by the Department of Education or a local school division to have been disclosed in violation of the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) or other federal or state law applicable to such information, the Department or local school division shall notify, as soon as practicable, the parent of any student affected by such disclosure, except as otherwise provided in § 32.1-127.1:05 or 18.2-186.6 . Such notification shall include the (i) date, estimated date, or date range of the disclosure; (ii) type of information that was or is reasonably believed to have been disclosed; and (iii) remedial measures taken or planned in response to the disclosure.

2015, c. 139 .
Va. Code Ann. § 22.1-272.1 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-272.1
Responsibility to contact parent of student at imminent risk of suicide; notice to be given to social services if parental abuse or neglect; Board of Education to develop guidelines for parental contact
Status: in_force

A. Any person licensed as administrative or instructional personnel by the Board of Education and employed by a local school board who in the scope of his employment has reason to believe, as a result of direct communication from a student, that such student is at imminent risk of suicide shall, as soon as practicable, (i) contact at least one of such student's parents to ask whether such parent is aware of the student's mental state and whether the parent wishes to obtain or has already obtained counseling for such student and (ii) provide to the parent materials on suicide prevention that shall include information on the legal requirements set forth in § 18.2-56.2 relating to the safe storage of firearms in the presence of minors and that may include guidance on best practices and strategies for limiting a student's access to lethal means, including firearms and medications. Such contact shall be made and any materials on suicide prevention provided shall be selected in accordance with the provisions of the guidelines required by subsection C.

B. If the student has indicated that the reason for being at imminent risk of suicide relates to parental abuse or neglect, this contact shall not be made with the parent. Instead, the person shall, as soon as practicable, notify the local department of social services of the county or city wherein the child resides or wherein the abuse or neglect is believed to have occurred or the state Department of Social Services' toll-free child abuse and neglect hotline, as required by § 63.2-1509 . When giving this notice to the local or state department, the person shall stress the need to take immediate action to protect the child from harm.

C. The Board of Education, in cooperation with the Department of Behavioral Health and Developmental Services and the Department of Health, shall develop guidelines for making the contact required by subsection A. These guidelines shall include, but need not be limited to, (i) criteria to assess the suicide risks of students; (ii) characteristics to identify potentially suicidal students; (iii) appropriate responses to students expressing suicidal intentions; (iv) available and appropriate community services for students expressing suicidal intentions; (v) suicide prevention strategies that may be implemented by local schools for students expressing suicidal intentions; (vi) criteria for notification of and discussions with parents of students expressing suicidal intentions; (vii) criteria for as-soon-as-practicable contact with the parents; (viii) criteria for selecting materials on suicide prevention, including those relating to safe firearm storage and best practices and strategies for limiting a student's access to lethal means, to be provided to the parent of any student expressing suicidal intentions, including materials that have been pre-approved for such use by the Board; (ix) appropriate sensitivity to religious beliefs; and (x) legal requirements and criteria for notification of public service agencies, including, but not limited to, the local or state social services and mental health agencies. These guidelines may include case studies and problem-solving exercises and may be designed as materials for in-service training programs for licensed administrative and instructional personnel.

1999, c. 425 ; 2009, cc. 813 , 840 ; 2025, c. 525 .
Va. Code Ann. § 22.1-274.4:1 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-274.4:1
Opioid antagonist procurement, placement, maintenance, and administration; staff and faculty training; policies and requirements
Status: in_force

A. Each local school board shall develop a plan, in accordance with subsection Y of § 54.1-3408 and the guidelines developed by the Department of Health in collaboration with the Department of Education, for the procurement, placement, and maintenance in each public elementary and secondary school of a supply of opioid antagonists in an amount equivalent to at least two unexpired doses for the purposes of opioid overdose reversal. Such plan shall provide for the development and implementation of policies and procedures relating to the procurement, placement, and maintenance of such supply of opioid antagonists in each such school, including policies and procedures:

1. Providing for the placement and maintenance in each public elementary and secondary school of a supply of opioid antagonists in an amount equivalent to at least two unexpired doses, including policies and procedures by which each such school shall request a replacement dose of an opioid antagonist any time a dose has expired, is administered for overdose reversal, or is otherwise rendered unusable and by which each such request shall be timely fulfilled;

2. Requiring each such school to inspect its opioid antagonist supply at least annually and maintain a record of the date of inspection, the expiration date on each dose, and, in the event that a dose of such opioid antagonist is administered for overdose reversal to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose, the date of such administration; and

3. Relating to the proper and safe storage of such opioid antagonist supply in each such school.

B. Each local school board shall, in accordance with the provisions of subsection Y of § 54.1-3408 and the guidelines developed by the Department of Health in collaboration with the Department of Education, develop policies and procedures relating to the possession and administration of opioid antagonists by any school nurse or employee of the school board who is authorized by a prescriber and trained in the administration of an opioid antagonist to any student, faculty, or staff member who is believed to be experiencing or about to experience a life-threatening opioid overdose, including:

1. Policies requiring each public elementary and secondary school to ensure that at least one employee (i) is authorized by a prescriber and has been trained and is certified in the administration of an opioid antagonist by a program administered or approved by the Department of Health to provide training in opioid antagonist administration and (ii) has the means to access at all times during regular school hours any such opioid antagonist supply that is stored in a locked or otherwise generally inaccessible container or area; and

2. Policies and procedures for (i) partnering with a program administered or approved by the Department of Health to provide training in opioid antagonist administration for the purpose of organizing and providing the training and certification required pursuant to subdivision 1 and (ii) maintaining records of each employee of each such public elementary and secondary school who is trained and certified in the administration of an opioid antagonist pursuant to subdivision 1.

C. Any employee of any public elementary or secondary school, school board, or local health department who, during regular school hours, on school premises, or during a school-sponsored activity, in good faith administers an opioid antagonist for opioid overdose reversal to any individual who is believed to be experiencing or about to experience a life-threatening opioid overdose, regardless of whether such employee was trained in administration of an opioid antagonist pursuant to subsection B, shall be immune from any disciplinary action or civil or criminal liability for any act or omission made in connection with the administration of an opioid antagonist in such incident, unless such act or omission was the result of gross negligence or willful misconduct.

D. Each school board shall adopt and each public elementary and secondary school shall implement policies and procedures in accordance with the provisions of this section. Each school board and each public elementary and secondary school shall, in adopting and implementing the policies set forth in this section, utilize to the fullest extent possible programs offered by the Department of Health for the provision of opioid antagonist administration training and certification and the procurement of opioid antagonists for placement in each public elementary and secondary school.

2024, cc. 451 , 519 ; 2025, c. 277 .
Va. Code Ann. § 22.1-272.2 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-272.2
Department; model memorandum of understanding; partnerships with community mental health services providers or a nationally recognized school-based telehealth provider
Status: in_force

A. The Department, in consultation with the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services, shall develop, adopt, and distribute to each school board a model memorandum of understanding between a school board and a public or private community mental health services provider or a nationally recognized school-based telehealth provider that (i) sets forth parameters for the provision of mental health services to public school students enrolled in the local school division by such provider, including the provision of mental health teletherapy for students outside of regular school hours and during regular school hours on school property and the provision of counseling for students by school counselors by way of telehealth and including a requirement for parental consent before the provision of any such services to any student who is under 18 years of age; (ii) reflects effective practices; and (iii) addresses privacy considerations related to the exchange of information between the parties to the memorandum of understanding and relevant laws and regulations. The Department shall maintain and update as necessary the model memorandum of understanding to ensure that it remains current, useful, and relevant.

B. Any school board may provide school-based mental health teletherapy services and permit any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours on the same basis as such students are permitted to schedule and participate in school counseling services.

C. Any school board that chooses to provide such mental health teletherapy services pursuant to subsection B shall (i) enter into a memorandum of understanding with a nationally recognized school-based telehealth provider in accordance with the model memorandum of understanding developed by the Department pursuant to subsection A that ensures and sets forth parameters for the provision of mental health teletherapy services for students during regular school hours and (ii) develop and implement, pursuant to § 22.1-272.3, policies and guidance for permitting any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours.

2023, c. 349 ; 2024, c. 534 ; 2025, cc. 555 , 563 , 628 , 666 .
Va. Code Ann. § 22.1-354.2 — Virginia Code / Title 22.1 / Chapter 20.1 / Section 22.1-354.2
Functions and duties
Status: in_force

The Consortium shall perform the following functions and duties:

1. Coordinate with organizations and agencies providing programs and services to Consortium school divisions to reduce duplication of effort and optimize the use of available resources;

2. Conduct ongoing assessments to identify needs of member school divisions and develop plans and programs responding to those needs;

3. Facilitate the coordination of programs in the Consortium region that affect prekindergarten through grade 12 public education in career and technical education, workforce development, and other linkages between public schools, institutions of higher education, and business and industry;

4. Coordinate technology-related activities between Consortium members in areas of common concern, such as video conferencing and distance learning, including the acquisition and utilization of hardware and software for administrative and instructional purchases; and

Create the capacity for development within the Consortium of shared services and activities, including purchasing, facility planning, staff development, and special needs programming, and implementation of such shared services and activities as need is determined.

2000, cc. 105 , 302 ; 2001, c. 483 ; 2026, cc. 404 , 405 .
Va. Code Ann. § 22.1-38.1 — Virginia Code / Title 22.1 / Chapter 5 / Article 2 / Section 22.1-38.1
Provisions for school board where division consolidated as result of certain governmental consolidations
Status: in_force

A. 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:

a. Organization of itself and election of one of its members as chairman.

b. Preparation and approval of an initial budget applicable to the newly consolidated school divisions.

c. Preparation of job descriptions, pay ranges and qualifications for each position in the consolidated school division.

d. Hiring of individuals to hold each position in the consolidated school division.

e. Designation of school attendance zones.

f. Allocation of office space and furniture to accommodate the administrative staff of the consolidated school division.

g. Preparation of seniority lists and reductions in force policy.

h. Approval of initial curriculum, grading systems, and all such forms of records as may be required.

i. Adoption of a transportation plan for the consolidated school division.

B. 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.

C. Upon the effective date of consolidation of school divisions, all school board members shall assume full powers, duties, rights and responsibilities of their offices.

1984, c. 695.
Va. Code Ann. § 22.1-349.7 — Virginia Code / Title 22.1 / Chapter 19.1 / Section 22.1-349.7
Decision of the Board final
Status: in_force

The decision of the Board to grant or deny a college partnership laboratory school application or to revoke or fail to renew an agreement is final and is not subject to appeal.

2010, cc. 816 , 871 , § 23-299.6; 2016, c. 588 .
Va. Code Ann. § 22.1-274.01:1 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-274.01:1
Students who are diagnosed with diabetes; self-care; insertion and reinsertion of insulin pump
Status: in_force

A. Each school board shall permit each enrolled student who is diagnosed with diabetes, with parental consent and written approval from the prescriber, as that term is defined in § 54.1-3401 , to (i) carry with him and use supplies, including a reasonable and appropriate short-term supply of carbohydrates, an insulin pump, and equipment for immediate treatment of high and low glucose levels; (ii) self-check his own glucose levels on a school bus, on school property, and at a school-sponsored activity; and (iii) carry with him and use a cell phone or smart device, pursuant to subdivision B 4 of § 22.1-79.3:1 , to monitor, address, or contact his parent, the school, or his health care provider to communicate about any matter relating to diabetes care and management needs or decisions, including to self-check his own glucose levels in accordance with clause (ii).

B. A school board employee who is a registered nurse, a licensed practical nurse, or, when applicable, authorized pursuant to subsection H of § 54.1-3408 and who has been trained in the administration of insulin and glucagon may assist a student who is diagnosed with diabetes with the insertion or reinsertion of the student's prescribed insulin pump or any of its parts in accordance with the methods of administration recognized in the most recent edition of American Diabetes Association Standards of Care in Diabetes. For the purposes of this subsection, "employee" has the same meaning as in subsection E of § 22.1-274 . Prescriber authorization and parental consent shall be obtained for any such employee to assist with the insertion or reinsertion of the pump or any of its parts. Nothing in this section shall require any employee to assist with the insertion or reinsertion of the pump or any of its parts. Any school board employee that is authorized pursuant to subsection H of § 54.1-3408 and meets the requirements set forth in applicable law to provide certain diabetes-related care shall (i) be exempt from nursing practice requirements pursuant to subdivision A 9 of § 54.1-3001 ; (ii) not be considered to be engaging in the practice of medicine pursuant to subdivision A 26 of § 54.1-2901 ; and (iii) be immune from civil liability for ordinary negligence in acts or omissions resulting from the rendering of certain diabetes-related care pursuant to subdivision A 11 of § 8.01-225 . Nothing in this section shall be construed to alter or limit the protections provided to school board employees under subsection D of § 22.1-274 .

C. No school board shall prohibit any school board employee from providing any diabetes-related care that such school board employee is authorized and meets the requirements set forth in applicable law to provide, including assisting a student with the insertion or reinsertion of an insulin pump or any of its parts pursuant to subsection B. However, nothing in this subsection shall be construed to prohibit a school board from placing reasonable restrictions or parameters on the implementation of diabetes-related care by school board employees, in conjunction with a student's provider, for the purpose of ensuring the effective, efficient, and safe administration and operation of schools and school personnel, which may be included in the school board's divisionwide plan for the care of students who are diagnosed with diabetes developed and implemented pursuant to § 22.1-274.01:2.

2014, cc. 488 , 554 ; 2017, c. 811 ; 2026, cc. 287 , 288 .
Va. Code Ann. § 22.1-212.1:1 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-212.1:1
Single-sex education
Status: in_force

Consistent with constitutional principles, a school board may establish a single-sex school or class in the school division, if the school board makes available to pupils substantially equal coeducational schools or classes. Participation in such single-sex school or class shall not be required by the school division, and the school board shall ensure that participation by pupils in the single-sex school or class is voluntary. For the purposes of this section, participation by a pupil in a single-sex school or class is voluntary only if the school division also makes available to the pupil a substantially equal coeducational school or class.

1995, c. 582 ; 2009, c. 84 .
Va. Code Ann. § 22.1-137.2 — Virginia Code / Title 22.1 / Chapter 9 / Article 2 / Section 22.1-137.2
Lock-down drills
Status: in_force

A. 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.

B. 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.

2013, c. 609 ; 2016, c. 524 ; 2020, cc. 378 , 1040 ; 2021, Sp. Sess. I, c. 26 .
Va. Code Ann. § 22.1-9 — Virginia Code / Title 22.1 / Chapter 2 / Section 22.1-9
Appointment, terms, and vacancies
Status: in_force

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.

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 .
Va. Code Ann. § 22.1-298.2 — Virginia Code / Title 22.1 / Chapter 15 / Article 2 / Section 22.1-298.2
Regulations governing education preparation programs
Status: in_force

A. As used in this section, "education preparation program" includes four-year bachelor's degree programs in teacher education.

B. Education preparation programs shall meet the requirements for accreditation and program approval as prescribed by the Board of Education in its regulations.

C. The Board of Education regulations shall provide for education preparation programs offered by institutions of higher education, Virginia public school divisions, and certified providers for alternate routes to licensure.

D. The Board may prescribe requirements for admission to Virginia's approved education preparation programs in its regulations.

E. The Board shall establish accountability measures for approved education programs. Data shall be submitted to the Board on not less than a biennial basis.

F. The Board shall review and amend its regulations governing general education teacher preparation programs for kindergarten through twelfth grade to ensure graduates are required to demonstrate proficiency in (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on the individualized education program team; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students.

G. The Board shall review and amend its regulations governing administrator preparation programs to ensure graduates are required to demonstrate comprehension of (i) key special education laws and regulations, (ii) individualized education program development, (iii) the roles and responsibilities of special education teachers, and (iv) appropriate behavior management practices.

2006, cc. 27 , 349 ; 2018, cc. 518 , 748 , 749 ; 2019, cc. 63 , 407 ; 2021, Sp. Sess. I, cc. 451 , 452 .
Va. Code Ann. § 22.1-128 — Virginia Code / Title 22.1 / Chapter 9 / Article 1 / Section 22.1-128
Title to school board real estate
Status: in_force

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.

Code 1950, § 22-150; 1978, c. 26; 1980, c. 559; 1983, c. 32; 1987, c. 188.
Va. Code Ann. § 22.1-86.1 — Virginia Code / Title 22.1 / Chapter 7 / Section 22.1-86.1
Appointment of student representatives to local school boards
Status: in_force

A. 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.

B. 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 .

C. 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.

1999, c. 431 .
Va. Code Ann. § 22.1-296.4 — Virginia Code / Title 22.1 / Chapter 15 / Article 2 / Section 22.1-296.4
Child abuse and neglect data required
Status: in_force

A. Every school board and every governing board or administrator of a private school accredited pursuant to § 22.1-19 shall require, as a condition of employment, that any applicant who is offered or accepts employment requiring direct contact with students, whether full-time or part-time, permanent or temporary, provide written consent and the necessary personal information for the school board, governing board, or administrator to obtain a search of the registry of founded complaints of child abuse and neglect maintained by the Department of Social Services pursuant to § 63.2-1515 . The school board, governing board, or administrator shall ensure that all such searches are requested in conformance with the regulations of the Board of Social Services. In addition, where the applicant has resided in another state within the last five years, the school board, governing board, or administrator shall require as a condition of employment that such applicant provide written consent and the necessary personal information for the school board, governing board, or administrator to obtain information from each relevant state as to whether the applicant was the subject of a founded complaint of child abuse and neglect in such state. The school board, governing board or administrator shall take reasonable steps to determine whether the applicant was the subject of a founded complaint of child abuse and neglect in the relevant state. The Department of Social Services shall maintain a database of central child abuse and neglect registries in other states that provide access to out-of-state school boards, for use by local school boards, governing boards, and administrators. The applicant may be required to pay the cost of any search conducted pursuant to this subsection at the discretion of the school board, governing board, or administrator. From such funds as may be available for this purpose, however, the school board or the governing board or administrator may pay for the search.

The Department of Social Services shall respond to such request by the school board, governing board, or administrator in cases where there is no match within the central registry regarding applicants for employment within 10 business days of receipt of such request. In cases where there is a match within the central registry regarding applicants for employment, the Department of Social Services shall respond to such request by the school board, governing board, or administrator within 30 business days of receipt of such request. The request and response may be sent electronically or by first-class mail or facsimile transmission.

B. If the response obtained pursuant to subsection A indicates that the applicant is the subject of a founded case of child abuse and neglect, such applicant shall be denied employment or the employment shall be rescinded.

C. If an applicant is denied employment because of information appearing on his record in the registry, the school board, governing board, or administrator shall provide a copy of the information obtained from the registry to the applicant. The information provided to the school board, governing board, or administrator by the Department of Social Services shall be confidential and shall not be disseminated by the school board, governing board, or administrator.

1997, c. 103 ; 2000, cc. 95 , 734 ; 2008, c. 555 ; 2009, c. 58 ; 2016, c. 454 ; 2020, c. 300 .
Va. Code Ann. § 22.1-25 — Virginia Code / Title 22.1 / Chapter 4 / Section 22.1-25
How school divisions made
Status: in_force

A. 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.

B. 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.

C. 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.

D. 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.

Code 1950, § 22-30.1; 1978, c. 456; 1980, c. 559; 2004, c. 917 ; 2013, cc. 644 , 805 ; 2015, c. 369 .
Va. Code Ann. § 22.1-346.2 — Virginia Code / Title 22.1 / Chapter 19 / Section 22.1-346.2
Board of Visitors of the Virginia School for the Deaf and the Blind established
Status: in_force

A. As used in this section:

"Deaf" means having a hearing impairment so severe as to impair the individual from processing linguistic information through hearing, with or without amplification, that adversely affects such individual's educational performance.

"Hard of hearing" means having an impairment in hearing in one or both ears, with or without amplification, whether permanent or fluctuating, that adversely affects an individual's educational performance. "Hard of hearing" does not include "deaf."

"Vision impaired" means having an impairment in vision that, even with correction, adversely affects an individual's educational performance. "Vision impaired" includes both having partial sight and blindness.

B. There is hereby established the Board of Visitors of the Virginia School for the Deaf and the Blind (Board of Visitors), as a policy agency in the executive branch of state government under the name of the "Virginia School for the Deaf and the Blind," for the purpose of governing the educational programs and services to deaf, blind, and multi-disabled students enrolled at the Virginia School for the Deaf and the Blind.

C. The Board of Visitors shall have a total membership of 15 members that shall consist of four legislative members and 11 nonlegislative citizen members. Members shall be appointed as follows: two members of the House of Delegates, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; two members of the Senate, to be appointed by the Senate Committee on Rules; and 11 nonlegislative citizen members, of whom two shall be parents of current students at the Virginia School for the Deaf and the Blind, of whom (i) one shall be the parent of a student who is deaf or hard of hearing and one shall be the parent of a student who is vision impaired and (ii) one shall represent the Eastern region of the Commonwealth and one shall represent the Western region of the Commonwealth, two shall be representatives of the Virginia School for the Deaf and the Blind Alumni Association who are deaf or hard of hearing, and two shall be representatives of the Virginia School for the Deaf and the Blind Alumni Association who are vision impaired, to be appointed by the Governor, subject to confirmation by the General Assembly. Nonlegislative citizen members of the Board of Visitors shall be citizens of the Commonwealth. Legislative members of the Board of Visitors shall serve terms coincident with their terms of office. After the initial staggering of terms, nonlegislative members appointed shall serve for four-year terms. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. However, no House member shall serve more than four consecutive two-year terms, no Senate member shall serve more than two consecutive four-year terms, and no nonlegislative member appointed by the Governor shall serve more than two consecutive four-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

The Board of Visitors shall elect a chairman and vice-chairman from among its membership. The Board of Visitors shall elect a secretary, who shall keep an accurate record of the proceedings of the Board of Visitors and of the executive committee if one is created by the Board of Visitors, and such other officers as the Board deems appropriate. A majority of the members shall constitute a quorum. The Board of Visitors shall meet no less than four times each year. The meetings of the Board of Visitors shall be held at the call of the chairman or whenever the majority of the members so request. Notice of all meetings shall be made in accordance with the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). Notice of meetings to the public shall, pursuant to subsection G of § 2.2-3707 , state whether public comment will be received at the meeting and, if so, the approximate point during the meeting when public comment will be received. At any meeting at which public comment will be received, each speaker shall be allotted three minutes to speak. To ensure that all interested parties are given reasonable opportunity to be heard, the time allotted for each speaker to give public comment shall not be limited extemporaneously or without adequate notice prior to the date on which such meeting is scheduled.

D. Legislative members of the Board of Visitors shall receive such compensation as provided in § 30-19.12 , and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813 . All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of expenses of the members shall be provided from such funds as may be appropriated to the Board of Visitors, in accordance with the appropriations act.

E. The Superintendent shall designate a member of the staff of the Department to serve as a consultant to the Board of Visitors on matters pertaining to instruction, federal and state special education requirements, and school accreditation, and to provide technical assistance to assist the Board of Visitors in meeting specific instructional and school accreditation needs.

F. The Board of Visitors shall have the following powers and duties:

1. Establish such rules, policies, and regulations for the governance of the Virginia School for the Deaf and the Blind.

2. Prescribe the criteria and procedures governing admissions to the school, and the review of student placement, to ensure the appropriateness of the placement and instructional program of each student admitted to the school, pursuant to § 22.1-348 and in accordance with federal and state special education laws and regulations.

3. Establish a policy governing the transportation of students at the school to permit frequent home visits by students, and to provide to each student transportation to and from the school and the place of residence of such student's parent or guardian whenever the school is officially closed.

4. Prescribe and approve the education programs of the Virginia School for the Deaf and the Blind, in consultation with the Department, the Department for the Deaf and Hard-of-Hearing, and the Department for the Blind and Vision Impaired.

5. Appoint and supervise the superintendent, other officers, and the faculty of the school. The superintendent shall be appointed every two years and the other officers and faculty annually. However, the superintendent, with the approval of the chairman of the Board of Visitors, shall be authorized to fill vacancies in positions appointed by the Board of Visitors occurring between meetings of the Board of Visitors. The Board of Visitors may remove at any time the superintendent, other officers, faculty, and employees for cause, subject to the provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2.

6. Establish the qualifications, duties, and compensation of the superintendent, other officers, faculty, and employees of the school.

7. Prepare and submit to the Governor and the General Assembly an annual report detailing the curricula and other educational programs and services of the school, including receipts and disbursements pertaining to the operation of the school for each fiscal year ending on June 30.

G. The Board of Visitors is hereby authorized to establish and maintain a campus security department and to employ campus security personnel therein.

2009, c. 210 ; 2011, cc. 691 , 714 ; 2022, c. 355 ; 2023, c. 428 ; 2024, c. 351 .