Va. Code Ann. § 22.1-375 — Virginia Code / Title 22.1 / Chapter 27 / Article 5 / Section 22.1-375
Course placement
Status: in_force

When a student transfers into a school division before or during the school year, such school division shall initially honor placement of the student in educational courses based on the student's enrollment in the school in the sending state or the sending country or educational assessments conducted at the school in the sending state or the sending country if such courses are offered. Such courses include honors, International Baccalaureate, Advanced Placement, vocational, technical, and career pathways courses and any other courses for which the school division is able to honor placement of such student. Continuing the student's academic program from the school in the sending state or the sending country and promoting placement in academically challenging and career-challenging courses should be paramount when considering course placement. Nothing in this section shall be construed to preclude school divisions from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in educational courses.

2023, c. 783 ; 2025, c. 445 .
Va. Code Ann. § 22.1-142 — Virginia Code / Title 22.1 / Chapter 10 / Section 22.1-142
How Fund constituted; management
Status: in_force

There shall be set apart as a permanent and perpetual fund, to be known as the "Literary Fund," the present Literary Fund of the Commonwealth, donations to the Literary Fund, sums appropriated to the Literary Fund, all funds received by the State Treasurer and required to be deposited in the Literary Fund pursuant to Chapter 25 (§ 55.1-2500 et seq.) of Title 55.1 and the proceeds of (i) all public lands donated by Congress for public school purposes, (ii) all escheated property, (iii) all waste and unappropriated lands, (iv) all property accruing to the Commonwealth by forfeiture except those items specifically exempted, (v) all fines collected for offenses committed against the Commonwealth, and (vi) the annual interest on the Literary Fund. The Literary Fund shall be invested and managed by the Board of Education as prescribed by § 22.1-145 .

Code 1950, § 22-101; 1971, Ex. Sess., c. 128; 1980, c. 559; 2012, cc. 283 , 756 .
Va. Code Ann. § 22.1-199.4 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-199.4
At-Risk Student Academic Achievement Program and Fund
Status: in_force

A. From such funds as may be appropriated for such purpose and from such gifts, donations, grants, bequests, and other funds as may be received on its behalf, there is hereby established the At-Risk Student Academic Achievement Program, to be administered by the Board of Education, and a special nonreverting fund within the Department of the Treasury known as the At-Risk Student Academic Achievement Fund, hereafter referred to as the "Fund." The Fund shall be established on the books of the Comptroller, and any moneys remaining in such Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on such funds shall remain in the Fund and be credited to it.

The Department of the Treasury shall administer and manage the Fund, subject to the authority of the Board of Education to provide for its disbursement. The Fund shall be disbursed to award noncompetitive grants to public school divisions to implement research-based programs or programs identified as best practices that are designed to improve the academic achievement of at-risk public school students on the Standards of Learning assessments and decrease the rate of dropout among at-risk public school students.

B. The amount of grants and required local matching funds shall be determined as provided in the appropriation act.

Funds received through this Program shall be used to supplement, not supplant, any local funds currently provided for at-risk programs within the school division.

C. The Board may issue guidelines governing the Program as it deems necessary and appropriate.

2004, c. 456 ; 2016, cc. 720 , 750 .
Va. Code Ann. § 22.1-287 — Virginia Code / Title 22.1 / Chapter 14 / Article 5 / Section 22.1-287
Limitations on access to records
Status: in_force

A. No teacher, principal or employee of any public school nor any school board member shall permit access to any records concerning any particular pupil enrolled in the school in any class to any person except under judicial process unless the person is one of the following:

1. Either parent of such pupil or such pupil; provided that a school board may require that such pupil, if he be less than 18 years of age, as a condition precedent to access to such records, furnish written consent of his or her parent for such access;

2. A person designated in writing by such pupil if the pupil is 18 years of age or older or by either parent of such pupil if the pupil is less than 18 years of age;

3. The principal, or someone designated by him, of a school where the pupil attends, has attended, or intends to enroll;

4. The current teachers of such pupil;

5. State or local law-enforcement or correctional personnel, including a law-enforcement officer, probation officer, parole officer or administrator, or a member of a parole board, seeking information in the course of his duties;

6. The Superintendent of Public Instruction, a member of his staff, the division superintendent of schools where the pupil attends, has attended, or intends to enroll or a member of his staff;

7. An officer or employee of a county or city agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency.

B. A parent or pupil entitled to see the records pursuant to subdivision A 1 shall have access to all records relating to such pupil maintained by the school except as otherwise provided by law and need only appear in person during regular hours of the school day and request to see such records. No material concerning such pupil shall be edited or withheld except as otherwise provided by law, and the parent or pupil shall be entitled to read such material personally.

C. The giving of information by school personnel concerning participation in athletics and other school activities, the winning of scholastic or other honors and awards, and other like information shall be governed by the provisions of § 22.1-287.1 .

D. Notwithstanding the restrictions imposed by this section:

1. A division superintendent of schools may, in his discretion, provide information to the staff of an institution of higher education or educational research and development organization or laboratory if such information is necessary to a research project or study conducted, sponsored, or approved by the institution of higher education or educational research and development organization or laboratory and if no pupil will be identified by name in the information provided for research;

2. The name and address of a pupil, the record of a pupil's daily attendance, a pupil's scholastic record in the form of grades received in school subjects, the names of a pupil's parents, a pupil's date and place of birth, and the names and addresses of other schools a pupil has attended may be released to an officer or employee of the United States government seeking this information in the course of his duties when the pupil is a veteran of military service with the United States, an orphan or dependent of such veteran, or an alien;

3. The record of a pupil's daily attendance shall be open for inspection and reproduction to an employee of a local department of social services who needs the record to determine the eligibility of the pupil's family for public assistance and social services;

4. The principal or his designee may disclose identifying information from a pupil's scholastic record for the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior to adjudication. In addition to those agencies or personnel identified in subdivisions A 5 and 7, the principal or his designee may disclose identifying information from a pupil's scholastic record to attorneys for the Commonwealth, court services units, juvenile detention centers or group homes, mental and medical health agencies, state and local children and family service agencies, and the Department of Juvenile Justice and to the staff of such agencies. Prior to disclosure of any such scholastic records, the persons to whom the records are to be disclosed shall certify in writing to the principal or his designee that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the pupil or by such pupil if the pupil is 18 years of age or older.

Code 1950, § 22-275.26; 1975, c. 639; 1976, c. 682; 1980, c. 559; 1981, c. 535; 1996, c. 1000 ; 1997, c. 910 ; 2002, c. 747 ; 2007, cc. 48 , 555 ; 2018, c. 806 .
Va. Code Ann. § 22.1-388 — Virginia Code / Title 22.1 / Chapter 31 / Section 22.1-388
(Effective pursuant to Section 11) Interstate Compact for School Psychologists
Status: in_force

The General Assembly hereby enacts, and the Commonwealth of Virginia hereby enters into, the Interstate Compact for School Psychologists with any and all states legally joining therein according to its terms, in the form substantially as follows:

INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS.

Section 1. Purpose.

The purpose of this Compact is to facilitate the interstate practice of school psychology in educational or school settings, and in so doing to improve the availability of school psychological services to the public. This Compact is intended to establish a pathway to allow school psychologists to obtain equivalent licenses to provide school psychological services in any member state. In this way, this Compact shall enable the member states to ensure that safe and effective school psychological services are available and delivered by appropriately qualified professionals in their educational settings.

To facilitate the objectives described above, this Compact:

1. Enables school psychologists who qualify for receipt of an equivalent license to practice in other member states without first satisfying burdensome and duplicative requirements;

2. Promotes the mobility of school psychologists between and among the member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state;

3. Enhances the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states;

4. Preserves and respects the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state;

5. Requires school psychologists practicing within a member state to comply with the scope of practice laws present in the state where the school psychological services are being provided;

6. Promotes cooperation between the member states in regulating the practice of school psychology within those states; and

7. Facilitates the relocation of military members and their spouses who are licensed to provide school psychological services.

Section 2. Definitions.

As used in this Compact, unless the context requires otherwise, the following definitions shall apply:

"Active military member" means any person with full-time duty status in the Armed Forces of the United States, including members of the National Guard and Reserve.

"Adverse action" means disciplinary action or encumbrance imposed on a license by a state licensing authority.

"Alternative program" means a non-disciplinary, prosecutorial diversion, monitoring, or practice remediation process entered into in lieu of an adverse action that is applicable to a school psychologist and approved by the state licensing authority of a member state in which the participating school psychologist is licensed. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues may be referred in lieu of an adverse action.

"Commissioner" means the individual appointed by a member state to serve as the representative to the Commission for that member state.

"Compact" means this School Psychologist Interstate Licensure Compact, also known as the Interstate Compact for School Psychologists.

"Continuing professional education" means a requirement imposed by a member state as a condition of license renewal to provide evidence of successful participation in professional educational activities relevant to the provision of school psychological services.

"Criminal background check" means the submission of fingerprints or other biometric information for a license applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d), in the state's criminal history record repository, as defined in 28 C.F.R. § 20.3(f).

"Doctoral-level degree" means a graduate degree program that consists of at least 90 graduate semester hours in the field of school psychology, including a supervised internship.

"Encumbered license" means a license that a state licensing authority has limited in any way other than through an alternative program, including any temporary or provisional license.

"Equivalent license" means a license to practice school psychology that a member state has identified as a license that may be provided to school psychologists from other member states pursuant to this Compact.

"Executive committee" means the Commission's chair, vice-chair, secretary, and treasurer and any other commissioners as may be determined by Commission rule or bylaw.

"Home state" means the member state that issued the home state license to the licensee and is the licensee's primary state of practice.

"Home state license" means the license that is not an encumbered license issued by the home state to provide school psychological services.

"License" means a current license, certification, or other authorization granted by a member state's state licensing authority that permits an individual to provide school psychological services.

"Licensee" means an individual who holds a license from a member state to provide school psychological services.

"Member state" means a state that has enacted the Compact and has been admitted to the Commission in accordance with the provisions herein and Commission rules.

"Model compact" means the model language for the School Psychologist Interstate Licensure Compact on file with the Council of State Governments or another entity as designated by the Commission.

"Practice of school psychology" means the delivery of school psychological services.

"Qualifying national exam" means a national licensing examination endorsed by the National Association of School Psychologists and any other exam as approved by the rules of the Commission.

"Qualifying school psychologist education program" means an education program that awards a specialist-level degree or doctoral-level degree or equivalent upon completion and is approved by the rules of the Commission as meeting the necessary minimum educational standards to ensure that its graduates are ready, qualified, and able to engage in the practice of school psychology.

"Remote state" means a member state other than the home state where a licensee holds a license through the Compact.

"Rule" means a regulation promulgated by an entity, including the Commission and the state licensing authority of each member state, that has the force of law.

"School psychological services" means academic, mental, and behavioral health services, including assessment, prevention, consultation and collaboration, intervention, and evaluation provided by a school psychologist in a school, as outlined in applicable professional standards as determined by Commission rule.

"School psychologist" means an individual who has met the requirements to obtain a home state license that legally conveys the professional title of school psychologist, or its equivalent as determined by the rules of the Commission.

"School Psychologist Interstate Licensure Compact Commission" or "Commission" means the joint government agency established by this Compact whose membership consists of representatives from each member state that has enacted the Compact, and as further described in § 7.

"Scope of practice" means the procedures, actions, and processes a school psychologist licensed in a state is permitted to undertake in that state and the circumstances under which that licensee is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they may be undertaken, may be established through means including statute, regulations, case law, and other processes available to the state licensing authority or other government agency.

"Specialist-level degree" means a degree program that requires at least 60 graduate semester hours or equivalent in the field of school psychology including a supervised internship.

"State" means any state, commonwealth, district, or territory of the United States of America.

"State licensing authority" means a member state's regulatory body responsible for issuing licenses or otherwise overseeing the practice of school psychology.

"State-specific requirement" means a requirement for licensure covered in coursework or examination that includes content of unique interest to the state.

"Unencumbered license" means a license that authorizes a licensee to engage in the full and unrestricted practice of school psychology.

Section 3. State Participation in the Compact.

A. To be eligible to join this Compact, and to maintain eligibility as a member state, a state shall:

1. Enact a compact statute that is not materially different from the model compact, as defined in the Commission's rules;

2. Participate in the sharing of information with other member states as reasonably necessary to accomplish the objectives of this Compact, and as further defined in § 8;

3. Identify and maintain with the Commission a list of equivalent licenses available to licensees who hold a home state license under this Compact;

4. Have a mechanism in place for receiving and investigating complaints about licensees;

5. Notify the Commission, in compliance with the terms of the Compact and the Commission's rules, of any adverse action taken against a licensee, or of the availability of investigative information that relates to a licensee or applicant for licensure;

6. Require that applicants for a home state license have;

a. Taken and passed a qualifying national exam as defined by the rules of the Commission;

b. Completed a minimum of 1,200 hours of supervised internship, of which at least 600 shall have been completed in a school, prior to being approved for licensure; and

c. Graduated from a qualifying school psychologist education program; and

7. Comply with the terms of this Compact and the rules of the Commission.

B. Each member state shall grant an equivalent license to practice school psychology in that state upon application by a licensee who satisfies the criteria of subsection A of § 4. Each member state shall grant renewal of the equivalent license to a licensee who satisfies the criteria of subsection B of § 4.

C. Member states may set and collect a fee for granting an equivalent license.

Section 4. School Psychologist Participation in the Compact.

A. To obtain and maintain an equivalent license from a remote state under this Compact, a licensee shall:

1. Hold and maintain an active home state license;

2. Satisfy any applicable state-specific requirements established by the member state after an equivalent license is granted;

3. Complete any administrative or application requirements that the Commission may establish by rule and pay any associated fees;

4. Complete any requirements for renewal in the home state, including applicable continuing professional education requirements; and

5. Upon their application to receive a license under this Compact, undergo a criminal background check in the member state in which the equivalent license is sought in accordance with the laws and regulations of such member state.

B. To renew an equivalent license in a member state other than the home state, a licensee shall only apply for renewal, complete a criminal background check, and pay renewal fees as determined by the state licensing authority.

Section 5. Active Military Members or Their Spouses

A licensee who is an active military member or is the spouse of an active military member shall be deemed to hold a home state license in any of the following locations:

1. The licensee's permanent residence;

2. A member state that is the licensee's primary state of practice; or

3. A member state to which the licensee has relocated pursuant to a permanent change of station.

Section 6. Discipline/Adverse Actions.

A. Nothing in this Compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on licensees according to the state practice laws thereof.

B. Member states shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of licensees in other member states upon request. Any member state receiving such files or information shall protect and maintain the security and confidentiality thereof in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state that originally provided that information.

Section 7. Establishment of the School Psychologist Interstate Licensure Compact Commission.

A. The member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the Compact, and this agency shall be known as the School Psychologist Interstate Licensure Compact Commission. The Commission is an instrumentality of the member states acting jointly and not an instrumentality of any one state. The Commission shall come into existence on or after the effective date of the Compact as set forth in § 11.

B. Membership, Voting, and Meetings.

1. Each member state shall have, and be limited to, one delegate selected by that member state's state licensing authority.

2. The delegate shall be the primary administrative officer of the member state's state licensing authority or their designee who is an employee of the member state's state licensing authority.

3. The Commission shall, by rule or bylaw, establish a term of office for delegates and may, by rule or bylaw, establish term limits.

4. The Commission may recommend removal or suspension of any delegate from office.

5. A member state's state licensing authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

6. Each delegate shall be entitled to one vote on all matters before the Commission requiring a vote by Commission delegates.

7. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.

8. The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.

C. The Commission shall have the following powers:

1. Establish the fiscal year of the Commission;

2. Establish code of conduct and conflict of interest policies;

3. Establish and amend rules and bylaws;

4. Establish the procedure through which a licensee may change their home state;

5. Maintain its financial records in accordance with the bylaws;

6. Meet and take such actions as are consistent with the provisions of this Compact, the Commission's rules, and the bylaws;

7. Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any member state's state licensing authority to sue or be sued under applicable law shall not be affected;

8. Maintain and certify records and information provided to a member state as the authenticated business records of the Commission and designate an agent to do so on the Commission's behalf;

9. Purchase and maintain insurance and bonds;

10. Borrow, accept, or contract for services of personnel, including employees of a member state;

11. Conduct an annual financial review;

12. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

13. Assess and collect fees;

14. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;

15. Lease, purchase, retain, own, hold, improve, or use any property, whether real, personal, or mixed, or any undivided interest therein;

16. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property whether real, personal, or mixed;

17. Establish a budget and make expenditures;

18. Borrow money;

19. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

20. Provide and receive information from, and cooperate with, law-enforcement agencies;

21. Establish and elect an executive committee, including a chair and a vice-chair;

22. Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the Compact; and

23. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

D. The executive committee.

1. The executive committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the executive committee shall include:

a. Overseeing the day-to-day activities of the administration of the Compact, including enforcement and compliance with the provisions of the Compact and its rules and bylaws and other such duties as deemed necessary;

b. Recommending to the Commission changes to the rules or bylaws, changes to this Compact legislation, fees charged to member states, fees charged to licensees, and other fees;

c. Ensuring that Compact administration services are appropriately provided, including by contract;

d. Preparing and recommending the budget;

e. Maintaining financial records on behalf of the Commission;

f. Monitoring the compliance of member states with the Compact and providing compliance reports to the Commission;

g. Establishing additional committees as necessary;

h. Exercising the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by rule or bylaw; and

i. Performing other duties as provided in the rules or bylaws of the Commission.

2. The executive committee shall be composed of up to seven members:

a. The chair and vice-chair of the Commission shall be voting members of the executive committee; and

b. The Commission shall elect up to five additional voting members from the current membership of the Commission.

3. The Commission may remove any member of the executive committee as provided in the Commission's bylaws.

4. The executive committee shall meet at least annually.

5. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in subdivision F 2.

6. The executive committee shall give 30 days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.

7. The executive committee may hold a special meeting in accordance with subdivision F 1 b.

E. The Commission shall adopt and provide to the member states an annual report.

F. Meetings of the Commission.

1. All meetings shall be open to the public, except that the Commission may meet in a closed, nonpublic meeting as provided in subdivision F 2.

a. Public notice for all meetings of the full Commission shall be given in the same manner as required under the rulemaking provisions in § 9, except that the Commission may hold a special meeting as provided in subdivision F 1 b.

b. The Commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours' notice to all commissioners on the Commission's website and by other means as provided in the Commission's rules. The Commission's legal counsel shall certify that the Commission's need to meet qualifies as an emergency.

2. The Commission or the executive committee or other committees of the Commission may convene in a closed, nonpublic meeting for the Commission or executive committee or other committees of the Commission to receive legal advice or to discuss:

a. Noncompliance of a member state with its obligations under the Compact;

b. The employment, compensation, or discipline of or other matters, practices, or procedures related to specific employees;

c. Current or threatened discipline of a licensee by the Commission or by a member state's state licensing authority;

d. Current, threatened, or reasonably anticipated litigation;

e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

f. Accusations of a crime against any person or the formal censuring of any person;

g. Trade secrets or commercial or financial information that is privileged or confidential;

h. Information of a personal nature for which disclosure would constitute a clearly unwarranted invasion of personal privacy;

i. Investigative records compiled for law-enforcement purposes;

j. Information related to any investigative reports prepared by or on behalf of or for use of the Commission or another committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;

k. Matters specifically exempted from disclosure by federal or member state law; or

l. Other matters as promulgated by the Commission by rule.

3. If a meeting or any portion of a meeting is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision and such reference shall be recorded in the minutes.

4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

G. Financing of the Commission.

1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources as provided in subdivision C 14.

3. The Commission may levy on and collect from each member state an annual assessment and impose fees on licensees practicing in the member states under an equivalent license to cover the cost of the operations and activities of the Commission and its staff, which assessment and fees shall be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the Commission shall promulgate by rule.

4. The Commission shall neither incur obligations of any kind prior to securing the funds adequate to meet the same nor pledge the credit of any of the member states except by and with the authority of the member state.

5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant and the report of such financial review shall be included in and become part of the annual report of the Commission.

H. Qualified immunity, defense, and indemnification.

1. The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted in this subdivision.

2. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to prohibit that person from retaining his own counsel at his own expense and provided further that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

4. Nothing in this Compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the federal Sherman Act, 15 U.S.C. § 1 et seq., the federal Clayton Act, 15 U.S.C. § 12 et seq., or any other state or federal antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the member states or by the Commission.

Section 8. Facilitating Information Exchange.

A. The Commission shall provide for facilitating the exchange of information to administer and implement the provisions of this Compact in accordance with the rules of the Commission, consistent with generally accepted data protection principles.

B. Notwithstanding any other provision of state law to the contrary, a member state shall agree to provide for the facilitation of the following licensee information as required by the rules of the Commission:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license and information related thereto;

4. Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law;

5. Any denial of application for licensure, and the reason for such denial;

6. The presence of investigative information; and

7. Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the rules of the Commission.

C. Nothing in this Compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the member state.

Section 9. Rulemaking.

A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

B. The Commission shall promulgate reasonable rules to achieve the intent and purpose of this Compact. In the event the Commission exercises its rulemaking authority in a manner that is beyond the purpose and intent of this Compact or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law in the member states.

C. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

D. Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the Commission in accordance with Commission rules and bylaws.

E. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

1. On the website of the Commission or other publicly accessible platform; and

2. On the website of each member state's state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

F. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with 48 hours' notice and with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible but in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or member state funds;

3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

4. Protect public health and safety.

Section 10. Oversight, Dispute Resolution, and Enforcement.

A. Oversight.

1. The executive and judicial branches of the state government in each member state shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.

2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.

3. The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

B. Default, technical assistance, and termination.

1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.

2. The Commission shall provide a copy of the notice of default to the other member states.

C. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a supermajority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority, and each of the member states' state licensing authorities.

E. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

F. Upon the termination of a state's membership from this Compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of six months after the date of such notice of termination.

G. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

H. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

I. Dispute resolution.

1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.

2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

J. Enforcement.

1. By majority vote as provided by rule, the Commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting member state's law.

2. A member state may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

3. No person other than a member state shall enforce this Compact against the Commission.

Section 11. Effective Date, Withdrawal, and Amendment.

A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh member state.

1. On or after the effective date of the Compact indicated above, the Commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model Compact statute.

a. A charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in § 10.

b. If any member state is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of member states should be less than seven.

2. Member states enacting the Compact subsequent to the charter member states shall be subject to the process set forth in subdivision C 22 of § 7 to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

3. All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.

a. Any state that joins the Compact subsequent to the Commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

b. Any member state may withdraw from this Compact by enacting a statute repealing the same.

B. A member state's withdrawal shall not take effect until 180 days after enactment of the repealing statute.

C. Withdrawal shall not affect the continuing requirement of the withdrawing state's state licensing authority to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.

D. Upon the enactment of a statute withdrawing from this Compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of six months after the date of such notice of withdrawal.

1. Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.

2. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

Section 12. Construction and Severability.

A. This Compact and the Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the Commission's rulemaking authority solely for those purposes.

B. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, of a state seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.

C. Notwithstanding subsection B, the Commission may deny a state's participation in the Compact or, in accordance with the requirements of subsection B of § 10, terminate a member state's participation in the Compact if it determines that a constitutional requirement of a member state is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

Section 13. Consistent Effect and Conflict with Other State Laws.

A. Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the Compact.

B. Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the Compact are superseded to the extent of the conflict.

C. All permissible agreements between the Commission and the member states are binding in accordance with their terms.

2026, c. 374 .
Va. Code Ann. § 22.1-200.03 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-200.03
Economics education and financial literacy required in middle and high school grades; Board of Education to establish objectives for economic education and financial literacy; banking-at-school programs
Status: in_force

A. Instruction in the principles of the American economic system shall be required in the public middle and high schools of the Commonwealth to promote economics education and financial literacy of students and to further the development of knowledge, skills, and attitudes needed for responsible citizenship in a constitutional democracy.

B. The Board of Education shall develop and approve objectives for economics education and financial literacy at the middle and high school levels, that shall be required of all students, and shall provide for the systematic infusion of economic principles in the relevant Standards of Learning, and in career and technical education programs. The objectives shall include personal living and finances; personal and business money management skills; opening an account in a financial institution and judging the quality of a financial institution's services; balancing a checkbook; completing a loan application; the implications of and differences between various employment arrangements with regard to benefits, protections, and long-term financial sustainability; the implications of an inheritance; the basics of personal insurance policies; consumer rights and responsibilities; dealing with salesmen and merchants; debt management; managing retail and credit card debt; evaluating the economic value of postsecondary studies, including the net cost of attendance, potential student loan debt, and potential earnings; state and federal tax computation; local tax assessments; computation of interest rates by various mechanisms; understanding simple contracts; and learning how to contest an incorrect bill.

C. To facilitate the objectives of economics education and financial literacy through practical experiences, the Department shall confer with the State Corporation Commission's Bureau of Financial Institutions, and financial and relevant professional organizations in the development of guidelines for such literacy objectives. The guidelines shall include (i) rules and policies governing the establishment, operation, and dissolution of school banks and school credit unions; (ii) written agreements between partnering public schools and financial institutions, including the disposition of funds donated or other financial contributions provided by the partnering financial institution; and (iii) such other matters as the Department may deem appropriate.

D. The Board shall not be required to evaluate student achievement concerning economics education and financial literacy objectives in the Standards of Learning assessments required by § 22.1-253.13:3 .

E. For the purposes of this section:

"At-risk and disadvantaged students" means students having socioeconomic or cultural risk factors that research indicates may negatively influence academic achievement or may hinder an individual in reaching his life goals.

"Employment arrangements" means full-time employment, part-time employment, independent contract work, gig work, piece work, contingent work, day labor work, freelance work, and 1099 work.

"Financial institution" means a bank, savings and loan association, savings bank, or credit union authorized to conduct business in the Commonwealth.

"High school" includes grades nine through 12.

"Middle school" includes grades six through eight.

2005, c. 741 ; 2017, c. 522 ; 2021, Sp. Sess. I, c. 25 .
Va. Code Ann. § 22.1-253.13:1 — Virginia Code / Title 22.1 / Chapter 13.2 / Section 22.1-253.13:1
Standard 1. Instructional programs supporting the Standards of Learning and other educational objectives
Status: in_force

A. The General Assembly and the Board believe that the fundamental goal of the public schools of the Commonwealth must be to enable each student to develop the skills that are necessary for success in school, preparation for life, and reaching their full potential. The General Assembly and the Board find that the quality of education is dependent upon the provision of (i) the appropriate working environment, benefits, and salaries necessary to ensure the availability of high-quality instructional personnel; (ii) the appropriate learning environment designed to promote student achievement; (iii) quality instruction that enables each student to become a productive and educated citizen of Virginia and the United States of America; and (iv) the adequate commitment of other resources. In keeping with this goal, the General Assembly shall provide for the support of public education as set forth in Article VIII, § 1 of the Constitution of Virginia.

B. The Board shall establish educational objectives known as the Standards of Learning, which shall form the core of Virginia's educational program, and other educational objectives, which together are designed to ensure the development of the skills that are necessary for success in school and for preparation for life in the years beyond. At a minimum, the Board shall establish Standards of Learning for English, mathematics, science, and history and social science. The Standards of Learning shall not be construed to be regulations as defined in § 2.2-4001 .

The Board shall seek to ensure that the Standards of Learning are consistent with a high-quality foundation educational program. The Standards of Learning shall include, but not be limited to, the basic skills of communication (listening, speaking, reading, and writing); computation and critical reasoning, including problem solving and decision making; proficiency in the use of computers and related technology; computer science and computational thinking, including computer coding; and the skills to manage personal finances and to make sound financial decisions.

The English Standards of Learning for reading in kindergarten through grade eight shall align with evidence-based literacy instruction and science-based reading research.

The Standards of Learning in all subject areas shall be subject to regular review and revision to maintain rigor and to reflect a balance between content knowledge and the application of knowledge in preparation for eventual employment and lifelong learning. The Board shall establish a regular schedule, in a manner it deems appropriate, for the review, and revision as may be necessary, of the Standards of Learning in all subject areas. Such review of each subject area shall occur at least once every seven years. Nothing in this section shall be construed to prohibit the Board from conducting such review and revision on a more frequent basis.

To provide appropriate opportunity for input from the general public, teachers, and local school boards, the Board shall conduct public hearings prior to establishing revised Standards of Learning. Thirty days prior to conducting such hearings, the Board shall give notice of the date, time, and place of the hearings to all local school boards and any other persons requesting to be notified of the hearings and publish notice of its intention to revise the Standards of Learning in the Virginia Register of Regulations. Interested parties shall be given reasonable opportunity to be heard and present information prior to final adoption of any revisions of the Standards of Learning.

In addition, the Department shall make available and maintain a website, either separately or through an existing website utilized by the Department, enabling public elementary, middle, and high school educators to submit recommendations for improvements relating to the Standards of Learning, when under review by the Board according to its established schedule, and related assessments required by the Standards of Quality pursuant to this chapter. Such website shall facilitate the submission of recommendations by educators.

School boards shall implement the Standards of Learning or objectives specifically designed for their school divisions that are equivalent to or exceed the Board's requirements. Students shall be expected to achieve the educational objectives established by the school division at appropriate age or grade levels. The curriculum adopted by the local school division shall be aligned to the Standards of Learning.

The Board shall include in the Standards of Learning for history and social science the study of contributions to society of diverse people. For the purposes of this subsection, "diverse" includes consideration of disability, ethnicity, race, and gender.

The Board shall include in the Standards of Learning for health instruction in emergency first aid, cardiopulmonary resuscitation, and the use of an automated external defibrillator, including hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. Such instruction shall be based on the current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator, such as a program developed by the American Heart Association or the American Red Cross. No teacher who is in compliance with subdivision D 3 of § 22.1-298.1 shall be required to be certified as a trainer of cardiopulmonary resuscitation to provide instruction for non-certification.

The Board shall include in the Standards of Learning for physical and health education for grade nine or 10 research-based hazing prevention instruction, in accordance with the Standards of Learning and curriculum guidelines for research-based hazing prevention instruction developed by the Board pursuant to subsection B of § 22.1-207 .

With such funds as are made available for this purpose, the Board shall regularly review and revise the competencies for career and technical education programs to require the full integration of English, mathematics, science, and history and social science Standards of Learning. Career and technical education programs shall be aligned with industry and professional standard certifications, where they exist.

The Board shall establish content standards and curriculum guidelines for courses in career investigation in elementary school, middle school, and high school. Each school board shall (i) require each middle school student to take at least one course in career investigation or (ii) select an alternate means of delivering the career investigation course to each middle school student, provided that such alternative is equivalent in content and rigor and provides the foundation for such students to develop their academic and career plans. Any school board may require (a) such courses in career investigation at the high school level as it deems appropriate, subject to Board approval as required in subsection A of § 22.1-253.13:4 , and (b) such courses in career investigation at the elementary school level as it deems appropriate. The Board shall develop and disseminate to each school board career investigation resource materials that are designed to ensure that students have the ability to further explore interest in career and technical education opportunities in middle and high school. In developing such resource materials, the Board shall consult with representatives of career and technical education, industry, skilled trade associations, chambers of commerce or similar organizations, and contractor organizations.

C. Local school boards shall develop and implement a program of instruction for grades K through 12 that is aligned to the Standards of Learning and meets or exceeds the requirements of the Board. The program of instruction shall emphasize reading, writing, speaking, mathematical concepts and computations, proficiency in the use of computers and related technology, computer science and computational thinking, including computer coding, and scientific concepts and processes; essential skills and concepts of citizenship, including knowledge of Virginia history and world and United States history, economics, government, foreign languages, international cultures, health and physical education, environmental issues, and geography necessary for responsible participation in American society and in the international community; fine arts, which may include, but need not be limited to, music and art, and practical arts; knowledge and skills needed to qualify for further education, gainful employment, or training in a career or technical field; and development of the ability to apply such skills and knowledge in preparation for eventual employment and lifelong learning and to achieve economic self-sufficiency.

Local school boards shall also develop and implement programs of prevention, intervention, or remediation for students who are educationally at risk including, but not limited to, those who fail to achieve a passing score on any Standards of Learning assessment in grades three through eight or who fail an end-of-course test required for the award of a verified unit of credit. Such programs shall include components that are research-based.

Any student who achieves a passing score on one or more, but not all, of the Standards of Learning assessments for the relevant grade level in grades three through eight may be required to attend a remediation program.

Any student who fails to achieve a passing score on all of the Standards of Learning assessments for the relevant grade level in grades three through eight or who fails an end-of-course test required for the award of a verified unit of credit shall be required to attend a remediation program or to participate in another form of remediation. Division superintendents shall require such students to take special programs of prevention, intervention, or remediation, which may include attendance in public summer school programs, in accordance with clause (ii) of subsection A of § 22.1-254 and § 22.1-254.01 .

Remediation programs shall include, when applicable, a procedure for early identification of students who are at risk of failing the Standards of Learning assessments in grades three through eight or who fail an end-of-course test required for the award of a verified unit of credit. Such programs may also include summer school for all elementary and middle school grades and for all high school academic courses, as defined by regulations promulgated by the Board, or other forms of remediation. Summer school remediation programs or other forms of remediation shall be chosen by the division superintendent to be appropriate to the academic needs of the student. Students who are required to attend such summer school programs or to participate in another form of remediation shall not be charged tuition by the school division.

The requirement for remediation may, however, be satisfied by the student's attendance in a program of prevention, intervention or remediation that has been selected by his parent, in consultation with the division superintendent or his designee, and is either (i) conducted by an accredited private school or (ii) a special program that has been determined to be comparable to the required public school remediation program by the division superintendent. The costs of such private school remediation program or other special remediation program shall be borne by the student's parent.

The Board shall establish standards for full funding of summer remedial programs that shall include, but not be limited to, the minimum number of instructional hours or the equivalent thereof required for full funding and an assessment system designed to evaluate program effectiveness. Based on the number of students attending and the Commonwealth's share of the per pupil instructional costs, state funds shall be provided for the full cost of summer and other remediation programs as set forth in the appropriation act, provided such programs comply with such standards as shall be established by the Board, pursuant to § 22.1-199.2 .

D. Local school boards shall also implement the following:

1. Programs in grades K through three that emphasize developmentally appropriate learning to enhance success.

2. Programs based on prevention, intervention, or remediation designed to increase the number of students who earn a high school diploma and to prevent students from dropping out of school. Such programs shall include components that are research-based.

3. Career and technical education programs incorporated into the K through 12 curricula that include:

a. Knowledge of careers and all types of employment opportunities, including, but not limited to, apprenticeships, entrepreneurship and small business ownership, the military, and the teaching profession, and emphasize the advantages of completing school with marketable skills;

b. Career exploration opportunities in the middle school grades;

c. Competency-based career and technical education programs that integrate academic outcomes, career guidance, and job-seeking skills for all secondary students. Programs shall be based upon labor market needs and student interest. Career guidance shall include counseling about available employment opportunities and placement services for students exiting school. Each school board shall develop and implement a plan to ensure compliance with the provisions of this subdivision. Such plan shall be developed with the input of area business and industry representatives and local comprehensive community colleges and shall be submitted to the Superintendent in accordance with the timelines established by federal law;

d. Annual notice on its website to enrolled high school students and their parents of (i) the availability of the postsecondary education and employment data published by the State Council of Higher Education on its website pursuant to § 23.1-204.1 and (ii) the opportunity for such students to obtain a nationally recognized career readiness certificate at a local public high school, comprehensive community college, or workforce center; and

e. As part of each student's academic and career plan, a list of (i) the top 100 professions in the Commonwealth by median pay and the education, training, and skills required for each such profession and (ii) the top 10 degree programs at institutions of higher education in the Commonwealth by median pay of program graduates. The Department shall annually compile such lists and provide them to each local school board.

4. Educational objectives in middle and high school that emphasize economic education and financial literacy pursuant to § 22.1-200.03 .

5. Early identification of students with disabilities and enrollment of such students in appropriate instructional programs consistent with state and federal law.

6. Early identification of gifted students and enrollment of such students in appropriately differentiated instructional programs.

7. Educational alternatives for students whose needs are not met in programs prescribed elsewhere in these standards. Such students shall be counted in average daily membership (ADM) in accordance with the regulations of the Board.

8. Adult education programs for individuals functioning below the high school completion level. Such programs may be conducted by the school board as the primary agency or through a collaborative arrangement between the school board and other agencies.

9. A plan to make achievements for students who are educationally at risk a divisionwide priority that shall include procedures for measuring the progress of such students.

10. An agreement for postsecondary credit and degree attainment with any comprehensive community college in the Commonwealth specifying the options for students to complete an associate degree, a one-year Uniform Certificate of General Studies, or the Passport Program from a comprehensive community college concurrent with a high school diploma, consistent with the requirements for the College and Career Ready Virginia Program set forth in Article 5.1 (§ 22.1-237.1 et seq.) of Chapter 13. Such agreement shall specify the credit available for dual enrollment courses and Advanced Placement courses with qualifying exam scores of three or higher.

11. A plan to notify students and their parents of the availability of dual enrollment and advanced placement classes; career and technical education programs, including internships, externships, apprenticeships, credentialing programs, certification programs, licensure programs, and other work-based learning experiences; the International Baccalaureate Program and Academic Year Governor's School Programs; the qualifications for enrolling in such classes, programs, and experiences; and the availability of financial assistance to low-income and needy students to take the advanced placement and International Baccalaureate examinations. This plan shall include notification to students and parents of the College and Career Ready Virginia Program established pursuant to Article 5.1. (§ 22.1-237.1 et seq.) of Chapter 13 and its agreement with a comprehensive community college in the Commonwealth pursuant to subdivision 10 to enable students to complete an associate degree, a one-year Uniform Certificate of General Studies, or the Passport Program concurrent with a high school diploma.

12. Identification of students with limited English proficiency and enrollment of such students in appropriate instructional programs, which programs may include dual language programs whereby such students receive instruction in English and in a second language.

13. Early identification, diagnosis, and assistance for students with mathematics problems and provision of instructional strategies and mathematics practices that benefit the development of mathematics skills for all students.

Local school divisions shall provide algebra readiness intervention services to students in grades six through nine who are at risk of failing the Algebra I end-of-course test, as demonstrated by their individual performance on any diagnostic test that has been approved by the Department. Local school divisions shall report the results of the diagnostic tests to the Department on an annual basis, at a time to be determined by the Superintendent. Each student who receives algebra readiness intervention services will be assessed again at the end of that school year. Funds appropriated for prevention, intervention, and remediation; summer school remediation; at-risk; or algebra readiness intervention services may be used to meet the requirements of this subdivision.

14. Incorporation of art, music, and physical education as a part of the instructional program at the elementary school level.

15. A program of physical activity available to all students in grades kindergarten through five consisting of at least 20 minutes per day or an average of 100 minutes per week during the regular school year and available to all students in grades six through 12 with a goal of at least 150 minutes per week on average during the regular school year. Such program may include any combination of (i) physical education classes, (ii) extracurricular athletics, (iii) recess, or (iv) other programs and physical activities deemed appropriate by the local school board. Each local school board shall implement such program during the regular school year. Any physical education class offered to students in grades seven and eight shall include at least one hour of personal safety training per school year in each such grade level that is developed and delivered in partnership with the local law-enforcement agency and consists of situational safety awareness training and social media education. Each local school board shall offer to all students in grade nine or 10 a physical education class that includes research-based hazing prevention instruction pursuant to subsection C of § 22.1-207 , unless such hazing prevention instruction is provided as part of a separate health education class offered to students in grade nine or 10. Each local school board may accept participation in the Junior Reserve Officers' Training Corps as fulfillment of any physical education requirements applicable to students in grades nine through 12.

16. A program of student services for kindergarten through grade 12 that shall be designed to aid students in their educational, social, and career development.

17. The collection and analysis of data and the use of the results to evaluate and make decisions about the instructional program.

18. A program of instruction in the high school Virginia and U.S. Government course on all information and concepts contained in the civics portion of the U.S. Naturalization Test.

E. From such funds as may be appropriated or otherwise received for such purpose, there shall be established within the Department a unit to (i) conduct evaluative studies; (ii) provide the resources and technical assistance to increase the capacity for school divisions to deliver quality instruction; and (iii) assist school divisions in implementing those programs and practices that will enhance pupil academic performance and improve family and community involvement in the public schools. Such unit shall identify and analyze effective instructional programs and practices and professional development initiatives; evaluate the success of programs encouraging parental and family involvement; assess changes in student outcomes prompted by family involvement; and collect and disseminate among school divisions information regarding effective instructional programs and practices, initiatives promoting family and community involvement, and potential funding and support sources. Such unit may also provide resources supporting professional development for administrators and teachers. In providing such information, resources, and other services to school divisions, the unit shall give priority to those divisions demonstrating a less than 70 percent passing rate on the Standards of Learning assessments.

F. The Board shall, in collaboration with the Virginia Community College System, Career and Technical Education directors, and industry partners, develop and maintain a current, comprehensive, and uniform list of industry-recognized workforce credentials that students may take as a substitute for certain credits required for graduation pursuant to 8VAC20-131-51 of the Virginia Administrative Code, including industry-recognized workforce credentials that students may take as a substitute for elective credits and industry-recognized workforce credentials completed outside of regular school hours. The Board shall include on such list its diploma seal of biliteracy established pursuant to subdivision E 4 of § 22.1-253.13:4 and its diploma seal for excellence in fine arts established pursuant to subdivision E 5 of § 22.1-253.13:4 and shall consider each such seal to be a high-demand industry workforce credential for the purpose of satisfying graduation requirements. The Board, in collaboration with the Virginia Community College System, shall ensure that such list reflects the current credit requirements for graduation and the current credentials accepted as substitutes. The Board shall post such list in a publicly accessible location on its website. Each school board shall accept as a substitute for a required credit any credential listed as an accepted substitute for such required credit.

G. Each local school board may enter into agreements for postsecondary course credit, credential, certification, or license attainment, hereinafter referred to as College and Career Access Pathways Partnerships (Partnerships), with comprehensive community colleges or other public institutions of higher education or educational institutions established pursuant to Title 23.1 that offer a career and technical education curriculum. Such Partnerships shall (i) specify the options for students to take courses as part of the career and technical education curriculum that lead to course credit or an industry-recognized credential, certification, or license concurrent with a high school diploma; (ii) specify the credit, credentials, certifications, or licenses available for such courses; (iii) specify the industry-recognized credentials that are accepted as substitutes for certain credits required for high school graduation, consistent with the list developed and maintained by the Board pursuant to subsection F; and (iv) specify available options for students to participate in pre-apprenticeship and apprenticeship programs at comprehensive community colleges concurrent with the pursuit of a high school diploma and receive college credit and high school credit for successful completion of any such program.

H. Each local school board shall provide a program of literacy instruction that is aligned with science-based reading research and provides evidenced-based literacy instruction to students in kindergarten through grade eight and is consistent with the school board's literacy plan as required by subsection B of § 22.1-253.13:6 . Pursuant to such program:

1. Each local school board shall provide reading intervention services to students in kindergarten through grade eight who demonstrate substantial deficiencies based on their individual performance on the Standards of Learning reading assessment or a literacy screener provided by the Department. Such reading intervention services shall consist of evidence-based literacy instruction, align with science-based reading research, and be documented for each student in a written student reading plan, consistent with the requirements in subdivision 2 and the list developed by the Department pursuant to subdivision I 2.

2. A reading specialist, in collaboration with the teacher of any student who receives reading intervention services pursuant to subdivision 1, shall develop, oversee implementation of, and monitor student progress on a student reading plan. The parent of each student who receives reading intervention services pursuant to subdivision 1 shall receive notice of and have the opportunity to participate in the development of the student reading plan. Each student reading plan (i) shall follow the Department template created pursuant to subdivision I 3; (ii) shall document such reading intervention services; (iii) shall include, at a minimum, (a) the student's specific, diagnosed reading skill deficiencies as determined or identified by diagnostic assessment data or the literacy screener provided by the Department; (b) the goals and benchmarks for student growth in reading; (c) a description of the specific measures that will be used to evaluate and monitor the student's reading progress; (d) the specific evidence-based literacy instruction that the student will receive; (e) the strategies, resources, and materials that will be provided to the student's parent to support the student to make reading progress; and (f) any additional services the teacher deems available and appropriate to accelerate the student's reading skill development; and (iv) may include the following services for the student: instruction from a reading specialist, trained aide, computer-based reading tutorial program, or classroom teacher with support from an aide, extended instructional time in the school day or school year, or, for students in grades six through eight, a literacy course, in addition to the course required by the Standards of Learning in English, that provides the specific evidence-based literacy instruction identified in the student's reading plan. In accordance with § 22.1-215.2 , the parent of each student shall receive notice before services begin and a copy of the student reading plan.

3. Each student who receives such reading intervention services shall be assessed utilizing either the literacy screener provided by the Department or the grade-level reading Standards of Learning assessment again at the end of that school year.

Funds appropriated for prevention, intervention, and remediation, summer school remediation, the at-risk add-on, or early intervention reading may be used to meet the requirements of this subsection.

I. In order to assist local school boards to implement the provisions of subsection H:

1. The Board shall provide guidance on the content of student reading plans;

2. The Department shall develop a list of core literacy curricula for students in kindergarten through grade five and supplemental instruction practices and programs and intervention programs for students in kindergarten through grade eight that consist of evidence-based literacy instruction aligned with science-based reading research. The list shall be approved by the Board;

3. The Department shall develop a template for student reading plans that aligns with the requirements of subsection H;

4. The Department shall develop and implement a plan for the annual collection and public reporting of division-level and school-level literacy data, at a time to be determined by the Superintendent, to include results on the literacy screeners provided by the Department and the reading Standards of Learning assessments; and

5. The Department shall provide free online evidence-based literacy instruction resources that can be accessed by parents and local school boards to support student literacy development at home.

J. As used in this subsection:

"Digital citizenship" means a diverse set of skills related to current technology and social media, including the norms of appropriate, responsible, and healthy behavior.

"Media literacy" means the ability to access, analyze, evaluate, and use media and information. "Media literacy" includes the foundational skills that lead to digital citizenship.

The Board shall consider, during each regularly scheduled revision to the Standards of Learning and any associated curriculum framework, including the Digital Learning Integration Standards of Learning, incorporating media literacy and digital citizenship standards at each grade level.

K. Each local school board shall adopt and implement textbooks and other high-quality instructional materials in English language arts for grades six through 12 and mathematics, science, and history and social science for grades kindergarten through 12. Except as otherwise provided in subdivision I 2 and subsection B of § 22.1-253.13:6 , such textbooks and other high-quality instructional materials shall be selected from the list approved by the Board pursuant to § 22.1-238 or through a local adoption process that incorporates requirements for textbooks and other high-quality instructional materials in accordance with regulations promulgated by the Board.

L. To support local adoption and implementation of textbooks and other high-quality instructional materials, the Department shall:

1. Review and update its "Virginia's Textbook Review Process" document to identify textbooks and other high-quality instructional materials for Board approval pursuant to § 22.1-238 . Such review process shall include guidelines and timelines for the submission of, review of, comment on, and evaluation of textbooks and instructional materials, the development and update at least every seven years of evaluation rubrics to determine the extent to which submitted textbooks and instructional materials meet the definition of textbooks and other high-quality instructional materials, the selection and training of Virginia review teams that represent educators from various geographical regions of the Commonwealth and the diversity of the Commonwealth's schools, opportunity for public comment, and the publication of ratings and reports based on the reviews;

2. Implement the review process developed pursuant to subdivision 1 to develop a list of textbooks and other high-quality instructional materials for English language arts for grades six through 12 and mathematics, science, and history and social science for grades kindergarten through 12;

3. Develop, adopt, and publish a list of approved vendors of professional learning resources that support teachers to implement the textbooks and other high-quality instructional materials approved by the Board pursuant to § 22.1-238 ;

4. For any school that requires improvement, based on federal indicators or a failure to meet Board standards pursuant to § 22.1-253.13:3 , (i) complete a review of the curricula in use at such school, (ii) from such funds as may be appropriated, develop a grant program to support the school to adopt textbooks and other high-quality instructional materials from the list approved by the Board pursuant to § 22.1-238 and contract with vendors of professional learning resources from the list approved in accordance with subdivision 3, and (iii) monitor implementation of the adopted textbooks and high-quality instructional materials and professional learning resources; and

5. Publish annually a list of the textbooks and other high-quality instructional materials and professional learning resources adopted and procured by each local school board.

1988, cc. 645, 682; 1990, cc. 797, 820, 839; 1991, cc. 295, 304; 1992, cc. 132, 591; 1994, cc. 618 , 790 ; 1996, cc. 163 , 522 ; 1997, cc. 466 , 828 , 829 ; 1998, cc. 103 , 602 , 627 , 800 , 816 , 902 ; 1999, cc. 377 , 444 , 445 , 452 , 461 , 488 , 552 , 595 , 994 ; 2000, cc. 504 , 547 , 653 , 662 , 677 , 684 , 710 , 750 , 867 ; 2001, c. 483 ; 2002, c. 837 ; 2003, cc. 690 , 697 , 714 , 861 ; 2004, cc. 404 , 848 , 939 , 955 ; 2005, cc. 331 , 450 ; 2007, c. 234 ; 2008, c. 661 ; 2009, c. 802 ; 2012, cc. 794 , 845 ; 2013, cc. 123 , 157 , 498 , 530 ; 2014, c. 472 ; 2015, cc. 562 , 589 ; 2016, cc. 146 , 155 , 472 , 737 ; 2017, c. 100 ; 2018, cc. 138 , 484 , 485 , 748 , 749 ; 2019, c. 582 ; 2020, c. 637 ; 2021, Sp. Sess. I, c. 167 ; 2022, cc. 168 , 549 , 550 ; 2023, cc. 645 , 646 ; 2024, cc. 7 , 12 , 44 , 144 , 433 , 647 , 657 , 666 , 684 ; 2025, cc. 276 , 662 , 680 , 683 ; 2026, c. 152 .
Va. Code Ann. § 22.1-303 — Virginia Code / Title 22.1 / Chapter 15 / Article 2 / Section 22.1-303
Probationary terms of service for teachers
Status: in_force

A. A probationary term of service of three years in the same school division shall be required before a teacher is issued a continuing contract. School boards shall provide each probationary teacher except probationary teachers who have prior successful teaching experience, as determined by the local school board in a school division, a mentor teacher, as described by Board guidelines developed pursuant to § 22.1-305.1 , during the first year of the probationary period, to assist such probationary teacher in achieving excellence in instruction. During the probationary period, such probationary teacher shall be evaluated annually based upon the evaluation procedures developed by the employing school board for use by the division superintendent and principals in evaluating teachers as required by subsection C of § 22.1-295 . A teacher in his first year of the probationary period shall be evaluated informally at least once during the first semester of the school year. The division superintendent shall consider such evaluations, among other things, in making any recommendations to the school board regarding the nonrenewal of such probationary teacher's contract as provided in § 22.1-305 .

Any teacher hired on or after July 1, 2001, shall be required, as a condition of achieving continuing contract status, to have successfully completed training in instructional strategies and techniques for intervention for or remediation of students who fail or are at risk of failing the Standards of Learning assessments. Local school divisions shall be required to provide said training at no cost to teachers employed in their division. In the event a local school division fails to offer said training in a timely manner, no teacher will be denied continuing contract status for failure to obtain such training.

B. Once a continuing contract status has been attained in a school division in the Commonwealth, another probationary period need not be served in any other school division unless such probationary period, not to exceed two years, is made a part of the contract of employment. Further, when a teacher has attained continuing contract status in a school division in the Commonwealth and separates from and returns to teaching service in a school division in Virginia by the beginning of the third year, such teacher shall be required to serve a probationary period not to exceed two years, if made a part of the contract for employment.

C. For the purpose of calculating the years of service required to attain continuing contract status, at least 160 contractual teaching days during the school year shall be deemed the equivalent of one year in the first year of service by a teacher.

Code 1950, § 22-217.3; 1968, c. 691; 1969, Ex. Sess., c. 3; 1976, cc. 191, 226; 1979, c. 275; 1980, c. 559; 1985, c. 348; 1989, c. 100; 1999, cc. 831 , 1030 , 1037 ; 2000, c. 689 ; 2001, cc. 865 , 872 ; 2006, c. 373 ; 2013, cc. 588 , 650 ; 2020, cc. 53 , 167 ; 2022, c. 355 .
Va. Code Ann. § 22.1-214 — Virginia Code / Title 22.1 / Chapter 13 / Article 2 / Section 22.1-214
Board to prepare special education program for children with disabilities
Status: in_force

A. The Board of Education shall prepare and supervise the implementation by each school division of a program of special education designed to educate and train children with disabilities between the ages defined in § 22.1-213 and may prepare and place in operation such program for such individuals of other ages. The program developed by the Board of Education shall be designed to ensure that all children with disabilities have available to them a free and appropriate education, including specially designed instruction to meet the unique needs of such children. The program shall require (i) that the hearing of each disabled child be tested prior to placement in a special education program and (ii) that a complete audiological assessment, including tests that will assess inner and middle ear functioning, be performed on each child who is deaf or hard of hearing or who fails the test required in clause (i). The school boards of the several school divisions, the Department for the Blind and Vision Impaired, the Department for the Deaf and Hard-of-Hearing, the Department of Health, and other state and local agencies that can or may be able to assist in providing educational and related services shall assist and cooperate with the Board of Education in the development of such program.

B. The Board of Education shall prescribe procedures to afford due process to children with disabilities and their parents or guardians and to school divisions in resolving disputes as to program placements, individualized education programs, tuition eligibility and other matters as defined in state or federal statutes or regulations. These procedures shall encourage the use of mediation as an informal means of resolving such disputes. Mediation shall not, however, be used to deny or delay the due process rights of parents or guardians. The procedures shall require that all testimony be given under oath or affirmation administered by the hearing officer.

C. The Board of Education may provide for final decisions to be made by a hearing officer. The parents and the school division shall have the right to be represented by legal counsel or other representative before such hearing officer without being in violation of the provisions of § 54.1-3904 .

D. Any party aggrieved by the findings and decision made pursuant to the procedures prescribed pursuant to subsections B and C may, within 180 days of such findings and decision, bring a civil action in the circuit court for the jurisdiction in which the school division is located. In any such action, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and basing its decision on the preponderance of the evidence, shall grant such relief as the court determines appropriate.

D1. In any action brought pursuant to subsection D, the court, in its discretion, may award reasonable attorney fees as part of the costs (i) to a prevailing party who is the parent of a child with a disability; (ii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent who files a complaint or a subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or (iii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent, or against the parent, if the parent's complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cause of litigation.

Attorney fees may not be awarded relating to any meeting of the individualized education program (IEP) team unless such meeting is convened as a result of an administrative proceeding or judicial action, or, at the discretion of the State, for a mediation described in subsection B.

E. Whenever the Board of Education, in its discretion, determines that a school division fails to establish and maintain programs of free and appropriate public education that comply with regulations established by the Board, the Board may withhold all special education moneys from the school division and may use the payments that would have been available to such school division to provide special education, directly or by contract, to eligible children with disabilities in such manner as the Board considers appropriate.

F. The Board of Education shall supervise educational programs for children with disabilities by other public agencies and shall ensure that the identification, evaluation, and placement of children with disabilities and youth in education programs by other public agencies, as appropriate, are consistent with the provisions of the Board of Education's special education regulations.

G. The Board of Education shall prescribe regulations to provide a range of assessment procedures for the evaluation of children with disabilities. These regulations shall include provision for parents to participate, if they so request, in the consideration of the assessment components to be used. However, such regulations shall not require any local school board to exceed the requirements of federal law or regulations for the identification and evaluation of children with disabilities.

Code 1950, § 22-10.4; 1974, c. 480; 1978, c. 386; 1980, cc. 559, 561; 1981, c. 7; 1982, c. 21; 1985, c. 207; 1990, c. 205; 1991, c. 518; 1994, c. 854 ; 1997, c. 54 ; 2007, cc. 33 , 52 ; 2009, c. 468 ; 2010, c. 447 ; 2019, c. 288 ; 2021, Sp. Sess. I, cc. 451 , 452 .
Va. Code Ann. § 22.1-256 — Virginia Code / Title 22.1 / Chapter 14 / Article 1 / Section 22.1-256
Repealed
Status: repealed

Repealed by Acts 1999, cc. 488 and 552 .
Va. Code Ann. § 22.1-83 — Virginia Code / Title 22.1 / Chapter 7 / Section 22.1-83
Payment of employee's legal fees and expenses
Status: in_force

If an employee of a school board is arrested, indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his duties as such employee and such charge is subsequently dismissed or a verdict of not guilty is rendered or if an employee of a school board is made a defendant in any civil action arising out of his actions in connection with his duties as such employee, the school board may pay the legal fees and expenses of such employee.

Code 1950, § 22-56.1:1; 1978, c. 135; 1980, c. 559.
Va. Code Ann. § 22.1-62 — Virginia Code / Title 22.1 / Chapter 6 / Section 22.1-62
Appointment of same person by two or more school divisions; approval of part-time superintendent by State Board
Status: in_force

A. Any two or more school divisions may appoint the same person to be division superintendent.

B. No person may be employed as a part-time division superintendent without the approval of the Board of Education.

Code 1950, §§ 22-32, 22-37; 1956, c. 633; 1958, c. 44; 1964, c. 428; 1966, c. 601; 1968, c. 454; 1970, cc. 155, 691; 1971, Ex. Sess., c. 225; 1972, c. 581; 1980, c. 559.
Va. Code Ann. § 22.1-53 — Virginia Code / Title 22.1 / Chapter 5 / Article 6 / Section 22.1-53
How composed; appointment and terms of members; vacancies; tie breaker
Status: in_force

A. The school board of each school division to which the provisions of this article are applicable shall be composed of no fewer than six nor more than nine members, the exact number to be determined by the governing body of the county or city if the school division is composed of less than one county or city or by agreement of the governing bodies of the counties and cities in the school division if composed of part or all of more than one county or city. Unless the governing bodies of the counties and cities in a school division composed of part or all of more than one county or city agree upon some other equitable and reasonable criteria, the number of members of the school board from each county and city or part thereof in the division shall be apportioned according to the population in the school division of each such county or city or part thereof, provided that each county or city shall have at least one member.

B. Within sixty days prior to the effective date for the formation of the division school board, the governing body of each county and city or part thereof in the school division shall appoint the required number of members of the division school board from such county or city as follows: if there be one member, he shall be appointed for a term of four years; if there be two members, one shall be appointed for a term of two years and one for a term of four years; if there be three members, one shall be appointed for a term of two years, one for a term of three years, and one for a term of four years; if there be four members, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years; if there be five members, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years; if there be six members, one shall be appointed for a term of one year, one for a term of two years, two for terms of three years and two for terms of four years. Within sixty days prior to the first day of July in each and every year thereafter, there shall be appointed by such governing body for a term of four years beginning the first day of July next following their appointment, successors to the members of the division school board appointed by it whose terms expire on the thirtieth day of June in each such year. Any vacancy occurring in the membership of the division school board shall be filled for the unexpired term by the governing body appointing such member.

C. If each county or city in a division composed of part or all of more than one county or city has an equal number of members, the governing bodies concerned shall jointly select for a term of four years one person who shall be a member of the division school board only for the purpose of voting in case of an equal division of the regular members of the board on any question requiring the action of such board. Such person shall be known as the tie breaker. If the governing bodies are not able to agree as to the person who shall be the tie breaker, then upon application by any of the governing bodies involved to a circuit court having jurisdiction in such school division, the judge thereof shall name the tie breaker and his decision shall be final.

Code 1950, § 22-100.3; 1954, c. 391; 1956, c. 671; 1971, Ex. Sess., c. 161; 1980, c. 559.
Va. Code Ann. § 22.1-336 — Virginia Code / Title 22.1 / Chapter 17 / Section 22.1-336
Compact entered into and enacted into law; form of compact
Status: in_force

The compact for education is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:

Article I.

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional, educational and lay leadership on a nationwide basis at the state and local levels.

2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.

3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.

4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.

B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.

C. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states as well as in the excellence of its own educational systems and institutions because individuals are highly mobile throughout the nation and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.

Article II.

As used in this compact, "state" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Article III.

A. The Education Commission of the States, hereinafter called "the Commission," is hereby established. The Commission shall consist of seven members representing each party state. One of such members shall be the governor; two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the Commission, six members shall be appointed and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the Commission, the guiding principle for the composition of the membership on the Commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations, be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education and lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution designated by the governor having responsibility for one or more programs of public education. In addition to the members of the Commission representing the party states, there may be not to exceed ten nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

B. The members of the Commission shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the Commission are cast in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the commissioners are present. The Commission shall meet at least once a year. In its bylaws and subject to such directions and limitations as may be contained therein, the Commission may delegate the exercise of any of its powers to the steering committee or the executive director except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III (J).

C. The Commission shall have a seal.

D. The Commission shall elect annually from among its members a chairman, who shall be a governor, a vice-chairman and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission and, together with the treasurer and such other personnel as the Commission may deem appropriate, shall be bonded in such amount as the Commission shall determine. The executive director shall serve as secretary of the Commission.

E. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, subject to the approval of the steering committee, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Commission and shall fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for the personnel policies and programs of the Commission.

F. The Commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

G. The Commission may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph F of this article shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed and the identity of the donor or lender.

H. The Commission may establish and maintain such facilities as may be necessary for transacting its business. The Commission may acquire, hold, and convey real and personal property and any interest therein.

I. The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

J. The Commission annually shall make to the governor and legislature of each party state a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable.

Article IV.

In addition to authority conferred on the Commission by other provisions of this compact, the Commission shall have authority to:

1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources;

2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems;

3. Develop proposals for adequate financing of education as a whole and at each of its many levels;

4. Conduct or participate in research of the types referred to in this article in any instance where the Commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private;

5. Formulate suggested policies and plans for the improvement of public education as a whole or for any segment thereof and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials;

6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

Article V.

A. If the laws of the United States specifically so provide or if administrative provision is made therefor within the federal government, the United States may be represented on the Commission by not to exceed ten representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law and may be drawn from any one or more branches of the federal government. No such representative shall have a vote on the Commission.

B. The Commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states and may advise any such agencies or officers concerning any matter of mutual interest.

Article VI.

A. To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a steering committee of thirty-two members which, subject to the provisions of this compact and consistent with the policies of the Commission, shall be constituted and function as provided in the bylaws of the Commission. One fourth of the voting membership of the steering committee shall consist of governors, one fourth shall consist of legislators, and the remainder shall consist of other members of the Commission. A federal representative on the Commission may serve without vote on the steering committee. The voting members of the steering committee shall serve for terms of two years except that members elected to the first steering committee of the Commission shall be elected as follows: Sixteen for one year and sixteen for two years. The chairman, vice-chairman, and treasurer of the Commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the Commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two term limitation.

B. The Commission may establish advisory and technical committees composed of state, local and federal officials and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.

C. The Commission may establish such additional committees as its bylaws may provide.

Article VII.

A. The Commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

B. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.

C. The Commission shall not pledge the credit of any party states. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to paragraph G of Article III of this compact, provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it pursuant to paragraph G of Article III of this compact, the Commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

D. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established by its bylaws. In addition, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the Commission.

E. The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the Commission.

F. Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.

Article VIII.

A. This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In any such jurisdiction not having a governor, the term "governor" as used in this compact shall mean the closest equivalent official of such jurisdiction.

B. Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same; provided that in order to enter into initial effect, adoption by at least ten eligible party jurisdictions shall be required.

C. Adoption of the compact shall be by enactment.

D. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article IX.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or if the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

Code 1950, § 22-345; 1968, c. 564; 1980, c. 559.
Va. Code Ann. § 22.1-232 — Virginia Code / Title 22.1 / Chapter 13 / Article 5 / Section 22.1-232
Contracts
Status: in_force

A. Where a school board undertakes a career and technical education project by contract with a corporation, the school board may advance, contribute and loan funds to the corporation. The contract shall contain:

1. a system of accounting;

2. the terms upon which any profits from the sale of the project will be allocated between the school board and the corporation;

3. conditions for the return with interest of any funds advanced by the school board;

4. a provision that upon the dissolution of the corporation, any assets remaining after payment of just debts shall be transferred to and become the property of the school board;

5. a provision that, upon the completion of any project, the school board may determine not to participate in further projects;

6. a provision that the school board may at any time require the return of funds to which it is entitled.

B. Where the school board contributes or loans funds to the corporation, such contract shall provide for the posting of a bond with surety by the officers of the corporation conditioned to protect the rights of the school board.

C. Such contract may provide for the establishment of an escrow fund for the purpose of funding future projects.

Code 1950, §§ 22-330.41, 22-330.42; 1974, c. 336; 1980, c. 559; 2001, c. 483 .
Va. Code Ann. § 22.1-254 — Virginia Code / Title 22.1 / Chapter 14 / Article 1 / Section 22.1-254
Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article
Status: in_force

A. As used in this subsection, "attend" includes participation in educational programs and courses at a site remote from the school with the permission of the school and in conformity with applicable requirements.

Except as otherwise provided in this article, every parent, guardian, or other person in the Commonwealth having control or charge of any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, cause such child to attend a public school or a private, denominational, or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board and approved by the division superintendent, or provide for home instruction of such child as described in § 22.1-254.1 .

As prescribed in the regulations of the Board, the requirements of this section may also be satisfied by causing a child to attend an alternative program of study or work/study offered by a public, private, denominational, or parochial school or by a public or private degree-granting institution of higher education. Further, in the case of any five-year-old child who is subject to the provisions of this subsection, the requirements of this section may be alternatively satisfied by causing the child to attend any public educational pre-kindergarten program, including a Head Start program, or in a private, denominational, or parochial educational pre-kindergarten program.

Instruction in the home of a child or children by the parent, guardian, or other person having control or charge of such child or children shall not be classified or defined as a private, denominational or parochial school.

The requirements of this section shall apply to (i) any child in the custody of the Department of Juvenile Justice or the Department of Corrections who has not passed his eighteenth birthday and (ii) any child whom the division superintendent has required to take a special program of prevention, intervention, or remediation as provided in subsection C of § 22.1-253.13:1 and in § 22.1-254.01 . The requirements of this section shall not apply to (a) any person 16 through 18 years of age who is housed in an adult correctional facility when such person is actively pursuing the achievement of a passing score on a high school equivalency examination approved by the Board but is not enrolled in an individual student alternative education plan pursuant to subsection E, and (b) any child who has obtained a high school diploma or its equivalent, a certificate of completion, or has achieved a passing score on a high school equivalency examination approved by the Board, or who has otherwise complied with compulsory school attendance requirements as set forth in this article.

B. A school board shall excuse from attendance at school:

1. Any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school. For purposes of this subdivision, "bona fide religious training or belief" does not include essentially political, sociological or philosophical views or a merely personal moral code; and

2. On the recommendation of the juvenile and domestic relations district court of the county or city in which the pupil resides and for such period of time as the court deems appropriate, any pupil who, together with his parents, is opposed to attendance at a school by reason of concern for such pupil's health, as verified by competent medical evidence, or by reason of such pupil's reasonable apprehension for personal safety when such concern or apprehension in that pupil's specific case is determined by the court, upon consideration of the recommendation of the principal and division superintendent, to be justified.

C. Each local school board shall develop policies for excusing students who are absent by reason of observance of a religious holiday. Such policies shall ensure that a student shall not be deprived of any award or of eligibility or opportunity to compete for any award, or of the right to take an alternate test or examination, for any which he missed by reason of such absence, if the absence is verified in a manner acceptable to the school board.

D. A school board may excuse from attendance at school:

1. On recommendation of the principal and the division superintendent and with the written consent of the parent or guardian, any pupil who the school board determines, in accordance with regulations of the Board, cannot benefit from education at such school; or

2. On recommendation of the juvenile and domestic relations district court of the county or city in which the pupil resides, any pupil who, in the judgment of such court, cannot benefit from education at such school.

E. Local school boards may allow the requirements of subsection A to be met under the following conditions:

For a student who is at least 16 years of age, there shall be a meeting of the student, the student's parents, and the principal or his designee of the school in which the student is enrolled in which an individual student alternative education plan shall be developed in conformity with guidelines prescribed by the Board, which plan must include:

1. Career guidance counseling;

2. Mandatory enrollment and attendance in a preparatory program for passing a high school equivalency examination approved by the Board or other alternative education program approved by the local school board with attendance requirements that provide for reporting of student attendance by the chief administrator of such preparatory program or approved alternative education program to such principal or his designee;

3. Mandatory enrollment in a program to earn a Board-approved career and technical education credential, such as the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, the Armed Services Vocational Aptitude Battery, or the Virginia workplace readiness skills assessment;

4. Successful completion of the course in economics and personal finance required to earn a Board-approved high school diploma;

5. Counseling on the economic impact of failing to complete high school; and

6. Procedures for reenrollment to comply with the requirements of subsection A.

A student for whom an individual student alternative education plan has been granted pursuant to this subsection and who fails to comply with the conditions of such plan shall be in violation of the compulsory school attendance law, and the division superintendent or attendance officer of the school division in which such student was last enrolled shall seek immediate compliance with the compulsory school attendance law as set forth in this article.

Students enrolled with an individual student alternative education plan shall be counted in the average daily membership of the school division.

F. A school board may, in accordance with the procedures set forth in Article 3 (§ 22.1-276.01 et seq.) of Chapter 14 and upon a finding that a school-age child 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; (ii) found guilty or not innocent 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) suspended pursuant to § 22.1-277.05 ; or (iv) expelled from school attendance pursuant to § 22.1-277.06 or 22.1-277.07 or subsection C of § 22.1-277 , require the child to attend an alternative education program as provided in § 22.1-209.1:2 or 22.1-277.2:1 .

G. Whenever a court orders any pupil into an alternative education program, including a program preparing students for a high school equivalency examination approved by the Board, offered in the public schools, the local school board of the school division in which the program is offered shall determine the appropriate alternative education placement of the pupil, regardless of whether the pupil attends the public schools it supervises or resides within its school division.

The juvenile and domestic relations district court of the county or city in which a pupil resides or in which charges are pending against a pupil, or any court in which charges are pending against a pupil, may require the pupil who has been charged with (i) a crime that resulted in or could have resulted in injury to others, (ii) a violation of Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2, or (iii) any offense related to possession or distribution of any Schedule I, II, or III controlled substances to attend an alternative education program, including, but not limited to, night school, adult education, or any other education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate.

This subsection shall not be construed to limit the authority of school boards to expel, suspend, or exclude students, as provided in §§ 22.1-277.04 , 22.1-277.05 , 22.1-277.06 , 22.1-277.07 , and 22.1-277.2 . As used in this subsection, the term "charged" means that a petition or warrant has been filed or is pending against a pupil.

H. Within one calendar month of the opening of school, each school board shall send to the parents or guardian of each student enrolled in the division a copy of the compulsory school attendance law and the enforcement procedures and policies established by the school board.

I. The provisions of this article shall not apply to:

1. Children suffering from contagious or infectious diseases while suffering from such diseases;

2. Children whose immunizations against communicable diseases have not been completed as provided in § 22.1-271.2 ;

3. Children under 10 years of age who live more than two miles from a public school unless public transportation is provided within one mile of the place where such children live;

4. Children between the ages of 10 and 17, inclusive, who live more than 2.5 miles from a public school unless public transportation is provided within 1.5 miles of the place where such children live; and

5. Children excused pursuant to subsections B and D.

Further, any child who will not have reached his sixth birthday on or before September 30 of each school year whose parent or guardian notifies the appropriate school board that he does not wish the child to attend school until the following year because the child, in the opinion of the parent or guardian, is not mentally, physically, or emotionally prepared to attend school, may delay the child's attendance for one year.

The distances specified in subdivisions 3 and 4 shall be measured or determined from the child's residence to the entrance to the school grounds or to the school bus stop nearest the entrance to the residence of such children by the nearest practical routes which are usable for walking or riding. Disease shall be established by the certificate of a reputable practicing physician in accordance with regulations adopted by the Board.

J. Subject to guidelines established by the Department, any student who is absent from school due to his mental or behavioral health shall be granted an excused absence.

K. Subject to guidelines established by the Department, each school board (i) shall permit one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic event and (ii) may permit additional excused absences for such students who are absent for such purpose. Local school boards may require that the student provide advance notice of the intended absence and require that the student provide documentation of participation in a civic event.

L. Subject to guidelines established by the Department, any student who is a member of a state-recognized or federally recognized tribal nation that is headquartered in the Commonwealth and who is absent from school to attend such tribal nation's pow wow gathering shall be granted one excused absence per academic year, provided that the parent of such student provides to the student's school advance notice of such absence in the manner required by the school.

M. A student whose immediate family member is an active duty member of the uniformed services as defined in § 22.1-360, and whose family member has received orders for, is on leave from, or has recently returned from deployment outside the United States, shall be allotted five excused absences to visit with the family member in connection with such leave or deployment, provided that the student provides written documentation verifying such leave or deployment if requested by the local school division.

Code 1950, § 22-275.1; 1952, c. 279; 1959, Ex. Sess., c. 72; 1968, c. 178; 1974, c. 199; 1976, cc. 681, 713; 1978, c. 518; 1980, c. 559; 1984, c. 436; 1989, c. 515; 1990, c. 797; 1991, c. 295; 1993, c. 903; 1996, cc. 163 , 916 , 964 ; 1997, c. 828 ; 1999, cc. 488 , 552 ; 2000, c. 184 ; 2001, cc. 688 , 820 ; 2003, c. 119 ; 2004, c. 251 ; 2006, c. 335 ; 2010, c. 605 ; 2012, cc. 454 , 642 ; 2014, c. 84 ; 2017, c. 330 ; 2018, cc. 486 , 585 ; 2020, c. 869 ; 2021, Sp. Sess. I, cc. 104 , 105 ; 2022, c. 233 ; 2026, c. 193 .
Va. Code Ann. § 22.1-225 — Virginia Code / Title 22.1 / Chapter 13 / Article 3 / Section 22.1-225
Authority of school boards
Status: in_force

A. Local school boards shall provide adult education programs, in compliance with subdivision D 8 of § 22.1-253.13:1 , for residents of the school division and, in their discretion, may charge appropriate fees to persons admitted to such programs.

B. With such funds as may be appropriated for the purposes of this article, school boards shall seek to ensure that every individual participating in such program has an opportunity to earn a high school diploma or pass a high school equivalency examination approved by the Board of Education.

Code 1950, § 22-362; 1978, c. 522; 1980, c. 559; 1999, c. 564 ; 2004, cc. 939 , 955 ; 2009, c. 802 ; 2014, c. 84 ; 2018, c. 717 .
Va. Code Ann. § 22.1-141.3 — Virginia Code / Title 22.1 / Chapter 9 / Article 4 / Section 22.1-141.3
Scope of article
Status: in_force

The provisions of this article apply to matters relating to indoor air quality in public school buildings occupied by school board employees and students during regular work and school hours.

2025, cc. 632 , 668 .
Va. Code Ann. § 22.1-14 — Virginia Code / Title 22.1 / Chapter 2 / Section 22.1-14
Minutes
Status: in_force

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

Code 1950, § 22-18; 1980, c. 559.
Va. Code Ann. § 22.1-23.5 — Virginia Code / Title 22.1 / Chapter 3 / Section 22.1-23.5
Title IX and sexual harassment prevention training; policies
Status: in_force

A. As used in this section, "sexual harassment" has the same meaning as described in 34 C.F.R. § 106.30(a) and includes sexual assault, dating violence, domestic violence, stalking, and other gender or sex-based verbal or physical misconduct.

B. The Department shall develop, in collaboration with organizations that serve sexual harassment victims, culturally appropriate, age-appropriate, and trauma-informed Title IX and sexual harassment prevention training modules and shall make such training modules available to each school board for the education of students in the ninth and tenth grades. Such training modules shall discuss:

1. Title IX (20 U.S.C. § 1681 et seq.) rights and protections;

2. The law and meaning of consent;

3. Prevention of sexual harassment; and

4. Reporting of sexual harassment.

C. The Department shall revise the Title IX and sexual harassment prevention training modules developed pursuant to subsection B and make such revised modules available to each school board no later than December 31 of each year to ensure that the such training modules conform to the standards pursuant to subsection B and comply with applicable state and federal law.

D. Each school board may adopt policies to require all students in the ninth and tenth grades to complete the sexual harassment modules developed by the Department pursuant to subsection B. Each school board shall also:

1. Allow all such students to opt-out of participating in the completion of such training modules by request of the student's parents if such student is under the age of 18, or by request of the student if such student is 18 years of age or older; and

2. Ensure that all such students are provided information about school counseling services and the supportive measures and formal complaint procedures available to them, as required under Title IX (20 U.S.C. § 1681 et seq.), in the school they attend as part of the training modules developed pursuant to subsection B.

2024, c. 805 .
Va. Code Ann. § 22.1-289.029 — Virginia Code / Title 22.1 / Chapter 14.1 / Article 3 / Section 22.1-289.029
Duty of attorneys for the Commonwealth
Status: in_force

It shall be the duty of the attorney for the Commonwealth of every county and city to prosecute all violations of this chapter.

2020, cc. 860 , 861 .
Va. Code Ann. § 22.1-8 — Virginia Code / Title 22.1 / Chapter 2 / Section 22.1-8
General supervision vested in Board
Status: in_force

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

Code 1950, § 22-11; 1971, Ex. Sess., c. 203; 1980, c. 559.
Va. Code Ann. § 22.1-355 — Virginia Code / Title 22.1 / Chapter 21 / Section 22.1-355
Expired
Status: in_force

Expired July 1, 2003, pursuant to Acts 1999, c. 501 , cl. 2, as amended by Acts 2000, c. 217 .
Va. Code Ann. § 22.1-217.2 — Virginia Code / Title 22.1 / Chapter 13 / Article 2 / Section 22.1-217.2
Special education transition planning and materials
Status: in_force

A. The Superintendent shall make available special education transition materials for students and parents to be used during a student's annual Individualized Education Program meeting as required by the State Board of Education Regulations Governing Special Education Programs for Children with Disabilities in Virginia ( 8VAC20-81 et seq. and 20 U.S.C. § 1400 et seq.) and direct local school divisions to use the material to the fullest extent possible. Such materials shall be prepared and updated as necessary by the Department and shall include information describing services that can be provided in the least restrictive environment possible and the purpose and use of temporary guardianship, limited guardianship, and guardianship, as those terms are defined in § 64.2-2000 .

B. Any individualized education program (IEP) meeting for any student with a disability that is held for the purpose of postsecondary transition planning and the consideration of needed postsecondary transition services shall include, consistent with the guidance documents relating to postsecondary transition planning and services developed by the Department pursuant to subdivisions 1 and 4 of § 22.1-214.4 , consideration and documentation of any information relating to such student's needed postsecondary transition services that may be necessary or relevant to coordinating and facilitating the successful and efficient transition of such student from secondary school to an institution of higher education.

2020, c. 855 ; 2025, c. 202 .
Va. Code Ann. § 22.1-208 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-208
Emphasis on moral education
Status: in_force

The entire scheme of instruction in the public schools shall emphasize moral education through lessons given by teachers and imparted by appropriate reading selections.

Code 1950, § 22-238; 1980, c. 559.
Va. Code Ann. § 22.1-289.028 — Virginia Code / Title 22.1 / Chapter 14.1 / Article 3 / Section 22.1-289.028
Misleading advertising prohibited
Status: in_force

No child day program or home-based child care system shall make, publish, disseminate, circulate, or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public in this Commonwealth, in a newspaper or other publication; in the form of a book, notice, handbill, poster, blueprint, map, bill, tag, label, circular, pamphlet, or letter; or via electronic mail, website, automatic mailing list services (listservs), newsgroups, facsimile, chat rooms; or in any other way an advertisement of any sort regarding services or anything so offered to the public, which advertisement contains any promise, assertion, representation or statement of fact that is untrue, deceptive, or misleading.

2020, cc. 860 , 861 ; 2026, c. 917 .
Va. Code Ann. § 22.1-272.3 — Virginia Code / Title 22.1 / Chapter 14 / Article 2 / Section 22.1-272.3
Student access to telehealth services; school division policies
Status: in_force

A. In order to increase access to health care services for students, each school board shall consider developing and implementing policies for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services on school property during regular school hours with parental consent. Any school board that implements and develops policies for permitting any public school student in the school division to schedule and participate in mental health teletherapy services shall 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 § 22.1-272.2 .

B. Any such policies developed and implemented by a school board for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services pursuant to subsection A shall:

1. Permit any public school student in the school division to schedule and participate in telehealth and 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;

2. Require each public elementary and secondary school at which such telehealth services are provided to (i) designate a location in such school for students to use for such telehealth appointments that ensures the privacy and safety of such students and has Internet access and (ii) implement measures to ensure the privacy and safety of each student participating in a telehealth appointment;

3. Prohibit any student from being subject to any disciplinary measure or consequence for participating in a telehealth appointment during regular school hours if such student would not be subject to disciplinary measures or consequences for an absence for the purpose of receiving any health care services in person during regular school hours; and

4. Include such other requirements as the school board deems necessary and appropriate.

C. Any such policies developed and implemented by a school board for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services shall, in addition to the requirements set forth of subsection B, be consistent with, but may be more comprehensive than, the parameters set forth in the memorandum of understanding between the school board and the nationally recognized school-based telehealth provider developed by the school board pursuant to § 22.1-272.2 .

D. Each school board that develops and implements any policies in accordance with this section shall provide guidance relating to the implementation of such policies for administrative and instructional personnel and shall post such guidance in a publicly accessible location on its website at the beginning of each school year.

2025, cc. 555 , 563 .
Va. Code Ann. § 22.1-57.3 — Virginia Code / Title 22.1 / Chapter 5 / Article 7 / Section 22.1-57.3
Election of school board members; election of tie breaker
Status: in_force

A. If a majority of the qualified voters voting in such referendum vote in favor of changing the method of selecting school board members to direct election by the voters, then the members of the school board shall be elected by popular vote. Elections of school board members in a county, city, or town shall be held to coincide with the elections for members of the governing body of the county, city, or town at the regular general election in November or the regular general election in May, as the case may be.

B. The initial elected board shall consist of the same number of members as the appointed school board it replaces, and the members shall be elected from the established county or municipal election districts, at large, or a combination thereof, on the same basis as the school board previously was appointed. If the appointed school board being replaced has not been appointed either on an at-large basis or on the basis of the established county or municipal election districts, or a combination thereof, the members shall be elected at large unless the governing body of the county, city, or town provides for the election of school board members on the basis of the established county or municipal election districts. If the appointed school board being replaced has been appointed at large, the governing body of the county, city, or town may establish school election districts for the election of school board members. The governing body may provide for a locality-wide district, one or more districts comprised of a part of the locality, or any combination thereof, and for the apportionment of one or more school board members to any district.

The terms of the members of the elected school board for any county, city, or town shall be the same as the terms of the members of the governing body for the county, city, or town. In any locality in which both the school board and the governing body are elected from election districts, as opposed to being elected wholly on an at-large basis, the elections of the school board member and governing body member from each specific district shall be held simultaneously except as otherwise provided in §§ 22.1-57.3:1 , 22.1-57.3:1.1 , and 22.1-57.3:1.2 .

At the first election for members of the school board, so many members shall be elected as there are members to be elected at the regular election for the governing body. At each subsequent regular election for members of the governing body, the same number of members of the school board shall be elected as the number of members to be elected at the regular election to the governing body. However, if the number of members on the school board differs from the number of members of the governing body, the number of members elected to the school board at the first and subsequent general election shall be either more or less than the number of governing body members, as appropriate, to the end that the number of members on the initial elected school board is the same as the number of members on the appointed board being replaced.

Except as provided in §§ 22.1-57.3:1 , 22.1-57.3:1.1 , and 22.1-57.3:1.2 , the terms of the members of the school board shall be staggered only if the terms of the members of the governing body are staggered. If there are more, or fewer, members on the school board than on the governing body, the number of members to be elected to the school board at the first and subsequent election for school board members shall be the number required to establish the staggered term structure so that (i) a majority of the members of the school board is elected at the same time as a majority of the members of the governing body; (ii) if one-half of the governing body is being elected and the school board has an even number of members, one-half of the members of the school board is elected; (iii) if one-half of the governing body is being elected and the school board has an odd number of members, the majority by one member of the school board is elected at the first election and the remainder of the school board is elected at the second election; or (iv) if a majority of the members of the governing body is being elected and the school board has an even number of members, one-half of the members of the school board is elected.

If the school board is elected at large and the terms of the members of the school board are staggered, the school board members to be replaced at the first election shall include all appointed school board members whose appointive terms are scheduled to expire on December 31 or on June 30, as the case may be, next following the first election of county, city or town school board members. If the number of school board members whose appointive terms are so scheduled to expire is zero or less than the number of school board members to be elected at the first election, the appointed school board members to be replaced at the first election shall also include those whose appointive terms are scheduled to expire next subsequent to the date on which the terms of office of the first elected school board members will commence. If the appointive terms of more than one school board member are scheduled to expire simultaneously, but less than all of such members are to be replaced at the first election, then the identity of such school board member or members to be replaced at the first election shall be determined by a drawing held by the county or city electoral board at least ten days prior to the last day for a person to qualify as a candidate for school board member.

In any case in which school board members are elected from election districts, as opposed to being elected from the county, city, or town at large, the election districts for the school board shall be coterminous with the election districts for the county, city, or town governing body, except as may be specifically provided for the election of school board members in a county, city, or town in which the governing body is elected at large.

C. The terms of office for the school board members shall commence on January 1 or July 1, as the case may be, following their election. On December 31 or June 30, as the case may be, following the first election of county, city or town school board members, the terms of office of the members of the school board in office through appointment shall expire and the school board selection commission, if there is one, shall be abolished. If the entire school board is not elected at the first election of school board members, only the terms of the appointed members being replaced shall so expire and the terms of the appointed members being replaced at a subsequent election shall continue or be extended to expire on December 31 or June 30, as appropriate, of the year of the election of the school board members replacing them.

D. Except as otherwise provided herein, a vacancy in the office of any elected school board member shall be filled pursuant to §§ 24.2-226 and 24.2-228 . In any county that has adopted the urban county executive form of government and that has adopted an elected school board, any vacancy on the elected school board shall be filled in accordance with the procedures set forth in § 15.2-802 , mutatis mutandis. Notwithstanding any provision of law or charter to the contrary, if no candidates file for election to a school board office and no person who is qualified to hold the office is elected by write-in votes, a vacancy shall be deemed to exist in the office as of January 1 or July 1, as the case may be, following the general election. For the purposes of this subsection and Article 6 (§ 24.2-225 et seq.) of Chapter 2 of Title 24.2, local school boards comprised of elected and appointed members shall be deemed elected school boards.

E. In order to have their names placed on the ballot, all candidates shall be nominated only by petition as provided by general law pursuant to § 24.2-506 .

F. For the purposes of this section, the election and term of the mayor or chairman of the board of supervisors shall be deemed to be an election and term of a member of the governing body of the municipality or county, respectively, whether or not the mayor or chairman is deemed to be a member of the governing body for any other purpose.

G. No employee of a school board shall be eligible to serve on the board with whom he is employed.

H. Any elected school board may have a position of tie breaker for the purpose of casting the deciding vote in cases of tie votes of the school board as provided in § 22.1-75 . The position of tie breaker, if any, shall be held by a qualified voter who is a resident of the county, city, or town and who shall be elected in the same manner and for the same length of term as members of the school board and at a general election at which members of the school board are elected. A vacancy in the position of tie breaker shall be filled pursuant to §§ 24.2-226 and 24.2-228 .

1992, c. 594; 1993, c. 878; 1994, c. 723 ; 1996, c. 873 ; 2000, c. 1045 ; 2006, c. 29 ; 2007, c. 100 ; 2010, c. 95 ; 2011, c. 776 ; 2014, c. 772 .
Va. Code Ann. § 22.1-223 — Virginia Code / Title 22.1 / Chapter 13 / Article 3 / Section 22.1-223
Definitions
Status: in_force

As used in this article:

"Adult basic education" means education for individuals over the age of compulsory school attendance specified in § 22.1-254 that enables them to express themselves orally and in writing, read, access information and resources, make decisions, act independently and interact with others, and continue lifelong learning to cope with and compete successfully in a global economy.

"Adult education program" means an instructional program below the college credit level provided by public schools for individuals who are not enrolled in the regular public school program, including adult basic education, credit programs, cultural adult education, external diploma programs, general adult education, and high school equivalency programs.

"Credit program" means a program of academic courses that are available to individuals over the age of compulsory school attendance specified in § 22.1-254 to enable them to complete the regular requirements for a high school diploma.

"Cultural adult education" means English for speakers of other languages (ESOL), the preparation of foreign-born adults for participation in American life or for becoming American citizens, and other educational services for foreign-born individuals over the age of compulsory school attendance specified in § 22.1-254 .

"External diploma program" means a program in which individuals over the age of compulsory school attendance specified in § 22.1-254 who did not complete high school may earn a high school diploma by demonstrating with 100 percent mastery the 65 competencies established and validated by the American Council on Education.

"General adult education" means academic, cultural, and avocational instruction for individuals over the age of compulsory school attendance specified in § 22.1-254 that may be obtained through programs other than credit programs, high school equivalency programs, or external diploma programs.

"High school equivalency program" means a program of preparation and instruction to take a high school equivalency examination approved by the Board of Education for individuals over the age of compulsory school attendance specified in § 22.1-254 who did not complete high school, individuals who have been granted permission by the superintendent of the school division in which they are or were last enrolled to take a high school equivalency examination approved by the Board of Education, individuals who are at least 16 years of age, and individuals who have been ordered by a court to participate in the program.

Code 1950, § 22-360; 1978, c. 522; 1980, c. 559; 1999, c. 564 ; 2006, c. 335 ; 2014, c. 84 ; 2018, c. 717 .
Va. Code Ann. § 22.1-199.1 — Virginia Code / Title 22.1 / Chapter 13 / Article 1 / Section 22.1-199.1
Programs designed to promote educational opportunities
Status: in_force

A. The General Assembly finds that Virginia educational research supports the conclusion that children from low income homes are more at risk of educational failure than children from more affluent homes and that reduced pupil/teacher ratios and class sizes result in improved academic performance among young children; to this end, the General Assembly establishes a long-term goal of reducing pupil/teacher ratios and class sizes for grades K through three in those schools in the Commonwealth with high or moderate concentrations of students who are educationally at risk.

With such funds as are provided in the appropriation act for this purpose, there is hereby established the statewide voluntary pupil/teacher ratio and class size reduction program for the purpose of reaching the long-term goal of statewide voluntary pupil/teacher ratio and class size reductions for grades K through three in schools with high or moderate concentrations of students who are educationally at risk, consistent with the provisions provided in the appropriation act.

In order to facilitate these primary grade ratio and class size reductions, the Department shall calculate the state funding of these voluntary ratio and class size reductions based on the incremental cost of providing the lower class sizes according to the greater of the division average per-pupil cost of all divisions or the actual division per-pupil cost. Localities shall provide matching funds for these voluntary ratio and class size reductions based on the composite index of local ability to pay. School divisions shall notify the Department of their intention to implement the reduced ratios and class sizes in one or more of their qualifying schools by August 1 of each year. By March 31 of each year, school divisions shall forward data substantiating that each participating school has a complying pupil/teacher ratio.

In developing each proposed biennium budget for public education, the Board shall include funding for these ratios and class sizes. These ratios and class sizes shall be included in the annual budget for public education.

B. The General Assembly finds that educational technology is one of the most important components, along with highly skilled teachers, in ensuring the delivery of quality public school education throughout the Commonwealth. Therefore, the Board shall strive to incorporate technological studies within the teaching of all disciplines. Further, the General Assembly notes that educational technology can only be successful if teachers and administrators are provided adequate training and assistance. To this end, the following program is established.

With such funds as are appropriated for this purpose, the Board shall award to the several school divisions grants for expanded access to educational technology. Funding for educational technology training for instructional personnel shall be provided as set forth in the appropriation act.

Funds for improving the quality and capacity of educational technology shall also be provided as set forth in the appropriation act, including (i) funds for providing a technology resource assistant to serve every elementary school in this Commonwealth and (ii) funds to maintain the currency of career and technical education programs. Any local school board accepting funds to hire technology resource assistants or maintain currency of career and technical education programs shall commit to providing the required matching funds, based on the composite index of local ability to pay.

Each qualifying school board shall establish an individualized technology plan, which shall be approved by the Superintendent, for integrating technology into the classroom and into schoolwide instructional programs, including career and technical education programs. The first priority for funding shall be consistent with those components of the Board's revised six-year technology plan that focus on (a) retrofitting and upgrading existing school buildings to efficiently use educational technology; (b) providing (1) one network-ready multimedia microcomputer for each classroom, (2) a five-to-one ratio of pupils to network-ready microcomputers, (3) graphing calculators and relevant scientific probes/sensors as required by the Standards of Learning, and (4) training and professional development on available technologies and software to all levels and positions, including professional development for personnel delivering career and technical education at all levels and positions; and (c) assisting school divisions in developing integrated voice-, video-, and data-connectivity to local, national, and international resources.

This funding may be used to implement a local school division's long-range technology plan, at the discretion of the relevant school board, if the local plan meets or exceeds the goals and standards of the Board's revised six-year technology plan and has been approved by the Superintendent.

The Department of Education, the Department of General Services, and the Virginia Information Technologies Agency shall coordinate master contracts for the purchase by local school boards of the aforementioned educational technologies and reference materials.

A technology replacement program shall be, with such funds as may be appropriated for this purpose, implemented to replace obsolete educational hardware and software. As provided in subsection D of § 22.1-129 , school boards may donate obsolete educational technology hardware and software that are being replaced. Any such donations shall be offered to other school divisions and to preschool programs in the Commonwealth or to public school students as provided in guidelines to be promulgated by the Board. Such guidelines shall include criteria for determining student eligibility and need, a reporting system for the compilation of information concerning the number and socioeconomic characteristics of recipient students, and notification of parents of the availability of such donations of obsolete educational hardware and software.

C. The General Assembly finds that local autonomy in making decisions on local educational needs and priorities results in effective grassroots efforts to improve education in the Commonwealth's public schools only when coupled with sufficient state funding; to this end, the At-Risk Program is hereby established. With such funds as are provided in the appropriation act, the Department shall distribute At-Risk Program grants to localities to enable compliance with the Commonwealth's requirements for school divisions in effect on January 1, 1995. Therefore, for the purpose of such compliance, the At-Risk Program shall consist of a sum equal to the amount appropriated in the appropriation act for the covered programs, including dropout prevention, specifically Project YES; Project Discovery; English as a second language programs, including programs for overage, nonschooled students; Advancement Via Individual Determination (AVID); the Homework Assistance Program; programs initiated under the Virginia Guaranteed Assistance Program, except that such funds shall not be used to pay any expenses of participating students at institutions of higher education; and initiatives to support both the physical and mental health of students in public schools, including the hiring of licensed practical nurses, registered nurses, and advanced practice registered nurses. Each school board may use any funds received through the At-Risk Program to implement the covered programs and other programs designed to save the Commonwealth's children from educational failure.

D. In order to reduce pupil/teacher ratios and class sizes in elementary schools, from such funds as may be appropriated for this purpose, each school board may employ additional classroom teachers, remedial teachers, and reading specialists for each of its elementary schools over the requirements of the Standards of Quality. State and local funding for such additional classroom teachers, remedial teachers, and reading specialists shall be apportioned as provided in the appropriation act.

E. Pursuant to a turnaround specialist program administered by the Department, local school boards may enter into agreements with individuals to be employed as turnaround specialists to address those conditions at the school that may impede educational progress and effectiveness and academic success. Local school boards may offer such turnaround specialists or other administrative personnel incentives such as increased compensation, improved retirement benefits in accordance with Chapter 6.2 (§ 51.1-617 et seq.) of Title 51.1, increased deferred compensation in accordance with § 51.1-603 , relocation expenses, bonuses, and other incentives as may be determined by the board.

F. The General Assembly finds that certain schools have particular difficulty hiring teachers for certain subject areas and that the need for such teachers in these schools is particularly strong. Accordingly in an effort to attract and retain high quality teachers, local school boards may offer instructional personnel serving in such schools as a member of a middle school teacher corps administered by the Department incentives such as increased compensation, improved retirement benefits in accordance with Chapter 6.2 (§ 51.1-617 et seq.) of Title 51.1, increased deferred compensation in accordance with § 51.1-603 , relocation expenses, bonuses, and other incentives as may be determined by the board.

For purposes of this subsection, "middle school teacher corps" means licensed instructional personnel who are assigned to a local school division to teach in a subject matter in grades six, seven, or eight where there is a critical need, as determined by the Department. The contract between such persons and the relevant local school board shall specify that the contract is for service in the middle school teacher corps.

1995, c. 852 ; 1996, c. 974 ; 1997, cc. 357 , 394 , 617 , 686 , 923 ; 1998, cc. 828 , 901 , 902 ; 1999, cc. 456 , 680 ; 2000, cc. 93 , 506 ; 2001, cc. 483 , 484 ; 2004, c. 436 ; 2011, c. 216 ; 2020, cc. 860 , 861 ; 2022, cc. 61 , 355 ; 2026, cc. 49 , 50 .