dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-3.5. Enrollment of certain military children with disabilities; provision of special education services and accommodations.
Whenever a child of a service member parent who enrolls in a school division pursuant to subdivision B 3 of § 22.1-3 is also a child with disabilities, the school board that governs the school division shall, upon receiving the documentation from the service member parent or an official letter from the service member parent's command indicating such service member parent's relocation to such school division, coordinate with the service member parent and such child's previous school division to facilitate the prompt provision of comparable special education services and accommodations based on such child's current Individualized Education Program or § 504 Plan.

2025, c. 388.

Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-4. Repealed.
Repealed by Acts 1991, c. 523.

Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-4.1. Street addresses required in certain school admission documents.
Documents submitted for admission of any child to public schools in the Commonwealth, except such documents required in accordance with §§ 22.1-3.1 and 22.1-270, shall include the street address or route number of each pupil's residence. If no street address or route number exists for such residence, a post office box number shall be required. If the pupil or parent participates in the Address Confidentiality Program pursuant to § 2.2-515.2, the street address or route number shall be provided to establish residency but shall not otherwise be made part of the student's educational records.

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

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

1997, c. 900; 2000, c. 209; 2004, c. 500; 2019, c. 586; 2025, c. 229.
Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-4.2. Designation of race or ethnicity.
A. School board employees administering tests or other assessment instruments shall not require any public school students being tested to disclose their race or ethnicity on such tests.

Nothing in this subsection shall, however, prevent relevant school division personnel from obtaining such information from the students' permanent record and placing such information on such test or assessment instrument.

B. No student or his parent shall be required to disclose information related to the student's race or ethnicity unless (i) the student or his parent is given an option to designate "other" for the student's race or ethnicity or (ii) such disclosure is required by federal law.

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

Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-4.3. Participation by and notification of noncustodial parent.
Unless a court order has been issued to the contrary, the noncustodial parent of a student enrolled in a public school or day care center (i) shall not be denied the opportunity to participate in any of the student's school or day care activities in which such participation is supported or encouraged by the policies of the school or day care center solely on the basis of such noncustodial status and (ii) shall be included, upon the request of such noncustodial parent, as an emergency contact for the student's school or day care activities.

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

1997, c. 762, § 22.1-279.5; 2001, cc. 688, 820; 2005, c. 34.
Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-5.1. Organizations governing public school interscholastic programs; participation by students in military families.
A. No public elementary or secondary school shall become a member of any organization or entity whose purpose is to regulate or govern interscholastic programs that does not deem eligible for participation a student who:

1. Previously attended the school and (i) moved with a parent, as defined in § 22.1-1, out of the school's attendance area because that parent is a full-time active duty member of the uniformed services of the United States, including service in the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211, and received orders to relocate and (ii) moved back to and currently lives in the school's attendance area; or

2. Continues to live in the school's attendance area, but whose parent, as defined in § 22.1-1, moved out of the school's attendance area because that parent is a full-time active duty member of the uniformed services of the United States, including service in the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211, and received orders to relocate.

B. Nothing in this section shall affect the school board's discretion to admit a student to a public school in the local school division and charge tuition for his attendance if the student is not deemed to reside in the local school division pursuant to §§ 22.1-3 and 22.1-5.

2013, c. 553.

Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-6. Permitted fees and charges.
Except as provided in this title or as permitted by regulation of the Board of Education, no fees or charges may be levied on any pupil by any school board. No pupil's scholastic report card or diploma shall be withheld because of nonpayment of any such fee or charge.

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

Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-6.1. Menstrual supplies; availability; public elementary, middle, and high schools.
A. As used in this section, "menstrual supplies" means tampons or pads for use in connection with the menstrual cycle.

B. Each school board shall make menstrual supplies available, at all times and at no cost to students, in such accessible locations as it deems appropriate in each elementary school in the local school division.

C. Each school board shall make menstrual supplies available, at all times and at no cost to students, in the bathrooms of each middle school and high school in the local school division.

2020, cc. 675, 676.
Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-7. Responsibility of each state board, agency, and institution having children in residence or in custody.
A. Each state board, state agency, and state institution having children in residence or in custody shall have responsibility for providing for the education and training to such children which is at least comparable to that which would be provided to such children in the public school system. Such board, agency, or institution may provide such education and training either directly with its own facilities and personnel in cooperation with the Board of Education or under contract with a school division or any other public or private nonreligious school, agency, or institution.

B. The Board of Education shall supervise the education and training provided to school-age individuals in state training centers, and shall provide for and direct the education for school-age individuals in state hospitals operated by the Department of Behavioral Health and Developmental Services in cooperation with the Department of Behavioral Health and Developmental Services.

C. The Board shall prescribe standards and regulations for all such education and training provided directly by a state board, state agency, or state institution.

D. Each state board, state agency, or state institution providing such education and training shall submit annually its program therefor to the Board of Education for approval in accordance with regulations of the Board.

E. If any child in the custody of any state board, state agency, or state institution is a child with disabilities as defined in § 22.1-213 and such board, agency, or institution must contract with a private nonreligious school to provide special education as defined in § 22.1-213 for such child, the state board, state agency, or state institution may proceed as a guardian pursuant to the provisions of subsection A of § 22.1-218.

F. Any person of school age who is admitted pursuant to § 16.1-338, 16.1-339, or 16.1-340.1 or in accordance with an order of involuntary commitment entered pursuant to §§ 16.1-341 through 16.1-345 to a state facility for children and adolescents operated by the Department of Behavioral Health and Developmental Services shall, upon admission, be permitted to participate in any education program offered in the facility that is administered by the Department of Education, regardless of his enrollment status. Information required to enroll such person in any such education program may be disclosed in accordance with state and federal law. Nothing in this subsection shall be construed to require enrollment in an education program if such person has been excused from attendance at school pursuant to subdivision B 1 of § 22.1-254.

Code 1950, § 22-9.1:04; 1972, c. 603; 1974, c. 480; 1980, c. 559; 1985, c. 207; 1994, c. 854; 2005, c. 928; 2009, cc. 813, 840; 2012, cc. 476, 507; 2019, cc. 173, 281.
Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-7.1. Open school enrollment policy.
A. Any local school board may establish and implement policies to provide for the open enrollment to any school of any student residing within the school division upon the request of a parent or guardian. In developing such policies, a local school board may include the following conditions and limitations:

1. An application process whereby a parent or guardian indicates a school preference for purposes of his child attending a school in the child's school division but outside of the attendance area in which the child resides;

2. A requirement that the parent or guardian provide transportation for the student attending a school other than his assigned school;

3. A requirement that a student may be disqualified from attending a school other than his assigned school if he has been subject to a specified disciplinary action;

4. A prohibition on the recruitment of a student from one school to another by a school division employee;

5. A limitation on participation in certain athletic activities for a student who chooses to attend a school other than his assigned school;

6. A random, unbiased selection process in the event open enrollment requests exceed the capacity of a school;

7. A provision that a student shall be permitted to remain at the receiving school until the student has completed the highest grade level in the school; and

8. A preference to a student (i) who resides in a location that has been subject to a change in school attendance area during the previous two years, (ii) who has a sibling attending the receiving school, or (iii) whose parent or guardian is an employee of the receiving school.

B. A copy of the school division's policies for open enrollment, if any, shall be posted on the division's website and shall be available to the public upon request.

C. Nothing in this section shall interfere with a local school board's authority to adopt a pupil assignment plan pursuant to § 22.1-79.

D. For the purposes of this section, "open enrollment" means a policy adopted and implemented by a local school board to allow any student to enroll in any school within the school division of attendance regardless of the location of the student's residence.

2012, c. 510; 2013, c. 805; 2015, c. 369; 2022, c. 355.
Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-7.2. Enrollment for students residing on a military installation or in military housing.
A. As used in this section, "military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, fort, or other activity under the jurisdiction of the Department of Defense, including any leased facility, that is located in whole or in part within the Commonwealth. "Military installation" does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

B. Any local school board of a school division in which a military installation or other military housing is located shall establish and implement policies to provide for the enrollment to any school of any student residing on a military installation or in military housing within the school division upon the request of his parent if space in the school is available. In developing such policies, a local school board may include any of conditions listed in subsection A of § 22.1-7.1 or any other condition deemed appropriate by the local school board.

C. Each local school board may establish and implement policies providing for the enrollment of any student who (i) does not reside within such school division and (ii) is the dependent of a parent that is a full-time active duty member of the uniformed services of the United States upon request of such student's parent, provided that:

1. Space in the school is available;

2. At least one parent of the student has an identification card issued by the U.S. Department of Defense;

3. At least one parent can provide evidence that he will be on active duty status or active duty orders, such that the parent will be temporarily transferred in compliance with official orders to another location in support of combat, a contingency operation, or a natural disaster requiring the use of orders for more than 30 consecutive days; and

4. The student will be residing with a relative of such student who lives in the applicable school division in which such student is seeking enrollment or will be residing in such school division within six months of requesting enrollment in such school division.

Such policies may include any of the conditions listed in subsection A of § 22.1-7.1. Such policies may provide for the denial of any such enrollment request if the school board can demonstrate that it lacks the resources or capacity.

D. A copy of the school division's policies established and implemented pursuant to subsections B and C shall be posted on the division's website and shall be available to the public upon request.

2018, c. 390; 2025, c. 389.
Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-142. How Fund constituted; management.
There shall be set apart as a permanent and perpetual fund, to be known as the "Literary Fund," the present Literary Fund of the Commonwealth, donations to the Literary Fund, sums appropriated to the Literary Fund, all funds received by the State Treasurer and required to be deposited in the Literary Fund pursuant to Chapter 25 (§ 55.1-2500 et seq.) of Title 55.1 and the proceeds of (i) all public lands donated by Congress for public school purposes, (ii) all escheated property, (iii) all waste and unappropriated lands, (iv) all property accruing to the Commonwealth by forfeiture except those items specifically exempted, (v) all fines collected for offenses committed against the Commonwealth, and (vi) the annual interest on the Literary Fund. The Literary Fund shall be invested and managed by the Board of Education as prescribed by § 22.1-145.

Code 1950, § 22-101; 1971, Ex. Sess., c. 128; 1980, c. 559; 2012, cc. 283, 756.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-143. Money belonging to Fund received in treasury; accountant.
All moneys belonging to the Literary Fund shall be paid into the State Treasury to the credit of the Literary Fund and shall be used for no other purpose whatsoever. The State Treasurer shall be the accountant of the Fund.

Code 1950, §§ 22-101, 22-103; 1971, Ex. Sess., c. 128; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-144. Recovery of moneys due Fund.
Any funds which ought to be paid into the State Treasury to the credit of the Literary Fund shall, unless otherwise provided, be recoverable with interest. Proceedings to recover such funds shall be instituted by the Board of Education in the name of the Commonwealth in the appropriate circuit court.

The Board may appoint agents for the collection of its debts or claims and authorize them to secure payment thereof on such terms as it may approve.

When the estate of any person that is taken under execution or that is for sale under any decree or deed of trust for any debt or claim due the Literary Fund or for any fine will not sell for the amount of such debt, claim or fine, such agent may, under the direction of the Board as to the price, purchase such estate for the Board. He shall immediately report to it every such purchase and the terms thereof. The Board may sell, or appoint an agent to sell, any estate so purchased. Such agent shall sell at such time and on such terms as the Board may authorize. The Board shall take bond from such agent if any money is to come into his hands. Any agent selling land under this section shall, when directed so to do by the Board, execute a deed, with the resolution giving such direction thereto annexed, conveying to the purchaser all the interest which the Board may have in such land. For the service of any agent under this section, the Board may allow compensation, not exceeding in any case ten per centum of the money actually paid into the State Treasury.

Code 1950, § 22-104; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-145. Investment of Fund.
The Board of Education shall invest the Literary Fund in securities that are legal investments under the laws of the Commonwealth for public funds. The Board may call in any such investment and reinvest the same whenever it deems proper for the preservation, security or improvement of the Literary Fund. Whenever the Board shall invest in bonds of this Commonwealth, no premium shall be required or paid on such investment. All securities for money belonging to the Literary Fund shall be deposited with the State Treasurer for safekeeping, who shall return with his annual report a list thereof with a statement of their value.

Code 1950, § 22-102; 1956, c. 184; 1971, Ex. Sess., c. 128; 1980, c. 559; 1985, c. 139.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-146. Power of Board to make loans from fund for erection, etc., of school buildings and fueling facilities for school buses.
The Board of Education may make loans or, subject to the approval of the General Assembly, loan interest rate subsidy payments from the Literary Fund to the school boards of the several school divisions making application therefor in the manner prescribed by law, authorized by the governing body and the school board, for the purposes of (i) erecting, altering or enlarging school buildings in such school divisions; (ii) purchasing and installing educational technology equipment and infrastructure; (iii) equipping school buses for alternative fuel conversions and for construction of school bus fueling facilities for supplying compressed natural gas or other alternative fuels; and (iv) refinancing or redemption of negotiable notes, bonds, and other evidences of indebtedness or obligations incurred by a locality on behalf of a school division which has an application for a Literary Fund loan for an approved school project pending before the Board of Education. For the purpose of this section, "alternative fuels" means motor fuels other than gasoline and diesel fuel.

Code 1950, § 22-105; 1980, c. 559; 1988, c. 88; 1991, c. 682; 1994, c. 689; 1997, c. 372; 2007, c. 121.
Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-146.1. School modernization loan interest rate subsidy payments.
A. The Board of Education shall establish a program to subsidize interest payments on certain loans made by the Virginia Public School Authority to local governing bodies and school boards for the design and construction of new school buildings and facilities or the modernization and maintenance of existing school buildings and facilities as follows:

1. For school divisions with a composite index of local ability-to-pay that is greater than 0.2500 but less than 0.4000 at the time an application to the program is made, the Board may subsidize up to 50 percent of the interest due on such loan; or

2. For school divisions with a composite index of local ability-to-pay that is 0.2500 or less at the time an application to the program is made, the Board may subsidize up to 100 percent of the interest rate on such loan.

B. The aggregate amount of subsidies provided pursuant to this section shall not exceed the allocation specified in the general appropriation act for each fiscal year.

C. For each loan, the annual subsidy amount shall not include both:

1. Interest or other loan-related costs related to any part of the loan that exceed $7.5 million in loan value; and

2. Interest on any part of the loan that exceeds the rate that the local governing body or school board would have obtained for such loan under the provisions of §§ 22.1-146 and 22.1-150.

2019, c. 807.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-147. Application for and distribution of funds.
A. The Board shall establish an annual open application process for Literary Fund loans that shall occur during the period that the Board deems most suitable. The Board shall prioritize applications on the basis of the composite index of local ability-to-pay.

B. The Board shall provide for an equitable distribution of the funds loaned or provided as loan interest rate subsidy payments from the Literary Fund among the several school divisions. In providing for such equitable distribution, the Board shall impose a maximum limit of not more than $25 million on the amount of any loan from the Literary Fund. The Board shall offer a loan add-on not to exceed $5 million per loan for projects that result in school consolidation and the net reduction of at least one existing school.

Code 1950, § 22-106; 1977, c. 157; 1980, c. 559; 1988, c. 88; 1997, c. 384; 1998, c. 70; 2022, Sp. Sess. I, c. 20.
Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-148. Restrictions upon making loans; retirement of previous loans; waiting lists.
A. No loan from the Literary Fund shall exceed 100 percent of the cost of the building, addition thereto, and site for which such loan is made. No loan shall be made from the Literary Fund to aid in the erection of a building or addition that costs less than $500. Whenever a loan is made from the Literary Fund for the purpose of enlarging a building, any part of the proceeds of such loan may, in the discretion of the Board, be used to retire any previous loan or loans on such building although not matured at the time of such additional loan. The Board may refuse to make any loan from the Literary Fund to any school board that is in default in the payment of any part of the principal of any previous loan from the Literary Fund or which for the two years next preceding the loan has been more than six months in default in the payment of interest due on any loan from the Literary Fund.

B. Any school division that has an application for a Literary Fund loan for an approved school project pending before the Board shall not be denied or delayed in obtaining such loan solely for the reason that alternative financing had been obtained to begin or complete construction on such project.

C. Notwithstanding the provisions of subsection B, the Board may remove any project that has been inactive for at least five years from any project waiting list that it maintains.

Code 1950, § 22-111; 1980, c. 559; 1985, c. 226; 1994, c. 689; 2007, c. 121; 2022, Sp. Sess. I, c. 20.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-149. Additional funds for loans.
When loans have been approved by the Board from time to time in such amounts that no sufficient balance is left in the Literary Fund from which to make additional loans, the Board is authorized to sell the bonds, notes or other evidences of debt of the school boards for which such loans are approved for investment of the trust funds of the Virginia Retirement System in such amount as may be approved by the Board of Trustees of the Virginia Retirement System in accordance with the provisions of § 51.1-124.30, in order to make such additional loans.

Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-150. Rate of interest.
The Board, in consultation with the Department of Treasury, shall establish loan interest rates that are benchmarked to a market index on an annual basis, not to exceed two percent per year for the localities with a school division composite index of local ability-to-pay between 0.0 and 0.299. The Board shall utilize a sliding scale based on the local school division's composite index of local ability-to-pay to determine the interest rate on each such loan. Every loan made under the provisions of this chapter by selling the bonds, notes, or other evidences of debt of school boards for investment of the trust funds of the Virginia Retirement System shall bear interest at a rate not to exceed the maximum interest rate per year as established by the Board.

Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559; 2022, Sp. Sess. I, c. 20.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-151. Evidence of loan.
A. A loan from the Literary Fund shall be evidenced by bonds or notes payable to the Commonwealth of Virginia for the benefit of the Literary Fund, executed or signed by the mayor or the chairman of the governing body and the chairman of the school board and attested by the clerk thereof. Evidence of debt taken for such loans shall be deposited with the State Treasurer and kept by him.

B. Upon the request of a locality, any memorandum of lien held on behalf of the Literary Fund prior to July 1, 2007, and deposited with the State Treasurer or recorded in the appropriate circuit court shall be marked as released. The release of such lien shall in no way affect the obligations of the locality under the loan.

Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559; 2007, c. 121; 2008, c. 365.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-152. Payment of principal and interest.
Payments of interest and principal shall be made to the State Treasurer. A loan from the Literary Fund shall be repayable in annual installments from five to thirty years. The time of payment may be extended in the discretion of the Board of Education; but if the Board of Education has assigned any of the bonds, notes or other evidences of the loan to the Board of Trustees of the Virginia Retirement System under the provisions of § 51.1-124.30 and the same are held by the Board of Trustees of the Virginia Retirement System, the time of payment thereof may not be extended by the Board of Education but may be extended by the Board of Trustees of the Virginia Retirement System, in its discretion.

Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-153. School boards authorized to borrow from Fund; form of application.
The school boards of the several school divisions are authorized to borrow money belonging to the Literary Fund, and any school board desiring to borrow from the Fund shall make written application to the Board of Education for such loan on a form to be prescribed by the Board. In the case of a regional or joint school, the school boards of the school divisions participating in such school may jointly apply to borrow money for the benefit of the regional or joint school.

The Board shall not disburse any proceeds of any approved loan prior to its receipt of the concurrent approval of the governing body at the time of initial disbursement and an acceptable opinion of bond counsel obtained by the governing body as to the validity of the loan.

Code 1950, § 22-107; 1980, c. 559; 2007, c. 121; 2018, c. 591.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-154. Repealed.
Repealed by Acts 2007, c. 121, cl. 2.
Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-158. Provisions for payment.
The governing body of any county, city or town, if the town constitutes the school division, in which the school board has borrowed money from the Literary Fund shall include in its levies and appropriate to the school board a fund sufficient to meet the liabilities of the school board on such loan for the construction or renovation or enlarging of any school building, regardless of whether the title to the site is held by the school board, the local governing body or by a third party with whom the school board has entered into a long-term lease. The governing body of any county in which the school board thereof has borrowed money from the Literary Fund for construction of school facilities located in a town in such county constituting a separate school division shall have authority to include in its levies for such town, a levy sufficient to meet the liabilities of the school board on such loan and shall levy a separate tax in the rest of the county to meet its liabilities on any contract for school facilities constructed outside such town. In the event that such school board shall fail to pay any installment of interest or principal promptly, upon notice in writing to that effect from the State Treasurer, the county, city or town treasurer shall pay to the State Treasurer any such past-due installment of interest or principal, out of the funds in his hands belonging to such county, city or town. The failure of such governing body to provide for the payment of such loan or the interest thereon when and as due shall be deemed a cause for removal of the members thereof from office on motion before the circuit court having jurisdiction in such county, city or town, instituted by the attorney for the Commonwealth of such county or city or by the Attorney General where the attorney for the Commonwealth refuses or neglects to act after demand is made on him to proceed.

For the purposes of this section, "long-term lease" means a lease for a term of twenty-five years or more.

Code 1950, § 22-113; 1976, c. 334; 1980, c. 559; 1998, c. 719.
Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-159. Loans for construction of school facilities to serve portions of counties; levy of taxes for purpose of repaying such loans.
Notwithstanding any other provision of law to the contrary, the school board of any school division composed of part or all of a county, with the approval of the governing body of the county, is authorized to borrow from the Literary Fund for the purpose of constructing school facilities in such county to serve a portion of such county. Taxes on property in the magisterial districts served by such facilities shall be levied by the governing body of the county and collected for the purpose of repaying such loan; provided that, for the purposes of this section, a magisterial district shall not include a town constituting a separate school division but the governing body of the county may levy a separate tax on property in a town in such county constituting a separate school division to repay money borrowed by such county from the Literary Fund for the purpose of constructing school facilities in such town. Except as otherwise provided by this section all other provisions of law relating to Literary Fund loans shall apply to a loan authorized by this section.

Code 1950, § 22-107.3; 1962, c. 177; 1976, c. 334; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-160. School boards authorized to anticipate payment of loans.
Any school board which is indebted for any money borrowed from the Literary Fund may anticipate the payment of the principal amount of any such loan or loans, or any part thereof, by the payment of such principal amount with interest thereon to the date of such anticipated payment and may borrow money and issue bonds for the purpose of raising funds to pay any notes or other obligations of the school board now and hereafter held by the Literary Fund.

Code 1950, § 22-115; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 10 (Literary Fund)
§ 22.1-161. Loan declared indebtedness of the county, city or town; lien on locality's funds created.
Any bonds or notes of a school board held by the Literary Fund are hereby declared to be valid and legally binding indebtedness of the county, city or combination thereof constituting the school division or of the town if the town constitutes the school division. There shall be a lien in favor of the Literary Fund on all funds and income of the county, city or town for the amount of such bonds and notes. Therefore, Literary Fund loans are considered to be general obligation debt of the governing body as defined in § 15.2-2602, and are subject to the provisions of §§ 15.2-2638 and 15.2-2659. The provisions of this section shall not be affected by the release of any memorandum of lien pursuant to subsection B of § 22.1-151.

Code 1950, §§ 22-102, 22-115; 1956, c. 184; 1971, Ex. Sess., c. 128; 1980, c. 559; 2007, c. 121; 2008, c. 365.
Code of Virginia — Title 22.1 (Education), Chapter 10.1 (BORROWING BY SCHOOL BOARDS FROM VIRGINIA RETIREMENT SYSTEM)
§ 22.1-161.1. Borrowing for capital projects for school purposes authorized.
In conformity with Article VII, Section 10 of the Constitution of Virginia, any school board is hereby authorized to contract to borrow money from the Virginia Retirement System for capital projects for school purposes, with the approval of the governing body of each county and city or part thereof constituting the school division, or of the town if the town constitutes the school division; and the Board of Trustees of the Virginia Retirement System is hereby authorized to lend the money if it is available for investment, subject to and in conformity with the provisions of this chapter.

1995, c. 250.

Code of Virginia — Title 22.1 (Education), Chapter 10.1 (BORROWING BY SCHOOL BOARDS FROM VIRGINIA RETIREMENT SYSTEM)
§ 22.1-161.2. Resolution by school board; approval or rejection by governing body; indebtedness evidenced by bonds.
Whenever a school board desires to contract with the Board of Trustees of the Virginia Retirement System to borrow money for capital projects for school purposes, it shall adopt a resolution setting forth the purpose for which it is desired to borrow the money and the amount of such proposed borrowing. Such resolution shall be entered in the minutes of the school board, and a copy of the same, certified by the clerk of the school board, shall be submitted by the school board to the governing body of the county, city or town for its approval or rejection. If the governing body approves the resolution, it shall enter its approval in its minutes, and the school board may then endeavor to negotiate an agreement with the Board of Trustees of the Virginia Retirement System for the borrowing of such money. If agreement is reached, the question of borrowing such money on the terms agreed upon by the school board and the Board of Trustees of the Virginia Retirement System shall again be submitted to the governing body of the county, city or town for its approval or rejection. If the governing body approves the terms of the agreement, it shall enter its approval in its minutes, and the school board may then, by resolution entered in its minutes, provide for the issuance of negotiable bonds evidencing the indebtedness for sale to the Virginia Retirement System. Such bonds shall be issued in conformity with the provisions of this chapter.

1995, c. 250.
Code of Virginia — Title 22.1 (Education), Chapter 10.1 (BORROWING BY SCHOOL BOARDS FROM VIRGINIA RETIREMENT SYSTEM)
§ 22.1-161.3. Issuance of bonds; procedure; form and requirements.
Such bonds shall be issued by the school board in the name of the county, city or town. For the payment of the principal of and the interest on such bonds, the full faith and credit of the county, city or town shall be pledged. The bonds shall be signed by the chairman of the school board and countersigned by the clerk thereof, but the bonds may bear or be executed with the facsimile signature of one of such officials, and in the case of coupon bonds, the coupons may bear the facsimile signatures of both of such officials; the bonds shall be under the seal of the school board, but in lieu of impressing such seal physically upon such bonds, a facsimile of such seal may be imprinted on the bonds if so authorized by the school board. The bonds shall be in the denomination or denominations of not less than $1,000 each; they may be in coupon or registered form, or both, as may be agreed upon by the school board and the Board of Trustees of the Virginia Retirement System; they shall bear interest at the agreed rate or rates, and such interest shall be payable semiannually; they shall be serial bonds with maturities and amounts as agreed upon but the first maturity date shall not be longer than two years from the date of such bonds and the maximum maturity date shall not be longer than thirty years from the date of such bonds. The place or places of payment of principal and interest shall be as agreed upon by the school board and the Board of Trustees of the Virginia Retirement System. In case any officer whose signature or a facsimile thereof shall appear on any bond or coupon shall cease to be such officer before the delivery of such bond, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any bond may bear the signature of a person who at the actual time of the execution of such bond shall be the proper officer to sign the bond although at the date of the bond, the person may not have been such officer.

1995, c. 250.

Code of Virginia — Title 22.1 (Education), Chapter 10.1 (BORROWING BY SCHOOL BOARDS FROM VIRGINIA RETIREMENT SYSTEM)
§ 22.1-161.4. Disposition of proceeds from sale of bonds; separate fund.
All proceeds received from the sale of the bonds issued under the provisions of this chapter shall be paid to the treasurer or chief financial officer of the county, city or town, who shall promptly deposit such funds in a bank or banks as prescribed by general law. He shall account for such money through a fund, separate from all other funds, in the system of accounting.

1995, c. 250.
Code of Virginia — Title 22.1 (Education), Chapter 10.1 (BORROWING BY SCHOOL BOARDS FROM VIRGINIA RETIREMENT SYSTEM)
§ 22.1-161.5. Investment of proceeds pending application to authorized purpose.
Pending the application of the proceeds of any bonds issued under the provisions of this chapter to the purpose for which such bonds have been issued, all or any part of such proceeds may be invested, upon resolution of the school board, in securities that are legal investments under the laws of this Commonwealth for public sinking funds, which shall mature, or which shall be subject to redemption by the holder thereof at the option of such holder, not later than the date on which the moneys will be required to make the payments for which such moneys have been designated. Any security so purchased as investment of the proceeds of such bonds shall be deemed at all times to be a part of such proceeds, and the interest accruing thereon and any profit realized from such investment shall be credited to such proceeds. Any security so purchased shall be held by the treasurer or chief financial officer of the county, city or town, and shall be sold by him upon resolution of the school board directing such sale, at the best price obtainable, or presented for redemption, whenever it shall be necessary, as determined by such resolution, in order to provide moneys to meet the purpose for which the bonds shall have been issued.

1995, c. 250.

Code of Virginia — Title 22.1 (Education), Chapter 10.1 (BORROWING BY SCHOOL BOARDS FROM VIRGINIA RETIREMENT SYSTEM)
§ 22.1-161.6. Repealed.
Repealed by Acts 1996, cc. 105 and 819.

Code of Virginia — Title 22.1 (Education), Chapter 10.1 (BORROWING BY SCHOOL BOARDS FROM VIRGINIA RETIREMENT SYSTEM)
§ 22.1-161.7. Tax to pay principal and interest on bonds.
For the payment of the principal of and the interest on any bonds issued under the provisions of this chapter, the governing body of the county, city or town is hereby authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the county, city or town are assessed, levied and collected, a tax upon all locally taxable property within the county, city or town over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable.

1995, c. 250.
Code of Virginia — Title 22.1 (Education), Chapter 10.1 (BORROWING BY SCHOOL BOARDS FROM VIRGINIA RETIREMENT SYSTEM)
§ 22.1-161.8. Bonds deemed negotiable instruments; sale of bonds by Trustees of Retirement System; bonds made legal investments.
Bonds issued under the provisions of this chapter and purchased by the Board of Trustees of the Virginia Retirement System shall be deemed negotiable instruments under the laws of this Commonwealth. The Board of Trustees may, in its discretion, sell any such bonds so purchased and held by it at such time or times as to it may seem desirable in the management of the funds under its control; and such bonds are hereby made securities in which all public officers and bodies of this Commonwealth, and all counties, cities and towns and municipal subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, trust companies, beneficial and benevolent associations, administrators, guardians, executors, trustees and other fiduciaries in this Commonwealth may properly and legally invest funds under their control.

1995, c. 250.
Code of Virginia — Title 22.1 (Education), Chapter 11 (VIRGINIA PUBLIC SCHOOL AUTHORITY)
§ 22.1-162. Definitions.
As used in this chapter:

1. "Authority" means the Virginia Public School Authority.

2. "Board of Commissioners" means the Board of Commissioners of the Authority.

3. "Bonds of the Authority" includes notes and other obligations issued by the Authority for any of its purposes.

4. "Local school bonds" means bonds or other obligations issued by counties, cities and towns under the provisions of Chapter 26 (§ 15.2-2600 et seq.) of Title 15.2 solely for the purpose of financing capital projects for public schools.

1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 11 (VIRGINIA PUBLIC SCHOOL AUTHORITY)
§ 22.1-163. Authority created; public body corporate and agency of Commonwealth.
The Virginia Public School Authority is created as a public body corporate and an agency and instrumentality of the Commonwealth.

Code 1950, § 22-29.3; 1962, c. 194; 1980, c. 559; 1998, cc. 4, 900.

Code of Virginia — Title 22.1 (Education), Chapter 11 (VIRGINIA PUBLIC SCHOOL AUTHORITY)
§ 22.1-164. Board of Commissioners; membership; terms; compensation and expenses; chairman and vice-chairman; quorum; employees, agents, etc.
All powers, rights and duties conferred by this chapter or other provisions of law upon the Authority shall be exercised by the Board of Commissioners of the Virginia Public School Authority. The Board of Commissioners shall consist of the State Treasurer, the State Comptroller, the Superintendent of Public Instruction or his designee, and five additional members to be appointed by the Governor, subject to confirmation by the General Assembly, who shall serve at the pleasure of the Governor for terms of six years each. Appointments to fill vacancies other than by expiration of term shall be made for the unexpired terms. The chairman and members of the Board of Commissioners shall receive such compensation as provided for by law.

The Governor shall designate one member of the Board of Commissioners as chairman who shall serve a two-year term. No member shall be eligible to serve more than two consecutive terms as chairman. The chairman shall be the chief executive officer of the Authority and shall receive such compensation as the Governor shall fix. The State Treasurer, the State Comptroller, the Superintendent of Public Instruction and his designee shall be ineligible to serve as chairman. The chairman shall sign and execute all vouchers for the disbursement of funds belonging to the Authority upon authorization by the Board. Five members of the Board of Commissioners shall constitute a quorum for the transaction of all business of the Authority. The Board of Commissioners shall elect one of its members as vice-chairman, who shall exercise the powers of the chairman when so directed by the chairman.

The Board of Commissioners may employ or retain such employees, agents, financial advisers and attorneys as it may deem necessary and fix their compensation.

Code 1950, § 22-29.4; 1962, c. 194; 1972, c. 745; 1976, c. 22; 1980, cc. 559, 728; 2011, cc. 691, 714.