dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-58. Division superintendent required.
For each school division there shall be a division superintendent of schools.

1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-59. Qualifications of superintendent.
The Board of Education shall prescribe by regulation the minimum qualifications for the position of division superintendent of schools and a copy of such regulations shall be furnished to all applicants.

Code 1950, § 22-31; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-60. Appointment and term of superintendent; certain contractual matters.
A. The division superintendent of schools shall be appointed by the school board of the division from the entire list of eligibles certified by the State Board. All contract terms for superintendents shall expire on June 30. The division superintendent shall serve for an initial term of not less than two years nor more than four years. At the expiration of the initial term, the division superintendent shall be eligible to hold office for the term specified by the employing school board, not to exceed four years.

Except as provided in subsection B, the division superintendent shall be appointed by the school board within 180 days after a vacancy occurs. In the event a school board appoints a division superintendent in accordance with the provisions of this section and the appointee seeks and is granted release from such appointment prior to assuming office, the school board shall be granted a 60-day period from the time of release within which to make another appointment.

B. A school board that has not appointed a superintendent within 120 days of a vacancy shall submit a written report to the Superintendent of Public Instruction demonstrating its timely efforts to make an appointment. Upon request, a school board shall be granted up to an additional 180 days within which to appoint a division superintendent.

C. No school board shall renegotiate a superintendent's contract during the period following the election or appointment of new members and the date such members are qualified and assume office.

D. Whenever a superintendent's contract is being renegotiated, all members of the school board shall be notified at least 30 days in advance of any meeting at which a vote is planned on the renegotiated contract unless the members agree unanimously to take the vote without the 30 days' notice. Each member's vote on the renegotiated contract shall be recorded in the minutes of the meeting.

Code 1950, §§ 22-32, 22-33; 1954, c. 638; 1958, c. 44; 1970, c. 155; 1971, Ex. Sess., c. 225; 1972, c. 434; 1980, c. 559; 1983, c. 145; 1989, c. 550; 1992, c. 164; 1996, c. 759; 2002, cc. 165, 374; 2003, c. 866; 2018, c. 136.
Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-60.1. Evaluation of superintendent.
Each local school board shall evaluate the division superintendent annually consistent with the performance objectives set forth in Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Administrators, and Superintendents as required by § 22.1-253.13:5.

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

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-61. When Board to appoint superintendent.
In the event that a school board fails to appoint a division superintendent within the time prescribed by § 22.1-60, the State Board shall appoint such division superintendent.

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

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-62. Appointment of same person by two or more school divisions; approval of part-time superintendent by State Board.
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.

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-63. Certain officers ineligible for or to hold office of superintendent.
A. No member of the governing body of a county, city or town and no member of a school board shall be eligible for the office of division superintendent of schools in the school division in which he serves.

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

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

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-64. Oath of superintendent.
Every division superintendent, before entering upon the duties of office, shall take and subscribe the oath prescribed for an officer of this Commonwealth as provided in Chapter 1 (§ 49-1 et seq.) of Title 49 of this Code, and a certificate of the clerk of the court in which the oath is administered setting forth the qualification and its record shall be furnished the Superintendent of Public Instruction.

Code 1950, § 22-39; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-65. Punishment of division superintendents.
A division superintendent may be assessed a reasonable fine, suspended from office for a limited period or removed from office by either the Board of Education, upon recommendation of the Superintendent of Public Instruction or the school board of the division for sufficient cause. A division superintendent may appeal to the appropriate circuit court any decision of the Board of Education or school board to assess a fine against him or to suspend or remove him from office and shall be entitled to a trial de novo on such appeal of whether there was sufficient cause therefor.

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

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-66. Vacancy in office.
The office of any division superintendent, whether full-time or part-time, shall be deemed vacant upon his engaging in any other business or employment during his term of office as such superintendent unless such superintendent was granted prior approval by the school board or school boards appointing him, or upon his resignation or his removal from office.

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

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-67. Expenses of superintendents.
Each school board shall provide for the necessary traveling and office expenses of the division superintendent. Detailed records of all such expenses shall be kept by the division superintendent.

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

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-68. Records.
Each division superintendent shall ensure that an accurate record of all receipts and disbursements of school funds and all statistical information which may be required by the State Board is kept.

Code 1950, § 22-36.1; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-69. Superintendent to attend meetings.
The division superintendent or, in his absence or inability to attend, a person designated by him and approved by the school board shall be present at all meetings of the school board except that on affirmative vote of a majority of the members of the school board, attendance of the division superintendent or his designee may be dispensed with at a special meeting of the school board. If matters pertaining to the division superintendent personally are under discussion at any such meeting, he shall remain subject to the call of the school board.

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

Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-70. Powers and duties of superintendent generally.
A division superintendent shall perform such other duties as may be prescribed by law, by the school board and by the State Board.

Code 1950, § 22-36; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-70.1. Reports of certain ratios to local school boards.
The division superintendent shall report annually to the local school board regarding divisionwide ratios of students in average daily membership to full-time equivalent teaching positions. The report shall indicate, among other things, the ratio of regular classroom teachers, excluding resource teachers, to students in average daily membership in each of the grades for all public schools in the division. The ratio of regular classroom teachers, including resource teachers, to students in average daily membership in each of the grades for all public schools in the division shall be indicated separately in the same annual report.

1998, c. 815.
Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-70.2. Acceptable Internet use policies for public and private schools.
A. Every two years, each local school board shall review, amend if necessary, and approve the school division's acceptable use policy for the Internet. At a minimum, the policy shall contain provisions that (i) are designed to prohibit use by division employees and students of the division's computer equipment and communications services for sending, receiving, viewing, or downloading illegal material via the Internet; (ii) seek to prevent access by students to material that the school division deems to be harmful to juveniles as defined in § 18.2-390; (iii) select a technology for the division's computers having Internet access to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1:1 and obscenity as defined in § 18.2-372; (iv) establish appropriate measures to be taken against persons who violate the policy; and (v) include a component on Internet safety for students that is integrated in a division's instructional program. The policy may include such other terms, conditions, and requirements as deemed appropriate, such as requiring written parental authorization for Internet use by juveniles or differentiating acceptable uses among elementary, middle, and high school students.

Each school division's policy shall be posted on its website in accordance with § 22.1-253.13:7. Additionally, each local school division shall certify compliance with these requirements annually to the Department of Education.

B. The superintendent shall take such steps as he deems appropriate to implement and enforce the division's policy.

C. In addition to the foregoing requirements regarding public school Internet use policies, the principal or other chief administrator of any private school that satisfies the compulsory school attendance law pursuant to § 22.1-254 and accepts federal funds for Internet access shall select a technology for its computers having Internet access to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1:1 and obscenity as defined in § 18.2-372.

D. The Superintendent of Public Instruction shall issue guidelines to school divisions regarding instructional programs related to Internet safety.

1999, c. 64; 2001, c. 269; 2006, cc. 52, 474; 2010, c. 61.
Code of Virginia — Title 22.1 (Education), Chapter 6 (Division Superintendents)
§ 22.1-70.3. (Expires July 1, 2028) Designation of teacher shortage areas.
Each division superintendent shall at least annually, if so requested by the local school board pursuant to subdivision 9 of § 22.1-79, survey the relevant local school division to identify critical shortages of (i) teachers and administrative personnel by subject matter, (ii) specialized student support positions as that term is described in subsection O of § 22.1-253.13:2, and (iii) school bus drivers and report such critical shortages to the school board, Superintendent of Public Instruction, and to the Virginia Retirement System.

2004, c. 563; 2020, cc. 379, 437; 2023, cc. 690, 707, 708.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-71. School board constitutes body corporate; corporate powers.
The duly appointed or elected members shall constitute the school board. Every such school board is declared a body corporate and, in its corporate capacity, is vested with all the powers and charged with all the duties, obligations and responsibilities imposed upon school boards by law and may sue, be sued, contract, be contracted with and, in accordance with the provisions of this title, purchase, take, hold, lease and convey school property, both real and personal. School board members appointed or elected by district or otherwise shall have no organization or duties except such as may be assigned to them by the school board as a whole.

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

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-72. Annual organizational meetings of school boards.
Each school board shall hold its annual organizational meeting for the purpose of establishing its regular meeting schedule for the ensuing year as follows: (i) in January or July, if the school board serves a city or town constituting a school division, regardless of whether its members are appointed or elected or any combination thereof; (ii) in July, if the school board serves a county constituting a school division and its members are solely appointed; or (iii) in January or July, if the school board serves a county constituting a school division and its members are elected in whole or in part.

A school board may also hold special meetings when necessary. Each school board shall fix its own procedure for calling and holding any special meeting.

Code 1950, §§ 22-45, 22-46, 22-97; 1954, c. 291; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559; 1995, c. 74; 2002, cc. 222, 231.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-73. Quorum.
At any meeting of a school board a majority of such board shall constitute a quorum.

Code 1950, § 22-51; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-74. Minutes of meetings.
The minutes of all school board meetings shall be signed by the chairman and clerk.

Code 1950, § 22-52; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-75. Procedure in case of tie vote.
In any case in which there is a tie vote of the school board of any school division when all the members are not present, the question shall be passed by until the next meeting when it shall again be voted upon even though all members are not present. In any case in which there is a tie vote on any question after complying with this procedure or in any case in which there is a tie vote when all the members of the school board are present, the proceedings thereon shall be in conformity with the proceedings prescribed below, except that the tie breaker, if any, appointed pursuant to § 15.2-410, 15.2-531, 15.2-837, 22.1-40, 22.1-44, or 22.1-47, or elected pursuant to § 15.2-627 or 22.1-57.3, whichever is applicable, shall cast the deciding vote.

In any case in which there is a tie vote of the school board, the clerk shall record the vote; immediately notify the tie breaker to vote; and request his presence, if practicable, at the present meeting of the board. However, if that is not practicable, the board may adjourn to a day fixed in the minutes of the board or, in case of a failure to agree on a day, to a day the clerk fixes and enters in the minutes. At the present meeting or on the day named in the minutes, the tie breaker shall attend. He shall be entitled to be fully advised on the matter upon which he is to vote. If not prepared to vote at the time, he may require the clerk to enter an order adjourning the meeting to some future day, not to exceed thirty days, to be named in the minutes. He may have continuances, not to exceed thirty days, entered until he is ready to vote. When he votes, the clerk shall record his vote; the tie shall be broken; and the question shall be decided as he votes. If a meeting for any reason is not held on the day named in the minutes, the clerk shall enter on the minute book a day within ten days as a substitute day and notify all the members, and this shall continue until a meeting is held. After a tie has occurred, the tie breaker shall be considered a member of the board for the purpose of counting a quorum for the sole purpose of breaking the tie.

Code 1950, § 22-70; 1972, c. 129; 1980, c. 559; 1981, c. 246; 1995, c. 56; 2006, c. 29; 2007, c. 100; 2014, c. 772.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-76. Chairman; clerk; vice-chairman; deputy clerk; terms; compensation and bonds of clerk and deputy clerk; officers ineligible to serve as clerk and deputy clerk; approval of division superintendent's designee.
A. Except as provided in § 22.1-57.3:3, at its annual meeting each school board shall elect one of its members as chairman, shall approve a designee of the division superintendent to attend meetings of the school board in the absence or inability to attend of the superintendent and on recommendation of the division superintendent shall appoint a clerk of the school board. The school board may also elect one of its members as vice-chairman and may appoint a deputy clerk who shall be empowered to act in all matters in case of the absence or inability to act of the chairman or clerk, respectively, or as otherwise provided by resolution of the school board. The term of the chairman, clerk and any vice-chairman and deputy clerk shall be one year.

B. The school board shall fix the compensation of the clerk and any deputy clerk.

C. The school board shall require the clerk and any deputy clerk each to furnish a corporate surety bond conditioned upon the faithful performance and discharge of his duties as such. The school board shall fix the amount of each bond which shall not be less than $10,000. The premium for each bond shall be paid by the school board.

D. No mayor, member of the governing body, other officer or deputy officer of a city, town or county, other than the division superintendent, shall be eligible for appointment as clerk or deputy clerk of a school board in such city, town or county.

Code 1950, §§ 22-48, 22-48.1, 22-48.2, 22-71, 22-98; 1952, cc. 280, 593; 1954, c. 638; 1980, c. 559; 1995, c. 842.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-77. Duties of clerk.
The clerk of the school board shall keep in a separate volume the minutes of the meetings of the school board, including all bids submitted on any building, material, supplies, work, or project to be let to contract by such school board, and in another volume a receipt and disbursement record as prescribed by the Board of Education and shall keep on file vouchers, contracts, and other official papers. They shall be subject to such periodic examinations as shall be prescribed or approved by the Board of Education. The clerk may keep such volumes, vouchers, contracts, and other official papers electronically. The clerk shall discharge, under the general direction of the division superintendent, such other duties in connection with the business of the school division as may be required of him by the school board or the Board of Education.

Code 1950, § 22-53; 1980, c. 559; 2015, cc. 330, 388.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-78. Bylaws and regulations.
A school board may adopt bylaws and regulations, not inconsistent with state statutes and regulations of the Board of Education, for its own government, for the management of its official business and for the supervision of schools, including but not limited to the proper discipline of students, including their conduct going to and returning from school.

Code 1950, §§ 22-72, 22-96, 22-97; 1954, cc. 289, 291; 1956, Ex. Sess., c. 60; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1968, c. 501; 1970, c. 71; 1971, Ex. Sess., c. 161; 1972, c. 511; 1975, cc. 308, 328; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-79.1. Opening of the school year; approvals for certain alternative schedules.
A. Each local school board shall set the school calendar so that the first day students are required to attend school shall be no earlier than 14 days before Labor Day. In each school division in which the school board sets the school calendar so that the first day students are required to attend school is before Labor Day, such school board shall close each school in the school division from the Friday immediately preceding Labor Day through Labor Day. The Board of Education may waive this requirement based on a school board certifying that it meets the good cause requirements of subsection B.

B. For purposes of this section, "good cause" means a school division is providing its students, in the school year for which the waiver is sought, with instructional programs that are offered on a year-round basis by the school division in one or more of its elementary or middle or high schools. Any waiver provided pursuant to this subsection shall only apply to the opening date for those schools where such year-round instructional programs are offered.

C. Individual schools may propose, and local school boards may approve, pursuant to guidelines developed by the Board of Education, alternative school schedule plans providing for the operation of schools on a four-day weekly calendar, so long as a minimum of 990 hours of instructional time is provided for grades kindergarten through 12.

D. Notwithstanding the provisions of this section or any other provision of law, the school board of any school division located in Planning District 16 that was not granted a good cause waiver pursuant to this section for the 2018-2019 school year but would qualify for such a waiver pursuant to this section as it was in effect prior to July 1, 2019, for the 2019-2020 school year may set the school calendar so that the first day students are required to attend is earlier than Labor Day, including earlier than 14 days before Labor Day. Additionally, the school board of any school division located in Planning District 16 that is entirely surrounded by two school divisions that either were granted a waiver pursuant to Chapter 3 of the Acts of Assembly of 2012, Special Session I, or would qualify for a good cause waiver pursuant to this section as it was in effect prior to July 1, 2019, for the 2019-2020 school year may open schools on the same opening date as either such surrounding school division.

E. Notwithstanding the provisions of this section or any other provision of law, the school board of any school division from which students attend Northern Neck Technical Center may set the school calendar so that the first day that students are required to attend school is earlier than Labor Day, including earlier than 14 days before Labor Day.

1986, c. 587; 1998, c. 702; 2003, c. 724; 2010, cc. 49, 88; 2011, cc. 216, 387; 2015, cc. 701, 702; 2019, cc. 569, 570, 637; 2020, cc. 582, 695.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-79.2. Uniforms in public schools; Board of Education guidelines.
A. The Board of Education shall develop model guidelines for local school boards to utilize when establishing requirements for pupils to wear uniforms. In developing these guidelines, the Board shall consider (i) ways to promote parental and community involvement, (ii) relevant state and federal constitutional concerns, such as freedom of religion and freedom of speech, and (iii) the ability of pupils to purchase such clothing.

B. Upon approval by the Board of the model guidelines, local school boards may establish requirements, consistent with the Board's guidelines, for the students enrolled in any of their schools to wear uniforms while in attendance at such school during the regular school day. No state funds may be used for the purchase of school uniforms.

1995, cc. 508, 521, 526.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-79.3:1. Student cell phone and smart device possession and use policies; development and implementation.
A. As used in this section:

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

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

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

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

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

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

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

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

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

2025, cc. 606, 644.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-79.5. Policy regarding retail tobacco products and hemp products intended for smoking.
Each school board shall develop and implement a policy to prohibit, at any time, the use and distribution of any retail tobacco product or hemp product intended for smoking, as those terms are defined in § 18.2-371.2, on a school bus, on school property, or at an on-site or off-site school-sponsored activity.

Such policy shall include (i) provisions for its enforcement among students, employees, and visitors, including the enumeration of possible sanctions or disciplinary action consistent with state or federal law, and (ii) referrals to resources to help staff and students overcome tobacco addiction.

Each school board shall work to ensure adequate notice of this policy.

2014, c. 326; 2019, cc. 172, 246; 2024, cc. 796, 821.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-79.6. Employee lactation support policy.
Each local school board shall adopt a policy to set aside, in each school in the school division, a non-restroom location that is shielded from the public view to be designated as an area in which any mother who is employed by the local school board or enrolled as a student may take breaks of reasonable length during the school day to express milk to feed her child until the child reaches the age of one.

2014, c. 380.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-79.7. School meal policies; donations.
A. Each local school board shall adopt policies that:

1. Prohibit school board employees from requiring a student who cannot pay for a meal at school or who owes a school meal debt to throw away or discard a meal after it has been served to him, do chores or other work to pay for such meals, or wear a wristband or hand stamp;

2. Require school board employees to direct any communication relating to a school meal debt to the student's parent. Such policy may permit such communication to be made by a letter addressed to the parent to be sent home with the student;

3. Prohibit the school board from filing a lawsuit against a student or the student's parent because the student cannot pay for a meal at school or owes a school meal debt; and

4. Prohibit the school board or any school board employee from denying a student the opportunity to participate in any extracurricular school activity because the student cannot pay for a meal at school or owes a school meal debt.

B. Any school board may solicit and receive any donation or other funds for the purpose of eliminating or offsetting any school meal debt at any time and shall use any such funds solely for such purpose.

2018, cc. 384, 712; 2020, cc. 509, 575; 2021, Sp. Sess. I, c. 106; 2022, c. 686.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-79.7:1. School meals; availability to students.
A. Each school board shall require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make lunch and breakfast available pursuant to such programs to any student who requests such a meal, regardless of whether such student has the money to pay for the meal or owes money for meals previously provided, unless the student's parent has provided written permission to the school board to withhold such a meal from the student.

B. Nothing in this section shall be construed to limit the ability of a school board to collect payment for meals provided pursuant to subsection A, provided, however, that no such school board shall utilize a nongovernmental third-party debt collector to collect on such debt.

2020, c. 683.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-79.8. Policies regarding job assistance for certain persons.
The Department of Education and local school boards shall adopt policies to implement the provisions of 20 U.S.C. § 7926 that prohibit any local school board or any individual who is an employee, contractor, or agent of a local school board from assisting an employee, contractor, or agent of such local school board in obtaining a new job if such local school board or individual knows or has probable cause to believe that the employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of law.

2018, cc. 513, 514.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-79.9. Promotion of broadband services for educational purposes.
A. As used in this section:

"Affordability program" means a program or package of broadband services which may include educational programming or access to educational content, offered by a private broadband service provider to school-age children and their families at a lower price, or with specialized services, compared to the broadband services offered by the private broadband service provider to the general public.

"Child nutrition program" means any school meal program funded and regulated by the U.S. Department of Agriculture, including the National School Lunch Program, School Breakfast Program, National School Lunch Program Afterschool Snack Service, Child and Adult Care Food Program, Summer Food Service Program, and Special Milk Program.

"Sponsored program" means a financial program to provide lower-cost or free broadband services, or a specialized offering of broadband services, for educational purposes to the home of a student when the student would qualify for (i) a child nutrition program or (ii) any other program recognized or adopted by the local school board as a measuring standard to identify at-risk students.

B. Any school board may:

1. Promote and publicize the availability of private broadband services for educational purposes to parents and students, including the availability of any affordability programs or sponsored programs;

2. Provide promotional or informational materials for private broadband services to parents, students, and potential sponsors including brochures, flyers, and cable, internet, broadband, or other public service announcements, in any media, regarding locally available private broadband service offerings, including the availability of any affordability programs or sponsored programs, to encourage student use of broadband services for educational purposes;

3. Accept compensation, or in-kind donations of materials and services, from any private broadband service provider to reimburse the school board or other public body for its actual costs incurred in providing the materials described in subdivision 2;

4. Enter into agreements with local businesses, charitable groups, or private broadband service providers to promote sponsored programs to provide reduced cost or free broadband services for educational purposes to households of qualifying students. Under such agreements, the school board may award grants or subsidies to private broadband service providers to reduce or eliminate the cost of sponsored program broadband services provided to qualifying student households; and

5. Utilize any federal, state, or local funds that are not otherwise restricted to pay grants or subsidies to support sponsored programs, including any federal funds that may be available through the Coronavirus Aid, Relief, and Economic Security (CARES) Act, P.L. 116-36, the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, or similar legislation.

2021, Sp. Sess. I, c. 496.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-80. Development of park areas adjacent to public schools.
Whenever an undeveloped or unused public park area owned by the Commonwealth or any of its political subdivisions exists adjacent to any public school, the school board is authorized and encouraged to develop or improve such area in extension of such school's programs or facilities, subject to the approval and cooperation of the Commonwealth or political subdivision, as the case may be. In the case of an undeveloped or unused public park area owned by a park authority created by more than one political subdivision, a school board in any such political subdivision is authorized and encouraged to develop or improve such area in extension of its school program or facilities, subject to approval and cooperation of the park authority.

Code 1950, § 22-72.2; 1966, c. 606; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-81. Annual report.
Unless for good cause shown an extension of time not to exceed fifteen days is granted by the Superintendent of Public Instruction, each school board, with the assistance of the division superintendent, shall make a report covering the work of the schools for the year ending the preceding June 30 to the Board of Education according to a timeline and on forms supplied by the Superintendent of Public Instruction.

Code 1950, § 22-54; 1980, c. 559; 1987, c. 205; 1999, cc. 191, 492; 2022, c. 355.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-82. Employment of counsel to advise or defend school boards and officials; payment of costs, expenses and liabilities; consent of governing bodies required prior to institution of proceedings.
A. Notwithstanding any other provision of law, the attorney for the Commonwealth or other counsel may be employed by a school board to advise it concerning any legal matter or to represent it, any member thereof or any school official in any legal proceeding to which the school board, member or official may be a party, when such proceeding is instituted by or against it or against the member or official by virtue of his actions in connection with his duties as such member or official.

B. All costs and expenses of such advice and all costs, expenses and liabilities of such proceedings shall be paid out of funds appropriated to the school board.

C. A school board shall, prior to instituting any legal action or proceeding against any other governmental agency in Virginia or expending any funds therefor, first secure the authorization of the governing body of the county, city or town constituting the school division or the governing bodies of the counties or cities in the school division if the division is composed of more than one county or city except as to legal actions or proceedings arising between the school board and the governing body or bodies.

Code 1950, §§ 22-56.1, 22-72; 1954, c. 289; 1956, Ex. Sess., cc. 60, 63; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1970, c. 71; 1971, Ex. Sess., c. 161; 1972, c. 511; 1973, cc. 134, 299; 1975, cc. 308, 328; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-83. Payment of employee's legal fees and expenses.
If an employee of a school board is arrested, indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his duties as such employee and such charge is subsequently dismissed or a verdict of not guilty is rendered or if an employee of a school board is made a defendant in any civil action arising out of his actions in connection with his duties as such employee, the school board may pay the legal fees and expenses of such employee.

Code 1950, § 22-56.1:1; 1978, c. 135; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-84. Insurance.
A school board may provide for insurance on school properties against loss by fire and against such other losses as it deems necessary and may provide liability insurance, or may provide self-insurance, for certain or all of its officers and employees and for student teachers and other persons performing functions or services for any school in the school division, even though any such student teacher or other person performs such functions or services without payment therefor, to cover the costs and expenses incident to liability, including those for settlement, suit or satisfaction of judgment, arising from their conduct in discharging their duties or in performing functions or services for a school. The liability insurance coverage shall be placed with insurance companies authorized to do business in this Commonwealth.

Code 1950, §§ 22-56.2, 22-72; 1954, c. 289; 1956, Ex. Sess., c. 60; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1970, c. 71; 1971, Ex. Sess., c. 161; 1972, c. 511; 1975, cc. 308, 328; 1976, c. 407; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-85. Fund for payment of hospital, medical, etc., services provided officers, employees and dependents.
Any school board may establish a fund for the payment of hospital, medical, surgical and related services provided any of its officers, employees and their dependents out of funds appropriated to the school board or by payroll deductions or other mode consistent with state and federal income tax law and regulations. In addition, any school board may establish a fund for the payment of expenses incurred by its officers and employees for dependent care assistance through payroll deductions or other mode consistent with state and federal income tax law and regulations.

Code 1950, § 22-56.3; 1979, c. 624; 1980, c. 559; 1993, c. 287.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-86. Meetings of people of school division; local committees.
It shall be the duty of each school board to call meetings of the people of the school division for consultation in regard to the school interests thereof when deemed necessary by the school board. The chairman, if present, or, if not, some other member of the school board shall preside at such meetings.

Each school board is authorized to appoint a committee of not less than three nor more than seven members for each public school in the school division. The committee's duty shall be to advise the members of the school board with reference to matters pertaining to the school and to cooperate with the school board in the care of the school property and in the successful operation of the school. Such committee shall serve without compensation.

Code 1950, § 22-79; 1952, c. 72; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-86.1. Appointment of student representatives to local school boards.
A. The local school board may adopt procedures for the appointment of student representatives from among the students enrolled in the public schools in the division. The student representative shall serve in a nonvoting, advisory capacity and shall be appointed under such circumstances and serve for such terms as the board prescribes.

B. Nothing in this section shall prohibit any school board from excluding the nonvoting student representative from executive sessions or closed meetings pursuant to § 2.2-3711.

C. Student representatives shall not be construed to be members of local school boards for any purpose, including, but not limited to, establishing a quorum or making any official decision.

1999, c. 431.

Code of Virginia — Title 22.1 (Education), Chapter 7 (General Powers and Duties of School Boards)
§ 22.1-87. Judicial review.
Any parent, custodian, or legal guardian of a pupil attending the public schools in a school division who is aggrieved by an action of the school board may, within thirty days after such action, petition the circuit court having jurisdiction in the school division to review the action of the school board. Such review shall proceed upon the petition, the minutes of the meeting at which the school board's action was taken, the orders, if any, of the school board, an attested copy of the transcript, if any, of any hearing before the school board, and any other evidence found relevant to the issues on appeal by the court. The action of the school board shall be sustained unless the school board exceeded its authority, acted arbitrarily or capriciously, or abused its discretion.

Code 1950, § 22-57; 1968, c. 139; 1980, c. 559; 1981, c. 229.
Code of Virginia — Title 22.1 (Education), Chapter 8 (Public School Funds)
§ 22.1-100. Unexpended school and educational funds; capital reserve fund permitted.
A. All sums of money derived from the Commonwealth which are unexpended in any year in any school division shall revert to the fund of the Commonwealth from which derived unless the Board of Education directs otherwise. Except as otherwise provided in subsection B, all sums derived from local funds unexpended in any year shall remain a part of the funds of the governing body appropriating the funds for use the next year, but no local funds shall be subject to redivision outside of the locality in which they were raised.

B. Any school board may, with the concurrence of the local governing body, establish a capital reserve fund as a savings account into which it exclusively deposits the unexpended local operating funds described in subsection A for future school division capital expenditures at no additional cost to local taxpayers, subject to the following conditions:

1. Any deposit into such fund shall be designated at the time of deposit for a specific capital project named by the school board;

2. No deposit into such fund shall be withdrawn or used for any purpose other than the capital project designated pursuant to subdivision 1; and

3. The school board may make withdrawals from such fund at any time, and no such withdrawal shall be encumbered by any deadlines or other timelines or time-based restrictions.

Code 1950, § 22-138; 1956, Ex. Sess., c. 67; 1980, c. 559; 2024, c. 294.
Code of Virginia — Title 22.1 (Education), Chapter 8 (Public School Funds)
§ 22.1-101. Repealed.
Repealed by Acts 1988, c. 101.