reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 22.1 - Education › Chapter 2 - Board of Education › § 22.1-19.1. Action for violations related to secure mandatory tests

A. The Office of the Attorney General, on behalf of the Board of Education, may bring a cause of action in the circuit court having jurisdiction where the person resides or where the act occurred for injunctive relief, civil penalty, or both, against any person who knowingly and willfully commits any of the following acts related to secure mandatory tests required by the Board to be administered to students:
1. Permitting unauthorized access to secure test questions prior to testing;
2. Copying or reproducing all or any portion of any secure test booklet;
3. Divulging the contents of any portion of a secure test;
4. Altering test materials or examinees' responses in any way;
5. Creating or making available answer keys to secure tests;
6. Making a false certification on the test security form established by the Department of Education;
7. Excluding students from testing who are required to be assessed; or
8. Participating in, directing, aiding or abetting, or assisting in any of the acts prohibited in this section.
For the purpose of this subsection, "secure" means an item, question, or test that has not been made publicly available by the Department of Education.
B. Nothing in this section may be construed to prohibit or restrict the reasonable and necessary actions of the Board of Education, Superintendent of Public Instruction or the Department of Education or their agents or employees engaged in test development or selection, test form construction, standard setting, test scoring, reporting test scores, or any other related activities which, in the judgment of the Superintendent of Public Instruction or Board of Education, are necessary and appropriate.
C. Any person who violates any provisions of this section may be assessed a civil penalty not to exceed $1,000 for each violation. Furthermore, any person whose administrative or teaching license has been suspended or revoked pursuant to § 22.1-292.1 may be assessed a civil penalty for the same violation under this section and the reasonable costs of any review or investigation of a violation of test security.
All civil penalties paid to the Commonwealth pursuant to this section shall be deposited into the Literary Fund.
D. For the purpose of this section, "person" shall not mean a student enrolled in a public school.
2000, cc. 634, 659; 2004, cc. 939, 955; 2006, cc. 25, 95; 2011, c. 248.
2023 Code of Virginia › Title 22.1 - Education › Chapter 2 - Board of Education › § 22.1-20. Retention of pupil personnel records

The Board of Education is authorized to promulgate regulations governing the retention of pupil personnel records in public schools.
Code 1950, § 22-53.1; 1968, c. 351; 1970, c. 154; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 2 - Board of Education › § 22.1-20.2. Student data security

A. The Department of Education shall develop, in collaboration with the Virginia Information Technologies Agency, and update regularly but in no case less than annually, a model data security plan for the protection of student data held by school divisions. Such model plan shall include (i) guidelines for access to student data and student data systems, including guidelines for authentication of authorized access; (ii) privacy compliance standards; (iii) privacy and security audits; (iv) procedures to follow in the event of a breach of student data; and (v) data retention and disposition policies. The model plan and any updates shall be made available to every school division.
B. The Department of Education shall designate a chief data security officer, with such state funds as made available, to assist school divisions, upon request, with the development and implementation of their own data security plans and to develop best practice recommendations regarding the use, retention, and protection of student data.
2015, c. 561.
2023 Code of Virginia › Title 22.1 - Education › Chapter 2 - Board of Education › § 22.1-20.3. Granting easements across lands of certain schools and institutions

The Board may, subject to the prior written approval of the Governor, convey upon such terms and conditions and for such consideration as it deems proper easements upon, over, across, or under the property of any school or educational institution for which it serves as the governing board, to any political subdivision of the Commonwealth, public utility, public service company, or cable television company for the purpose of erecting or maintaining power, telephone, cable television, water, sewer, or gas lines and mains, provided that any such deed or other conveyance shall be in a form approved by the Attorney General and that any funds received by the Board in consideration for granting any such easement shall be paid into the general fund of the state treasury.
1952, c. 74, § 23-9.1; 1958, c. 47; 1986, c. 536; 2016, c. 588.
2023 Code of Virginia › Title 22.1 - Education › Chapter 2 - Board of Education › § 22.1-20.4. Alternative assessments for students who are English language learners

The Board of Education shall consider assessments aligned to the Standards of Learning that are structured and formatted in a way that measures the content knowledge of students who are English language learners and that may be administered to such students as Board of Education-approved alternatives to Standards of Learning end-of-course English reading assessments.
2016, cc. 58, 516.
2023 Code of Virginia › Title 22.1 - Education › Chapter 3 - Superintendent of Public Instruction › § 22.1-21. Appointment and qualification

The Superintendent of Public Instruction shall be appointed by the Governor, after consultation with the Board of Education among others, subject to confirmation by the General Assembly, for a term coincident with that of the Governor making the appointment. Any vacancy shall be filled in the same manner. The Superintendent of Public Instruction shall be an experienced educator.
Code 1950, § 22-22; 1977, c. 542; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 3 - Superintendent of Public Instruction › § 22.1-22. Oath of office

Before entering upon the duties of his office, the Superintendent of Public Instruction shall take and subscribe the oath prescribed for an officer of this Commonwealth as provided in Chapter 1 (§ 49-1 et seq.) of Title 49.
Code 1950, § 22-24; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 3 - Superintendent of Public Instruction › § 22.1-23. Duties in general

The Superintendent of Public Instruction shall:
1. Serve as secretary of the Board of Education;
2. Provide such assistance in his office as shall be necessary for the proper and uniform enforcement of the provisions of the school laws in cooperation with the local school authorities;
3. Prepare and furnish such forms for attendance officers, teachers and other school officials as are required by law;
4. (Expires July 1, 2028) At least annually, survey all local school divisions to identify critical shortages of (i) teachers and administrative personnel by geographic area, by school division, or by subject matter; (ii) specialized student support positions as that term is described in subsection O of § 22.1-253.13:2; and (iii) school bus drivers by geographic area and local school division and report such critical shortages to each local school division and to the Virginia Retirement System;
5. Develop and provide to local school divisions a model exit questionnaire for teachers;
6. Along with the State Health Commissioner, work to combat childhood obesity and other chronic health conditions that affect school-age children;
7. Designate an employee of the Department of Education to serve as its liaison to the State Council of Higher Education for Virginia and the State Board for Community Colleges; and
8. Perform such other duties as the Board of Education may prescribe.
Code 1950, §§ 22-25, 22-26, 22-28; 1980, c. 559; 2001, cc. 689, 700; 2007, cc. 43, 55; 2015, c. 140; 2016, c. 594; 2020, cc. 379, 437; 2023, cc. 690, 707, 708.
2023 Code of Virginia › Title 22.1 - Education › Chapter 3 - Superintendent of Public Instruction › § 22.1-23.1. Model exit questionnaire for teachers

The Department shall develop and oversee a pilot program to administer across five geographically and demographically diverse school divisions the model exit questionnaire for teachers developed by the Superintendent pursuant to § 22.1-23, analyze the results of each such questionnaire, and include such results and analysis in the Superintendent's annual report. The Department shall (i) administer such questionnaire to each teacher who ceases to be employed by the relevant school board for any reason and (ii) collect, maintain, and report on the results of each such questionnaire in a manner that ensures the confidentiality of each teacher's name and other personally identifying information.
2017, cc. 234, 308; 2022, c. 355.
2023 Code of Virginia › Title 22.1 - Education › Chapter 3 - Superintendent of Public Instruction › § 22.1-23.2. Consolidation of surveys, etc.

The Superintendent of Public Instruction shall identify any survey, questionnaire, inquiry, or other communication that requires a response from a school board or division superintendent as required by this title, Board regulations, the Superintendent, the Department, or other state agencies and shall, in collaboration with any identified requesting entity, work to consolidate, as much as practicable, all such surveys, questionnaires, inquiries, and other communications in order to reduce the administrative burden of such response.
2019, c. 768.
2023 Code of Virginia › Title 22.1 - Education › Chapter 3 - Superintendent of Public Instruction › § 22.1-23.3. Treatment of transgender students; policies

A. The Department of Education shall develop and make available to each school board model policies concerning the treatment of transgender students in public elementary and secondary schools that address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to:
1. Compliance with applicable nondiscrimination laws;
2. Maintenance of a safe and supportive learning environment free from discrimination and harassment for all students;
3. Prevention of and response to bullying and harassment;
4. Maintenance of student records;
5. Identification of students;
6. Protection of student privacy and the confidentiality of sensitive information;
7. Enforcement of sex-based dress codes; and
8. Student participation in sex-specific school activities and events and use of school facilities. Activities and events do not include athletics.
B. Each school board shall adopt policies that are consistent with but may be more comprehensive than the model policies developed by the Department of Education pursuant to subsection A.
2020, cc. 153, 154.
2023 Code of Virginia › Title 22.1 - Education › Chapter 3 - Superintendent of Public Instruction › § 22.1-24. Administration of "National School Lunch Act."

The Superintendent of Public Instruction is hereby designated as the "State Educational Agency" for the disbursement of funds received by the Commonwealth of Virginia under the provisions of Public Law 396, 79th Congress, known as the "National School Lunch Act" and any successor act or amendment thereto; and as such is authorized, empowered and directed to exercise the powers and perform the duties conferred and imposed by such act of Congress.
Code 1950, § 22-27; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 3 - Superintendent of Public Instruction › § 22.1-24.1. (Effective until July 1, 2024) Internet Safety Advisory Council

A. The Superintendent shall establish and appoint members to the Internet Safety Advisory Council (the Council) for the purpose of advancing the goal of safe use of media and technology by students and teachers in public elementary and secondary schools in the Commonwealth.
B. The membership of the Council shall include at least one (i) teacher; (ii) librarian; (iii) representative of a parent-teacher organization who is a parent of a school-age child; (iv) school administrator; (v) student; and (vi) individual with expertise in Internet safety and such other individuals as the Superintendent deems appropriate, provided that the membership of the Council shall not exceed 12. The Council may collaborate with law-enforcement agencies, criminal justice agencies, and other nongovernmental organizations with expertise in child online safety issues and human trafficking prevention.
C. The Council shall:
1. Develop and recommend to the Board for adoption, after study and consideration of a variety of sources and perspectives, a model policy for local school boards in the Commonwealth that would enable such school boards to better support the Internet safety of all students and teachers in the local school division;
2. Develop and recommend to the Board for adoption model instructional practices for and instructional content on the safe use of media and technology by students and teachers in public elementary and secondary schools in the Commonwealth, including instruction on (i) safe and responsible use of social networking websites, including Internet chat rooms, email, instant messaging, and other modes of electronic communication; (ii) the risks of transmitting personal information on the Internet and the importance of privacy protection; (iii) copyright laws on written materials, photographs, music, and videos posted or shared online; (iv) the importance of establishing open communication with responsible adults about any online communications or activities; and (v) how to recognize, avoid, and report suspicious, potentially dangerous, or illegal online communications or activities, including (a) potential solicitation by sexual predators, (b) unsolicited or deceptive communications, and (c) harassment and cyberbullying; and
3. Design and post on the Department's website a page with links to successful instructional practices, curricula, and other teacher resources used in school divisions within and outside of the Commonwealth for the safe use of media and technology by students and teachers, including resources and assistance programs available for any child or parent who may have encountered online solicitation by sexual predators or other illegal online communications or activities, including the National Center for Missing and Exploited Children's CyberTipline.
2022, c. 776; 2023, c. 111.
2023 Code of Virginia › Title 22.1 - Education › Chapter 4 - School Divisions, Joint Schools and Contracts Between School Divisions › § 22.1-26.1. Agreements for satellite classrooms

A. School boards may enter into agreements with private business and industry for the establishment, installation, renovation, remodeling, or construction of satellite classrooms for grades kindergarten through three on a site owned by the business or industry and leased to the school board at no cost.
The local school board may adopt procedures for the enrollment of children of employees of the private industry who reside outside the attendance zone for such classrooms. Such procedures shall be designed to ensure compliance with all federal and state laws and regulations and constitutional provisions prohibiting discrimination that are applicable to public schools and with any court-ordered desegregation plan in effect for the school division.
Agreements for such satellite classrooms shall include, among other things:
1. A detailed description of the satellite site, the site development necessary for new construction, remodeling, or renovation for the accomplishment of the project, and any facility to be constructed.
2. A plan for the reimbursement of the school division by the private industry or business upon premature termination of any such lease agreement.
3. An enrollment plan, including grade levels to be served.
4. A description of any waivers to be requested from the Board of Education for the operation of such satellite classrooms.
B. The relevant governing body may, by ordinance duly adopted, exempt in whole or in part from any and all taxes authorized pursuant to Chapter 37 (§ 58.1-3700 et seq.) of Title 58.1, private businesses and industries entering into agreements pursuant to this section.
2002, c. 717.
2023 Code of Virginia › Title 22.1 - Education › Chapter 4 - School Divisions, Joint Schools and Contracts Between School Divisions › § 22.1-26.2. Academic year Governor's Schools; certain practices prohibited and required

A. No academic year Governor's School or governing board member, director, administrator, or employee thereof shall discriminate against any individual or group on the basis of race, sex, color, ethnicity, or national origin in the process of admitting students to such school.
B. Each local school board that jointly manages and controls a regional academic year Governor's school pursuant to § 22.1-26 shall collaborate to ensure that each public middle school that is eligible to send students to attend such Governor's school offers coursework, curriculum, and instruction that is comparable in content and in rigor in order to provide each student in each such middle school with the opportunity to gain admission to and excel academically at such Governor's school.
2022, c. 485.
2023 Code of Virginia › Title 22.1 - Education › Chapter 4 - School Divisions, Joint Schools and Contracts Between School Divisions › § 22.1-27. Contracts to furnish facilities and services

A. A school board may enter into a contract with the school board of an adjacent school division for furnishing public school facilities and for school services.
B. Any contract for services may stipulate that the school division which is receiving services may have a representative on the school board of the school division which is providing services with the approval of the governing bodies of each political subdivision involved. For the term of the contract, any such representative shall have all the rights, duties and responsibilities of the members of the school board of the division providing services, including compensation as set forth by law, but he shall not participate in or vote on any matter involving the continuation of such school services or the interpretation or construction of the provisions of or amendment to or continuation of the contract.
C. Any such representative shall be appointed in the same manner as the members of the school board of the school division which is receiving services and may be a member of such school board. The representative shall serve a term of four years beginning the first day of July following his appointment. However, if the contract goes into effect on a date other than July 1, the term of the initial representative shall commence on the effective date of the contract and shall expire on the fourth June 30 following his appointment.
1980, c. 559; 1989, c. 197.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-29. Qualifications of members

Each person appointed or elected to a school board shall, at the time of his appointment or election, be a qualified voter and a bona fide resident of the district from which he is selected if appointment or election is by district or of the school division if appointment or election is at large; and if he shall cease to be a resident of such district or school division, his position on the school board shall be deemed vacant. Notwithstanding any other provision of law, general or special, in a locality that imposes district-based or ward-based residency requirements for members of the school board, the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the locality at large.
Code 1950, §§ 22-68, 22-90; 1959, Ex. Sess., c. 78; 1969, Ex. Sess., c. 25; 1980, c. 559; 1997, c. 727; 2021, Sp. Sess. I, c. 225.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-29.1. Public hearing before appointment of school board members

At least seven days prior to the appointment of any school board member pursuant to the provisions of this chapter, of §§ 15.2-410, 15.2-531, 15.2-627 or § 15.2-837, or of any municipal charter, the appointing authority shall hold one or more public hearings to receive the views of citizens within the school division. The appointing authority shall cause public notice to be given at least seven days prior to any hearing by publication in a newspaper having a general circulation within the school division. No nominee or applicant whose name has not been considered at a public hearing shall be appointed as a school board member.
1985, c. 423; 1987, c. 430; 2023, cc. 506, 507.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-30. Certain officers may not act on school board or serve as tie breaker

A. No state, county, city or town officer, no deputy of any such officer, no member of the governing body of a county, city or town, no employee of a school board, and no father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, sister-in-law or brother-in-law of a member of the county governing body may, during his term of office, be appointed as a member of the school board for such county, city or town or as tie breaker for such school board except:
1. Local directors of social services;
2. Commissioners in chancery;
3. Commissioners of accounts;
4. Registrars of vital records and health statistics;
5. Notaries public;
6. Clerks and employees of the federal government in the District of Columbia;
7. Medical examiners;
8. Officers and employees of the District of Columbia;
9. In Northumberland County, oyster inspectors;
10. In Lunenburg County, members of the county library board and members of the local board of social services;
11. Auxiliary deputy sheriffs and auxiliary police officers receiving less than five dollars in annual compensation;
12. Members of the town councils serving towns within Craig, Giles and Wise Counties; and
13. Public defenders.
B. Nothing in this section shall be construed to prohibit the election of deputies of constitutional officers to school board membership, consistent with federal law and regulation.
Code 1950, §§ 22-69, 22-92; 1973, c. 63; 1980, c. 559; 1986, c. 260; 1990, c. 111; 1991, cc. 140, 163; 1993, c. 352; 1994, c. 723; 1995, c. 290; 2002, c. 747.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-31. Oath

Before entering upon the duties of office, each person appointed to a school board shall take and subscribe the oath prescribed for an officer of this Commonwealth as provided in Chapter 1 (§ 49-1 et seq.) of Title 49.
Code 1950, §§ 22-66, 22-91; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-33. Special districts continued

Special town school districts which now exist for the purposes of representation on division school boards shall continue.
Code 1950, § 22-43; 1954, c. 638; 1964, c. 490; 1971, Ex. Sess., c. 225; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-34. Application of article

The school board in each county constituting a school division, except a county to which the provisions of §§ 15.2-410, 15.2-531, 15.2-627, 15.2-837 or § 22.1-44 are applicable, shall be selected as provided in this article.
1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-35. School board selection commission

In each county to which the provisions of this article are applicable there shall be a school board selection commission composed of three members appointed from the county at large or, upon the request of the county governing body, one member appointed from each election district of such county. Members shall be qualified voters, shall reside in the county and shall not be county or state officers. Members shall be appointed by the circuit court of the county within thirty days after the first day of July, 1950, and every four years thereafter. Any vacancy occurring other than by expiration of term shall be filled by the circuit court within thirty days after the vacancy occurs. Each member shall receive twenty-five dollars for each day actually engaged in the performance of duties as such member, to be paid out of the funds of the school board. No person regularly employed by the school board of the division shall be eligible to serve on or as clerk of such school board selection commission.
Code 1950, § 22-60; 1956, c. 365; 1959, Ex. Sess., c. 79, § 1; 1972, cc. 224, 665; 1973, c. 275; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-36. Composition of school board; to be appointed by commission

The county school board shall consist of the same number of members from each magisterial district or, if the provisions of subsection C of § 15.2-1211 are applicable, election district in the county as there are members of the board of supervisors from each such district in the county. Each school board member shall be appointed by the school board selection commission. In addition to the members selected by districts, the governing body may authorize the school board selection commission to appoint no more than two members from the county at large.
Code 1950, § 22-61; 1969, Ex. Sess., c. 25; 1970, c. 88; 1971, Ex. Sess., c. 225; 1972, c. 137; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-36.1. Composition of school board in certain cases

Notwithstanding any other provision of law, when a county contains a town that is a separate school division, the school board for such county, regardless of whether it is elected or appointed, shall have no member representing such town. Instead, the county school board shall be comprised of one member elected or appointed from all of the election districts other than districts which have more than five percent of town residents, and an additional member elected or appointed at large from the entire county, excluding the town.
1993, c. 220; 1995, c. 316; 2002, cc. 146, 269.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-37. Notice by commission of meeting for appointment

Before any appointment is made by the school board selection commission, it shall give notice, by publication once a week for three successive weeks in a newspaper having general circulation in such county, with the first publication appearing no more than 21 days before the hearing, of the time and place of any meeting for the purpose of appointing the members of the county school board. Such notice shall be given whether the appointment is of a member or members of the county school board for the full term of office as provided by law or of a member to fill a vacancy occurring in the membership of the county school board or of a member from a new school district.
Code 1950, § 22-62; 1954, c. 638; 1980, c. 559; 1984, c. 131; 2023, cc. 506, 507.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-38. Terms of members of school board

Within sixty days prior to July 1 in each and every year, the school board selection commission shall appoint, for terms of four years beginning July 1 next following their appointment, successors to the members of the county school board whose terms of office expire on June 30 of such year.
In any county having five or more districts in which it is found by the school board selection commission that it is not in the best interest of the schools for the terms of the school board members from two certain districts to expire simultaneously and such terms have been so expiring, the commission may, on the next occasion thereafter for appointing successors to the school board members from such two districts, appoint the member from one of such districts for a term of one year with appointments thereafter to be made for terms of four years.
Code 1950, § 22-64; 1958, c. 515; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-38.1. Provisions for school board where division consolidated as result of certain governmental consolidations

A. Notwithstanding the provisions of §§ 22.1-38 and 22.1-57 or any other statutory provision, in any consolidation of school divisions comprised of single cities and single counties, which consolidation constitutes a part of a governmental consolidation resulting in the formation of a consolidated county and a tier-city, the consolidation agreement may provide as follows:
1. The effective date for consolidation of school divisions may be prior or subsequent to the effective date for general governmental consolidation.
2. Initial members of the consolidated school board selection committee may be selected as provided in § 22.1-35 from the consolidating divisions at any time after certification by the appropriate electoral boards of approval by referendum of the consolidation plan.
3. Initial members of the consolidated school board may be selected to assume office at any agreed time prior to the effective date for consolidation of school divisions, only for such of the following limited purposes as may be provided by the consolidation agreement or plan:
a. Organization of itself and election of one of its members as chairman.
b. Preparation and approval of an initial budget applicable to the newly consolidated school divisions.
c. Preparation of job descriptions, pay ranges and qualifications for each position in the consolidated school division.
d. Hiring of individuals to hold each position in the consolidated school division.
e. Designation of school attendance zones.
f. Allocation of office space and furniture to accommodate the administrative staff of the consolidated school division.
g. Preparation of seniority lists and reductions in force policy.
h. Approval of initial curriculum, grading systems, and all such forms of records as may be required.
i. Adoption of a transportation plan for the consolidated school division.
B. Any member of a school board of a consolidating school division may be appointed to the consolidated school board, and for the limited time period as provided in the consolidation agreement may hold both offices.
C. Upon the effective date of consolidation of school divisions, all school board members shall assume full powers, duties, rights and responsibilities of their offices.
1984, c. 695.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-40. Appointment of tie breaker

The school board selection commission may, at the option of the governing body of the county, appoint a qualified voter who is a resident of the county to cast the deciding vote in case of a tie vote of the school board as provided in § 22.1-75. The term of office of each tie breaker so appointed shall be four years whether the appointment is to fill a vacancy caused by expiration of term or otherwise. The commission shall give the notice required by § 22.1-37 before appointing any tie breaker.
1980, c. 559; 1981, c. 246.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-41. Application of article

The provisions of this article shall be applicable in any county constituting a school division except a county to which the provisions of §§ 15.2-410, 15.2-531, 15.2-627 or § 15.2-837 are applicable.
1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-42. Referendum on changing method of selection of members of school board

Upon a petition filed with the circuit court of any county to which the provisions of this article are applicable signed by a number of registered voters of the county equal to fifteen per centum of the number of votes cast in the county in the preceding presidential election asking that a referendum be held on the question of changing the method of selection of members of the county school board, the court shall, by order entered of record, require the regular election officials on the day fixed in such order to open the polls and take the sense of the qualified voters of the county on the question printed on the ballot as herein provided. The clerk of the county shall cause a notice of such referendum to be published in some newspaper published or having a general circulation in the county once a week for three successive weeks prior to such referendum and shall post a copy of such notice during the same time at the front door of the courthouse of the county.
In lieu of such petition, the Board of Supervisors of Isle of Wight County or Roanoke County may cause to be passed a resolution requesting that such referendum be held; provided that prior to the passage of such resolution the Board of Supervisors shall hold a public hearing on the question of such referendum. The resolution shall be filed with the circuit court and upon receipt thereof, the court shall proceed as in the case of a petition.
The ballots used in the referendum shall be printed as follows:
"Shall the present method of selecting the members of the county school board be changed from appointment by the School Board Selection Commission to appointment by the governing body of the county?
Yes [ ]
No [ ]"
The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the State Board of Elections, the clerk of the county and the circuit court; and the court shall enter of record the results of such referendum.
Code 1950, § 22-79.4; 1970, c. 126; 1975, cc. 517, 567; 1979, c. 10; 1980, c. 559; 1992, c. 354.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-43. Abolition of school board selection commission

If the majority of votes cast in the referendum held as provided in § 22.1-42 shall be for the proposition, the school board selection commission of the county shall be abolished. If the majority of the votes cast shall be against the proposition, the school board selection commission shall be retained.
Code 1950, § 22-79.5; 1970, c. 126; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-44. Appointment of school board members and tie breaker by county governing body; terms; vacancies

If, in a referendum held as provided in § 22.1-42, it shall be determined that the members of the county school board shall be appointed by the governing body of the county, such governing body shall, by majority vote, thereafter appoint all members of the school board and the tie breaker, if any. Members of the school board and the tie breaker in office at the time of the referendum shall complete their terms and their successors shall be appointed by the governing body. The governing body shall determine whether the office of the tie breaker shall continue after the expiration of the term of the incumbent. Appointments of school board members and tie breakers, if any, shall be made at public meetings. The terms of office of the members of the county school board shall continue to be four years. Vacancies in the office of members of the county school board occurring other than by expiration of term shall be filled by appointment by the governing body for the unexpired terms. The term of office of the tie breaker, if any, shall continue to be four years. Any appointment to fill a vacancy in the office of tie breaker, if any, whether or not by expiration of term, shall be for a four-year term.
The school board shall consist of the same number of members from each magisterial or election district as is provided in § 22.1-36. The governing body of the county may appoint no more than two additional members from the county at large.
Code 1950, §§ 22-61, 22-79.1, 22-79.3; 1969, Ex. Sess., c. 25; 1970, cc. 88, 126; 1971, Ex. Sess., c. 225; 1972, c. 137; 1980, c. 559; 1981, c. 246.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-45. Referendum to revert to appointment by school board selection commission

A. Upon a petition (i) filed with the circuit court of any county which has changed the method of appointment of the members of the school board to appointment by the governing body as a result of a referendum as provided in this article or former §§ 22-79.1 through 22-79.6, (ii) signed by a number of registered voters of the county equal to fifteen per centum of the number of votes cast in the county in the preceding presidential election, and (iii) asking that a referendum be held on the question of changing the method of selection of members of the county school board, the court shall, by order entered of record, require the regular election officials on the day fixed in such order to open the polls and take the sense of the qualified voters of the county on the question printed on the ballot as herein provided. The clerk of the county shall cause a notice of such referendum to be published in some newspaper published or having a general circulation in the county once a week for three successive weeks prior to such referendum and shall post a copy of such notice during the same time at the front door of the courthouse of the county. The ballots used in such referendum shall be printed as follows:
"Shall the present method of selecting the members of the county school board be changed from appointment by the governing body of the county to appointment by a school board selection commission?
Yes [ ]
No [ ]"
The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the State Board of Elections, the clerk of the county and the circuit court; and the court shall enter of record the results of such referendum.
B. If the majority of the votes cast in such referendum shall be for the proposition, a school board selection commission shall be appointed as provided in § 22.1-35 and the commission shall appoint the members of the county school board and the tie breaker as provided in Article 2 (§ 22.1-34 et seq.) of this chapter as the terms of the incumbents expire or as vacancies otherwise occur.
If a majority of the votes cast in such referendum are against the proposition, the members of the school board and the tie breaker shall continue to be appointed by the governing body as provided in this article.
1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-46. Limitation on time of holding subsequent referendum

Regardless of its results, following any referendum provided for in this article, no further such referendum shall be held within four years thereafter.
Code 1950, § 22-79.6; 1970, c. 126; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-47. Composition of boards; appointment and terms; tie breakers

A. The school board of a school division composed of a county having a county manager plan form of government provided for in Article 2 (§ 15.2-702 et seq.) of Chapter 7 of Title 15.2 shall be composed of not less than three nor more than seven members who shall be chosen by the board of county supervisors. The exact number of members shall be determined by the board of county supervisors. Each member shall be appointed for a term of four years, provided that initial appointments may be for such terms as will stagger the expiration of terms and that appointments to fill vacancies other than by expiration of term shall be for the unexpired term. The governing body of the county may also appoint a resident of the county to cast the deciding vote in case of a tie vote of the school board as provided in § 22.1-75. Each tie breaker, if any, shall be appointed for a four-year term whether the appointment is to fill a vacancy caused by expiration of term or otherwise. Notwithstanding any contrary provisions of this section, any such county may have an elected school board pursuant to Article 4.1 (§ 22.1-47.1 et seq.).
B. It is further provided that those counties having a county board form of government as contained in Chapter 4 (§ 15.2-400 et seq.) of Title 15.2 shall select their school board as provided in § 15.2-410, as amended.
Code 1950, §§ 22-80, 22-83.1; 1956, c. 591; 1964, c. 100; 1980, c. 559; 1981, c. 246; 2018, c. 385.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-47.1. Applicability

The provisions of Article 7 (§ 22.1-57.1 et seq.) of this chapter shall be applicable, except as otherwise specifically provided in this article, to any school division comprised of a county having the county manager plan of government.
1993, c. 88.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-47.2. Petitions for a referendum on direct election of school board members

Petitions circulated pursuant to § 22.1-57.2 or 22.1-57.4 may be circulated for a period not to exceed one calendar year. If the period from the date of the earliest signature to the latest signature exceeds one calendar year, all signatures shall be invalid.
At the time the petitions are filed, the petitions shall contain the required number of signatures of voters who are currently registered to vote in the county.
Persons signing petitions for a referendum to be held at the November general election shall date their signatures on the petitions.
1993, c. 88; 2022, c. 355.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-47.3. Transition from appointed to elected school board

If the change to an elected school board is approved by the voters, the appointed members of the school board in office at the time of the referendum approving the change shall continue in office for the balance of their appointed terms except that each term shall expire on the December 31 immediately succeeding the June 30 expiration date for the appointed term. In the event of a vacancy in an unexpired term of any appointed school board member, a replacement shall be elected at the next regularly scheduled general election to fill the remainder of the term. No special election shall be held, however, if the general election at which it is to be held is scheduled in the year in which the term expires.
At the first and each succeeding November election, one school board member shall be elected for each position on the school board occupied by an appointed member whose term expires the following December 31 until the school board is composed entirely of elected members. Successor school board members shall be elected each November for four-year terms commencing on January 1 of the year following the election. The requirement of subsection B of § 22.1-57.3 that the same number of members of the governing body and school board be elected at each November election shall not be applicable.
1993, c. 88; 1996, c. 185.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-47.4. Benefits, expenses, and reimbursements for the school board members of certain county

An elected school board of a school division comprised of a county having the county manager plan of government may, in accordance with the procedures applicable to the setting of its salary, grant itself fringe benefits, expenses, and reimbursements, or any of them, as it deems appropriate, and in the manner and form as such fringe benefits, expenses, and reimbursements are provided for school board employees. Such school board serving a county having the county manager plan of government whose membership totals five may establish such fringe benefits, expenses, and reimbursements by July 1 in any year in which two of the five members are to be elected. Any such fringe benefits, expenses, and reimbursements shall become effective on January 1 of the following year.
2004, c. 532; 2006, c. 126.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-49. City school districts

As used in this article, "district" shall mean a school district. The school board of a city to which the provisions of this article are applicable shall have power, subject to the approval of the governing body of the city, to prescribe the number and boundaries of the school districts; but until such provision is made every such city which is not divided into wards shall constitute a single school district, and in every city which is divided into wards, each ward shall be a school district. The number and boundaries of districts shall be duly reported to the Superintendent of Public Instruction and recorded in his office and also in that of the clerk of the circuit court of the city.
Code 1950, § 22-44; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-50. Appointment and term generally; vacancies

The school board of a school division composed of the city or town to which the provisions of this article are applicable shall be appointed by the governing body of such city or town and shall consist of three members for each district in such city or town. However, the school board of a school division composed of any city or town having only one district shall consist of five members. Members shall be appointed for three-year terms except that initial appointments shall be for such terms that the term of one member from each district expires each year. However, the additional two members of the school board of a school division composed of any city or town having only one district shall be appointed for such terms that the terms of one or two members expire each year. The governing body may, by duly adopted ordinance, limit the number of consecutive terms served by school board members. Terms shall commence on July 1. A vacancy occurring on the school board at any time other than by expiration of term shall be filled by the governing body for the unexpired term. Within 30 days preceding July 1 of each year, the governing body shall appoint a successor to each member whose term expires on June 30 of that year, provided the office of that member has not been abolished in redistricting the city or town.
Code 1950, § 22-89; 1959, Ex. Sess., c. 78; 1972, c. 662; 1980, c. 559; 1991, c. 182; 1992, c. 182; 2022, c. 355.
2023 Code of Virginia › Title 22.1 - Education › Chapter 5 - School Boards; Selection, Qualification and Salaries of Members › § 22.1-52. Application of article; single school board required

The provisions of this article shall be applicable to each school division which is composed of less than one county or city or part or all of more than one county or city. The supervision of schools in each such school division shall be vested in a single school board.
Code 1950, § 22-100.1; 1954, c. 391; 1971, Ex. Sess., c. 161; 1980, c. 559.