reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-127. Condemnation of land for school purposes; right of entry; location of school outside boundaries of school division

A school board shall have the power to exercise the right of eminent domain and may condemn land or other property or any interest or estate therein, including dwellings, yards, gardens or orchards, necessary for public school purposes pursuant to the provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and in the manner provided by Chapter 3 (§ 25.1-300 et seq.) of Title 25.1. To determine the suitability of the land for school purposes, a school board shall have the same right of entry under the same conditions as a county, city, or town pursuant to § 25.1-203. A school board shall have no authority to locate any school which was not begun prior to January 1, 1978, on property outside the boundaries of the school division unless the school board first obtains the approval of the governing body of the county, city or town in which a proposed school will be located.
Code 1950, §§ 22-97, 22-149; 1952, c. 87; 1954, c. 291; 1959, Ex. Sess., c. 79, § 1; 1966, c. 273; 1968, c. 501; 1971, Ex. Sess., c. 161; 1972, c. 549; 1973, c. 186; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559; 1994, c. 786; 2003, c. 940.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-128. Title to school board real estate

Whenever any school board purchases real estate or acquires title thereto, the title to such real estate shall be certified in writing by a competent and discreet attorney-at-law selected by the school board, or title insurance, approved by a competent and discreet attorney-at-law selected by the school board, shall be purchased for such real estate. Such certification or policy of insurance shall be filed with the clerk of the school board along with the recorded deed or other papers by which the title is conveyed. No contract for any such purchase shall bind the school board until the title to such real estate is thus certified or insured.
The school board shall pay to the attorney reasonable compensation for these services.
Code 1950, § 22-150; 1978, c. 26; 1980, c. 559; 1983, c. 32; 1987, c. 188.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-129.1. Transfer of assistive technology devices

A. For the purposes of this section:
"Assistive technology device" means any device, including equipment or a product system, which is used to increase, maintain, or improve functional capabilities of a child with a disability. Assistive technology device shall not include surgically implanted medical devices, such as cochlear implants.
"Child with a disability" means the same as that term is defined in § 22.1-213.
"Transfer" means the process by which a school division that has purchased an assistive technology device may sell, lease, donate, or loan the device pursuant to subsection B.
B. An assistive technology device may be transferred to (i) the school division to which a child with a disability transfers from the school division that purchased the device; (ii) a state agency, including the Department for Aging and Rehabilitative Services, that provides services to a child with a disability following the child's graduation or when a school division ceases to provide special education services for the student; or (iii) the parents of a child with a disability, or the child with a disability if the child with a disability is age 18 or older and has capacity to enter into a contract.
2012, c. 214; 2016, cc. 720, 750.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-130. Authority to acquire property from United States or any agency thereof

A. Notwithstanding the provisions of any other law or of any charter or any ordinance, any school board may, by resolution, authorize the acquisition and purchase from the United States or any agency thereof of any equipment, supplies, materials, or other property, real or personal, in such manner as such school board may determine.
B. It is the purpose of this section to enable school boards to secure from time to time promptly the benefits of acquisitions and purchases as authorized by this section, to aid them in securing advantageous purchases, to prevent unemployment and thereby to assist in promotion of public welfare and to these ends school boards shall have power to do all things necessary or convenient to carry out such purpose, in addition to the expressed power conferred by this section. This section is remedial in nature and the powers hereby granted shall be liberally construed.
Code 1950, § 22-151; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-130.1. Access to high schools and high school students for military recruiters

Pursuant to Standard 1 of the Standards of Quality (Chapter 13.2 (§ 22.1-253.13:1 et seq.) of Title 22.1), all school boards are required to implement career and technical education programs promoting knowledge of careers and various employment opportunities, including, but not limited to, military careers. Therefore, any school board that provides access to one or more of its high schools and contact with such high school's student body or other contact with its high school students during a school or school division-sponsored activity whether conducted on school board property or other property to persons or groups for occupational, professional or educational recruitment shall provide equal access on the same basis to official recruiting representatives of the military forces of the Commonwealth and the United States.
2001, c. 262.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-131. Boards may permit use of various school property; general conditions; electric vehicle charging stations

A. A school board may permit the use, upon such terms and conditions as it deems proper, of such school property as will not impair the efficiency of the schools. The school board may authorize the division superintendent to permit use of the school property, including buildings, grounds, vehicles, and other property, under such conditions as it deems will not impair the efficiency of the schools and are, therefore, proper. The division superintendent shall report to the school board at the end of each month his actions under this section. Permitted uses of buildings may include, but are not limited to, use as voting places in any primary, regular or special election and operation of a local or regional library pursuant to an agreement between the school board and a library board created as provided in § 42.1-35.
B. Any school board may locate and operate retail fee-based electric vehicle charging stations on school property, provided that the use of each such station during the school day is restricted to school board employees, students, and authorized visitors and each such station is accompanied by appropriate signage that provides reasonable notice of such restriction.
Code 1950, §§ 22-164, 22-164.1; 1973, c. 245; 1980, c. 559; 2000, c. 754; 2017, c. 239.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-131.1. Certain school board property; establishment of gun-free zone permitted

Notwithstanding the provisions of § 15.2-915, in addition to ensuring compliance with the federal Gun-Free School Zones Act of 1990, 18 U.S.C. § 922(q), any school board may deem any building or property that it owns or leases where employees of such school board are regularly present for the purpose of performing their official duties, outside of school zones, as that term is defined in 18 U.S.C. § 921, as a gun-free zone and may prohibit any individual from knowingly purchasing, possessing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property. Such prohibition shall not apply to (i) any law-enforcement officer; (ii) any retired law-enforcement officer qualified to carry firearms pursuant to subsection C of § 18.2-308.016; (iii) any individual who possesses an unloaded firearm that is in a closed container in or upon a motor vehicle or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (iv) any individual who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress to or egress from the school board property.
2021, Sp. Sess. I, c. 439.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-132. Boards may impose certain conditions on use of property

Permits for the use of school property may contain, among other matters, (i) provisions limiting the use of the property while classes are in session and (ii) an undertaking by the lessee to return the property so used in as good condition as when leased, normal wear and tear excepted.
Code 1950, § 22-164.2; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-132.01. Youth-oriented, community organizations on school property

Local school boards shall, subject to the provisions of § 22.1-131, provide reasonable and appropriate access to school property to youth-oriented, community organizations such as the Boy Scouts of America and Girl Scouts of the USA, and their volunteers and staff, to distribute and provide instructional materials in order to encourage participation in such organizations and their activities. Any such access provided during the school day shall not conflict with instructional time. Such access may also include after-school sponsored activities such as "Back to School" events, where it can be reasonably accommodated.
2016, c. 647.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-132.1. Daycare programs in certain localities

A. Upon agreement of the relevant governing body, a school board may establish day-care programs outside the regular school hours for students who attend elementary and middle schools. In order to be eligible to attend such programs, a student shall be enrolled in a public or private school or reside in the relevant school division. Such programs may be conducted before or after school hours or both.
B. The school board of the City of Petersburg may establish day-care programs during school hours for children of students who reside in the relevant school division and who are enrolled in a public school in the said city.
C. No state or local funds appropriated for educational purposes shall be used to support any programs established pursuant to subsections A and B of this section.
The school boards shall contract only with those agencies which are licensed or certified by the Commissioner of Social Services.
This provision shall not be construed to apply to programs implemented pursuant to § 22.1-131.
1988, c. 670; 1989, c. 507; 1990, cc. 411, 415, 612, 939; 1991, c. 569; 1992, cc. 204, 336; 1993, cc. 176, 207, 777, 889.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-132.2. Integrated pest management on school property

The Department of Education shall make information available to school boards on integrated pest management programs that appropriately address the application of chemical pesticides and other pest control measures on school property. For purposes of this section, "integrated pest management" shall mean a managed pest control and suppression program that uses various integrated methods to keep pests from causing economic, health-related, or aesthetic injury and minimizes the use of pesticides and the risk to human health and the environment associated with pesticide applications. Methods may include the utilization of site or pest inspections, pest population monitoring, evaluation of control requirements, and the use of one or more pest control methods including sanitation, structural repair, nonchemical methods, and pesticides when nontoxic options produce unsatisfactory results or are impractical. Each local school division shall maintain documentation of any pesticide application that includes the target pest, the formulation applied, and the specific location of the application. The guidelines and programs adopted pursuant to this section shall permit the immediate application of pesticides or other effective control measures to eradicate pest infestations that pose an acute danger to students and staff.
2009, c. 440; 2010, c. 40.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-133. Flags

The flags of the United States of America and of the Commonwealth shall be flown in accordance with protocol and in an appropriate place at every public school. A flag of the Commonwealth shall be furnished by the Commonwealth for each new public school upon request of the school board directed to the Governor.
Code 1950, §§ 7.1-36, 22-133; 1956, Ex. Sess., c. 30; 1959, Ex. Sess., c. 79, § 1; 1960, c. 222; 1966, c. 102; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-134. Maintenance, etc., of school buildings and buses by county department of public works

Insofar as permitted by Article VIII, Section 5 and Article VIII, Section 7 of the Constitution of Virginia, in any county operating under an optional form of organization and government provided for in Chapter 6 (§ 15.2-600 et seq.) of Title 15.2, the board of supervisors of such county, at the request of the county school board, may transfer the maintenance of school buildings and grounds and operation and maintenance of school buses from the department of education to the department of public works; and such board of supervisors, at the request of the county school board, may authorize the construction of new school buildings and additions to existing school buildings under direction of its department of public works.
Code 1950, § 22-151.1; 1971, Ex. Sess., c. 1; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-135. Health and decency

No public school shall be allowed in any building which is not in such condition and provided with such conveniences as are required by a due regard for decency and health.
Code 1950, §§ 22-97, 22-157; 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.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-135.1. Potable water; lead testing

Each local school board shall develop and implement a plan to test and, if necessary, remediate potable water from sources identified by the U.S. Environmental Protection Agency as high priority for testing, including bubbler-style and cooler-style drinking fountains, cafeteria or kitchen taps, classroom combination sinks and drinking fountains, and sinks known to be or visibly used for consumption. Such plan shall be consistent with guidance published by the U.S. Environmental Protection Agency or the Department of Health. The local school board shall give priority in the testing plan to schools whose school building was constructed, in whole or in part, before 1986. Each local school board shall submit such testing plan and report the results of any such test to the Department of Health. Each local school board shall take all steps necessary to notify parents if testing results indicate lead contamination that exceeds 10 parts per billion.
2017, c. 628; 2020, cc. 293, 884.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-136. Duty of division superintendent to close buildings

When a public school building appears to the division superintendent to be unfit for occupancy, it shall be his duty to close the same and immediately to give notice thereof in writing to the members of the school board. No public school shall be held therein nor shall any state or local funds be applied to support any school in such building until the division superintendent shall certify in writing to the school board that he is satisfied with the condition of such building and with the appliances pertaining thereto.
Code 1950, §§ 22-97, 22-158; 1954, c. 291; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-137. Fire drills

In every public school there shall be a fire drill at least twice during the first 20 school days of each school session, in order that pupils may be thoroughly practiced in such drills. Every public school shall hold at least two additional fire drills during the remainder of the school session.
Code 1950, § 22-156; 1971, Ex. Sess., c. 163; 1980, c. 559; 1993, c. 212; 2016, c. 524.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-137.2. Lock-down drills

A. In every public school there shall be a lock-down drill at least once during the first 20 school days of each school session, in order that students and teachers may be thoroughly practiced in such drills. Every public school shall hold at least one additional lock-down drill after the first 60 days of the school session. Every public school shall provide the parents of enrolled students with at least 24 hours' notice before the school conducts any lock-down drill, provided, however, that nothing in this section shall be construed to require such notice to include the exact date and time of the lock-down drill.
B. Pre-kindergarten and kindergarten students shall be exempt from mandatory participation in lock-down drills during the first 60 days of the school session. Local school boards shall develop policies to implement such exemption. Notwithstanding the foregoing provisions of this subsection, each pre-kindergarten and kindergarten student shall participate in each lock-down drill after the first 60 days of each school session.
2013, c. 609; 2016, c. 524; 2020, cc. 378, 1040; 2021, Sp. Sess. I, c. 26.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-137.3. School safety procedures; emergency situations; annual training

In addition to complying with the requirements for drills set forth in §§ 22.1-137, 22.1-137.1, and 22.1-137.2, each school board shall develop training on safety procedures in the event of an emergency situation on school property. Such training shall be delivered to each student and employee in each school at least once each school year.
2019, cc. 61, 140.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-138.3. Department; school division maintenance reserve tool

A. The Department, in consultation with the Department of General Services, shall develop or adopt and maintain a data collection tool to assist each school board to determine the relative age of each public school building in the local school division and the amount of maintenance reserve funds that are necessary to restore each such building.
B. Each school board shall provide to the Department in a timely fashion the local data that is necessary to ensure that the tool maintained pursuant to subsection A remains relevant and useful for the determination of maintenance reserve needs.
2022, c. 650; 2022, Sp. Sess. I, cc. 8, 9.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-140. Plans for buildings to be approved by division superintendent

No public school building or addition or alteration thereto, for either permanent or temporary use, shall be advertised for bid, contracted for, erected, or otherwise acquired until the plans and specifications therefor (i) have been approved in writing by the division superintendent; (ii) are accompanied by a statement by an architect or professional engineer licensed by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects that such plans and specifications are, in his professional opinion and belief, in compliance with the regulations of the Board of Education and the Uniform Statewide Building Code; and (iii) have been reviewed by an individual or entity with professional expertise in building security and crime prevention through building design. The division superintendent's approval, architect's or engineer's statement, all reviewers' comments, and a copy of the final plans and specifications shall be submitted to the Superintendent of Public Instruction.
Code 1950, §§ 22-97, 22-152, 22-153; 1954, cc. 257, 291; 1959, Ex. Sess., c. 79, § 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1975, cc. 308, 328; 1978, c. 430; 1980, c. 559; 1991, c. 550; 1993, c. 227; 1998, c. 27; 2019, c. 226.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-140.1. School Construction Fund and Program

A. There is hereby created in the state treasury a special nonreverting fund to be known as the School Construction Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose, including funds appropriated pursuant to subdivision B 5 of § 58.1-4125, and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of awarding grants pursuant to the School Construction Program established in subsection B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the president of the Board.
B. There is hereby established the School Construction Program (the Program) for the purpose of awarding grants from the Fund to local school boards to fund the construction of new public school buildings or the renovation or expansion of existing public school buildings in the local school division. The Program shall be administered by the Board in accordance with criteria and other requirements set forth in the general appropriation act.
2022, Sp. Sess. I, cc. 8, 9.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-141.1. Standards for buildings and facilities

It is the intent of the General Assembly that new public school buildings and facilities and improvements and renovations to existing public school buildings and facilities be designed, constructed, maintained, and operated to generate more electricity than consumed and that such energy-positive building design be based on industry standards (i) contained in the design guide of the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), entitled "Achieving Zero Energy-Advanced Energy Design Guide for K-12 School Buildings," dated February 1, 2018, and any subsequent updates or (ii) similar industry standards.
2019, cc. 818, 819.
2023 Code of Virginia › Title 22.1 - Education › Chapter 9 - School Property › § 22.1-141.2. Authority to modernize public school lease agreements

A. Prior to undertaking the design, construction, maintenance, and operation of a new public school building or facility or the improvement or renovation of an existing school building or facility, a local school board may evaluate whether entering into a lease with a private entity will assist the school board in meeting the standards set forth in § 22.1-141.1.
B. In order to meet the design, construction, maintenance, and operation standards set forth in § 22.1-141.1, a school board may enter into a lease with a private entity that may include the following: (i) design of the building and facilities; (ii) construction of the building and facilities; (iii) financing of the project as defined in § 15.2-1815; (iv) operation of the heating, cooling, and renewable energy systems, including interconnect agreements with the regulated electric utility, maintenance of all such systems, responding to comfort complaints, and any other operational or maintenance-related issues during the lease term; and (v) such other terms as mutually agreed upon by the local school board and the private entity. Such lease may (a) be for the real property primarily used by the local school board and owned by the private entity, (b) be a capital or operating lease, (c) be exempt from real property taxation pursuant to subdivision (a)(1) of Article X, Section 6 of the Constitution of Virginia, and (d) contain a covenant that the rent shall not be reduced from the rent stated in the lease. Such lease shall not exceed 35 years in duration. The Virginia Public Procurement Act (§ 2.2-4300 et seq.) or the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1 et seq.) shall apply to any lease agreement solicited by a local school board pursuant to this section.
2019, cc. 818, 819.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-142. How Fund constituted; management

There shall be set apart as a permanent and perpetual fund, to be known as the "Literary Fund," the present Literary Fund of the Commonwealth, donations to the Literary Fund, sums appropriated to the Literary Fund, all funds received by the State Treasurer and required to be deposited in the Literary Fund pursuant to Chapter 25 (§ 55.1-2500 et seq.) of Title 55.1 and the proceeds of (i) all public lands donated by Congress for public school purposes, (ii) all escheated property, (iii) all waste and unappropriated lands, (iv) all property accruing to the Commonwealth by forfeiture except those items specifically exempted, (v) all fines collected for offenses committed against the Commonwealth, and (vi) the annual interest on the Literary Fund. The Literary Fund shall be invested and managed by the Board of Education as prescribed by § 22.1-145.
Code 1950, § 22-101; 1971, Ex. Sess., c. 128; 1980, c. 559; 2012, cc. 283, 756.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-143. Money belonging to Fund received in treasury; accountant

All moneys belonging to the Literary Fund shall be paid into the State Treasury to the credit of the Literary Fund and shall be used for no other purpose whatsoever. The State Treasurer shall be the accountant of the Fund.
Code 1950, §§ 22-101, 22-103; 1971, Ex. Sess., c. 128; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-144. Recovery of moneys due Fund

Any funds which ought to be paid into the State Treasury to the credit of the Literary Fund shall, unless otherwise provided, be recoverable with interest. Proceedings to recover such funds shall be instituted by the Board of Education in the name of the Commonwealth in the appropriate circuit court.
The Board may appoint agents for the collection of its debts or claims and authorize them to secure payment thereof on such terms as it may approve.
When the estate of any person that is taken under execution or that is for sale under any decree or deed of trust for any debt or claim due the Literary Fund or for any fine will not sell for the amount of such debt, claim or fine, such agent may, under the direction of the Board as to the price, purchase such estate for the Board. He shall immediately report to it every such purchase and the terms thereof. The Board may sell, or appoint an agent to sell, any estate so purchased. Such agent shall sell at such time and on such terms as the Board may authorize. The Board shall take bond from such agent if any money is to come into his hands. Any agent selling land under this section shall, when directed so to do by the Board, execute a deed, with the resolution giving such direction thereto annexed, conveying to the purchaser all the interest which the Board may have in such land. For the service of any agent under this section, the Board may allow compensation, not exceeding in any case ten per centum of the money actually paid into the State Treasury.
Code 1950, § 22-104; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-145. Investment of Fund

The Board of Education shall invest the Literary Fund in securities that are legal investments under the laws of the Commonwealth for public funds. The Board may call in any such investment and reinvest the same whenever it deems proper for the preservation, security or improvement of the Literary Fund. Whenever the Board shall invest in bonds of this Commonwealth, no premium shall be required or paid on such investment. All securities for money belonging to the Literary Fund shall be deposited with the State Treasurer for safekeeping, who shall return with his annual report a list thereof with a statement of their value.
Code 1950, § 22-102; 1956, c. 184; 1971, Ex. Sess., c. 128; 1980, c. 559; 1985, c. 139.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-146. Power of Board to make loans from fund for erection, etc., of school buildings and fueling facilities for school buses

The Board of Education may make loans or, subject to the approval of the General Assembly, loan interest rate subsidy payments from the Literary Fund to the school boards of the several school divisions making application therefor in the manner prescribed by law, authorized by the governing body and the school board, for the purposes of (i) erecting, altering or enlarging school buildings in such school divisions; (ii) purchasing and installing educational technology equipment and infrastructure; (iii) equipping school buses for alternative fuel conversions and for construction of school bus fueling facilities for supplying compressed natural gas or other alternative fuels; and (iv) refinancing or redemption of negotiable notes, bonds, and other evidences of indebtedness or obligations incurred by a locality on behalf of a school division which has an application for a Literary Fund loan for an approved school project pending before the Board of Education. For the purpose of this section, "alternative fuels" means motor fuels other than gasoline and diesel fuel.
Code 1950, § 22-105; 1980, c. 559; 1988, c. 88; 1991, c. 682; 1994, c. 689; 1997, c. 372; 2007, c. 121.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-146.1. School modernization loan interest rate subsidy payments

A. The Board of Education shall establish a program to subsidize interest payments on certain loans made by the Virginia Public School Authority to local governing bodies and school boards for the design and construction of new school buildings and facilities or the modernization and maintenance of existing school buildings and facilities as follows:
1. For school divisions with a composite index of local ability-to-pay that is greater than 0.2500 but less than 0.4000 at the time an application to the program is made, the Board may subsidize up to 50 percent of the interest due on such loan; or
2. For school divisions with a composite index of local ability-to-pay that is 0.2500 or less at the time an application to the program is made, the Board may subsidize up to 100 percent of the interest rate on such loan.
B. The aggregate amount of subsidies provided pursuant to this section shall not exceed the allocation specified in the general appropriation act for each fiscal year.
C. For each loan, the annual subsidy amount shall not include both:
1. Interest or other loan-related costs related to any part of the loan that exceed $7.5 million in loan value; and
2. Interest on any part of the loan that exceeds the rate that the local governing body or school board would have obtained for such loan under the provisions of §§ 22.1-146 and 22.1-150.
2019, c. 807.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-147. Application for and distribution of funds

A. The Board shall establish an annual open application process for Literary Fund loans that shall occur during the period that the Board deems most suitable. The Board shall prioritize applications on the basis of the composite index of local ability-to-pay.
B. The Board shall provide for an equitable distribution of the funds loaned or provided as loan interest rate subsidy payments from the Literary Fund among the several school divisions. In providing for such equitable distribution, the Board shall impose a maximum limit of not more than $25 million on the amount of any loan from the Literary Fund. The Board shall offer a loan add-on not to exceed $5 million per loan for projects that result in school consolidation and the net reduction of at least one existing school.
Code 1950, § 22-106; 1977, c. 157; 1980, c. 559; 1988, c. 88; 1997, c. 384; 1998, c. 70; 2022, Sp. Sess. I, c. 20.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-148. Restrictions upon making loans; retirement of previous loans; waiting lists

A. No loan from the Literary Fund shall exceed 100 percent of the cost of the building, addition thereto, and site for which such loan is made. No loan shall be made from the Literary Fund to aid in the erection of a building or addition that costs less than $500. Whenever a loan is made from the Literary Fund for the purpose of enlarging a building, any part of the proceeds of such loan may, in the discretion of the Board, be used to retire any previous loan or loans on such building although not matured at the time of such additional loan. The Board may refuse to make any loan from the Literary Fund to any school board that is in default in the payment of any part of the principal of any previous loan from the Literary Fund or which for the two years next preceding the loan has been more than six months in default in the payment of interest due on any loan from the Literary Fund.
B. Any school division that has an application for a Literary Fund loan for an approved school project pending before the Board shall not be denied or delayed in obtaining such loan solely for the reason that alternative financing had been obtained to begin or complete construction on such project.
C. Notwithstanding the provisions of subsection B, the Board may remove any project that has been inactive for at least five years from any project waiting list that it maintains.
Code 1950, § 22-111; 1980, c. 559; 1985, c. 226; 1994, c. 689; 2007, c. 121; 2022, Sp. Sess. I, c. 20.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-149. Additional funds for loans

When loans have been approved by the Board from time to time in such amounts that no sufficient balance is left in the Literary Fund from which to make additional loans, the Board is authorized to sell the bonds, notes or other evidences of debt of the school boards for which such loans are approved for investment of the trust funds of the Virginia Retirement System in such amount as may be approved by the Board of Trustees of the Virginia Retirement System in accordance with the provisions of § 51.1-124.30, in order to make such additional loans.
Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-150. Rate of interest

The Board, in consultation with the Department of Treasury, shall establish loan interest rates that are benchmarked to a market index on an annual basis, not to exceed two percent per year for the localities with a school division composite index of local ability-to-pay between 0.0 and 0.299. The Board shall utilize a sliding scale based on the local school division's composite index of local ability-to-pay to determine the interest rate on each such loan. Every loan made under the provisions of this chapter by selling the bonds, notes, or other evidences of debt of school boards for investment of the trust funds of the Virginia Retirement System shall bear interest at a rate not to exceed the maximum interest rate per year as established by the Board.
Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559; 2022, Sp. Sess. I, c. 20.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-151. Evidence of loan

A. A loan from the Literary Fund shall be evidenced by bonds or notes payable to the Commonwealth of Virginia for the benefit of the Literary Fund, executed or signed by the mayor or the chairman of the governing body and the chairman of the school board and attested by the clerk thereof. Evidence of debt taken for such loans shall be deposited with the State Treasurer and kept by him.
B. Upon the request of a locality, any memorandum of lien held on behalf of the Literary Fund prior to July 1, 2007, and deposited with the State Treasurer or recorded in the appropriate circuit court shall be marked as released. The release of such lien shall in no way affect the obligations of the locality under the loan.
Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559; 2007, c. 121; 2008, c. 365.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-152. Payment of principal and interest

Payments of interest and principal shall be made to the State Treasurer. A loan from the Literary Fund shall be repayable in annual installments from five to thirty years. The time of payment may be extended in the discretion of the Board of Education; but if the Board of Education has assigned any of the bonds, notes or other evidences of the loan to the Board of Trustees of the Virginia Retirement System under the provisions of § 51.1-124.30 and the same are held by the Board of Trustees of the Virginia Retirement System, the time of payment thereof may not be extended by the Board of Education but may be extended by the Board of Trustees of the Virginia Retirement System, in its discretion.
Code 1950, § 22-112; 1954, c. 476; 1958, c. 162; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-153. School boards authorized to borrow from Fund; form of application

The school boards of the several school divisions are authorized to borrow money belonging to the Literary Fund, and any school board desiring to borrow from the Fund shall make written application to the Board of Education for such loan on a form to be prescribed by the Board. In the case of a regional or joint school, the school boards of the school divisions participating in such school may jointly apply to borrow money for the benefit of the regional or joint school.
The Board shall not disburse any proceeds of any approved loan prior to its receipt of the concurrent approval of the governing body at the time of initial disbursement and an acceptable opinion of bond counsel obtained by the governing body as to the validity of the loan.
Code 1950, § 22-107; 1980, c. 559; 2007, c. 121; 2018, c. 591.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-158. Provisions for payment

The governing body of any county, city or town, if the town constitutes the school division, in which the school board has borrowed money from the Literary Fund shall include in its levies and appropriate to the school board a fund sufficient to meet the liabilities of the school board on such loan for the construction or renovation or enlarging of any school building, regardless of whether the title to the site is held by the school board, the local governing body or by a third party with whom the school board has entered into a long-term lease. The governing body of any county in which the school board thereof has borrowed money from the Literary Fund for construction of school facilities located in a town in such county constituting a separate school division shall have authority to include in its levies for such town, a levy sufficient to meet the liabilities of the school board on such loan and shall levy a separate tax in the rest of the county to meet its liabilities on any contract for school facilities constructed outside such town. In the event that such school board shall fail to pay any installment of interest or principal promptly, upon notice in writing to that effect from the State Treasurer, the county, city or town treasurer shall pay to the State Treasurer any such past-due installment of interest or principal, out of the funds in his hands belonging to such county, city or town. The failure of such governing body to provide for the payment of such loan or the interest thereon when and as due shall be deemed a cause for removal of the members thereof from office on motion before the circuit court having jurisdiction in such county, city or town, instituted by the attorney for the Commonwealth of such county or city or by the Attorney General where the attorney for the Commonwealth refuses or neglects to act after demand is made on him to proceed.
For the purposes of this section, "long-term lease" means a lease for a term of twenty-five years or more.
Code 1950, § 22-113; 1976, c. 334; 1980, c. 559; 1998, c. 719.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-159. Loans for construction of school facilities to serve portions of counties; levy of taxes for purpose of repaying such loans

Notwithstanding any other provision of law to the contrary, the school board of any school division composed of part or all of a county, with the approval of the governing body of the county, is authorized to borrow from the Literary Fund for the purpose of constructing school facilities in such county to serve a portion of such county. Taxes on property in the magisterial districts served by such facilities shall be levied by the governing body of the county and collected for the purpose of repaying such loan; provided that, for the purposes of this section, a magisterial district shall not include a town constituting a separate school division but the governing body of the county may levy a separate tax on property in a town in such county constituting a separate school division to repay money borrowed by such county from the Literary Fund for the purpose of constructing school facilities in such town. Except as otherwise provided by this section all other provisions of law relating to Literary Fund loans shall apply to a loan authorized by this section.
Code 1950, § 22-107.3; 1962, c. 177; 1976, c. 334; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-160. School boards authorized to anticipate payment of loans

Any school board which is indebted for any money borrowed from the Literary Fund may anticipate the payment of the principal amount of any such loan or loans, or any part thereof, by the payment of such principal amount with interest thereon to the date of such anticipated payment and may borrow money and issue bonds for the purpose of raising funds to pay any notes or other obligations of the school board now and hereafter held by the Literary Fund.
Code 1950, § 22-115; 1980, c. 559.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10 - Literary Fund › § 22.1-161. Loan declared indebtedness of the county, city or town; lien on locality's funds created

Any bonds or notes of a school board held by the Literary Fund are hereby declared to be valid and legally binding indebtedness of the county, city or combination thereof constituting the school division or of the town if the town constitutes the school division. There shall be a lien in favor of the Literary Fund on all funds and income of the county, city or town for the amount of such bonds and notes. Therefore, Literary Fund loans are considered to be general obligation debt of the governing body as defined in § 15.2-2602, and are subject to the provisions of §§ 15.2-2638 and 15.2-2659. The provisions of this section shall not be affected by the release of any memorandum of lien pursuant to subsection B of § 22.1-151.
Code 1950, §§ 22-102, 22-115; 1956, c. 184; 1971, Ex. Sess., c. 128; 1980, c. 559; 2007, c. 121; 2008, c. 365.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10.1 - Borrowing by School Boards from Virginia Retirement System › § 22.1-161.1. Borrowing for capital projects for school purposes authorized

In conformity with Article VII, Section 10 of the Constitution of Virginia, any school board is hereby authorized to contract to borrow money from the Virginia Retirement System for capital projects for school purposes, with the approval of the governing body of each county and city or part thereof constituting the school division, or of the town if the town constitutes the school division; and the Board of Trustees of the Virginia Retirement System is hereby authorized to lend the money if it is available for investment, subject to and in conformity with the provisions of this chapter.
1995, c. 250.
2023 Code of Virginia › Title 22.1 - Education › Chapter 10.1 - Borrowing by School Boards from Virginia Retirement System › § 22.1-161.2. Resolution by school board; approval or rejection by governing body; indebtedness evidenced by bonds

Whenever a school board desires to contract with the Board of Trustees of the Virginia Retirement System to borrow money for capital projects for school purposes, it shall adopt a resolution setting forth the purpose for which it is desired to borrow the money and the amount of such proposed borrowing. Such resolution shall be entered in the minutes of the school board, and a copy of the same, certified by the clerk of the school board, shall be submitted by the school board to the governing body of the county, city or town for its approval or rejection. If the governing body approves the resolution, it shall enter its approval in its minutes, and the school board may then endeavor to negotiate an agreement with the Board of Trustees of the Virginia Retirement System for the borrowing of such money. If agreement is reached, the question of borrowing such money on the terms agreed upon by the school board and the Board of Trustees of the Virginia Retirement System shall again be submitted to the governing body of the county, city or town for its approval or rejection. If the governing body approves the terms of the agreement, it shall enter its approval in its minutes, and the school board may then, by resolution entered in its minutes, provide for the issuance of negotiable bonds evidencing the indebtedness for sale to the Virginia Retirement System. Such bonds shall be issued in conformity with the provisions of this chapter.
1995, c. 250.