Code of Virginia

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Code of Virginia
Title 22.1. Education
Chapter 7. General Powers and Duties of School Boards
5/29/2022

§ 22.1-82. Employment of counsel to advise or defend school boards and officials; payment of costs, expenses and liabilities; consent of governing bodies required prior to institution of proceedings.

A. Notwithstanding any other provision of law, the attorney for the Commonwealth or other counsel may be employed by a school board to advise it concerning any legal matter or to represent it, any member thereof or any school official in any legal proceeding to which the school board, member or official may be a party, when such proceeding is instituted by or against it or against the member or official by virtue of his actions in connection with his duties as such member or official.

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

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

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

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.