Code of Virginia

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Code of Virginia
Title 22.1. Education
Chapter 13. Programs, Courses of Instruction and Textbooks
7/31/2021

Article 5. Career and Technical Education Projects.

§ 22.1-228. Definitions.

As used in this article:

1. "Career and technical education project" or "project" means a project that supplements the regular career and technical education program in a school division and that is designed to provide effective practical training to students in the secondary schools of the school division and in which participation is optional and voluntary.

2. "Corporation" means a nonstock, nonprofit corporation or foundation established for the express purpose of promoting career and technical education in a school division within the meaning of § 501(c)(3) of the United States Internal Revenue Code.

Code 1950, § 22-330.37; 1974, c. 336; 1975, c. 139; 1980, c. 559; 2001, c. 483.

§ 22.1-229. Projects may be established directly or by contract with corporation.

Any school board may establish career and technical education projects. A school board may establish any such project either directly with its own facilities and personnel or under contract with a corporation. A project may be conducted on school board property or other public or private property. A school board may acquire sites for projects.

Code 1950, §§ 22-330.36, 22-330.37, 22-330.38; 1974, c. 336; 1975, c. 139; 1980, c. 559; 2001, c. 483.

§ 22.1-230. Approval of corporation's articles and bylaws.

No school board shall contract with a corporation for establishment of a career and technical education project unless its articles of incorporation and bylaws have been approved by the Board of Education.

Code 1950, § 22-330.39; 1974, c. 336; 1980, c. 559; 2001, c. 483.

§ 22.1-231. Review of projects by Board of Education.

No school board shall establish or contract to establish a career and technical education project until such project has been reviewed and approved by the Board of Education. The Board's review shall be for the purpose of ensuring that (i) where a school board undertakes a project by contract with a corporation, such contract meets the requirements of this article, (ii) in undertaking a project, the school board complies with all other requirements of law and (iii) public funds will be protected. If the Board fails to act on a project submitted for approval within sixty days, the project shall be deemed to be approved.

Code 1950, § 22-330.40; 1974, c. 336; 1980, c. 559; 2001, c. 483.

§ 22.1-232. Contracts.

A. Where a school board undertakes a career and technical education project by contract with a corporation, the school board may advance, contribute and loan funds to the corporation. The contract shall contain:

1. a system of accounting;

2. the terms upon which any profits from the sale of the project will be allocated between the school board and the corporation;

3. conditions for the return with interest of any funds advanced by the school board;

4. a provision that upon the dissolution of the corporation, any assets remaining after payment of just debts shall be transferred to and become the property of the school board;

5. a provision that, upon the completion of any project, the school board may determine not to participate in further projects;

6. a provision that the school board may at any time require the return of funds to which it is entitled.

B. Where the school board contributes or loans funds to the corporation, such contract shall provide for the posting of a bond with surety by the officers of the corporation conditioned to protect the rights of the school board.

C. Such contract may provide for the establishment of an escrow fund for the purpose of funding future projects.

Code 1950, §§ 22-330.41, 22-330.42; 1974, c. 336; 1980, c. 559; 2001, c. 483.

§ 22.1-233. Application of zoning laws and building codes; inspection of work; school boards to make no warranties.

Nothing herein shall exempt career and technical education projects from compliance with state and local zoning laws and building codes, if applicable. Work done by students or other nonlicensed personnel shall be inspected by an appropriately licensed person to assure compliance with prescribed standards. No school board shall make any warranty, express or implied, as to the construction or as to the compliance of a project with zoning laws and building codes.

Code 1950, § 22-330.43; 1974, c. 336; 1975, c. 139; 1980, c. 559; 2001, c. 483.

§ 22.1-234. Acquisition of sites for projects; sale of completed projects and other school board property.

A school board may expend funds for the purpose of acquiring the site for the construction of a career and technical education project. At the completion of a project constructed on private property, the project shall be sold within a reasonable time. The power of eminent domain may not be used to acquire land as a site for a project. In addition, the school board may sell a completed project and any associated land owned by the school board, regardless of whether the property was previously purchased or specifically acquired for the project. The school board shall make reasonable and good faith efforts to ensure that the fair market value is received upon the sale of any building constructed as a project and the associated land, if any.

Code 1950, § 22-330.44; 1974, c. 336; 1980, c. 559; 1991, c. 298; 2001, c. 483.

§ 22.1-235. Transportation of students; insurance.

A school board may provide transportation for students to career and technical education project sites.

A school board or corporation may provide insurance protecting its students and agents from loss as a result of physical injury or liability resulting from their work on the project.

Code 1950, § 22-330.45; 1974, c. 336; 1980, c. 559; 2001, c. 483.

§ 22.1-236. Immunity of board members and officers and directors of corporations.

Neither the members of a school board nor the officers or directors of a corporation shall be personally liable for the negligence of any student or agent in connection with a career and technical education project.

Code 1950, § 22-330.46; 1974, c. 336; 1980, c. 559; 2001, c. 483.

§ 22.1-237. Academic credit.

The Board of Education may regulate the awarding of academic credit for participation in career and technical education projects.

Code 1950, § 22-330.47; 1974, c. 336; 1980, c. 559; 2001, c. 483.