Title 22.1. Education
Subtitle .
Chapter 2. Board of Education
Chapter 2. Board of Education.
§ 22.1-8. General supervision vested in Board.The general supervision of the public school system shall be vested in the Board of Education.
Code 1950, § 22-11; 1971, Ex. Sess., c. 203; 1980, c. 559.
The Board of Education shall consist of nine members appointed by the Governor, at least two of whom shall represent business and industry in the private sector in the Commonwealth, and of the nine members at least five shall reside in different superintendent's regions in the Commonwealth. The Governor shall consider appointing one member with expertise or experience in local government leadership or policymaking, one member with expertise or experience in career and technical education, and one member with expertise or experience in early childhood education. Every appointment to the Board shall be for a term of four years, except that appointments to fill vacancies other than by expiration of term shall be for the unexpired terms. All appointments, including those to fill vacancies, shall be subject to confirmation by the General Assembly, and any appointment made during the recess of the General Assembly shall expire at the end of 30 days after the commencement of the next session of the General Assembly. No member of the Board shall be appointed to more than two consecutive four-year terms.
Code 1950, § 22-12.1; 1971, Ex. Sess., c. 203; 1980, c. 559; 2017, c. 687; 2021, Sp. Sess. I, c. 21; 2022, c. 770.
A. There is hereby established the Student Advisory Board (the Advisory Board) for the purpose of providing student perspectives on matters before the Board.
B. The Advisory Board shall consist of eight members appointed by the Governor, each of whom shall be a high school student who will enter senior year during the following school year and each of whom shall reside in a different Superintendent's region. Each member shall serve for a term of one year, and no member is eligible to be reappointed.
C. The Advisory Board shall meet at least semiannually in either an in-person or, notwithstanding any other provision of law, a virtual format and shall designate at least one member to make an annual presentation to the Board that includes analysis of and recommendations on matters before the Board or any other matter that the Advisory Board deems relevant.
2022, c. 778.
The Board shall elect from its membership a president for a term of two years.
Code 1950, § 22-13; 1971, Ex. Sess., c. 203; 1980, c. 559.
A majority of the members of the Board shall constitute a quorum for the transaction of business.
Code 1950, § 22-14; 1980, c. 559.
Before entering upon the duties of office, a person appointed to the 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, § 22-15; 1980, c. 559.
Meetings of the Board shall be held upon the call of the president or upon request of a majority of its members. The president shall give due notice to all the members of the time and place of all meetings. The place of meeting shall ordinarily be the office of the Superintendent of Public Instruction.
Code 1950, § 22-17; 1980, c. 559.
The minutes of each meeting of the Board shall be signed by the person presiding at such meeting.
Code 1950, § 22-18; 1980, c. 559.
Repealed by Acts 1980, c. 728.
The Board of Education may adopt bylaws for its own government and promulgate such regulations as may be necessary to carry out its powers and duties and the provisions of this title.
Code 1950, § 22-19; 1971, Ex. Sess., c. 203; 1980, c. 559.
The Board shall promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16, to be conducted or authorized by the Department of Education or any public schools including the Virginia Schools for the Deaf and the Blind or any proprietary schools certified by the Board. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Superintendent of Public Instruction or his designee at least annually a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved.
1992, c. 603.
Repealed by Acts 2022, c. 355.
A. In addition to the requirement to cooperate with other state departments in licensing and certification of residential schools for students with disabilities, the Department of Education shall cooperate with other state departments in fulfilling their respective licensing and certification responsibilities and in reducing and simplifying the regulations involved in the licensing and certification of group homes and residential facilities for children when such homes or facilities include an educational program. The Board shall promulgate regulations allowing the Department of Education to so assist and cooperate with other state departments.
B. The Board's regulations shall address the services required to be provided in such homes and facilities as it may deem appropriate to ensure the education and safety of the students. In addition, the Board's regulations shall include, but shall not be limited to (i) specifications for the structure and accommodations of such homes or facilities according to the needs of the children to be placed; (ii) rules concerning allowable activities, local government and home- or facility-imposed curfews, and study, recreational, and bedtime hours; and (iii) a requirement that each home or facility have a community liaison who shall be responsible for facilitating cooperative relationships with the neighbors, the local school division, local law enforcement, local government officials, and the community at large.
The Department of Education shall develop and maintain a nutrition and physical activity best practices database. The database shall contain the results of any wellness-related fitness testing done by local school divisions, as well as information on successful programs and policies implemented by local school divisions designed to improve nutrition and physical activity in the public schools. This information may include (i) a description of the program or policy, (ii) advice on implementation, (iii) any assessment of the program or policy, (iv) a contact person from the local school division, and (v) any other information the Department deems appropriate. The database shall be readily accessible to all local school divisions in the Commonwealth and the Department of Health. While the Board shall encourage local school divisions to submit information to the database, no school division shall be required to submit information.
The Board, in collaboration with the Department of Social Services, shall provide awareness and training materials for local school division staff on human trafficking, including strategies for the prevention of trafficking of children.
The Board of Education shall establish guidelines for alternatives to short-term and long-term suspension for consideration by local school boards. Such alternatives may include positive behavior incentives, mediation, peer-to-peer counseling, community service, and other intervention alternatives.
The State Board of Education shall amend its regulations to require that persons seeking a technical professional license with an endorsement to teach military science have either the appropriate credentials issued by the United States military or a recommendation from a Virginia employing educational agency.
A. As used in this section, "sexually explicit content" has the same meaning as provided in subsection A of § 2.2-2827.
B. The Department shall develop and make available to each school board model policies for ensuring parental notification of any instructional material that includes sexually explicit content and include information, guidance, procedures, and standards relating to:
1. Ensuring parental notification;
2. Directly identifying the specific instructional material and sexually explicit subjects; and
3. Permitting the parent of any student to review instructional material that includes sexually explicit content and provide, as an alternative, nonexplicit instructional material and related academic activities to any student whose parent so requests.
C. Each school board shall adopt policies that are consistent with but may be more comprehensive than the model policies developed by the Department pursuant to subsection B.
2022, c. 100.
Not less than sixty days prior to the adoption of any regulation affecting school divisions, the Board of Education and the Department of Education shall prepare a statement as to the administrative impact of such regulation on school divisions and the projected costs of implementation of and compliance with such regulation and shall send a copy thereof to each division superintendent.
Code 1950, § 22-19.01; 1976, c. 602; 1980, c. 559; 1988, c. 234.
For the purposes of regulations promulgated by the Board of Education, "intervener" means an individual with knowledge and skill in the mode of communication of a deaf-blind student and who can communicate to the deaf-blind student what is occurring in the student's educational setting.
2013, c. 729.
A. The Department shall develop and adopt a common statewide definition for the term "student with limited or interrupted formal education" and shall require local school divisions to report the number of students who fall under such definition as part of the required data collection and reporting on average daily membership for the purposes of documenting any changes in such numbers over time.
B. The Board shall evaluate the supports and programs available to students with limited or interrupted formal education in local school divisions to determine whether the calculations for the school quality indicators within the Board's Regulations Establishing the Standards for Accrediting Public Schools in Virginia (8VAC20-131-5 et seq.) are appropriate or whether changes in methodology could be made to more comprehensively measure the academic and nonacademic achievement of such student population. Such evaluation shall be completed to make the necessary revisions to impact the methodology for the calculation of school accreditation ratings for the 2021-2022 school year.
2020, c. 696.
The Board of Education, in cooperation with the Board of Juvenile Justice, shall promulgate regulations for the reenrollment in the public schools of children who have been in the custody of the Department of Juvenile Justice. Such regulations shall include the components required in a reenrollment plan and shall provide for consistency in the curricula, standards and policies between the educational programs required by this title, and those of the Board of Juvenile Justice.
1990, c. 797; 1991, c. 295; 1996, c. 1000; 2012, cc. 803, 835.
The Board of Education and the Board of Nursing, or their representatives, shall, at least annually, develop and revise an interagency agreement relating to the regulation of public school nursing education programs. This memorandum of understanding shall establish a framework for cooperation in order to achieve consistency in the regulation of such programs. The duties and responsibilities of the Department of Education and the Board of Nursing for public school practical nursing and nurse aide education programs shall be set forth in the agreement. The agreement shall include, but need not be limited to, core curricula for the programs; administrative and clerical activities such as exchange of mailing labels, participation in site visits, reporting requirements, and information for newsletters; review and revision of the curricula materials; participation in inservice activities and state conferences; opportunity to participate in and comment on revisions of any relevant regulations; and communication procedures between the two state agencies and with the local school divisions.
1991, c. 629.
The Board of Education, the Department of Labor and Industry, and the State Board for Community Colleges shall identify High School to Work Partnerships established pursuant to subsection D of § 22.1-227.1 and other student internship programs that may be eligible for exemptions from federal and state labor laws and regulations for which exemptions are available for student apprenticeship programs. The Board of Education, the Department of Labor and Industry, and the State Board for Community Colleges shall also establish procedures by which such exemptions may be obtained for such High School to Work Partnerships and other student internship programs.
A. Any veteran of World War II may apply to the Board of Education for a Commonwealth of Virginia World War II Veteran Honorary High School Diploma by filing, in compliance with Board guidelines, a statement declaring that:
1. During the years between 1939 and 1945, he served in any branch of the United States Armed Forces and was subsequently honorably discharged;
2. He was drafted or did enlist in the United States Armed Forces while still enrolled as a secondary school student in any school in any state or territory of the United States or any school located on or associated with a United States military base or embassy; and
3. He was unable to resume his secondary education upon returning to civilian life.
B. Any veteran of the Korean War may apply to the Board of Education for a Commonwealth of Virginia Korean War Veteran Honorary High School Diploma by filing, in compliance with Board guidelines, a statement declaring that:
1. During the years between 1950 and 1953, he served in any branch of the United States Armed Forces and was subsequently honorably discharged;
2. He enlisted in or was drafted into the United States Armed Forces while still enrolled as a secondary school student in any school in any state or territory of the United States or any school located on or associated with a United States military base or embassy; and
3. He was unable to resume his secondary education upon returning to civilian life.
C. Any veteran of the Vietnam War may apply to the Board of Education for a Commonwealth of Virginia Vietnam War Veteran Honorary High School Diploma by filing, in compliance with Board guidelines, a statement declaring that:
1. During the years between 1959 and 1975, he served in any branch of the United States Armed Forces and was subsequently honorably discharged;
2. He enlisted in or was drafted into the United States Armed Forces while still enrolled as a secondary school student in any school in any state or territory of the United States or any school located on or associated with a United States military base or embassy; and
3. He was unable to resume his secondary education upon returning to civilian life.
D. The Board of Education shall establish guidelines setting forth the timelines and procedures for applying for such diplomas. Upon the filing of the required statement in accordance with its guidelines, the Board of Education shall award the veteran either a Commonwealth of Virginia World War II Veteran Honorary High School Diploma, or a Commonwealth of Virginia Korean War Veteran Honorary High School Diploma, or a Commonwealth of Virginia Vietnam War Veteran Honorary High School Diploma. Such diplomas shall be delivered to eligible veterans during the first full week in September that has been designated, in accordance with § 2.2-3309.1, as the Virginia World War II Veterans Appreciation Week, or during the first full week in November that has been designated, in accordance with § 2.2-3309.1, as the Virginia Korean War Veterans Appreciation Week, or during the first full week in November that has been designated, in accordance with § 2.2-3310, as Vietnam War Memorial Dedication Week and Veterans' Recognition Week in the Commonwealth.
In order to provide appropriate opportunity for input from the general public, parents, teachers, and local school boards, the Board of Education shall solicit public comment prior to revising or adopting Standards of Learning resource guides and lists of recommended textbooks in any Standards of Learning academic subject. Thirty days prior to soliciting public comment, the Board shall publish notice of its intended action. Interested parties shall be given reasonable opportunity to be heard and present information prior to final action of the Board.
The Board shall make such resource guides available for public inspection at least thirty days prior to final adoption or revision, as the case may be.
2001, c. 869.
A. The Board shall adopt policies to ensure that the Department does not require public elementary or secondary schools or local school divisions to (i) provide information that is already available to or housed within the Department; (ii) provide the same written information more than once during a school year, absent a change in the underlying information; (iii) complete forms for students with disabilities unless such forms are necessary to ensure compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.); or (iv) provide information that is not necessary to comply with state or federal law unless such information is relevant to student outcomes or the efficient operation of the public schools, provided that the Department may require such schools and local school divisions to provide any such information or complete any such forms if the Department demonstrates a compelling need or demonstrates that it does not have a more expeditious method for obtaining the information or completing the forms.
B. The Department shall annually evaluate and determine the continued need for the information that it collects from public elementary and secondary schools and local school divisions. In making such evaluation and determination, the Department shall consider whether the information that it collects is required by state or federal law.
C. The Board shall report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health by November 15 of each year on (i) information that public elementary and secondary schools and local school divisions are required to provide to the Department pursuant to state law, (ii) the results of the annual evaluation and determination made by the Department pursuant to subsection B, (iii) any reports required of public elementary or secondary schools or local school divisions that the Department has consolidated, (iv) any information that the Department no longer collects from public elementary or secondary schools or local school divisions, and (v) any forms that the Department no longer requires public elementary or secondary schools or local school divisions to complete.
The Department shall (i) establish a uniform definition of social-emotional learning and develop guidance standards for social-emotional learning for all public students in grades kindergarten through 12 in the Commonwealth; (ii) make such standards available to each local school division no later than July 1, 2021; and (iii) issue a report no later than November 1, 2021, on the resources needed to successfully support local school divisions with the implementation of a statewide social-emotional learning program.
2020, c. 339.
By December 1 of each year, the Board of Education shall submit to the Governor and the General Assembly a report on the condition and needs of public education in the Commonwealth and shall identify any school divisions and the specific schools therein that have failed to establish and maintain schools meeting the existing prescribed standards of quality. Such standards of quality shall be subject to revision only by the General Assembly, pursuant to Article VIII, Section 2 of the Constitution of Virginia. Such report shall include:
1. A complete listing of the current standards of quality for the Commonwealth's public schools, together with a justification for each particular standard, how long each such standard has been in its current form, and whether the Board recommends any change or addition to the standards of quality;
2. Information regarding parent and student choice within each school division and any plans of such school divisions to increase school choice;
3. A complete listing of each report that local school divisions are required to submit to the Board or any other state agency, including name, frequency, and an indication of whether the report contains information that the local school division is also required to submit to the federal government;
4. An explanation of the need to retain or maintain the frequency of any report identified pursuant to subdivision 3; any recommendation for the elimination, reduction in frequency, or consolidation of reports identified pursuant to subdivision 3 when such elimination, reduction in frequency, or consolidation would require an amendment to the laws of the Commonwealth; and a description of any other report identified pursuant to subdivision 3 that the Board has eliminated, reduced in frequency, or consolidated; and
5. A complete listing of each report pertaining to public education that local school divisions are required to submit to the federal government, including name and frequency.
Code 1950, § 22-19.1; 1971, Ex. Sess., c. 160; 1973, c. 97; 1980, c. 559; 1984, c. 157; 2002, cc. 159, 253; 2013, c. 643; 2015, c. 386; 2016, c. 469; 2017, c. 235.
A. To ensure the integrity of the standards of quality, the Board of Education shall, in odd-numbered years, exercise its constitutional authority to determine and prescribe the standards, subject to revision only by the General Assembly, by reviewing the standards and either (i) proposing amendments to the standards or (ii) making a determination that no changes are necessary.
B. If the Board proposes changes to the standards of quality, the budget estimates that are required to be reported pursuant to § 2.2-1504 shall take into consideration the Board's proposed standards of quality.
Each local school board shall submit the annual report, "Programs for Gifted Education," as required by Board regulations, to the Department of Education.
Each school board may appoint, in accordance with the regulations of the Board of Education, a local advisory committee on gifted education. A local advisory committee on gifted education shall annually review the local plan for the education of gifted students, including revisions, and determine the extent to which the plan for the previous year was implemented. The comments and recommendations of the local advisory committee on gifted education shall be submitted in writing directly to the school board and the superintendent.
A school board shall comply with Board regulations governing gifted education relative to the use of multiple criteria for the identification of gifted students.
With such funds as may be appropriated for this purpose, the Department of Education shall conduct an annual review of all local gifted education programs, on such date as it may determine, to ensure full implementation and compliance with federal and state laws and regulations governing gifted education. The Department may conduct the review as an on-site observation or require certification of compliance from the division superintendent.
The Board shall provide for the accreditation of public elementary, middle, and high schools in accordance with standards prescribed by it. The Board may provide for the accreditation of private elementary, middle, and high schools in accordance with standards prescribed by it, taking reasonably into account the special circumstances and factors affecting such private schools. The Board in its discretion may recommend provisions for accreditation standards for private nursery schools. Any such accreditation shall be at the request of the private school only.
For the purposes of facilitating the transfer of academic credits for students who have attended private schools and are enrolling in public schools, and to meet the requirements of § 22.1-289.032, the Board of Education shall authorize, in a manner it deems appropriate, the Virginia Council for Private Education to accredit private nursery, preschool, elementary, and secondary schools.
Code 1950, § 22-21; 1954, c. 326; 1968, c. 281; 1980, c. 559; 1991, c. 178; 1993, cc. 730, 742; 2000, c. 535; 2012, cc. 803, 835; 2016, c. 442; 2020, cc. 860, 861.
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.
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.
A. As used in this section, unless the context requires a different meaning:
"Public broadcasting station" means any noncommercial, educational television or radio station that (i) is licensed and regulated by the Federal Communications Commission as a noncommercial, educational broadcasting station; (ii) is operated by a public agency or a nonprofit private foundation, corporation, or association; (iii) has offices and studios located in Virginia; and (iv) on or before January 1, 1997, was qualified to receive or was the recipient of a Virginia community service grant or other instructional television service funds, or, after January 1, 1997, until July 1, 2012, was qualified by the Virginia Public Broadcasting Board to receive state funds under standards and criteria established by the Virginia Public Broadcasting Board pursuant to law, or, after July 1, 2012, was qualified by the Board of Education in accordance with this section. Public broadcasting station shall not include any institution of higher education that produces or transmits distance education and other credit and noncredit television programs, unless such institution requests qualification as a public broadcasting station and the Board of Education approves its request.
B. The Board shall have the power and duty to:
1. Receive, allocate, and dispense funds appropriated by the General Assembly and funds received by the Board from other sources, subject to the approval of the Director of the Department of Planning and Budget;
2. Develop reasonable and fair formulas for allocating and distributing state funds and other funds of the Board to Virginia's public broadcasting stations consistent with the intent of such appropriations;
3. Apply for, accept, and receive grants of federal funds and funds from other public and private sources;
4. Adopt, administer, and apply standards and criteria by which the Board may permit television and radio stations to qualify as public broadcasting stations if those stations did not qualify for or receive Virginia community service grants or other instructional television service funds as of January 1, 1997, but otherwise qualify as such under the definition of a public broadcasting station. To avoid unnecessary duplication of public broadcasting services, the Board shall consider: (i) the adequacy of existing programming, coverage, and other public broadcasting services in the geographic area to be served and the extent to which those services would be duplicated by an additional public broadcasting station and (ii) the sufficiency of funds administered by the Board to support existing or proposed public broadcasting stations;
5. Coordinate such strategic planning by the public broadcasting stations as the Board deems appropriate and identify and communicate to the Governor and the General Assembly the funding and other requirements of Virginia's public broadcasting stations; and
6. Enter into contracts with public broadcasting stations, state agencies and institutions, public schools, and private entities for goods and services.
C. The Director of the Department of Planning and Budget shall oversee and approve the disbursement of all funds appropriated to the Board for the purposes enumerated in this section. Upon approval, the funds of the Board shall be disbursed for the following general purposes:
1. Annual operating-grant-funding to public broadcasting stations for developing, acquiring, producing, and distributing programs and related services that support local needs of preschool and adult education; disseminating information to the citizenry regarding the government and its affairs; promoting tourism and enhancing the Commonwealth's economic development; and supporting other programs that inform, educate, and entertain the citizenry with noncommercial programming.
2. Annual contract-funding to public broadcasting stations to regionally manage and provide programming and related services that directly support the instructional activities of local schools and home educators.
3. Matching-capital-funding to public broadcasting stations for construction and equipment modernization to keep Virginia stations consistent with industry standards.
4. Funding for specific programs and projects to be provided by a public broadcasting station that may not be included in another funding category.
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.
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.
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.