Code of Virginia

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Code of Virginia
Title 22.1. Education
Chapter 5. School Boards; Selection, Qualification and Salaries of Members

Article 1. General Provisions.

§ 22.1-28. Supervision of schools in each division vested in school board.

The supervision of schools in each school division shall be vested in a school board selected as provided in this chapter or as otherwise provided by law.

1980, c. 559.

§ 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.

§ 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.

§ 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.

§ 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.

§ 22.1-32. Salary of members.

Any elected or appointed school board may pay each of its members an annual salary that is consistent with the salary procedures and no more than the salary limits provided for local governments in Article 1.1 (§ 15.2-1414.1 et seq.) of Chapter 14 of Title 15.2 or as provided by charter, provided that:

1. Any school board may pay the chairman of the school board an additional salary not exceeding $2,000 per year upon passage of an appropriate resolution by (i) the school board whose membership is elected in whole or in part or (ii) the governing body of the appropriate county, city, or town whose school board is comprised solely of appointed members.

2. Any school board may pay each of its members mileage for use of a private vehicle in attending meetings of the school board and in conducting other official business of the school board. Its members may be reimbursed for private transportation at a rate not to exceed that which is authorized for persons traveling on state business in accordance with § 2.2-2825. Whatever rate is paid, however, shall be the same for school board members and employees of the board.

3. No school board shall be awarded a salary increase unless, upon an affirmative vote by such school board, a specific salary increase is approved. Local school boards shall adopt such increases according to the following procedures:

a. A local school board representing a county may establish a salary increase prior to July 1 of any year in which members are to be elected or appointed, or, if such school board is elected or appointed for staggered terms, prior to July 1 of any year in which at least two members are to be elected or appointed. Such increase shall become effective on January 1 of the following year.

b. A local school board representing a city or town may establish a salary increase prior to December 31 in any year preceding a year in which members are to be elected or appointed. Such increase shall become effective on July 1 of the year in which the election or appointment occurs if the election or appointment occurs prior to July 1 and shall be become effective January 1 of the following year if the election or appointment occurs after June 30.

4. No salary increase may become effective during an incumbent member's term of office; however, this restriction shall not apply if the school board members are elected or appointed for staggered terms.

Code 1950, § 22-67.2; 1950, pp. 465, 490; 1952, c. 170; 1954, cc. 206, 709; 1956, c. 317; 1956, Ex. Sess., cc. 5, 44; 1958, c. 375; 1960, c. 217; 1962, c. 223; 1964, c. 166; 1966, c. 82; 1968, c. 731; 1970, c. 498; 1971, Ex. Sess., c. 93; 1972, c. 623; 1973, c. 153; 1974, cc. 158, 197; 1975, c. 468; 1976, cc. 127, 176; 1977, cc. 389, 512; 1978, c. 488; 1979, c. 237; 1980, c. 559; 1981, c. 482; 1982, c. 488; 1983, c. 562; 1984, c. 483; 1985, c. 493; 1986, cc. 446, 486; 1987, c. 348; 1988, cc. 567, 582; 1989, cc. 464, 504; 1990, cc. 805, 878; 1991, c. 279; 1992, c. 406; 1993, cc. 658, 783; 1994, cc. 847, 900; 1995, c. 487; 1996, cc. 898, 1041; 1997, cc. 233, 366; 1998, cc. 309, 395, 600, 872; 1999, cc. 423, 656, 689; 2000, cc. 721, 738; 2001, cc. 603, 607; 2002, cc. 669, 733, 739; 2003, cc. 175, 713; 2004, cc. 179, 199; 2005, cc. 489, 536; 2006, cc. 126, 840; 2007, c. 53; 2010, c. 723; 2013, c. 278; 2017, c. 323; 2018, cc. 65, 80; 2020, c. 1046; 2021, Sp. Sess. I, cc. 20, 79, 80, 81; 2022, c. 662.

§ 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.