Code of Virginia

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Code of Virginia
Title 22.1. Education
Chapter 6. Division Superintendents
7/30/2021

Chapter 6. Division Superintendents.

§ 22.1-58. Division superintendent required.

For each school division there shall be a division superintendent of schools.

1980, c. 559.

§ 22.1-59. Qualifications of superintendent.

The Board of Education shall prescribe by regulation the minimum qualifications for the position of division superintendent of schools and a copy of such regulations shall be furnished to all applicants.

Code 1950, § 22-31; 1980, c. 559.

§ 22.1-60. Appointment and term of superintendent; certain contractual matters.

A. The division superintendent of schools shall be appointed by the school board of the division from the entire list of eligibles certified by the State Board. All contract terms for superintendents shall expire on June 30. The division superintendent shall serve for an initial term of not less than two years nor more than four years. At the expiration of the initial term, the division superintendent shall be eligible to hold office for the term specified by the employing school board, not to exceed four years.

Except as provided in subsection B, the division superintendent shall be appointed by the school board within 180 days after a vacancy occurs. In the event a school board appoints a division superintendent in accordance with the provisions of this section and the appointee seeks and is granted release from such appointment prior to assuming office, the school board shall be granted a 60-day period from the time of release within which to make another appointment.

B. A school board that has not appointed a superintendent within 120 days of a vacancy shall submit a written report to the Superintendent of Public Instruction demonstrating its timely efforts to make an appointment. Upon request, a school board shall be granted up to an additional 180 days within which to appoint a division superintendent.

C. No school board shall renegotiate a superintendent's contract during the period following the election or appointment of new members and the date such members are qualified and assume office.

D. Whenever a superintendent's contract is being renegotiated, all members of the school board shall be notified at least 30 days in advance of any meeting at which a vote is planned on the renegotiated contract unless the members agree unanimously to take the vote without the 30 days' notice. Each member's vote on the renegotiated contract shall be recorded in the minutes of the meeting.

Code 1950, §§ 22-32, 22-33; 1954, c. 638; 1958, c. 44; 1970, c. 155; 1971, Ex. Sess., c. 225; 1972, c. 434; 1980, c. 559; 1983, c. 145; 1989, c. 550; 1992, c. 164; 1996, c. 759; 2002, cc. 165, 374; 2003, c. 866; 2018, c. 136.

§ 22.1-60.1. Evaluation of superintendent.

Each local school board shall evaluate the division superintendent annually consistent with the performance objectives set forth in Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Administrators, and Superintendents as required by § 22.1-253.13:5.

1999, cc. 1030, 1037; 2005, cc. 331, 450.

§ 22.1-61. When Board to appoint superintendent.

In the event that a school board fails to appoint a division superintendent within the time prescribed by § 22.1-60, the State Board shall appoint such division superintendent.

Code 1950, § 22-33; 1954, c. 638; 1972, c. 434; 1980, c. 559.

§ 22.1-62. Appointment of same person by two or more school divisions; approval of part-time superintendent by State Board.

A. Any two or more school divisions may appoint the same person to be division superintendent.

B. No person may be employed as a part-time division superintendent without the approval of the Board of Education.

Code 1950, §§ 22-32, 22-37; 1956, c. 633; 1958, c. 44; 1964, c. 428; 1966, c. 601; 1968, c. 454; 1970, cc. 155, 691; 1971, Ex. Sess., c. 225; 1972, c. 581; 1980, c. 559.

§ 22.1-63. Certain officers ineligible for or to hold office of superintendent.

A. No member of the governing body of a county, city or town and no member of a school board shall be eligible for the office of division superintendent of schools in the school division in which he serves.

B. No federal officer or employee, no state officer, except an officer appointed by the Governor, no state employee, no deputy of such officers, no officer or employee or the deputy of an officer of a city, county or town, no member of the governing body of a county, city or town, no member of a school board and no chairman of any political party shall be eligible to hold the office of division superintendent of schools.

Code 1950, § 22-35; 1954, c. 334; 1956, c. 620; 1980, c. 559.

§ 22.1-64. Oath of superintendent.

Every division superintendent, before entering upon the duties of office, 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 of this Code, and a certificate of the clerk of the court in which the oath is administered setting forth the qualification and its record shall be furnished the Superintendent of Public Instruction.

Code 1950, § 22-39; 1980, c. 559.

§ 22.1-65. Punishment of division superintendents.

A division superintendent may be assessed a reasonable fine, suspended from office for a limited period or removed from office by either the Board of Education, upon recommendation of the Superintendent of Public Instruction or the school board of the division for sufficient cause. A division superintendent may appeal to the appropriate circuit court any decision of the Board of Education or school board to assess a fine against him or to suspend or remove him from office and shall be entitled to a trial de novo on such appeal of whether there was sufficient cause therefor.

Code 1950, § 22-40; 1980, c. 559; 1990, c. 517.

§ 22.1-66. Vacancy in office.

The office of any division superintendent, whether full-time or part-time, shall be deemed vacant upon his engaging in any other business or employment during his term of office as such superintendent unless such superintendent was granted prior approval by the school board or school boards appointing him, or upon his resignation or his removal from office.

Code 1950, § 22-38; 1971, Ex. Sess., c. 225; 1974, c. 191; 1980, c. 559.

§ 22.1-67. Expenses of superintendents.

Each school board shall provide for the necessary traveling and office expenses of the division superintendent. Detailed records of all such expenses shall be kept by the division superintendent.

Code 1950, § 22-37; 1956, c. 633; 1964, c. 428; 1966, c. 601; 1968, c. 454; 1970, c. 691; 1972, c. 581; 1980, c. 559; 1985, c. 324; 1988, c. 95.

§ 22.1-68. Records.

Each division superintendent shall ensure that an accurate record of all receipts and disbursements of school funds and all statistical information which may be required by the State Board is kept.

Code 1950, § 22-36.1; 1980, c. 559.

§ 22.1-69. Superintendent to attend meetings.

The division superintendent or, in his absence or inability to attend, a person designated by him and approved by the school board shall be present at all meetings of the school board except that on affirmative vote of a majority of the members of the school board, attendance of the division superintendent or his designee may be dispensed with at a special meeting of the school board. If matters pertaining to the division superintendent personally are under discussion at any such meeting, he shall remain subject to the call of the school board.

Code 1950, § 22-49; 1973, c. 63; 1980, c. 559.

§ 22.1-70. Powers and duties of superintendent generally.

A division superintendent shall perform such other duties as may be prescribed by law, by the school board and by the State Board.

Code 1950, § 22-36; 1980, c. 559.

§ 22.1-70.1. Reports of certain ratios to local school boards.

The division superintendent shall report annually to the local school board regarding divisionwide ratios of students in average daily membership to full-time equivalent teaching positions. The report shall indicate, among other things, the ratio of regular classroom teachers, excluding resource teachers, to students in average daily membership in each of the grades for all public schools in the division. The ratio of regular classroom teachers, including resource teachers, to students in average daily membership in each of the grades for all public schools in the division shall be indicated separately in the same annual report.

1998, c. 815.

§ 22.1-70.2. Acceptable Internet use policies for public and private schools.

A. Every two years, each local school board shall review, amend if necessary, and approve the school division's acceptable use policy for the Internet. At a minimum, the policy shall contain provisions that (i) are designed to prohibit use by division employees and students of the division's computer equipment and communications services for sending, receiving, viewing, or downloading illegal material via the Internet; (ii) seek to prevent access by students to material that the school division deems to be harmful to juveniles as defined in § 18.2-390; (iii) select a technology for the division's computers having Internet access to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1:1 and obscenity as defined in § 18.2-372; (iv) establish appropriate measures to be taken against persons who violate the policy; and (v) include a component on Internet safety for students that is integrated in a division's instructional program. The policy may include such other terms, conditions, and requirements as deemed appropriate, such as requiring written parental authorization for Internet use by juveniles or differentiating acceptable uses among elementary, middle, and high school students.

Each school division's policy shall be posted on its website in accordance with § 22.1-253.13:7. Additionally, each local school division shall certify compliance with these requirements annually to the Department of Education.

B. The superintendent shall take such steps as he deems appropriate to implement and enforce the division's policy.

C. In addition to the foregoing requirements regarding public school Internet use policies, the principal or other chief administrator of any private school that satisfies the compulsory school attendance law pursuant to § 22.1-254 and accepts federal funds for Internet access shall select a technology for its computers having Internet access to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1:1 and obscenity as defined in § 18.2-372.

D. The Superintendent of Public Instruction shall issue guidelines to school divisions regarding instructional programs related to Internet safety.

1999, c. 64; 2001, c. 269; 2006, cc. 52, 474; 2010, c. 61.

§ 22.1-70.3. (Expires July 1, 2025) Designation of teacher shortage areas.

Each division superintendent shall at least annually, if so requested by the local school board pursuant to subdivision 9 of § 22.1-79, survey the relevant local school division to identify critical shortages of (i) teachers and administrative personnel by subject matter and (ii) school bus drivers and report such critical shortages to the school board, Superintendent of Public Instruction, and to the Virginia Retirement System.

2004, c. 563; 2020, cc. 379, 437.