<em><a>Must a school board give individual notice of school board meetings to someone who requests such notice?</a></em>

Yes.  The Freedom of Information Act (FOIA) specifically recognizes that any person may file a written request for direct, individual notification of all school board meetings.  Such a request must be renewed annually and should include the requester’s name,  address, zip code, daytime phone number, email address (if available) and organization (if any).  Va. Code § 2.2-3707.E.

<em><a>Can there be a student member of our school board?</a></em>

School boards may have student representatives.  Student representatives are not members of the school board.  They cannot vote; they serve in an advisory capacity.  Whether or not to have student representatives is a local decision.  Each school board may decide whether or not to have student representatives.  If a board does decide to have student representatives, the board decides how the student representatives are chosen and how long each representative serves.  Va. Code § 22.1-86.1. VSBA Policy BBBB.

<em><a>Is the superintendent’s contract a public document?</a></em>

Yes.  In fact, contracts of all public employees who earn over $10,000 per year are public documents. Va. Code § 2.2-3705.8.

<em><a>Do parents have a legal right to opt their students out of taking high-stakes tests?</a></em>

Not in Virginia.  State law in some states does give parents a right to decide that their students will not take the state’s high-stakes tests, but there is no similar law in Virginia.  Students need to take SOL assessments to receive verified credits in order to graduate.  In addition, the No Child Left Behind Act (NCLB) requires that 95% of enrolled students must take SOL assessments in order for the school and division to make Annual Yearly Progress (AYP).  Although some parts of NCLB have been waived, that part has not.  Thus, any school in which 5 or more per cent of the students do not take required SOL tests will fail to make AYP regardless of how well the students who do take the test perform.  The failure to make AYP leads to serious sanctions which impact every student in the division.

<em><a>How does a special meeting get called?</a></em>

It’s a local decision.  School boards which have adopted VSBA sample policy BDB Special School Board Meetings hold special meetings when called by the chair or by two or more school board members. That policy also provides that special meetings may be held as long as each board member is notified or a reasonable attempt has been made to notify each member.  Notice of a special meeting must be given to the public at the same time notice is given to the school board members.

<em><a>Do the records retention rules apply to social media posts?</a></em>

Posts made or received in connection with a school board’s business are public records. As is the case for email, the retention period is determined based on the content of the message, not the format. Thus, the same retention period applies to social media posts that would apply if the information was distributed via letter or email. Each school board determines how it will retain posts that are under its control. When the board does not have control of the post (such as is the case for Facebook or Twitter) the board needs to determine what records it can retain, such as confirmations of each posting or screenshots. Each school board, or its records officer(s), should consider these issues when it reviews contracts with social networking sites and the settings configuration for each social networking account.

<em><a>What happens if neither the chair nor the vice-chair can be present at a meeting?</a></em>

The school board members who are present at the meeting select another board member to chair the meeting.

<em><a>When must school board members file their Statements of Economic Interest?</a></em>

Each board member (except those in towns with a population of less than 3,500) must file a Statement of Economic Interest “as a condition of taking office” and thereafter annually on or before February 1.  Va. Code § 2.2-3115. The completed forms are public records and must be maintained in the office of the school board clerk for five years. As a practical matter, it is a good idea for each school board member to keep a copy of each Statement to make it easier to update the form for the next filing.

<em><a>What happens when a school board’s vote ends in a tie?</a></em>

It depends on a couple of things. First, if a tie vote occurs when all board members are not present, the question is passed by until the next meeting. If there is still a tie vote at the next meeting, or if there is a tie vote when all the members of the board are present, the procedure depends on whether or not the board has a tie breaker. If the board does have a tie breaker, the clerk immediately notifies the tie breaker and asks the tie breaker to attend the meeting in order to vote to break the tie. If the tie breaker cannot attend that meeting, a date for a future meeting will be set. If the tie breaker needs time to become fully informed on the issue involved in the vote, the tie breaker is entitled to delay the vote. When the tie breaker votes, the tie is broken and the matter is decided in accordance with his vote. If the board does not have a tie breaker, the motion on which the vote is taken fails.

<em><a>Who administers the oath of office to school board members?</a></em>

The oath of office may be administered to school board members by the clerk of the circuit court or by any judge.

<em><a>Can our school board hold its organizational meeting in June?</a></em>

No. Virginia law specifies that school boards can hold their organizational meetings, at which the board’s meeting schedule is established and at which the chair, vice chair, clerk and deputy clerk are chosen, in either July or January. Although some boards would like to hold the organizational meeting early (in June or December), the law does not permit this.

<em><a>How does an elected school board fill a vacancy on the board?</a></em>

The procedure for filling vacancies on an elected school board is specified in the Code of Virginia. Filling a vacancy is a two-step process. The first step is to fill the vacancy on an interim basis. The second step is for the vacancy to be filled for the remainder of the term by a special election. The procedure for filling the vacancy on an interim basis is stated in Va. Code § 24.2-228. The remaining members of the board are permitted (but not required) to appoint someone to fill the vacancy. The person they appoint must be a qualified voter of the election district (if any) in which the vacancy exists. The person so appointed will serve until the seat is filled by a special election. If the school board is going to make an interim appointment, it must do so within 45 days of the vacancy.

The special election is ordered by the local circuit court pursuant to Va. Code § 24.2-226. The school board’s only responsibility with regard to the special election is to give the court notice of the vacancy. The school board must give notice of the vacancy to the circuit court within 15 days of the vacancy.

<em><a>Can my board hire close family members of a board member?</a></em>

Maybe. Virginia law permits school boards to hire close family members of board members in some circumstances. Whenever a board is considering hiring a family member of a board member, it needs to determine whether the specific circumstance is one in which the board is permitted to hire the family member.  Until July 1, 2018, two different sets of rules applied, depending on which Planning Division a school division was located in. After that date, the same rules apply in all divisions.

<em><a>May the board vote on the superintendent’s contract in closed session?</a></em>

No. In fact, the board cannot vote on anything in closed session. Va. Code 2.2-3710.

<em><a>How many copies of the school board’s policy manual must be maintained?</a></em>

At one time, Virginia law required each school board to maintain copies of the school board policy manual in each school and in every public library in the division. Now, however, the law requires that a current copy of all division policies and regulations must be posted on the division’s website and available to employees and the public. School boards must ensure that printed copies of policies and regulations are available as needed for people who do not have online access.

<em><a>Are school divisions required to accept applications for charter schools?</a></em>

Yes. When Virginia’s charter school law was first enacted, each division was permitted to decide whether or not to accept applications for charter schools. The law has been changed to require every division to accept applications for charter schools.

<em><a>Are draft minutes public records?</a></em>

Yes. Draft copies of minutes are public records and must be produced upon request.

<em><a>How often must teachers be evaluated?</a></em>

Teachers who have not achieved continuing contract status must be evaluated every year. In addition, teachers in the first year of their probationary period must be evaluated informally at least once during the first semester of the school year. Teachers who have achieved continuing contract status must be formally evaluated at least once every three years and more often as deemed necessary by the principal. In addition, they must be informally evaluated during every year in which they are not formally evaluated.

<em><a>Is the board required to take action to hire part-time employees?</a></em>

Yes. The board has the responsibility to hire all employees, regardless of whether they are full-time or part-time.

<em><a>Do we have to give notice of a meeting if the only item on the agenda will be a closed session?</a></em>

Yes.  The board must meet in open session and vote to go into closed session.  In addition, every closed session must be followed by a certification in open session.  Boards cannot hold “stand alone” closed sessions.

<a>How do I get an item on a meeting agenda?</a>

Each school board establishes its own process for creating meeting agendas.  In divisions which have adopted VSBA Policy BDDC Agenda Preparation and Dissemination, the school board chair prepares the agenda with the assistance of the superintendent.  Any member of the board may submit items for inclusion on the agenda.

<a>Is a school board employee who, in his or her professional capacity, has reason to suspect that a child is an abused or neglected child, required to report the matter to the local department of social services?</a>

A school board employee who has reason to suspect that a child is abused or neglected is required to immediately report the matter to either the department of social services or to the employee’s supervisor, who must make the report.  If the employee reports the matter to his or her supervisor instead of to the department of social services, the supervisor must 1) notify the employee when the report is made to the department of social services, 2) notify the employee of the name of the person receiving the report and 3) forward any communication resulting from the report, including any information about any actions taken regarding the report to the person who made the initial report. Va. Code § 63.2-1509; VSBA Policy GAE/JHG Child Abuse and Neglect Reporting.

<a>May the school board elect its chair and vice-chair by written ballot at its reorganizational meeting?</a>

No. In fact, school boards may not vote by written ballot on any issue.  Va. Code § 2.2-3710.

<a>When does a newly-enacted statute go into effect?</a>

The general rule is that new laws passed by the General Assembly go into effect on July 1 following their passage. Occasionally the General Assembly will determine that special circumstances require an individual law to go into effect immediately.  When a law goes into effect immediately upon, the bill clearly reflects that. When a bill posted on the Legislative Information System website is marked [EE1] “approved”, that means it has been approved by the Governor, not that it goes into effect immediately.

<a>When does a school board member who is elected at a special election begin serving on the board?</a>

As soon as they qualify. Thus, for example, someone who is elected at a special election held in November will normally begin their service as a school board member before the beginning of the next calendar year.

<a>Must the superintendent file a Statement of Economic Interests?</a>

This is a local decision; each school board decides which staff members must file the Statement. The completed forms are public records and must be maintained in the office of the school board clerk for five years.

<a>May a school board member who was not present at a meeting vote to approve the minutes of that meeting?</a>

Yes. Roberts Rules of Order states that a member’s absence from the meeting for which minutes are being approved does not prevent that member from voting on the minutes.

<a>Can a school board have a Discipline Committee composed of fewer than 3 school board members?</a>

No. If a school board opts to delegate the responsibility for expulsion hearings to a committee of the board, the law requires that the committee must be comprised of at least three school board members. Va, Code § 22.1-277.06

<a>May a school board member who is participating in a board meeting electronically from a remote location vote?</a>

Yes. Whenever a school board member participates in a meeting from a remote location, the board must arrange for the voice of the member participating remotely to be heard by everyone assembled at the meeting. Thus, everyone at the meeting will be able to hear how the member who is participating electronically votes

<a>If a school board member leaves his or her position before the end of the term, is the school board required to fill the vacancy on interim basis until a special election can be held to fill the seat for the remainder of the term?</a>

No. School boards are permitted, but not required, to fill vacancies on an interim basis. At one time the law required school boards to make interim appointments to fill vacancies. However, the law was changed in 2010 to give boards the option of filling the seat, or not.

<a>How much notice must be given for a special meeting?</a>

Unlike the notice requirement for regular board meetings, Virginia law requires only that notice which is “reasonable under the circumstances” be given before a special meeting.

<a>Does FERPA permit parents to have a student’s suspension expunged from his/her record?</a>

FERPA gives parents and eligible students the right to challenge information in student records that they think is inaccurate, misleading, or in violation of the student’s privacy. If the school division determines that the information is not inaccurate, misleading, or in violation of the student’s privacy rights, it is not required to change or remove the information. If the school division determines that the information is not inaccurate, misleading, or in violation of the student’s privacy rights, it must notify the parents or eligible student that they can place a statement in the student’s record commenting on the challenged information.

<a>May students and employees of a school board obtain records pursuant to FOIA?</a>

Yes, FOIA permits any citizen of Virginia to obtain public records. Thus, students and school board employees can request records pursuant to FOIA.  The purposes for which the records are requested are irrelevant.