22.1-79 - Powers and duties.

§ 22.1-79. Powers and duties.

A school board shall:

1. See that the school laws are properly explained, enforced and observed;

2. Secure, by visitation or otherwise, as full information as possible aboutthe conduct of the public schools in the school division and take care thatthey are conducted according to law and with the utmost efficiency;

3. Care for, manage and control the property of the school division andprovide for the erecting, furnishing, equipping, and noninstructionaloperating of necessary school buildings and appurtenances and the maintenancethereof by purchase, lease, or other contracts;

4. Provide for the consolidation of schools or redistricting of schoolboundaries or adopt pupil assignment plans whenever such procedure willcontribute to the efficiency of the school division;

5. Insofar as not inconsistent with state statutes and regulations of theBoard of Education, operate and maintain the public schools in the schooldivision and determine the length of the school term, the studies to bepursued, the methods of teaching and the government to be employed in theschools;

6. In instances in which no grievance procedure has been adopted prior toJanuary 1, 1991, establish and administer by July 1, 1992, a grievanceprocedure for all school board employees, except the division superintendentand those employees covered under the provisions of Article 2 (§ 22.1-293 etseq.) and Article 3 (§ 22.1-306 et seq.) of Chapter 15 of this title, whohave completed such probationary period as may be required by the schoolboard, not to exceed 18 months. The grievance procedure shall afford a timelyand fair method of the resolution of disputes arising between the schoolboard and such employees regarding dismissal or other disciplinary actions,excluding suspensions, and shall be consistent with the provisions of theBoard of Education's procedures for adjusting grievances, except that thereshall be no right to a hearing before a fact-finding panel. Except in thecase of dismissal, suspension, or other disciplinary action, the grievanceprocedure prescribed by the Board of Education pursuant to § 22.1-308 shallapply to all full-time employees of a school board, except supervisoryemployees;

7. Perform such other duties as shall be prescribed by the Board of Educationor as are imposed by law;

8. Obtain public comment through a public hearing not less than 10 days afterreasonable notice to the public in a newspaper of general circulation in theschool division prior to providing (i) for the consolidation of schools; (ii)the transfer from the public school system of the administration of allinstructional services for any public school classroom or allnoninstructional services in the school division pursuant to a contract withany private entity or organization; or (iii) in school divisions having15,000 pupils or more in average daily membership, for redistricting ofschool boundaries or adopting any pupil assignment plan affecting theassignment of 15 percent or more of the pupils in average daily membership inthe affected school. Such public hearing may be held at the same time andplace as the meeting of the school board at which the proposed action istaken if the public hearing is held before the action is taken. If a publichearing has been held prior to the effective date of this provision on aproposed consolidation, redistricting or pupil assignment plan which is to beimplemented after the effective date of this provision, an additional publichearing shall not be required;

9. (Expires July 1, 2015) At least annually, survey the school division toidentify critical shortages of teachers and administrative personnel bysubject matter, and report such critical shortages to the Superintendent ofPublic Instruction and to the Virginia Retirement System; however, the schoolboard may request the division superintendent to conduct such survey andsubmit such report to the school board, the Superintendent, and the VirginiaRetirement System; and

10. Ensure that the public schools within the school division are registeredwith the Department of State Police to receive from the State Policeelectronic notice of the registration or reregistration of any sex offenderwithin that school division pursuant to § 9.1-914.

(Code 1950, §§ 22-72, 22-97; 1954, cc. 289, 291; 1956, Ex. Sess., c. 60;1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1968, c. 501; 1970, c. 71; 1971,Ex. Sess., c. 161; 1972, c. 511; 1975, cc. 308, 328; 1980, c. 559; 1985, c.8; 1987, c. 402; 1991, cc. 553, 668; 1994, c. 596; 1996, cc. 485, 790, 798;1997, c. 382; 2004, c. 563; 2006, cc. 857, 914; 2009, c. 459.)