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Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
034311820Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-2101, 22.1-16.1, 22.1-217.01, 22.1-281, 22.1-346 through 22.1-349, 23-14, and 30-34.5 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-2101. Prohibition against service by legislators on boards, commissions, and councils within the executive branch; exceptions.
Members of the General Assembly shall be ineligible to serve on boards, commissions, and councils within the executive branch of state government who are responsible for administering programs established by the General Assembly. Such prohibition shall not extend to boards, commissions, and councils engaged solely in policy studies or commemorative activities. If any law directs the appointment of any member of the General Assembly to a board, commission, or council in the executive branch of state government that is responsible for administering programs established by the General Assembly, such portion of such law shall be void, and the Governor shall appoint another person from the Commonwealth at large to fill such a position.
The provisions of this section shall not apply to members of the Board for
Branch Pilots, who shall be appointed as provided for in § 54.1-901; to members
of the Board on Veterans' Affairs, who shall be appointed as provided for in §
2.2-2421; to members of the Council on Indians, who shall be appointed as provided
for in § 2.2-2628; to members of the Board of Trustees of the Southwest
Virginia Higher Education Center, who shall be appointed as provided for in §
23-231.3; to members of the Maternal and Child Health Council, who shall be
appointed as provided for in § 2.2-2642; to members of the Virginia Interagency
Coordinating Council who shall be appointed as provided for in § 2.2-5204; to
members of the Advisory Council on the Virginia Business-Education Partnership
Program, who shall be appointed as provided in § 2.2-2600; to members of the
Virginia Correctional Enterprises Advisory Board, who shall be appointed as provided
for in § 53.1-45.3; to members appointed to the Virginia Veterans Cemetery
Board pursuant to § 2.2-2438; to members appointed to the Board of Trustees of
the Roanoke Higher Education Authority pursuant to § 23-231.15; to members of
the Commonwealth Competition Commission, who shall be appointed as provided for
in § 2.2-2621; to members of the Virginia Geographic Information Network
Advisory Board, who shall be appointed as provided for in § 2.2-2423; to
members of the Advisory Commission on the Virginia Schools School for the Deaf
and the Blind, who shall be appointed as provided for in § 22.1-346.1; to
members of the Substance Abuse Services Council, who shall be appointed as provided
for in § 37.1-207; to members of the Criminal Justice Services Board, who shall
be appointed as provided in § 9.1-108; or to members of the Virginia Workforce
Council, who shall be appointed as provided for in § 2.2-2669.
§ 22.1-16.1. Board to establish regulations regarding human research.
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 School 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.
§ 22.1-217.01. Information on educational and other services for students identified as hearing or visually impaired.
The Department of Education shall annually prepare and distribute to local
school boards packets of information describing the educational and other
services available through the Virginia School for the Deaf and the Blind at
Staunton, the Virginia School for the Deaf, Blind and Multi-Disabled at Hampton
, the Virginia Department for the Deaf and Hard-of-Hearing, and the Virginia
Department for the Blind and Vision Impaired to students who are identified as
hearing impaired or visually impaired. Local school boards shall annually
distribute this information to the parents of those students who are identified
as hearing impaired or visually impaired.
§ 22.1-281. Triennial census of school population.
Every three years, at a time to be designated by the Superintendent of Public
Instruction, a census of all persons residing within each school division who,
on or before December 31 immediately following the census, will have reached
their fifth birthday but not their twentieth birthday shall be taken on forms
furnished by the Superintendent of Public Instruction. Such persons who are
domiciled in orphanages or eleemosynary institutions or who are dependents
living on any federal military or naval reservation or other federal property
shall be included in the census for the school division within which the
institution or federal military or naval reservation or other federal property
is located. Such persons who are confined in state hospitals, state training
schools or state training centers for the mentally retarded, each as defined in
§ 37.1-1, or mental institutions, state or federal correctional institutions,
or the Virginia School for the Deaf and the Blind at Staunton, or the Virginia
School for the Deaf, Blind and Multi-Disabled at Hampton shall be included in
the census for the school division within which the parents or guardians of such
person or persons legally reside. If the legal residence of the parents or guardians
of such person is not ascertainable, such parents or guardians shall be deemed
to be legal residents of the school division from which such person was
admitted or committed.
§ 22.1-346. Transfer of property; rights and duties of the Board of Education; supervision of schools; appointment and removal of officers and faculty; certain funding initiatives.
A. All of the real estate and personal property now existing and standing in
the name of the board of visitors of the Virginia School for the Deaf and the
Blind at Staunton and the Virginia School for the Deaf, Blind and
Multi-Disabled at Hampton shall be transferred to and be under the control of
the Board of Education. The Department of General Services shall cooperate with the Board in
supervising the maintenance and repair of the real and personal property of the
schools school.
B. Any gift, grant, devise or bequest made prior to July 1, 1984, to the
Virginia School for the Deaf, Blind and Multi-Disabled at Hampton or the
Virginia School for the Deaf and the Blind at Staunton shall be held by the
Board of Education for the school to which made. The Board of Education shall
have the power to take, hold, receive and enjoy any gift, grant, devise or bequest made
hereafter to the Virginia School for the Deaf and the Blind at Staunton and the
Virginia School for the Deaf, Blind and Multi-Disabled at Hampton. Such gift,
grant, devise or bequest shall be held for the school to which made for uses
and purposes designated by the donor or if not designated for one of the
schools or for a specific purpose, for the general purposes of any
programs in either of the schools at the school. The Board of Education shall
also accept, execute and administer any trust in which it may have an interest under the terms of the instrument
creating the trust.
C. The Board shall be charged with the operational control of the Virginia
School for the Deaf, Blind and Multi-Disabled at Hampton and the Virginia
School for the Deaf and the Blind at Staunton. In exercising this operational
control, the Board shall include, in any budget recommendations to the Governor for state
funding for the several school divisions which may be related to educational technology or
other programs appropriate for implementation within the two schoolsschool,
state funding for such programs to be provided to the Virginia School for the Deaf
and the Blind at Staunton and the Virginia School for the Deaf, Blind and
Multi-Disabled at Hampton. However, the Virginia School for the Deaf and the
Blind at Staunton and the Virginia School for the Deaf, Blind and
Multi-Disabled at Hampton shall not be defined as school divisions a school
division for constitutional purposes. Supervision of the contracts and
agreements of the board of visitors of the Virginia School for the Deaf and the Blind
at Staunton and the Virginia School for the Deaf, Blind and Multi-Disabled at
Hampton are is hereby transferred to the Superintendent of Public Instruction.
The Board shall provide rules and regulations for the governance of the schools
school. The Superintendent of Public Instruction shall administer, supervise
and direct the activities and programs of the schools school pursuant to the
rules and regulations of the Board. The Superintendent of Public Instruction shall appoint the officers and
employees of eachthe school subject to the provisions of Chapter 29 (§ 2.2-2900
et seq.) of Title 2.2.
§ 22.1-346.1. Advisory Commission on the Virginia School for the Deaf and the Blind; membership; powers and duties; compensation; chairman and vice-chairman; staff.
A. There is hereby established the Advisory Commission on the Virginia Schools
School for the Deaf and the Blind, which shall consist of twelve 12
members to be appointed as follows: the Speaker of the House of Delegates
shall appoint five members of the House of Delegates and three citizen members,
and the Senate Committee on Privileges and Elections shall appoint three
members of the Senate of Virginia and one citizen member.
Of the three citizen members so appointed by the Speaker of the House of
Delegates, one shall be a former student of either of the schoolsschool, one
shall be a parent of a sensory-impaired multi-disabled student who is currently
attending or has attended the Virginia School for the Deaf, Blind and
Multi-Disabled at Hamptonschool, and one shall be a current member of the Board
of Education. The citizen member to be appointed by the Senate Committee on Privileges and
Elections shall be a former student of either of the schools school or a parent
of a student who is currently attending or has attended either of the schools
school.
Legislative members shall serve on the Advisory Commission until the expiration
of their terms of office or until their successors shall qualify. Citizen
appointments shall be for terms of four4 years, except that appointments to
fill vacancies shall be for the unexpired terms. No citizen member of the Advisory Commission shall
be eligible to serve for or during more than two2 successive four4-year terms,
but after the expiration of a term of three3 years or less, or after the
expiration of the remainder of a term to which appointed to fill a vacancy, two
additional four4-year terms may be served by such member if appointed
thereto.
B. The Advisory Commission shall (i) monitor the operations of the Virginia
Schools School for the Deaf and the Blind; (ii) advise the Board of
Education and submit recommendations that seek to ensure the maintenance of a high quality and
cost-effective program of study and a safe and nurturing residential environment at
the schools school; and (iii) perform any act or function which is in
accord with the purposes of this section.
C. Legislative members of the Advisory Commission shall receive such compensation as is set forth in § 30-19.12. Such compensation shall be paid from funds appropriated to the General Assembly for such purposes. All members shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the Advisory Commission.
D. The Advisory Commission shall elect a chairman and a vice-chairman from among its members.
E. The Superintendent of Public Instruction shall designate a staff liaison to coordinate the activities of the Advisory Commission. The Advisory Commission shall meet four times per year or upon the request of its chairman or the Board of Education.
§ 22.1-347. Superintendent of Public Instruction to prescribe curricula; School to report; transportation of students.
A. The Superintendent of Public Instruction shall approve the education
programs of the Virginia Schools School for the Deaf and the Blind. The
Virginia Department for the Deaf and Hard-of-Hearing and the Virginia Department for the Blind and
Vision Impaired shall provide consultant services as deemed appropriate by the Superintendent of
Public Instruction.
B. Each of the schools The school shall make an annual report to the
Superintendent of Public Instruction of such requirements and on such forms as prescribed. This report shall
show receipts and disbursements, educational offerings and other pertinent
information pertaining to the general operation of the schools school for each
fiscal year. A synopsis of this report shall be included in the annual report of the Superintendent
of Public Instruction.
C. The Board shall prescribe procedures governing both schools the school for
the transportation of students to permit frequent home visits by students and to provide each student transportation to and
from the school he attends and the place of residence of the child's parent or
guardian whenever the school is officially closed.
§ 22.1-348. Persons eligible; fees; educational programs to be provided; admissions procedures.
A. Persons of ages two2 through twenty-one21 shall be eligible for educational
services provided by the schools. Until July 1, 1993, there shall be no charge
for the education of students, but fees school. Fees for student activities
may be charged at the Board's discretion. Beginning July 1, 1993, the
Department of Education shall be entitled to deduct annually from the
locality's share for the education of pupils with disabilities a sum equal to
the actual local expenditure per pupil in support of those students placed by
the relevant local school division in either the Virginia School for the Deaf
and the Blind at Staunton or the Virginia School for the Deaf, Blind and Multi-Disabled at
Hamptonschool. The amount of the actual transfers shall be based on data
accumulated during the prior school year.
B. From such funds as may be appropriated, the Virginia School for the Deaf and
the Blind at Staunton shall provide an educational program for children in
preschool through grade twelve 12 who are deaf, an educational program for
children in preschool through grade twelve 12 who are blind, an educational
program for children in preschool through grade 12 with sensory-impaired multiple
disabilities, and an educational program for children in preschool
through grade twelve 12 who have visual and sensory disabilities and who are
identified as emotionally disturbed pursuant to Board of Education regulations.
The Virginia School for the Deaf, Blind and Multi-Disabled at Hampton
shall provide an educational program for children in preschool through grade
twelve who are deaf, an educational program for children in
preschool through grade twelve who are blind, and an educational program for
children in preschool through grade twelve with sensory-impaired multiple
disabilities.
The preschool programs may be residential or nonresidential or both at the discretion of the Board. The Board, from time to time, may approve additional programs as may be appropriate.
"Sensory-impaired multiple disabilities" means, for the purposes of this
section and the identification of the program at the Virginia School for the
Deaf, Blind and Multi-Disabled at Hamptonschool, concomitant impairments,
including at least one significant sensory impairment, the combination of which requires
services that cannot be provided in special education programs designed solely
for one impairment. The term does not include deaf-blindness.
C. Students with sensory-impaired multiple disabilities shall attend the
Virginia School for the Deaf, Blind and Multi-Disabled at Hampton.
The Board shall prescribe procedures and criteria for determining admission to
and the appropriate placement in the Virginia School for the Deaf, Blind and
Multi-Disabled at Hampton and the Virginia School for the Deaf and the Blind at
Staunton. The appropriateness of the placement of each student attending either
school shall be reviewed at least annually.
§ 22.1-349. Terms of employment of teachers.
For the purpose of retirement and other statutory benefits, teachers employed
as full-time instructional personnel shall be deemed to be full-time state
personnel and shall receive the same benefits as are accorded all other
full-time state personnel. The Board of Education shall require the teachers at
the Virginia Schools School for the Deaf and the Blind to comply with the
provisions of §§ 22.1-298, 22.1-299, and 22.1-303. Contracts for the employment
of teachers shall be in the form prescribed by the Board of Education. In cases of
nonrenewal of contracts of probationary teachers, the decisions shall be appealable to
the Superintendent of Public Instruction. For all other purposes, the Virginia
Personnel Act (§ 2.2-2900 et seq.) shall apply to the teachers of the Virginia
Schools School for the Deaf and the Blind.
The Department of Human Resource Management shall establish salary schedules
for all professional personnel whichthat are competitive with those in effect
for the school divisions in which the facility is located.
§ 23-14. Certain educational institutions declared governmental instrumentalities; powers vested in majority of members of board.
The College of William and Mary in Virginia, at Williamsburg; the rector and
visitors of Christopher Newport University, at Newport News; Longwood
University, at Farmville; the Mary Washington College, at Fredericksburg;
George Mason University, at Fairfax; the James Madison University, at
Harrisonburg; Old Dominion University, at Norfolk; the State Board for
Community Colleges, at Richmond; the Virginia Commonwealth University, at
Richmond; the Radford University, at Radford; the Roanoke Higher Education
Authority and Center; the rector and visitors of the University of Virginia, at
Charlottesville; the University of Virginia's College at Wise; the Virginia
Military Institute, at Lexington; the Virginia Polytechnic Institute and State
University, at Blacksburg; the Virginia Schools School for the Deaf and the
Blind; the Virginia State University, at Petersburg; Norfolk State University, at Norfolk; the
Woodrow Wilson Rehabilitation Center, at Fishersville; the Eastern Virginia Medical School; and the
Southwest Virginia Higher Education Center are hereby classified as educational
institutions and are declared to be public bodies and constituted as
governmental instrumentalities for the dissemination of education. The powers
of every such institution derived directly or indirectly from this chapter
shall be vested in and exercised by a majority of the members of its board, and
a majority of such board shall be a quorum for the transaction of any business
authorized by this chapter. Wherever the word "board" is used in this chapter,
it shall be deemed to include the members of a governing body designated by
another title.
§ 30-34.5. Printing and distribution of Acts of Assembly.
A. The Commission shall, within forty-five days following the adjournment of the General Assembly sine die, send to each requesting member of the General Assembly a copy of each Act of Assembly signed by the Governor or if otherwise enacted into law, in the form in which it is signed by the Governor or otherwise enacted into law. Each act so sent shall be clearly denominated with the House of Delegates or the Senate bill number assigned to it by the respective houses of the General Assembly.
B. The Commission shall also requisition, through the Division of Legislative Automated Systems, as soon as approved by the Governor, not in excess of 5,000 copies of the acts and joint resolutions of the General Assembly. These it shall have bound in ordinary half binding, with the index and tables required by law to be printed with the acts and joint resolutions of the General Assembly, and as soon as practicable after the close of each session of the General Assembly, shall deliver by mail, express or otherwise, if requested pursuant to § 30-34.4:1:
1. One copy to the Governor; and such additional copies as may be requested for use in the Governor's office;
2. One copy to each of the Governor's secretaries;
3. One copy to each head of department; each division of the Governor's office, the Commissioner of the Virginia Workers' Compensation Commission, the Employment Commission and the Department of Motor Vehicles, the Director of the Department of Game and Inland Fisheries and the Executive Secretary of the Compensation Board and the Director of the Virginia Retirement System;
4. As many copies to the Division of Legislative Services as may be required by the Division for its use or for exchange with other states;
5. One copy to each member of the General Assembly; however, up to four additional copies may be obtained upon application to the Division of Legislative Automated Systems;
6. One copy to the Lieutenant Governor;
7. One copy to each judge;
8. Five copies to the State Corporation Commission;
9. Twenty-five copies to the Attorney General;
10. One copy to the reporter of the Supreme Court, the Executive Secretary of the Supreme Court, and each clerk of any court, attorney for the Commonwealth, Commissioner of the Revenue, Treasurer, public library, school board, judge and clerk of any court held in this Commonwealth under the laws of the United States and each attorney and marshal in this Commonwealth holding office under the United States;
11. One copy to the city manager of a city, the mayor of a town and the county administrator, manager or executive depending on the county's form of government; however, an additional copy for use within the city, town or county may be obtained upon application to the Division of Legislative Automated Systems;
12. Five copies to The Library of Virginia;
13. Five copies to the State Law Library;
14. One copy to the head of each university and college in this Commonwealth;
15. One copy to the library of each university and college in this Commonwealth;
16. One copy each to the Schools School for the Deaf and the Blind;
17. Five copies to the Clerk of the Senate for the use of the Senate;
18. Ten copies to the Clerk of the House of Delegates for the use of the House;
19. Three copies to the Auditor of Public Accounts;
20. Three additional copies to the Comptroller;
21. One copy to the county attorney in those counties which have created the office of the county attorney;
22. One copy to the Joint Legislative Audit and Review Commission;
23. One copy to the Committee on Appropriations of the House of Delegates;
24. One copy to the Committee on Finance of the Senate; and
25. One copy to the Division of Legislative Automated Systems.
2. That the Board of Education shall coordinate with the board of visitors of the Virginia School for the Deaf and the Blind at Staunton, the board of visitors of the Virginia School for the Deaf, Blind, and Multi-Disabled at Hampton, and the Advisory Commission on the Virginia Schools for the Deaf and the Blind to effectuate the closure of the School at Hampton and the transfer of students, programs, and services to the School at Staunton by the commencement of the 2003-2004 school year.
The members of the Advisory Commission on the Virginia Schools for the Deaf and the Blind appointed and currently serving who are the parents of students who are attending or have attended the School at Hampton or who are former students of either school shall complete such term. For purposes of future appointments to the Advisory Commission for positions for students or parents of students who have attended the School, "School" shall be construed to include the School at Hampton.