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1994 SESSION


CHAPTER 758
An Act to amend and reenact § 2.1-639.16 of the Code of Virginia, relating to conflicts of interest; teachers.
[H 620]
Approved April 11, 1994

Be it enacted by the General Assembly of Virginia:

1. That § 2.1-639.16 of the Code of Virginia is amended and reenacted as follows:

§ 2.1-639.16. Additional provisions applicable to school boards, and employees of school boards.

Notwithstanding any other provision of this chapter, it shall be unlawful for the school board of any county or city or of any town constituting a separate school division to employ or pay any teacher or other school board employee from the public funds, federal, state or local, or for a division superintendent to recommend to the school board the employment of any teacher or other employee, if the teacher or other employee is the father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, sister-in-law or brother-in-law of the superintendent, or of any member of the school board.

This section shall apply to any person employed by any school board in the operation of the public free school system, adult education programs or any other program maintained and operated by a local county, city or town school board.

This section shall not apply to any person within such relationship who has been (i) regularly employed pursuant to a written contract with a school board or (ii) employed as a substitute teacher or teacher's aide by any a school board prior to the taking of office of any member of such board or division superintendent of schools, or (ii) who has been regularly employed pursuant to a written contract with a school board or employed as a substitute teacher or teacher's aide by any a school board prior to the inception of such relationship. A person employed as a substitute teacher may not be employed to any greater extent than he was employed by the school board in the last full school year prior to the taking of office of such board member or division superintendent or to the inception of such relationship. The exception in this paragraph shall apply only if the prior employment has been in the same school division where the employee and the superintendent or school board member now seek to serve simultaneously.

If any member of the school board or any division superintendent knowingly violates these provisions, he shall be personally liable to refund to the local treasury any amounts paid in violation of this law, and the funds shall be recovered from the individual by action or suit in the name of the Commonwealth on the petition of the attorney for the Commonwealth. Recovered funds shall be paid into the local treasury for the use of the public schools.

2. That the provisions of this act shall be applied prospectively from the effective date hereof.