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2023 SESSION
23105323DBe it enacted by the General Assembly of Virginia:
1. That § 22.1-79 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-79. Powers and duties.
A Each 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 about the conduct of the public schools in the school division and take care that they are conducted according to law and with the utmost efficiency;
3. Care for, manage, and control the property of the school division and provide for the erecting, furnishing, equipping, and noninstructional operating of necessary school buildings and appurtenances and the maintenance thereof by purchase, lease, or other contracts;
4. Provide for the consolidation of schools or redistricting of school boundaries or adopt pupil assignment plans whenever such procedure will contribute to the efficiency of the school division;
5. Insofar as not inconsistent with state statutes and
regulations of the Board of Education, operate and maintain the public
schools in the school division and determine the length of the school term, the
studies to be pursued, the methods of teaching, and the government to be
employed in the schools;
6. In instances in which no grievance procedure has been
adopted prior to January 1, 1991, establish and administer by July 1, 1992, a
grievance procedure for all school board employees, except the division
superintendent and those employees covered under the provisions of Article 2 (§
22.1-293 et seq.) and Article 3 (§ 22.1-306 et seq.) of Chapter 15 of this
title, who have completed such probationary period as may be required by
the school board, not to exceed 18 months. The grievance procedure shall afford
a timely and fair method of the resolution of disputes arising between the
school board and such employees regarding dismissal or other disciplinary
actions, excluding suspensions, and shall be consistent with the provisions of
the Board of Education's Board's procedures for adjusting
grievances. Except in the case of dismissal, suspension, or other disciplinary
action, the grievance procedure prescribed by the Board of Education
pursuant to § 22.1-308 shall apply to all full-time employees of a school
board, except supervisory employees;
7. Perform such other duties as shall be prescribed by the
Board of Education or as are imposed by law;
8. Obtain public comment through a public hearing not less
than 10 days after reasonable notice to the public in a newspaper of general
circulation in the school division prior to providing (i) for the consolidation
of schools; (ii) the transfer from the public school system of the
administration of all instructional services for any public school classroom or
all noninstructional services in the school division pursuant to a contract
with any private entity or organization; or (iii) in school divisions having
15,000 pupils or more in average daily membership, for redistricting of school
boundaries or adopting any pupil assignment plan affecting the assignment of 15
percent or more of the pupils in average daily membership in the affected
school. Such public hearing may be held at the same time and place as the
meeting of the school board at which the proposed action is taken if the public
hearing is held before the action is taken. If a public hearing has been held
prior to the effective date of this provision on a proposed consolidation,
redistricting, or pupil assignment plan which that is to
be implemented after the effective date of this provision, an additional public
hearing shall not be required;
9. (Expires July 1, 2025) At least annually, survey the 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 Superintendent of Public Instruction and to
the Virginia Retirement System; however, the school board may request the
division superintendent to conduct such survey and submit such report to the
school board, the Superintendent, and the Virginia Retirement System; and
10. Ensure that the public schools within the school division are registered with the Department of State Police to receive from the State Police electronic notice of the registration, reregistration, or verification of registration information of any person required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 within that school division pursuant to § 9.1-914; and
11. Ensure that at any back to school night event in the
local school division to which the parents of enrolled students are invited,
any such parent in attendance receives prominent notification of and access, in
paper or electronic form, or both, to information about application and
eligibility for free or reduced price meals for students and a fillable free or
reduced price meals application that may be completed and submitted on site. [
Each school board is encouraged to provide to each parent who attends a
parent-teacher conference in the local school division prominent notification
of and access, in paper or electronic form, or both, to information about
application and eligibility for free or reduced price meals for students and a
fillable free or reduced price meals application that may be completed and
submitted on site during or after such conference. ]