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This
information is provided as a resource.
Contents are informational and not intended
as legal advice. |
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Please
note:
The links below will direct you to a site
that is not maintained by the
Virginia Department of Education.
If you experience problems accessing the opinions,
please try upgrading your browser to the latest
version or
using an alternate browser. |
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| 2003 |
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03-083
CRIMES AND OFFENSES GENERALLY: CRIMES INVOLVING
HEALTH AND SAFETY – OTHER ILLEGAL WEAPONS
EDUCATION: PUPILS – DISCIPLINE_GENERAL
POWERS AND DUTIES OF SCHOOL BOARDS_SCHOOL
BOARDS; SELECTION, QUALIFICATION & SALARIES.
CONSTITUTION OF VIRGINIA: EDUCATION (SCHOOL
BOARDS).
Authority for school board to discipline student
who possesses unloaded firearm in locked vehicle
trunk on school property or at school-sponsored
activity. |
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02-097
EDUCATION: SCHOOL BOARDS; SELECTION, QUALIFICATION
& SALARIES — GENERAL POWERS AND
DUTIES OF SCHOOL BOARDS
Authority for school board to remove books
from public school library for reasons such
as pervasive vulgarity, educational unsuitability,
or age inappropriateness; decision requires
school board to make factual determination. |
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| 2002 |
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02-106
PROFESSIONS AND OCCUPATIONS: MEDICINE AND
OTHER HEALING ARTS [SCHOOL COACHES AND FIRST
AID]
School division coaches and other
school personnel may render first aid to
students when necessary. Unless such persons
are certified athletic trainers, they may
not employ physical modalities or tape students’
ankles or wrists in order to prevent or
treat injuries or other physical conditions.
Certified athletic trainers are responsible
for actions of noncertified individuals
acting under their supervision and direction;
must ensure that such individuals do not
perform functions requiring professional
judgment or discretion of certified athletic
trainers. School board that fails to hire
certified athletic trainer is entitled to
absolute sovereign immunity. Absent gross
negligence, school board employees may be
entitled to sovereign immunity for failure
to hire certified athletic trainer. |
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02-119
PROFESSIONS AND OCCUPATIONS: MEDICINE AND
OTHER HEALING ARTS
MENTAL HEALTH GENERALLY: SUBSTANCE ABUSE SERVICES
Parent may consent to drug testing for minor
child and obtain results of nondiagnostic
drug testing performed on minor child not
receiving treatment for substance abuse. |
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02-089
COUNTIES, CITIES AND TOWNS: DILLON RULE
Fairfax County School Board has no authority
to add sexual orientation as category in its
nondiscrimination policy, absent enabling
legislation. |
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02-099
EDUCATION: SCHOOL BOARDS; SELECTION, QUALIFICATION
& SALARIES
Authority for Chesapeake School Board, based
on population count, to increase annual salary
of its members to maximum paid to city council
members, and annual salary of its chairman
to maximum paid to city mayor, upon passage
of motion in 2003 approving specific salaries
of $25,000 and $27,000, respectively. July
1, 2004, is earliest date that such salary
increases may be effective. |
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02-035
EDUCATION: BOARD OF EDUCATION — TEACHERS,
OFFICERS AND EMPLOYEES
Transference of authority for teacher licensure
from Board of Education to independent licensure
board is inconsistent with constitutional
mandate charging Board with general supervision
of Commonwealth’s school system. |
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02-071
MOTOR VEHICLES: MOTOR VEHICLE AND EQUIPMENT
SAFETY – CHILD RESTRAINT DEVICES
Whether a "bus" is exempt from requirements
of child restraint device for transporting
children in motor vehicles and whether the
interior design of a vehicle or the weight
and size of a child makes it "impractical"
for the child to be placed in a child restraint
device is a factual question. Words are to
be given their usual and ordinary meaning.
Significantly, the 2002 Session of the General
Assembly did not change the types of vehicles
that were exempt from child restraint device
requirements. |
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| 2001 |
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00-111
CRIMES AND OFFENSES GENERALLY: CRIMES AGAINST
THE PERSON – CRIMINAL SEXUAL ASSAULT
WELFARE (SOCIAL SERVICES):
CHILD ABUSE AND NEGLECT
Duty of teacher or other school administrator
who suspects (1) that 18-year-old student
is having sexual relationship with 13- or
14-year-old student, or (2) that two students,
who are minors and whose age difference
falls within purview of § 18.2-63,
are engaging in sexual conduct, to report
knowledge of such activity to local department
of social services for investigation. |
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01-095
TAXATION: MISCELLANEOUS TAXES – CONSUMER
UTILITY TAXES
Town that is not separate school district
and that imposed tax on town consumers of
local cellular telecommunication service after
January 1, 2000, has no authority to impose
such tax. |
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01-089
CRIMINAL PROCEDURE: CONSERVATORS OF THE PEACE
AND SPECIAL POLICEMEN
COUNTIES, CITIES AND TOWNS: POLICE AND PUBLIC
ORDER – SPECIAL POLICE OFFICERS IN LOCALITIES
Law-enforcement officer conducting search
as conservator of peace with special police
powers acts in law-enforcement capacity seeking
evidence of crime and must meet standard of
probable cause of arrest to justify search.
School searches conducted by school safety
officer as school official must be reasonably
based on individualized suspicion of wrongdoing;
searches conducted by school safety officer
as conservator of peace must be assessed in
terms of probable cause. |
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01-075
CONSTITUTION OF VIRGINIA: LOCAL GOVERNMENT
(SALE OF PROPERTY AND GRANTING OF FRANCHISES
BY CITIES AND TOWNS)
COUNTIES, CITIES AND TOWNS: FRANCHISES, PUBLIC
PROPERTY, UTILITIES
EDUCATION: SCHOOL PROPERTY
Buildings owned and used as schools by City
of Hopewell are "public places"
that may not be sold without recorded three-fourths
affirmative vote of all members elected to
city council. |
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01-008
EDUCATION: SCHOOL DIVISIONS, JOINT SCHOOLS
AND CONTRACTS BETWEEN SCHOOL DIVISIONS
COUNTIES, CITIES AND TOWNS:
JOINT ACTIONS BY LOCALITIES — TRANSITION
OF CITY TO TOWN STATUS — CONSOLIDATION
OF LOCALITIES
State school funding continues to be distributed
to localities operating school system resulting
from consolidation of separate systems only
when such funds have been distributed to each
locality prior to consolidation of governmental
program or function. Joint school system operated
by county and city and two school boards pursuant
to written agreement did not result from consolidation
of two separate systems. Consolidation will
occur upon transition of city to town status,
and current state school funding distribution
will continue, in accordance with statutory
schedule. |
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| 2000 |
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00-090
COUNTIES, CITIES AND TOWNS: FRANCHISES, PUBLIC
PROPERTY, UTILITIES
CONSTITUTION OF VIRGINIA:
LOCAL GOVERNMENT — EDUCATION
Buildings owned and used as schools by City
of Hopewell are "public places"
that may not be sold without recorded three-fourths
affirmative vote of all members elected to
city council. |
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00-075
EDUCATION: BOARD OF EDUCATION — STANDARDS
OF QUALITY
Board of Education, and not Attorney General,
has been delegated authority to determine
whether Virginia law permits enrolled, full-time
public school student to transfer credit for
courses completed outside public school system
that offers similar courses. |
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00-042
EDUCATION: SCHOOL BOARDS; SELECTION, ETC
ADMINISTRATION OF GOVERNMENT
GENERALLY: VIRGINIA FREEDOM OF INFORMATION
ACT
Exemption from Act’s open meeting requirement
is not available to elected school board to
discuss performance and other related matters
of individual board members. |
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00-049
EDUCATION: PUPILS
COURTS NOT OF RECORD: JUVENILE
AND DOMESTIC RELATIONS DISTRICT COURTS –
CONFIDENTIALITY AND EXPUNGEMENT
Local law-enforcement authorities may report
to principal of local public school or his
designee any offense committed by student,
which would be felony if committed by adult
or adult misdemeanor involving incidents occurring
on school bus, school property, or at school
sponsored activity. Sharing of such reports
is discretionary and not mandatory. |
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00-002
EDUCATION: POWERS AND DUTIES OF SCHOOL BOARDS
As opposed to prayer conducted in public school
context, opening sessions of legislative and
other deliberative public bodies with prayer
is deeply embedded in history and tradition
of this country, does not present danger of
establishing religion, and is therefore constitutional.
Audience to which prayer is directed consists
of adults who presumably are not susceptible
to religious indoctrination or peer pressure.
School board meeting is meeting of adults
with official business and policymaking duties;
does not warrant constitutional scrutiny that
official public school function would warrant
with regard to conducting prayer. Local school
board may open meetings with prayer. |
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99-101
EDUCATION: SYSTEM OF PUBLIC SCHOOLS; GENERAL
PROVISIONS — PROGRAMS, COURSES OF INSTRUCTION,
ETC. — BOARD OF EDUCATION — PUPILS
– DISCIPLINE
CONSTITUTION OF VIRGINIA:
EDUCATION
Fairfax County School Board lacks authority
to require parents to pay for testing and
treatment program as condition to granting
excused absences to pupils suspended for substance
abuse. Board of Education may not authorize
local school board to establish program that
conditions suspended student’s participation
in program on parents’ payment of costs
of participation. |
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99-102
MOTOR VEHICLES: MOTOR VEHICLE AND EQUIPMENT
SAFETY – CHILD RESTRAINTS
EDUCATION: PUPIL TRANSPORTATION
School buses are exempt from statutory requirement
that child under age 4 be properly secured
in approved child restraint device. Public
school buses used to transport children in
Head Start Program are not required to provide
children under 4 with child safety seats regardless
of whether such buses have seat belts. |
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| 1999 |
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99-039
CONSTITUTION OF THE UNITED STATES: FOURTH
AMENDMENT
Reasonableness of sheriff’s use of drug-sniffing
dogs to search person of students attending
public school depends on whether facts support
suspicionless search that is relatively unobtrusive
coupled with government’s interest in
conducting search. |
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99-037
EDUCATION: SCHOOL BOARDS; SELECTION, ETC
Change from appointed to elected school board
in City of Petersburg. Members elected at
large to replace 9-member appointed board
in city comprised of seven established election
districts. Preclearance by U.S. Department
of Justice under Voting Rights Act. Election
of school board from single-member election
districts would require authorization from
General Assembly. |
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| 1998 |
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<
link >
EDUCATION: SYSTEM OF PUBLIC SCHOOLS; GENERAL
PROVISIONS
City of Colonial Heights must provide free
public schooling to student who resides with
parent(s) in house located in Chesterfield
County on lot bisected by city and county
school division boundaries. |
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<
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EDUCATION: TEACHERS, OFFICERS
AND EMPLOYEES — POWERS AND DUTIES OF
SCHOOL BOARDS
No statute establishes procedures to be followed
by school board members and division superintendents
in hiring school personnel. Extent of school
board member’s involvement in preliminary
stage of hiring process depends on employment
policies adopted by board. |
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| 1997 |
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<
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COUNTIES, CITIES AND TOWNS: GENERAL - BUDGETS
- PUBLIC FINANCE ACT. EDUCATION: POWERS AND
DUTIES OF SCHOOL BOARDS - PUBLIC SCHOOL FUNDS
- SCHOOL PROPERTY
Absent clear statutory authority, governing
body may not assume control over construction
of public schools or expenditure of funds
for that purpose. Such body may review appropriations
made to recipient agencies to ensure proper
expenditure of public funds and may consolidate
certain duplicative functions. Board of supervisors
may not remove statutory authority of school
board to erect, furnish and equip necessary
school buildings; to manage and control funds
made available to school board for public
schools; and to incur costs and expenses. |
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<
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EDUCATION: SCHOOL BOARDS; SELECTION, QUALIFICATION
AND SALARIES OF MEMBERS. CONSTITUTION OF VIRGINIA:
LEGISLATURE (EFFECTIVE DATE OF LAWS). GENERAL
PROVISIONS: COMMON LAW, STATUTES AND RULES
OF CONSTRUCTION
Affirmative vote of Richmond City School Board
on June 20, 1996, to increase salary of new
term members was not authorized. 1996 amendments
applicable to school board salaries on and
after July 1, 1996, do not apply to actions
taken before that date. |
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<
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EDUCATION: STANDARDS OF QUALITY - GENERAL
POWERS AND DUTIES OF SCHOOL BOARDS
Local school board must abide by legislative
mandate to allow transfer of credits earned
in private school or through home instruction
toward award of high school diploma, subject
to conditions prescribed by Board of Education.
Local school board may not impose requirements
inconsistent with standards of accreditation
promulgated by Board. |
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<
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EDUCATION: SYSTEM OF PUBLIC SCHOOLS; GENERAL
PROVISIONS
CONSTITUTION OF VIRGINIA: EDUCATION
Falls Church must provide free public schooling
to student who resides in house in Fairfax
County that is located on residential lot
partially within city, whether or not another
structure exists on city residential tract.
In determining residency for purposes of providing
tuition-free schooling, school board may consider
student's age and custody of student. |
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<
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EDUCATION: SCHOOL BOARDS; SELECTION, ETC
ELECTIONS: FEDERAL, COMMONWEALTH,
AND LOCAL OFFICERS
Vacancy created by resignation of commission-appointed
school board member following approval by
qualified county voters to change to elected
school board and after initial election of
members to school board composed of both elected
and appointed members must be filled for unexpired
term by school board selection commission. |
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<
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EDUCATION: SCHOOL PROPERTY
Whether early termination provisions of particular
school board lease are inconsistent with requirement
that lease's term be equal to or longer than
useful life of repairs or improvements to
real property is question of fact to be determined
by school board's counsel on a case-by-case
basis and not by Attorney General. Requirement
indicates legislative intent to assure that
public will receive benefit of expenditure
of public funds by school board, as lessee,
to improve property. |
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