Superintendent's Memo #064-11

State seal, Commonwealth of Virginia

Department of Education

February 25, 2011

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Recent Opinions Issued by the Office of the Attorney General

The following opinions were among those issued by the Office of the Attorney General in January 2011. These opinions represent the Attorney General's analysis of the current state of the law based on his review of existing law and relevant prior court decisions. Please click on the opinion number below to access the full opinion.

10-121 A local school board cannot impose a mandatory fee on students taking Advanced Placement (AP) courses for the required taking of the AP Examination.
10-122 A school board can consolidate certain functions with a city or a county, but in doing so the school board may not abrogate its duties or compromise its independence with respect to its core responsibilities. Outsourcing certain functions is permissible so long as school boards and localities comply with statutory and constitutional restrictions.

You will find other opinions related to public education on the Department of Education’s Web site at  Please contact the Office of Policy at 804-225-2092, or by e-mail at, if you have any general questions about these issues.  Because the Department of Education cannot provide legal advice, you should contact your local school board attorney if you need legal assistance regarding these matters.