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School board authority in Virginia

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Virginia state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Virginia law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • School boards in Virginia are authorized to select books for school libraries and review challenged materials.
  • School boards in Virginia are authorized, but not required to develop a fund to pay for medical expenses for school employees and their dependents.
  • Virginia is one of 26 states that has a Parents' Bill of Rights.
  • Virginia state law prohibits schools from providing instruction in what it defines as divisive concepts, which includes critical race theory.
  • Virginia school boards are allowed to engage in collective bargaining agreements with employees only if local municipal law specifically allows it.


    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in Virginia

    Enabling or authorizing statute for the boards of school districts in Virginia

    See also: Enabling statute

    Virginia Constitution Article VIII. Section 7. creates school district boards and gives them authority to operate according to state law:[1]

    “

    The supervision of schools in each school division shall be vested in a school board, to be composed of members selected in the manner, for the term, possessing the qualifications, and to the number provided by law.[2]

    		”

    Virginia school boards' powers and duties

    Virginia public school boards of directors are given 15 specific duties or powers to administer the public schools in the Virginia. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

    • determine what studies the district will have and the teaching methods it will employ
    • survey the school division to identify critical shortages of staff including teachers and bus drivers

    In addition to the powers and duties listed in Virginia Statutes § 22.1-79, school boards must adhere to specific state laws requiring them to adopt policies for various circumstances, including prohibiting the use and distribution of any retail tobacco product or hemp product intended for smoking and designating lactation areas for nursing mothers.[3]

    The list of powers and duties school district boards are charged with appears in Virginia Statutes § 22.1-79 and are as follows:[4]

    “

    § 22.1-79. Powers and duties. 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, 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, 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's procedures for adjusting grievances. Except in the case of dismissal, suspension, or other disciplinary action, the grievance procedure prescribed by the Board 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 or as are imposed by law;

    8. Obtain public comment through a public hearing not less than seven 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 that is to be implemented after the effective date of this provision, an additional public hearing shall not be required;

    9. (Expires July 1, 2028) At least annually, survey the school division to identify critical shortages of (i) teachers and administrative personnel by subject matter, (ii) specialized student support positions as that term is described in subsection O of § 22.1-253.13:2, and (iii) school bus drivers and report such critical shortages to the Superintendent 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;

    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;

    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;

    12. Ensure that the information sheet on the SNAP benefits program developed and provided by the Department of Social Services pursuant to subsection E of § 63.2-801 is sent home with each student enrolled in a public elementary or secondary school in the local school division at the beginning of each school year or, in the case of any student who enrolls after the beginning of the school year, as soon as practicable after enrollment;

    13. Ensure that a fillable free or reduced price meals application is sent home with each student enrolled in a public elementary or secondary school in the local school division at the beginning of each school year or, in the case of any student who enrolls after the beginning of the school year, as soon as practicable after enrollment;

    14. Permit any student enrolled in a public elementary or secondary school in the local school division who provides acceptable proof of identification as set forth in subdivision 15, if requested, and signs up in accordance with sign-up procedures for the respective school board meeting, to submit oral comments during any public comment or citizen participation portion of such meeting subject to the same reasonable time, place, and manner restrictions imposed by such school board on the expression of any other citizen participant in such meetings; and

    15. Accept as proof of student identification for the purpose of providing oral public comment as permitted pursuant to subdivision 14 any current student identification card or other school document such as a report card or a personal school email address. [2]

    		”

    Discretionary duties

    Virginia state law includes powers and duties that school boards are authorized, but not required, to do. For example, school boards are authorized to:

    • develop or use unused public park areas adjacent to any of their public schools with the approval and cooperation of the municipality.[5]
    • establish a fund for the payment of hospital, medical, surgical and related services provided any of its officers, employees and their dependents out of funds appropriated to the school board.[6]
    • pay the legal fees and expenses of an employee who is rendered not guilty as a defendant in any civil action arising out of his actions in connection with his duties as an employee of the school board.[7]

    Constraints on Virginia school boards' authority

    This section tracks constraints on school boards specific to Virginia as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on Virginia school boards' authority by topic

    This section features constraints on Virginia school boards' authority on policies related to the following topics:

    Curriculum requirements

    Virginia requires the following specific topics to be included in each district's curriculum, among others:[8]

    • proficiency in the use of computers and related technology, computer science, computational thinking, and coding
    • concepts of citizenship, including knowledge of Virginia history
    • cardiopulmonary resuscitation and the use of an automated external defibrillator

    Curriculum restrictions

    Virginia law prohibits instruction in public schools on what an executive order defined as inherently divisive concepts. This includes critical race theory as well as the following topics listed in Virginia law:[9]

    “

    By virtue of the authority vested in me as Governor, I hereby issue this Executive Order to ensure excellence in K-12 public education in the Commonwealth by taking the first step on Day One to end the use of inherently divisive concepts, including Critical Race Theory, and to raise academic standards.

    Importance of the Initiative

    The future of the Commonwealth of Virginia is chiefly dependent on the education of our children. Education has life-shaping power, and our educational system should instill in Virginia students a love for lifelong learning to ensure that they become their own best teachers. We must enable our students to take risks, to think differently, to imagine, and to see conversations regarding art, science, and history as a place where they have a voice.

    Political indoctrination has no place in our classrooms. The vast majority of learning in our schools involves imparting critical knowledge and skills in math, science, history, reading and other areas that should be non-controversial. Inherently divisive concepts, like Critical Race Theory and its progeny, instruct students to only view life through the lens of race and presumes that some students are consciously or unconsciously racist, sexist, or oppressive, and that other students are victims. This denies our students the opportunity to gain important facts, core knowledge, formulate their own opinions, and to think for themselves. Our children deserve far better from their education than to be told what to think.

    Instead, the foundation of our educational system should be built on teaching our students how to think for themselves. Virginia must renew its commitment to teaching our children the value of freedom of thought and diversity of ideas. We must equip our teachers to teach our students the entirety of our history – both good and bad. From the horrors of American slavery and segregation, and our country’s treatment of Native Americans, to the triumph of America’s Greatest Generation against the Nazi Empire, the heroic efforts of Americans in the Civil Rights Movement, and our country’s defeat of the Soviet Union and the ills of Communism, we must provide our students with the facts and context necessary to understand these important events. Only then will we realize Dr. Martin Luther King Jr.’s dream that our children “will not be judged by the color of their skin but by the content of their character.”

    The Constitution of Virginia requires that the Governor shall take care that the laws be faithfully executed. It further provides a right to be free from any governmental discrimination upon the basis of religious conviction, race, color, sex, or national origin. Critical race theory and related concepts are teaching our children to engage in the very behavior the Constitution prohibits.

    Directive

    Accordingly, pursuant to the authority vested in me as the Chief Executive Officer of the Commonwealth, and pursuant to Article V of the Constitution and the laws of Virginia, I hereby order the following:

    The Superintendent of Public Instruction shall review all policies within the Department of Education to identify those that promote inherently divisive concepts. Such policies shall be ended.

    The Superintendent of Public Instruction shall immediately review all guidelines, websites, best practices, and other materials produced by the Department of Education to identify those that promote or endorse divisive or inherently racist concepts. Such shall be removed.

    Executive Employees shall be prohibited from directing or otherwise compelling students to personally affirm, adopt, or adhere to inherently divisive concepts.

    The Superintendent of Public Instruction shall review the Department of Education’s Cultural Competency Training to determine if it or any portion promotes inherently divisive concepts, and take action consistent with the laws of Virginia to modify such training to end the use of inherently divisive concepts. In addition, the Superintendent shall make recommendations on how the Department of Education and school division can develop and make available to all teachers and school leaders model professional development and training so teachers and schools are prepared to engage students on important civics and historical issues in a fair and unbiased manner without imposing their own personal beliefs.

    The Superintendent of Public Instruction shall review and revise or rescind Superintendent’s Memo #050-19 to remove reference to any inherently divisive concepts.

    The Superintendent of Public Instruction shall review all changes made to the Commonwealth of Virginia’s public education curriculum within the last 48 months to identify inherently divisive concepts, including concepts or ideas related to Critical Race Theory, and initiate, through the regular curriculum re-evaluation process, 3 changes that will replace them with concepts and lessons that ensure all Virginia students are taught to respect all individuals regardless of their race, sex, or faith.

    The Superintendent of Public Instruction shall review the “EdEquityVA” program and end any portion that promotes inherently divisive concepts.

    The Superintendent of Public Instruction shall end the Virginia Math Pathways Initiative.

    The Superintendent of Public Instruction shall provide a report to me and the Secretary of Education within 30 days any policies, programs, training, or curricula that falls within the definition of inherently divisive concepts and within 90 days identify any necessary executive and legislative actions needed to end use of all inherently divisive concepts in public education.

    The Superintendent of Public Instruction shall review and immediately end the use of any portion of any Governor’s School program that promotes inherently divisive concepts.

    The Superintendent of Public Instruction shall raise standards in K-12 education and immediately take steps to:

    a. increase the transparency and honesty of performance measures for public elementary and secondary schools in the Commonwealth and ensure that such measures do not obscure or conceal disparities in performance among student groups;
    b. ensure that performance measures for public elementary and secondary schools prioritize the attainment of grade-level proficiency in reading and mathematics for all students, especially in grades K-5;
    c. ensure that the Commonwealth’s proficiency standards on Standards of Learning assessments in reading and mathematics are rigorous in comparison with assessments administered by other states and national assessments in reading; and
    d. increase the number of academic-year Governor's Schools in the Commonwealth and maintain standards of excellence for students in all such schools.
    e. ensure that parents are empowered with open access to information on primary instructional materials utilized in any school and that fair and open policies are in place to address any concerns or complaints in a timely and respectful manner.

    The Superintendent of Public Instruction shall issue a report to the Secretary of Education and me within 90 days on the status of efforts to close the “achievement gap” in K-12 education, with recommendations for additional executive and legislative actions that should be undertaken to ensure all students are graduating high school career and college ready.

    The Superintendent of Public Instruction will initiate, through the regular curriculum re-evaluation process, changes that ensure Virginia students are given thorough and comprehensive education of world, United States, and Virginia history without the influence of inherently divisive concepts.

    For the purposes of this Executive order “inherently divisive concepts” means advancing any ideas in violation of Title IV and Title VI of the Civil Rights Act of 1964, including, but not limited to of the following concepts (i) one race, skin color, ethnicity, sex, or faith is inherently superior to another race, skin color, ethnicity, sex, or faith; (ii) an individual, by virtue of his or her race, skin color, ethnicity, sex or faith, is racist, sexist, or oppressive, whether consciously or subconsciously, (iii) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race, skin color, ethnicity, sex or faith, (iv) members of one race, ethnicity, sex or faith cannot and should not attempt to treat others as individuals without respect to race, sex or faith, (v) an individual's moral character is inherently determined by his or her race, skin color, ethnicity, sex, or faith, (vi) an individual, by virtue of his or her race, skin color, ethnicity, sex, or faith, bears responsibility for actions committed in the past by other members of the same race, ethnicity, sex or faith, (vii) meritocracy or traits, such as a hard work ethic, are racist or sexist or were created by a particular race to oppress another race. [2]

    		”
    Federal law and guidance

    Book bans, removals, and restrictions

    Virginia school boards have the authority to remove books from school libraries. State administrative code puts school boards in charge of book selection and utilization, as well as handling challenged controversial materials.[11]

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[12][13][14]

    Federal guidance


    Parental notification

    Virginia requires school boards to adopt policies regarding parental notification in the following circumstances, among others:

    • Their student is going to be given instruction regarding sexually explicit content[16]
    • Their student is involved in a bullying incident at school[17]
    • Their student violates a school board policy[18]
    • Their child is truant[18]
    • Their child is suspended, expelled, or physically restrained or secluded[18]
    • Their child undergoes literacy and Response to Intervention screening and services[19]

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[20]

    Discipline

    See also: How does Virginia compare to other states on school board authority over disciplinary policy?

    Virginia is one of 47 states that gives school boards authority over district disciplinary policy.

    The text of Virginia Statutes § 22.1-253.13:7 is as follows:[21]

    “

    A. Each local school board shall develop policies and procedures to address complaints of sexual abuse of a student by a teacher or other school board employee.

    B. Each local school board shall maintain and follow up-to-date policies. All school board policies shall be reviewed at least every five years and revised as needed.

    C. Each local school board shall ensure that policies are developed giving consideration to the views of teachers, parents, and other concerned citizens and addressing the following:

    1. A system of two-way communication between employees and the local school board and its administrative staff whereby matters of concern can be discussed in an orderly and constructive manner;

    2. The selection and evaluation of all instructional materials purchased by the school division, with clear procedures for handling challenged controversial materials;

    3. The standards of student conduct and attendance and enforcement procedures designed to provide that public education be conducted in an atmosphere free of disruption and threat to persons or property and supportive of individual rights;[22]

    ...[2]

    		”
    Federal guidance


    School board elections

    See also: Rules governing school board election dates and timing in Virginia, How does Virginia compare to other states on school board authority over election timing?

    Virginia is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

    Click here to read about the laws governing school board elections in Virginia.

    Public school choice and open enrollment

    See also: School choice in Virginia

    School boards in Virginia are authorized, though not required, to implement open enrollment policies within their district. School districts must also implement policies related to enrollment of any student residing on a military installation or in military housing within the school division:[24][25]

    “

    § 22.1-7.1. Open school enrollment policy.

    A. Any local school board may establish and implement policies to provide for the open enrollment to any school of any student residing within the school division upon the request of a parent or guardian. In developing such policies, a local school board may include the following conditions and limitations:

    1. An application process whereby a parent or guardian indicates a school preference for purposes of his child attending a school in the child's school division but outside of the attendance area in which the child resides;

    2. A requirement that the parent or guardian provide transportation for the student attending a school other than his assigned school;

    3. A requirement that a student may be disqualified from attending a school other than his assigned school if he has been subject to a specified disciplinary action;

    4. A prohibition on the recruitment of a student from one school to another by a school division employee;

    5. A limitation on participation in certain athletic activities for a student who chooses to attend a school other than his assigned school;

    6. A random, unbiased selection process in the event open enrollment requests exceed the capacity of a school;

    7. A provision that a student shall be permitted to remain at the receiving school until the student has completed the highest grade level in the school; and

    8. A preference to a student (i) who resides in a location that has been subject to a change in school attendance area during the previous two years, (ii) who has a sibling attending the receiving school, or (iii) whose parent or guardian is an employee of the receiving school.

    B. A copy of the school division's policies for open enrollment, if any, shall be posted on the division's website and shall be available to the public upon request.

    C. Nothing in this section shall interfere with a local school board's authority to adopt a pupil assignment plan pursuant to § 22.1-79.

    D. For the purposes of this section, "open enrollment" means a policy adopted and implemented by a local school board to allow any student to enroll in any school within the school division of attendance regardless of the location of the student's residence.

    § 22.1-7.2. Enrollment for students residing on a military installation or in military housing.

    A. As used in this section, "military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, fort, or other activity under the jurisdiction of the Department of Defense, including any leased facility, that is located in whole or in part within the Commonwealth. "Military installation" does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

    B. Any local school board of a school division in which a military installation or other military housing is located shall establish and implement policies to provide for the enrollment to any school of any student residing on a military installation or in military housing within the school division upon the request of his parent if space in the school is available. In developing such policies, a local school board may include any of conditions listed in subsection A of § 22.1-7.1 or any other condition deemed appropriate by the local school board.

    C. A copy of the school division's policies for enrollment for students residing on a military installation or in military housing within the school division shall be posted on the division's website and shall be available to the public upon request.[2]

    		”

    Charter schools

    See also: Charter schools in Virginia, How does Virginia compare to other states on school board authority over charter schools?

    Virginia is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

    Local school boards in Virginia collaborate with the Virginia Board of Education to approve or deny charter school applications.[26]

    “

    A. Public charter school applications shall be received and reviewed by the Board of Education and local school boards or, in the case of a regional public charter school, by all of the relevant school boards, as provided in subsection C. However, no charter school application that is initiated by one or more local school boards shall be subject to the provisions of subsection C.

    The Board of Education and each local school board shall establish procedures for receiving, reviewing, and, in the case of local school boards, ruling upon applications. The Board of Education and local school boards shall post their procedures on their websites and make a copy of the procedures available to all interested parties upon request. If any such board finds the public charter school application is incomplete, the board shall request the necessary information from the charter applicant.

    B. To provide appropriate opportunity for input from parents, teachers, citizens, and other interested parties and to obtain information to assist local school boards in their decisions to grant or deny a public charter school application, local school boards shall establish a procedure for public notice and to receive comment on public charter school applications. A local school board shall give at least 14 days' notice of its intent to receive public comment on an application.

    C. Prior to submission of an application to a local school board for review, the public charter school applicant shall submit its proposed charter application to the Board of Education for its review, comment, and a determination as to whether the application meets the approval criteria developed by the Board. The Board's review shall examine such applications for feasibility, curriculum, financial soundness, and other objective criteria as the Board may establish, consistent with existing state law. The Board's review and comment shall be for the purpose of ensuring that the application conforms with such criteria, and the Board shall make a determination as to whether the application meets the approval criteria developed by the Board. Nothing in this section shall prevent a local school division from working with a charter school applicant before the application is submitted to the Board of Education for review and recommendation.[2]

    		”

    Cellphone bans

    See also: How does Virginia compare to other states on cellphone laws?

    Virginia is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. Virginia Governor Glenn Youngkin (R) issued an executive order that took effect July 9, 2024, that instituted a statewide cellphone ban in schools. Governor Youngkin signed House Bill 1961 and Senate Bill 738, which codified the 2024 executive order.[27]

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[28][29]

    Virginia school boards are not legally allowed to engage in collective bargaining agreements with school employees unless local ordinances specifically allow it. [30]

    School districts, including Fairfax County in Northern Virginia, have engaged in collective bargaining with school employees. Though school boards are charged with adopting a policy for grievance procedures regarding the employment of indivuduals in the school district, licensed employees in Fairfax County Public Schools bargained for and gained the right to employment protections, including the right to have their employment terminated only if the board finds just cause.[31]


    “

    Just Cause. Effective July 1, 2025, no Employee may be dismissed unless there is just cause for their dismissal. Any such dismissal may be grieved in accordance with the Disciplinary Grievance process set forth in Section 6 of this Article.

    2. Effective July 1, 2026, the Division may not impose any Disciplinary Actions on any Employee without just cause. Disciplinary Actions shall be defined as: written reprimand, placement on or extension of probation, suspension, demotion, and dismissal. Verbal warnings, summary memoranda, Performance Improvement Plans, performance evaluations and all other performance actions are not considered Disciplinary Actions.

    3. Where appropriate, Disciplinary Actions shall be applied in a progressive manner to rehabilitate and correct conduct. This means reasonable and appropriate corrective actions that increase in severity up to and including dismissal when the employee fails to correct the same or similar behavior within a reasonable period, and such continued failure is properly documented, and the employee has had an opportunity to correct the behavior. However, progressive discipline is not always appropriate, as supervisors may recommend stronger action in cases of serious misconduct. This could include dismissal for the first offense.

    4. When the safety or welfare of the Division or a student is threatened or an Employee has been charged with a felony or misdemeanor identified in Virginia Code § 22.1-315, the procedures in Virginia Code § 22.1-315 shall apply. The Disciplinary Grievance procedure set forth in Section 6 of this Article shall not apply to any such actions under Virginia Code § 22.1-315.

    5. Written notice of any Disciplinary Action shall be provided to Employees within fifteen (15) calendar days from the date a supervisor has knowledge of the conduct giving rise to the Disciplinary Action, absent extenuating circumstances.[2]

    		”

    Parents' bill of rights

    See also: How does Virginia compare to other states on Parents' Bills of Rights?

    Virginia is one of 26 states that has a Parents' Bill of Rights.

    The statute holds that parents have the right to make decisions concerning the education of their child. The text is as follows:[32]

    “

    § 1-240.1. Rights of parents.

    A parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child. [2]

    		”


    How does Virginia compare to other states?

    This section compares Virginia's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[33]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • U.S. Department of Education begins process to end federal funding to five Virginia school districts (2025): The U.S. Department of Education announced on August 19, 2025, that it was placing Alexandria City Public Schools, Arlington Public Schools, Fairfax County Public Schools, Loudoun County Public Schools, and Prince William County Public Schools on high-risk status for funding and that it was beginning the administrative process for suspending or terminating federal financial assistance to the districts. The department said it found their policies allowing students to occupy what it called intimate facilities based on gender identity, not biological sex, violated Title IX.[34]
    • Reading Recovery sues state of Ohio for banning their reading intervention methods in Ohio schools (2023): Reading Recovery Council of North America (RRCNA) filed a lawsuit on October 3, 2023, to block Ohio's HB 33, which is a budget bill that designated money to implement a state-wide required reading curriculum that focuses on "systematic instruction in phonemic awareness, phonics, vocabulary, fluency, comprehension, and writing." The bill bans teachers from relying on the "three-cue approach," which Reading Recovery said could impact the use of their interventions. RRCNA sued the state of Ohio on the grounds that the literary instruction statute is a "policy mandate disguised as a budget bill," and that it defies Ohio's one-subject rule. Ohio joins over 30 states and the District of Columbia in implementing this new curriculum, often called the "science of reading" philosophy; Ohio joins Arkansas, Louisiana, and Virginia in banning the "three-cue approach."[35][36][37][38]
    • The Virginia Department of Education approves AP African Studies course (2023): Following a six-month-long review, the Virginia Department of Education approved the College Board’s Advanced Placement African American studies course, stating that the course aligns with Youngkin's January 2022 executive order that banned the teaching of CRT in public schools.[39]
    • Norfolk School Board approves sex education curriculum covering gender and sexual identity (2023): The Norfolk School Board in Virginia approved a sex education curriculum on May 17, 2023, that added gender identity, sexual orientation, abortion, and other topics to the district's middle school and high school teaching materials.[40]
    • Virginia education agency proposes new history standards in public schools (2022): The Virginia Department of Education proposed new standards on November 11, 2022, that establish requirements for the state’s public schools that align with the Youngkin administration’s (R) preferred approaches to teaching Virginia and U.S. history. The standards proposed patriotism lessons for kindergarteners; instruction on critical thinking skills for first graders; lessons for fourth-grade students on the Civil Rights movement, James Madison, George Washington, the Civil War, and Reconstruction; and instruction for eleventh-grade students about Christopher Columbus and the race-based enslavement of Africans.[41][42] After delaying an August vote on the proposal until November, the Virginia State Board of Education voted 8-0 on November 17, 2022, to further delay the SOL review process until 2023.[43]
    • Virginia Board of Education postpones public hearings for proposed history curriculum standards (2022): The Virginia Board of Education announced on August 17, 2022, that they will delay voting on new statewide history curriculum standards, following opposition from the Youngkin administration regarding some of the proposed changes. Gov. Youngkin (R) opposed removing “references to George Washington as ‘the father of our country’ and James Madison as the ‘father of the Constitution’” and using the word succession instead of secession.[44] A spokesperson for the Virginia Department of Education stated that those changes were made in error.[45][45][46] After months of public discussion, the board voted in a 5-3 vote on February 2, 2023, to accept the proposed curriculum for initial review.[47]
    • Richmond school board passes resolution in response to Virginia Department of Education’s transgender student policy (2022): The Richmond City School Board voted 8-1 on October 2, 2022, to approve a resolution rejecting the Virginia Department of Education’s policy on transgender students. The state policy required students to use bathrooms and pronouns that align with their sex at birth, among other provisions. The school board resolution formally rejected the new state policy and affirmed what the board viewed as its “commitment to providing protections for all students regardless of sexual orientation, gender identity or gender expression,” according to the Richmond Times-Dispatch.[48] The Virginia Department of Education stated in its description of its guidance that the policy aimed to establish "the rights of parents to determine how their children will be raised and educated."[49]
    • Hillsborough County School Board approves sex education curriculum for seventh, eighth, and ninth grades (2022): The Hillsborough County School Board in Florida approved a new sex education curriculum for seventh, eighth, and ninth-grade students on September 20, 2022. The curriculum aimed to provide “consistent and medically accurate information when it comes to reproductive health and disease prevention,” according to the school board. Parents who oppose the sex education curriculum could opt their children out of the lessons.[50][51][52]
    • Virginia education agency proposes new transgender student policies in public schools (2022): The Virginia Department of Education proposed new policies on September 16, 2022, that aimed to provide guidance to the state’s public schools on the Youngkin administration’s (R) preferred school approaches to transgender students. The policies proposed requiring transgender students to use the bathrooms and locker rooms that align with their assigned sex at birth; prohibiting changes to a student's legal name and sex without official legal documentation; requiring teachers and school officials to refer to a student by the pronouns associated with their sex at birth; and allowing teachers not to use a student's preferred name if they believed doing so would violate their constitutionally protected rights.[53][54][53]
    • Virginia governor issues executive order banning critical race theory instruction in public schools (2022): Virginia Governor Glenn Youngkin (R) on January 15, 2022, signed an executive order prohibiting the teaching of CRT in the state's public schools. The order directs the Virginia superintendent of public instruction to prohibit the inclusion of what the order refers to as divisive concepts in school policies and curricula.[55][56]

    See also

    Footnotes

    1. ↑ Virginia Legislative Information System, "Article VIII. Education; Section 7. School boards," accessed February 3, 2025
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ Virginia Legislative Information System, "Title 22.1 - Education - Chapter 7. Powers and Duties of School Boards," accessed February 4, 2025
    4. ↑ Virginia Legislative Information System, "§ 22.1-79. Powers and duties," accessed February 4, 2025
    5. ↑ Virginia Legislative Information System, "§ 22.1-80. Development of park areas adjacent to public schools," accessed February 4, 2025
    6. ↑ Virginia Legislative Information System, "§ 22.1-85. Fund for payment of hospital, medical, etc., services provided officers, employees and dependents," accessed February 4, 2025
    7. ↑ Virginia Legislative Information, "§ 22.1-83. Payment of employee's legal fees and expenses," accessed February 4, 2025
    8. ↑ Virginia Legislative Information System, "§ 22.1-253.13:1. Standard 1. Instructional programs supporting the Standards of Learning and other educational objectives," accessed February 4, 2025
    9. ↑ Governor of Virginia, "Executive Order Number One (2022): ENDING THE USE OF INHERENTLY DIVISIVE CONCEPTS, INCLUDING CRITICAL RACE THEORY, AND RESTORING EXCELLENCE IN K-12 PUBLIC EDUCATION IN THE COMMONWEALTH," accessed February 4, 2025
    10. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    11. ↑ Law.Justia.com, "8 VA Admin Code 20-720-160," accessed February 4, 2025
    12. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    13. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    14. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    15. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    16. ↑ Virginia Legislative Information System, "§ 22.1-16.8. Instructional material; sexually explicit content; parental notification," accessed February 4, 2025
    17. ↑ Virginia Legislative Information System, "§ 22.1-279.6. Board of Education guidelines and model policies for codes of student conduct; school board regulations," accessed February 14, 2025
    18. ↑ 18.0 18.1 18.2 National Center on Safe Supportive Learning Environments, "Virginia School Discipline Laws & Regulations: Parental Notification," accessed February 4, 2025
    19. ↑ Virginia Legislative Information System, "§ 22.1-215.2. Parental notification; literacy and Response to Intervention screening and services; certain assessment results," accessed February 4, 2025
    20. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    21. ↑ Virginia Legislative Information System, "§ 22.1-253.13:7. Standard 7. School board policies," accessed February 4, 2025
    22. ↑ Bolding added by Ballotpedia staff.
    23. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    24. ↑ Virginia Legislative Information System, "§ 22.1-7.1. Open school enrollment policy," accessed February 4, 2025
    25. ↑ Virginia Legislative Information System, "§ 22.1-7.2. Enrollment for students residing on a military installation or in military housing," accessed February 4, 2025
    26. ↑ Virginia Legislative Information System, "§ 22.1-212.9. Review of public charter school applications," accessed February 4, 2025
    27. ↑ Governor of Virginia, "Executive Order Number 33 (2024) - Establishing Cell Phone-Free Education to Promote the Health and Safety of Virginia's K-12 Students," accessed February 4, 2025
    28. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    29. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    30. ↑ Virginia Legislative Information System, "§ 40.1-57.2. Collective bargaining," accessed February 4, 2025
    31. ↑ Fairfax County Public Schools, "Collective Bargaining Agreement between the Fairfax Education Unions Licensed Instructional Unit and Fairfax County Public Schools," accessed February 4, 2025
    32. ↑ "Virginia Legislative Information System, "§ 1-240.1. Rights of parents." Accessed July 8, 2025
    33. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    34. ↑ U.S. Department of Education, "U.S. Department of Education Places Five Northern Virginia School Districts on High-Risk Status and Reimbursement Payment Status for Violating Title IX," accessed September 4, 2025
    35. ↑ Ohio Capital Journal, "Science of reading enacted in Ohio’s new budget," December 6, 2023.
    36. ↑ Reading Recovery Community, "Reading Recovery Council of North America files lawsuit against Ohio Gov. Mike DeWine," December 6, 2023.
    37. ↑ Ohio Capital Journal, "Reading Recovery lawsuit trying to prevent science of reading implementation in Ohio schools," December 6, 2023.
    38. ↑ The Ohio Legislature, "House Bill 33," December 6, 2023.
    39. ↑ “WTOP news”, “Virginia Dept. of Education approves AP African American History course after months-long review,” accessed Octopber 9,2023.
    40. ↑ Wavy 10, "New sex education curriculum OK’d for Norfolk Public Schools," accessed May 30, 2023
    41. ↑ Richmond Times-Dispatch, “Youngkin administration releases new draft history standards,” November 14, 2022
    42. ↑ ABC 7 News, “Youngkin proposes new history standards, including teaching patriotism in Va. schools,” November 13, 2022
    43. ↑ WTVR, “Board of Education delays vote on Youngkin administration's history class revisions,” November 18, 2022
    44. ↑ ABC 7 News, "Youngkin slams proposal that deletes Benjamin Franklin from history curriculum," August 21, 2022
    45. ↑ 45.0 45.1 VPM, "Youngkin education official recommends delaying history standards review due to 'glaring deficiencies'," August 16, 2022
    46. ↑ Virginia Mercury, "Virginia Board of Education delays public hearings for history standards review," August 17, 2022
    47. ↑ Virginia Mercury, "Despite public pushback, Board of Ed accepts draft history standards for first review," February 2, 2023
    48. ↑ Richmond Times-Dispatch, “RPS School Board approves resolution to reject Youngkin transgender policies,” October 4, 2022
    49. ↑ Virginia Regulatory Town Hall, “Description of Proposed Guidance Document Changes,” accessed October 5, 2022
    50. ↑ Hillsborough County Public Schools, "Agenda Item Details," September 20, 2022
    51. ↑ Bay News 9, "Hillsborough School Board approves new 7th grade sex ed curriculum," September 21, 2022
    52. ↑ Tampa Bay Times, "Hillsborough School Board OKs sex education lessons after objections," September 21, 2022
    53. ↑ 53.0 53.1 NPR, "Virginia has moved to restrict the rights of trans students in its public schools," September 18, 2022
    54. ↑ Education Week, "Virginia Governor Seeks to Roll Back Accommodations for Transgender Students," September 19, 2022
    55. ↑ Yahoo News, "Youngkin signs executive orders banning critical race theory, lifting mask mandate in Virginia public schools," January 15, 2022
    56. ↑ WJLA News, "Youngkin's first executive actions include ending CRT and investigating Loudoun County," January 15, 2022
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