§ 2.2-3119. Additional provisions applicable to school boards and employeesof school boards; exceptions.
A. Notwithstanding any other provision of this chapter, it shall be unlawfulfor the school board of any county or city or of any town constituting aseparate school division to employ or pay any teacher or other school boardemployee from the public funds, federal, state or local, or for a divisionsuperintendent to recommend to the school board the employment of any teacheror 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 ofthe school board.
This section shall apply to any person employed by any school board in theoperation of the public free school system, adult education programs or anyother program maintained and operated by a local county, city or town schoolboard.
B. This section shall not be construed to prohibit the employment, promotion,or transfer within a school division of any person within a relationshipdescribed in subsection A when such person:
1. Has been employed pursuant to a written contract with a school board oremployed as a substitute teacher or teacher's aide by a school board prior tothe taking of office of any member of such board or division superintendentof schools; or
2. Has been employed pursuant to a written contract with a school board oremployed as a substitute teacher or teacher's aide by a school board prior tothe inception of such relationship; or
3. Was employed by a school board at any time prior to June 10, 1994, and hadbeen employed at any time as a teacher or other employee of any Virginiaschool board prior to the taking of office of any member of such school boardor division superintendent of schools.
C. A person employed as a substitute teacher may not be employed to anygreater extent than he was employed by the school board in the last fullschool year prior to the taking of office of such board member or divisionsuperintendent or to the inception of such relationship. The exceptions insubdivisions B 1, B 2, and B 3 shall apply only if the prior employment hasbeen in the same school divisions where the employee and the superintendentor school board member now seek to serve simultaneously.
D. If any member of the school board or any division superintendent knowinglyviolates these provisions, he shall be personally liable to refund to thelocal treasury any amounts paid in violation of this law, and the funds shallbe recovered from the individual by action or suit in the name of theCommonwealth on the petition of the attorney for the Commonwealth. Recoveredfunds shall be paid into the local treasury for the use of the public schools.
E. The provisions of this section shall not apply to employment by a schooldistrict located in Planning Districts 11, 12, and 13 of the father, mother,brother, sister, spouse, son, daughter, son-in-law, daughter-in-law,sister-in-law, or brother-in-law of any member of the school board provided(i) the member certifies that he had no involvement with the hiring decisionand (ii) the superintendent certifies to the remaining members of thegoverning body in writing that the employment is based upon merit and fitnessand the competitive rating of the qualifications of the individual and thatno member of the board had any involvement with the hiring decision.
(1987, Sp. Sess., c. 1, § 2.1-639.16; 1994, c. 758; 1995, c. 186; 1997, c.84; 2001, c. 844; 2010, cc. 676, 759.)
§ 2.2-3119. Additional provisions applicable to school boards and employeesof school boards; exceptions.
A. Notwithstanding any other provision of this chapter, it shall be unlawfulfor the school board of any county or city or of any town constituting aseparate school division to employ or pay any teacher or other school boardemployee from the public funds, federal, state or local, or for a divisionsuperintendent to recommend to the school board the employment of any teacheror 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 ofthe school board.
This section shall apply to any person employed by any school board in theoperation of the public free school system, adult education programs or anyother program maintained and operated by a local county, city or town schoolboard.
B. This section shall not be construed to prohibit the employment, promotion,or transfer within a school division of any person within a relationshipdescribed in subsection A when such person:
1. Has been employed pursuant to a written contract with a school board oremployed as a substitute teacher or teacher's aide by a school board prior tothe taking of office of any member of such board or division superintendentof schools; or
2. Has been employed pursuant to a written contract with a school board oremployed as a substitute teacher or teacher's aide by a school board prior tothe inception of such relationship; or
3. Was employed by a school board at any time prior to June 10, 1994, and hadbeen employed at any time as a teacher or other employee of any Virginiaschool board prior to the taking of office of any member of such school boardor division superintendent of schools.
C. A person employed as a substitute teacher may not be employed to anygreater extent than he was employed by the school board in the last fullschool year prior to the taking of office of such board member or divisionsuperintendent or to the inception of such relationship. The exceptions insubdivisions B 1, B 2, and B 3 shall apply only if the prior employment hasbeen in the same school divisions where the employee and the superintendentor school board member now seek to serve simultaneously.
D. If any member of the school board or any division superintendent knowinglyviolates these provisions, he shall be personally liable to refund to thelocal treasury any amounts paid in violation of this law, and the funds shallbe recovered from the individual by action or suit in the name of theCommonwealth on the petition of the attorney for the Commonwealth. Recoveredfunds shall be paid into the local treasury for the use of the public schools.
E. The provisions of this section shall not apply to employment by a schooldistrict located in Planning Districts 11, 12, and 13 of the father, mother,brother, sister, spouse, son, daughter, son-in-law, daughter-in-law,sister-in-law, or brother-in-law of any member of the school board provided(i) the member certifies that he had no involvement with the hiring decisionand (ii) the superintendent certifies to the remaining members of thegoverning body in writing that the employment is based upon merit and fitnessand the competitive rating of the qualifications of the individual and thatno member of the board had any involvement with the hiring decision.
(1987, Sp. Sess., c. 1, § 2.1-639.16; 1994, c. 758; 1995, c. 186; 1997, c.84; 2001, c. 844; 2010, cc. 676, 759.)
§ 2.2-3119. Additional provisions applicable to school boards and employeesof school boards; exceptions.
A. Notwithstanding any other provision of this chapter, it shall be unlawfulfor the school board of any county or city or of any town constituting aseparate school division to employ or pay any teacher or other school boardemployee from the public funds, federal, state or local, or for a divisionsuperintendent to recommend to the school board the employment of any teacheror 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 ofthe school board.
This section shall apply to any person employed by any school board in theoperation of the public free school system, adult education programs or anyother program maintained and operated by a local county, city or town schoolboard.
B. This section shall not be construed to prohibit the employment, promotion,or transfer within a school division of any person within a relationshipdescribed in subsection A when such person:
1. Has been employed pursuant to a written contract with a school board oremployed as a substitute teacher or teacher's aide by a school board prior tothe taking of office of any member of such board or division superintendentof schools; or
2. Has been employed pursuant to a written contract with a school board oremployed as a substitute teacher or teacher's aide by a school board prior tothe inception of such relationship; or
3. Was employed by a school board at any time prior to June 10, 1994, and hadbeen employed at any time as a teacher or other employee of any Virginiaschool board prior to the taking of office of any member of such school boardor division superintendent of schools.
C. A person employed as a substitute teacher may not be employed to anygreater extent than he was employed by the school board in the last fullschool year prior to the taking of office of such board member or divisionsuperintendent or to the inception of such relationship. The exceptions insubdivisions B 1, B 2, and B 3 shall apply only if the prior employment hasbeen in the same school divisions where the employee and the superintendentor school board member now seek to serve simultaneously.
D. If any member of the school board or any division superintendent knowinglyviolates these provisions, he shall be personally liable to refund to thelocal treasury any amounts paid in violation of this law, and the funds shallbe recovered from the individual by action or suit in the name of theCommonwealth on the petition of the attorney for the Commonwealth. Recoveredfunds shall be paid into the local treasury for the use of the public schools.
E. The provisions of this section shall not apply to employment by a schooldistrict located in Planning Districts 11, 12, and 13 of the father, mother,brother, sister, spouse, son, daughter, son-in-law, daughter-in-law,sister-in-law, or brother-in-law of any member of the school board provided(i) the member certifies that he had no involvement with the hiring decisionand (ii) the superintendent certifies to the remaining members of thegoverning body in writing that the employment is based upon merit and fitnessand the competitive rating of the qualifications of the individual and thatno member of the board had any involvement with the hiring decision.
(1987, Sp. Sess., c. 1, § 2.1-639.16; 1994, c. 758; 1995, c. 186; 1997, c.84; 2001, c. 844; 2010, cc. 676, 759.)
