State Codes and Statutes

Statutes > Virginia > Title-22-1 > Chapter-4 > 22-1-25

§ 22.1-25. How school divisions made.

A. The Board of Education shall divide the Commonwealth into school divisionsof such geographical area and school-age population as will promote therealization of the standards of quality required by of Article VIII, Section2 of the Constitution of Virginia, subject to the following conditions:

1. The school divisions as they exist on July 1, 1978, shall be and remainthe school divisions of the Commonwealth until further action of the Board ofEducation taken in accordance with the provisions of this section except thatwhen a town becomes an independent city, the town shall also become a schooldivision.

2. No school division shall be divided or consolidated without the consent ofthe school board thereof and the governing body of the county or cityaffected or, if a town comprises the school division, of the town council.

3. No change shall be made in the composition of any school division if suchchange conflicts with any joint resolution expressing the sense of theGeneral Assembly with respect thereto adopted at the session next followingJanuary 1 of the year in which the composition of such school division is tobe changed.

B. Notice of any change in the composition of a school division proposed bythe Board of Education shall be given by the Superintendent of PublicInstruction, on or before January 1 of the year in which the composition ofsuch school division is to be changed, to the clerks of the school board andof the governing body involved and to each member of the General Assembly.

C. Subject to the conditions set forth in subsection A, the Board ofEducation shall consider the following criteria in determining appropriateschool divisions:

1. The school-age population of the school division proposed to be divided orconsolidated.

2. The potential of the proposed school division to facilitate the offeringof a comprehensive program for kindergarten through grade 12 at the level ofthe established standards of quality.

3. The potential of the proposed school division to promote efficiency in theuse of school facilities and school personnel and economy in operation.

4. Anticipated increase or decrease in the number of children of school agein the proposed school division.

5. Geographical area and topographical features as they relate to existing oravailable transportation facilities designed to render reasonable access bypupils to existing or contemplated school facilities.

6. The ability of each existing school division to meet the standards ofquality with its own resources and facilities or in cooperation with anotherschool division or divisions if arrangements for such cooperation have beenmade.

D. Consistent with its authority pursuant to Article VIII, Section 5 of theConstitution of Virginia to designate school divisions in the Commonwealth ofsuch geographic size and school-age population as will best promote therealization of the standards of quality, the Board shall promulgateregulations consistent with the provisions of this section that provide for aprocess whereby school divisions may submit proposals for the consolidationof school divisions. Such regulations shall provide for, among other things,a public notice and hearing process to be conducted by the applicant schooldivisions.

School divisions submitting proposals for consolidation shall include suchinformation and data as may be required by the Board, including (i) thecriteria set forth in subsection C; (ii) evidence of the cost savings to berealized by such consolidation; (iii) a plan for the transfer of title toschool board property to the resulting combined school board governing theconsolidated division; (iv) procedures and a schedule for the proposedconsolidation, including completion of current division superintendent andschool board member terms; (v) a plan for proportional school boardrepresentation of the localities comprising the new school division,including details regarding the appointment or election processes currentlyensuring such representation and other information as may be necessary toevidence compliance with federal and state laws governing voting rights; and(vi) evidence of local support for the proposed consolidation.

For five years following completion of such consolidation, the computation ofthe state and local share for an educational program meeting the standards ofquality for school divisions resulting from consolidations approved pursuantto this subsection shall be the lower composite index of local ability-to-payof the applicant school divisions, as provided in the appropriation act.

(Code 1950, § 22-30.1; 1978, c. 456; 1980, c. 559; 2004, c. 917.)

State Codes and Statutes

Statutes > Virginia > Title-22-1 > Chapter-4 > 22-1-25

§ 22.1-25. How school divisions made.

A. The Board of Education shall divide the Commonwealth into school divisionsof such geographical area and school-age population as will promote therealization of the standards of quality required by of Article VIII, Section2 of the Constitution of Virginia, subject to the following conditions:

1. The school divisions as they exist on July 1, 1978, shall be and remainthe school divisions of the Commonwealth until further action of the Board ofEducation taken in accordance with the provisions of this section except thatwhen a town becomes an independent city, the town shall also become a schooldivision.

2. No school division shall be divided or consolidated without the consent ofthe school board thereof and the governing body of the county or cityaffected or, if a town comprises the school division, of the town council.

3. No change shall be made in the composition of any school division if suchchange conflicts with any joint resolution expressing the sense of theGeneral Assembly with respect thereto adopted at the session next followingJanuary 1 of the year in which the composition of such school division is tobe changed.

B. Notice of any change in the composition of a school division proposed bythe Board of Education shall be given by the Superintendent of PublicInstruction, on or before January 1 of the year in which the composition ofsuch school division is to be changed, to the clerks of the school board andof the governing body involved and to each member of the General Assembly.

C. Subject to the conditions set forth in subsection A, the Board ofEducation shall consider the following criteria in determining appropriateschool divisions:

1. The school-age population of the school division proposed to be divided orconsolidated.

2. The potential of the proposed school division to facilitate the offeringof a comprehensive program for kindergarten through grade 12 at the level ofthe established standards of quality.

3. The potential of the proposed school division to promote efficiency in theuse of school facilities and school personnel and economy in operation.

4. Anticipated increase or decrease in the number of children of school agein the proposed school division.

5. Geographical area and topographical features as they relate to existing oravailable transportation facilities designed to render reasonable access bypupils to existing or contemplated school facilities.

6. The ability of each existing school division to meet the standards ofquality with its own resources and facilities or in cooperation with anotherschool division or divisions if arrangements for such cooperation have beenmade.

D. Consistent with its authority pursuant to Article VIII, Section 5 of theConstitution of Virginia to designate school divisions in the Commonwealth ofsuch geographic size and school-age population as will best promote therealization of the standards of quality, the Board shall promulgateregulations consistent with the provisions of this section that provide for aprocess whereby school divisions may submit proposals for the consolidationof school divisions. Such regulations shall provide for, among other things,a public notice and hearing process to be conducted by the applicant schooldivisions.

School divisions submitting proposals for consolidation shall include suchinformation and data as may be required by the Board, including (i) thecriteria set forth in subsection C; (ii) evidence of the cost savings to berealized by such consolidation; (iii) a plan for the transfer of title toschool board property to the resulting combined school board governing theconsolidated division; (iv) procedures and a schedule for the proposedconsolidation, including completion of current division superintendent andschool board member terms; (v) a plan for proportional school boardrepresentation of the localities comprising the new school division,including details regarding the appointment or election processes currentlyensuring such representation and other information as may be necessary toevidence compliance with federal and state laws governing voting rights; and(vi) evidence of local support for the proposed consolidation.

For five years following completion of such consolidation, the computation ofthe state and local share for an educational program meeting the standards ofquality for school divisions resulting from consolidations approved pursuantto this subsection shall be the lower composite index of local ability-to-payof the applicant school divisions, as provided in the appropriation act.

(Code 1950, § 22-30.1; 1978, c. 456; 1980, c. 559; 2004, c. 917.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-22-1 > Chapter-4 > 22-1-25

§ 22.1-25. How school divisions made.

A. The Board of Education shall divide the Commonwealth into school divisionsof such geographical area and school-age population as will promote therealization of the standards of quality required by of Article VIII, Section2 of the Constitution of Virginia, subject to the following conditions:

1. The school divisions as they exist on July 1, 1978, shall be and remainthe school divisions of the Commonwealth until further action of the Board ofEducation taken in accordance with the provisions of this section except thatwhen a town becomes an independent city, the town shall also become a schooldivision.

2. No school division shall be divided or consolidated without the consent ofthe school board thereof and the governing body of the county or cityaffected or, if a town comprises the school division, of the town council.

3. No change shall be made in the composition of any school division if suchchange conflicts with any joint resolution expressing the sense of theGeneral Assembly with respect thereto adopted at the session next followingJanuary 1 of the year in which the composition of such school division is tobe changed.

B. Notice of any change in the composition of a school division proposed bythe Board of Education shall be given by the Superintendent of PublicInstruction, on or before January 1 of the year in which the composition ofsuch school division is to be changed, to the clerks of the school board andof the governing body involved and to each member of the General Assembly.

C. Subject to the conditions set forth in subsection A, the Board ofEducation shall consider the following criteria in determining appropriateschool divisions:

1. The school-age population of the school division proposed to be divided orconsolidated.

2. The potential of the proposed school division to facilitate the offeringof a comprehensive program for kindergarten through grade 12 at the level ofthe established standards of quality.

3. The potential of the proposed school division to promote efficiency in theuse of school facilities and school personnel and economy in operation.

4. Anticipated increase or decrease in the number of children of school agein the proposed school division.

5. Geographical area and topographical features as they relate to existing oravailable transportation facilities designed to render reasonable access bypupils to existing or contemplated school facilities.

6. The ability of each existing school division to meet the standards ofquality with its own resources and facilities or in cooperation with anotherschool division or divisions if arrangements for such cooperation have beenmade.

D. Consistent with its authority pursuant to Article VIII, Section 5 of theConstitution of Virginia to designate school divisions in the Commonwealth ofsuch geographic size and school-age population as will best promote therealization of the standards of quality, the Board shall promulgateregulations consistent with the provisions of this section that provide for aprocess whereby school divisions may submit proposals for the consolidationof school divisions. Such regulations shall provide for, among other things,a public notice and hearing process to be conducted by the applicant schooldivisions.

School divisions submitting proposals for consolidation shall include suchinformation and data as may be required by the Board, including (i) thecriteria set forth in subsection C; (ii) evidence of the cost savings to berealized by such consolidation; (iii) a plan for the transfer of title toschool board property to the resulting combined school board governing theconsolidated division; (iv) procedures and a schedule for the proposedconsolidation, including completion of current division superintendent andschool board member terms; (v) a plan for proportional school boardrepresentation of the localities comprising the new school division,including details regarding the appointment or election processes currentlyensuring such representation and other information as may be necessary toevidence compliance with federal and state laws governing voting rights; and(vi) evidence of local support for the proposed consolidation.

For five years following completion of such consolidation, the computation ofthe state and local share for an educational program meeting the standards ofquality for school divisions resulting from consolidations approved pursuantto this subsection shall be the lower composite index of local ability-to-payof the applicant school divisions, as provided in the appropriation act.

(Code 1950, § 22-30.1; 1978, c. 456; 1980, c. 559; 2004, c. 917.)