{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3119.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3119.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3119.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3119.html"}],"law_id":77094,"edition_id":1,"section_id":77094,"structure_id":16740,"section_number":"2.2-3119","catch_line":"Additional provisions applicable to school boards and employees of school boards; exceptions","history":"1987, Sp. Sess., c. 1, \u00a7 2.1-639.16; 1994, c. 758; 1995, c. 186; 1997, c. 84; 2001, c. 844; 2010, cc. 676, 759; 2011, c. 517; 2017, cc. 146, 515; 2018, cc. 483, 520; 2019, c. 641.","full_text":"A\n\nNotwithstanding any other provision of this chapter, it shall be unlawful for the school board of any county or city or of any town constituting a separate school division to employ or pay any teacher or other school board employee from the public funds, federal, state or local, or for a division superintendent to recommend to the school board the employment of any teacher or 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 of the school board.\n\t\t\tThis section shall apply to any person employed by any school board in the operation of the public free school system, adult education programs or any other program maintained and operated by a local county, city or town school board.B\n\nThis section shall not be construed to prohibit the employment, promotion, or transfer within a school division of any person within a relationship described in subsection A when such person:1\n\nHas been employed pursuant to a written contract with a school board or employed as a substitute teacher or teacher’s aide by a school board prior to the taking of office of any member of such board or division superintendent of schools; or2\n\nHas been employed pursuant to a written contract with a school board or employed as a substitute teacher or teacher’s aide by a school board prior to the inception of such relationship; or3\n\nWas employed by a school board at any time prior to June 10, 1994, and had been employed at any time as a teacher or other employee of any Virginia school board prior to the taking of office of any member of such school board or division superintendent of schools.C\n\nA person employed as a substitute teacher may not be employed to any greater extent than he was employed by the school board in the last full school year prior to the taking of office of such board member or division superintendent or to the inception of such relationship. The exceptions in subdivisions B 1, B 2, and B 3 shall apply only if the prior employment has been in the same school divisions where the employee and the superintendent or school board member now seek to serve simultaneously.D\n\nIf any member of the school board or any division superintendent knowingly violates these provisions, he shall be personally liable to refund to the local treasury any amounts paid in violation of this law, and the funds shall be recovered from the individual by action or suit in the name of the Commonwealth on the petition of the attorney for the Commonwealth. Recovered funds shall be paid into the local treasury for the use of the public schools.E\n\nThe provisions of this section shall not apply to employment by any school district 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 that (i) the member certifies that he had no involvement with the hiring decision and (ii) the superintendent certifies to the remaining members of the governing body in writing that the employment is based upon merit and fitness and the competitive rating of the qualifications of the individual and that no member of the board had any involvement with the hiring decision.F\n\nThe provisions of this section shall not apply to the employment by any school district of the father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law of any division superintendent, provided that (i) the superintendent certifies that he had no involvement with the hiring decision and (ii) the assistant superintendent certifies to the members of the governing body in writing that the employment is based upon merit and fitness and the competitive rating of the qualifications of the individual and that the superintendent of the division had no involvement with the hiring decision.","order_by":null,"text":{"0":{"id":276594,"text":"Notwithstanding any other provision of this chapter, it shall be unlawful for the school board of any county or city or of any town constituting a separate school division to employ or pay any teacher or other school board employee from the public funds, federal, state or local, or for a division superintendent to recommend to the school board the employment of any teacher or 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 of the school board.\n\t\t\tThis section shall apply to any person employed by any school board in the operation of the public free school system, adult education programs or any other program maintained and operated by a local county, city or town school board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276595,"text":"This section shall not be construed to prohibit the employment, promotion, or transfer within a school division of any person within a relationship described in subsection A when such person:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":276596,"text":"Has been employed pursuant to a written contract with a school board or employed as a substitute teacher or teacher’s aide by a school board prior to the taking of office of any member of such board or division superintendent of schools; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":276597,"text":"Has been employed pursuant to a written contract with a school board or employed as a substitute teacher or teacher’s aide by a school board prior to the inception of such relationship; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":276598,"text":"Was employed by a school board at any time prior to June 10, 1994, and had been employed at any time as a teacher or other employee of any Virginia school board prior to the taking of office of any member of such school board or division superintendent of schools.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":276599,"text":"A person employed as a substitute teacher may not be employed to any greater extent than he was employed by the school board in the last full school year prior to the taking of office of such board member or division superintendent or to the inception of such relationship. The exceptions in subdivisions B 1, B 2, and B 3 shall apply only if the prior employment has been in the same school divisions where the employee and the superintendent or school board member now seek to serve simultaneously.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":276600,"text":"If any member of the school board or any division superintendent knowingly violates these provisions, he shall be personally liable to refund to the local treasury any amounts paid in violation of this law, and the funds shall be recovered from the individual by action or suit in the name of the Commonwealth on the petition of the attorney for the Commonwealth. Recovered funds shall be paid into the local treasury for the use of the public schools.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":276601,"text":"The provisions of this section shall not apply to employment by any school district 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 that (i) the member certifies that he had no involvement with the hiring decision and (ii) the superintendent certifies to the remaining members of the governing body in writing that the employment is based upon merit and fitness and the competitive rating of the qualifications of the individual and that no member of the board had any involvement with the hiring decision.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":276602,"text":"The provisions of this section shall not apply to the employment by any school district of the father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law of any division superintendent, provided that (i) the superintendent certifies that he had no involvement with the hiring decision and (ii) the assistant superintendent certifies to the members of the governing body in writing that the employment is based upon merit and fitness and the competitive rating of the qualifications of the individual and that the superintendent of the division had no involvement with the hiring decision.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":16740,"edition_id":1,"name":"School Boards and Employees of School Boards","identifier":"6","label":"article","depth":5,"order_by":1,"parent_id":14113,"metadata":{},"date_created":"2026-06-26 04:38:03","date_modified":"2026-06-26 04:38:03","permalink":{"id":176159,"object_type":"structure","relational_id":16740,"identifier":"6","token":"2.2\/I\/E\/31\/6","url":"\/2.2\/I\/E\/31\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14113,"edition_id":1,"name":"State and Local Government Conflict of Interests Act","identifier":"31","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:46:54","date_modified":"2026-06-26 03:46:54","permalink":{"id":176023,"object_type":"structure","relational_id":14113,"identifier":"31","token":"2.2\/I\/E\/31","url":"\/2.2\/I\/E\/31\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77094,"structure_id":16740,"section_number":"2.2-3119","catch_line":"Additional provisions applicable to school boards and employees of school boards; exceptions","url":"\/2.2-3119\/","token":"2.2\/I\/E\/31\/6\/2.2-3119","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3119\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 758<\/a>; in 1995, chapter 186<\/a>; in 1997, chapter 84<\/a>; in 2001, chapter 844<\/a>; in 2010, chapters 676<\/a> and 759<\/a>; in 2011, chapter 517<\/a>; in 2017, chapters 146<\/a> and 515<\/a>; in 2018, chapters 483<\/a> and 520<\/a>; in 2019, chapter 641<\/a>.<\/p>","references":[{"id":68925,"section_number":"2.2-3120","catch_line":"Knowing violation of chapter a misdemeanor","order_by":null,"url":"\/2.2-3120\/"}],"refers_to":false,"permalink":{"id":176161,"object_type":"law","relational_id":77094,"identifier":"2.2-3119","token":"2.2\/I\/E\/31\/6\/2.2-3119","url":"\/2.2-3119\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3119\/","token":"2.2\/I\/E\/31\/6\/2.2-3119","dublin_core":{"Title":"Additional provisions applicable to school boards and employees of school boards; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3119","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of this chapter, it shall be unlawful for the school board of any county or city or of any town constituting a separate school division to employ or pay any teacher or other school board employee<\/span> from the public funds, federal, state or local, or for a division superintendent to recommend to the school board the employment of any teacher or other employee<\/span>, if the teacher or other employee<\/span> is the father, mother, brother, sister, spouse, son, daughter, son-in-law<\/span>, daughter-in-law<\/span>, sister-in-law<\/span> or brother-in-law<\/span> of the superintendent, or of any member of the school board.\n\t\t\tThis section shall apply to any person employed by any school board in the operation of the public free school system, adult education programs or any other program maintained and operated by a local county, city or town school board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> This section shall not be construed to prohibit the employment, promotion, or transfer within a school division of any person within a relationship described in subsection A when such person: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Has been employed pursuant to a written contract<\/span> with a school board or employed as a substitute teacher or teacher’s aide by a school board prior to the taking of office of any member of such board or division superintendent of schools; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Has been employed pursuant to a written contract<\/span> with a school board or employed as a substitute teacher or teacher’s aide by a school board prior to the inception of such relationship; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Was employed by a school board at any time prior to June 10, 1994, and had been employed at any time as a teacher or other employee<\/span> of any Virginia school board prior to the taking of office of any member of such school board or division superintendent of schools. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person employed as a substitute teacher may not be employed to any greater extent than he was employed by the school board in the last full school year prior to the taking of office of such board member or division superintendent or to the inception of such relationship. The exceptions in subdivisions B 1, B 2, and B 3 shall apply only if the prior employment has been in the same school divisions where the employee<\/span> and the superintendent or school board member now seek to serve simultaneously. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If any member of the school board or any division superintendent knowingly violates these provisions, he shall be personally liable to refund to the local treasury any amounts paid in violation of this law<\/span>, and the funds shall be recovered from the individual by action or suit in the name of the Commonwealth on the petition<\/span> of the attorney for the Commonwealth. Recovered funds shall be paid into the local treasury for the use of the public schools. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not apply to employment by any school district of the father, mother, brother, sister, spouse, son, daughter, son-in-law<\/span>, daughter-in-law<\/span>, sister-in-law<\/span>, or brother-in-law<\/span> of any member of the school board, provided that (i) the member certifies that he had no involvement with the hiring decision and (ii) the superintendent certifies to the remaining members of the governing body in writing that the employment is based upon merit and fitness and the competitive rating of the qualifications of the individual and that no member of the board had any involvement with the hiring decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of this section shall not apply to the employment by any school district of the father, mother, brother, sister, spouse, son, daughter, son-in-law<\/span>, daughter-in-law<\/span>, sister-in-law<\/span>, or brother-in-law<\/span> of any division superintendent, provided that (i) the superintendent certifies that he had no involvement with the hiring decision and (ii) the assistant superintendent certifies to the members of the governing body in writing that the employment is based upon merit and fitness and the competitive rating of the qualifications of the individual and that the superintendent of the division had no involvement with the hiring decision. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADDITIONAL PROVISIONS APPLICABLE TO SCHOOL BOARDS AND EMPLOYEES OF SCHOOL\nBOARDS; EXCEPTIONS (\u00a7 2.2-3119)\n\nA. Notwithstanding any other provision of this chapter, it shall be unlawful for\nthe school board of any county or city or of any town constituting a separate\nschool division to employ or pay any teacher or other school board employee from\nthe public funds, federal, state or local, or for a division superintendent to\nrecommend to the school board the employment of any teacher or other employee,\nif the teacher or other employee is the father, mother, brother, sister, spouse,\nson, daughter, son-in-law, daughter-in-law, sister-in-law or brother-in-law of\nthe superintendent, or of any member of the school board.\n\t\t\tThis section shall apply to any person employed by any school board in the\noperation of the public free school system, adult education programs or any\nother program maintained and operated by a local county, city or town school\nboard.\n\nB. This section shall not be construed to prohibit the employment, promotion, or\ntransfer within a school division of any person within a relationship described\nin subsection A when such person:\n\n 1. Has been employed pursuant to a written contract with a school board or\n employed as a substitute teacher or teacher’s aide by a school board\n prior to the taking of office of any member of such board or division\n superintendent of schools; or\n\n 2. Has been employed pursuant to a written contract with a school board or\n employed as a substitute teacher or teacher’s aide by a school board\n prior to the inception of such relationship; or\n\n 3. Was employed by a school board at any time prior to June 10, 1994, and had\n been employed at any time as a teacher or other employee of any Virginia\n school board prior to the taking of office of any member of such school board\n or division superintendent of schools.\n\nC. A person employed as a substitute teacher may not be employed to any greater\nextent than he was employed by the school board in the last full school year\nprior to the taking of office of such board member or division superintendent or\nto the inception of such relationship. The exceptions in subdivisions B 1, B 2,\nand B 3 shall apply only if the prior employment has been in the same school\ndivisions where the employee and the superintendent or school board member now\nseek to serve simultaneously.\n\nD. If any member of the school board or any division superintendent knowingly\nviolates these provisions, he shall be personally liable to refund to the local\ntreasury any amounts paid in violation of this law, and the funds shall be\nrecovered from the individual by action or suit in the name of the Commonwealth\non the petition of the attorney for the Commonwealth. Recovered funds shall be\npaid into the local treasury for the use of the public schools.\n\nE. The provisions of this section shall not apply to employment by any school\ndistrict of the father, mother, brother, sister, spouse, son, daughter,\nson-in-law, daughter-in-law, sister-in-law, or brother-in-law of any member of\nthe school board, provided that (i) the member certifies that he had no\ninvolvement with the hiring decision and (ii) the superintendent certifies to\nthe remaining members of the governing body in writing that the employment is\nbased upon merit and fitness and the competitive rating of the qualifications of\nthe individual and that no member of the board had any involvement with the\nhiring decision.\n\nF. The provisions of this section shall not apply to the employment by any\nschool district of the father, mother, brother, sister, spouse, son, daughter,\nson-in-law, daughter-in-law, sister-in-law, or brother-in-law of any division\nsuperintendent, provided that (i) the superintendent certifies that he had no\ninvolvement with the hiring decision and (ii) the assistant superintendent\ncertifies to the members of the governing body in writing that the employment is\nbased upon merit and fitness and the competitive rating of the qualifications of\nthe individual and that the superintendent of the division had no involvement\nwith the hiring decision.\n\nHISTORY: 1987, Sp. Sess., c. 1, \u00a7 2.1-639.16; 1994, c. 758; 1995, c. 186; 1997,\nc. 84; 2001, c. 844; 2010, cc. 676, 759; 2011, c. 517; 2017, cc. 146, 515; 2018,\ncc. 483, 520; 2019, c. 641.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}