{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-212.2_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-212.2_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-212.2_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-212.2_2.html"}],"law_id":62730,"edition_id":1,"section_id":62730,"structure_id":12955,"section_number":"22.1-212.2:2","catch_line":"Educational technology foundations and public school foundations","history":"1997, c. 863; 1999, cc. 456, 735; 2005, cc. 331, 450; 2011, c. 216.","full_text":"A\n\nAs used in this section:\n\t\t\t&#8220;Educational technology&#8221; means any software, hardware, or other equipment or infrastructure or technical assistance or instruction in the use of such software, hardware or other equipment or infrastructure that may be required to implement a local school board&#8217;s approved plan for educational technology or the Board of Education&#8217;s comprehensive technology plan for Virginia described in &#xA7; 22.1-253.13:6.\n\t\t\t&#8220;Educational technology foundation&#8221; means a nonstock, nonprofit corporation, established for the express purpose of implementing a public\/private partnership to expand access to and improve the quality of educational technology in a school division.\n\t\t\t&#8220;Public school foundation&#8221; means a nonstock, nonprofit corporation, established for the express purpose of implementing a public\/private partnership to implement public school improvement projects approved by the local school board.\n\t\t\t&#8220;Public school improvement project&#8221; means any project designed to achieve an educational purpose that may be identified in Title 22.1.B\n\nAny school board may establish educational technology and public school foundations. Such foundations may be established directly by the school board or by the school board and other organizations or persons, on behalf of the school board by a third party, or through a contract with a corporation as defined in this section. Such foundations may be established as a cooperative regional effort by two or more school boards.C\n\nUpon establishing or contracting with such nonstock, nonprofit corporation, whether or not other organizations, school boards or persons are involved, a school board shall:1\n\nReview and approve the articles of incorporation and bylaws;2\n\nEstablish a system of accounting to protect public funds;3\n\nEstablish agreement that, upon dissolution of such corporation, any assets remaining after payment of just debts shall be transferred to and become the property of the school board or, if a regional effort, the procedure by which the property may be divided among the school boards;4\n\nRequire, in any instance in which the school board advances, contributes or loans funds to the corporation, that such contract shall provide for the posting of a bond with surety by the officers of such corporation conditioned to protect the rights of the school board;5\n\nEstablish terms for the allocation of any profits or revenues between the school board and the corporation; and6\n\nTake such other steps as may be necessary to comply with applicable law.D\n\nA school board may (i) advance, contribute or loan funds to such foundations and (ii) establish an escrow fund for the purpose of funding various educational technology projects, in the case of an educational technology foundation, or public school improvement projects approved by the local school board, in the case of a public school foundation.E\n\nA school board that makes purchases through its public school foundation or purchases educational technology through its educational technology foundation, either as may be established pursuant to this section shall be exempt from the provisions of the Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.), as provided in subdivision A 12 of &#xA7; 2.2-4343, except, relative to such purchases, the school board shall comply with the provisions of &#xA7; 2.2-4311 and &#xA7;&#xA7; 2.2-4367 through 2.2-4377.","order_by":null,"text":{"0":{"id":228719,"text":"As used in this section:\n\t\t\t&#8220;Educational technology&#8221; means any software, hardware, or other equipment or infrastructure or technical assistance or instruction in the use of such software, hardware or other equipment or infrastructure that may be required to implement a local school board&#8217;s approved plan for educational technology or the Board of Education&#8217;s comprehensive technology plan for Virginia described in &#xA7; 22.1-253.13:6.\n\t\t\t&#8220;Educational technology foundation&#8221; means a nonstock, nonprofit corporation, established for the express purpose of implementing a public\/private partnership to expand access to and improve the quality of educational technology in a school division.\n\t\t\t&#8220;Public school foundation&#8221; means a nonstock, nonprofit corporation, established for the express purpose of implementing a public\/private partnership to implement public school improvement projects approved by the local school board.\n\t\t\t&#8220;Public school improvement project&#8221; means any project designed to achieve an educational purpose that may be identified in Title 22.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":228720,"text":"Any school board may establish educational technology and public school foundations. Such foundations may be established directly by the school board or by the school board and other organizations or persons, on behalf of the school board by a third party, or through a contract with a corporation as defined in this section. Such foundations may be established as a cooperative regional effort by two or more school boards.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":228721,"text":"Upon establishing or contracting with such nonstock, nonprofit corporation, whether or not other organizations, school boards or persons are involved, a school board shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":228722,"text":"Review and approve the articles of incorporation and bylaws;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":228723,"text":"Establish a system of accounting to protect public funds;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":228724,"text":"Establish agreement that, upon dissolution of such corporation, any assets remaining after payment of just debts shall be transferred to and become the property of the school board or, if a regional effort, the procedure by which the property may be divided among the school boards;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":228725,"text":"Require, in any instance in which the school board advances, contributes or loans funds to the corporation, that such contract shall provide for the posting of a bond with surety by the officers of such corporation conditioned to protect the rights of the school board;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":228726,"text":"Establish terms for the allocation of any profits or revenues between the school board and the corporation; and","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":228727,"text":"Take such other steps as may be necessary to comply with applicable law.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"D"},"9":{"id":228728,"text":"A school board may (i) advance, contribute or loan funds to such foundations and (ii) establish an escrow fund for the purpose of funding various educational technology projects, in the case of an educational technology foundation, or public school improvement projects approved by the local school board, in the case of a public school foundation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C6","next_prefix":"E"},"10":{"id":228729,"text":"A school board that makes purchases through its public school foundation or purchases educational technology through its educational technology foundation, either as may be established pursuant to this section shall be exempt from the provisions of the Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.), as provided in subdivision A 12 of &#xA7; 2.2-4343, except, relative to such purchases, the school board shall comply with the provisions of &#xA7; 2.2-4311 and &#xA7;&#xA7; 2.2-4367 through 2.2-4377.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12955,"edition_id":1,"name":"Programs and Courses of Instruction Generally","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12954,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":181371,"object_type":"structure","relational_id":12955,"identifier":"1","token":"22.1\/13\/1","url":"\/22.1\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12954,"edition_id":1,"name":"Programs, Courses of Instruction and Textbooks","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":181369,"object_type":"structure","relational_id":12954,"identifier":"13","token":"22.1\/13","url":"\/22.1\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66514,"structure_id":12955,"section_number":"22.1-199","catch_line":"Kindergarten programs suitable for certain children","url":"\/22.1-199\/","token":"22.1\/13\/1\/22.1-199","metadata":false},{"id":80944,"structure_id":12955,"section_number":"22.1-199.1","catch_line":"Programs designed to promote educational opportunities","url":"\/22.1-199.1\/","token":"22.1\/13\/1\/22.1-199.1","metadata":false},{"id":86271,"structure_id":12955,"section_number":"22.1-199.2","catch_line":"Standards for remediation programs established","url":"\/22.1-199.2\/","token":"22.1\/13\/1\/22.1-199.2","metadata":false},{"id":87068,"structure_id":12955,"section_number":"22.1-199.3","catch_line":"Repealed","url":"\/22.1-199.3\/","token":"22.1\/13\/1\/22.1-199.3","metadata":false},{"id":61709,"structure_id":12955,"section_number":"22.1-199.4","catch_line":"At-Risk Student Academic Achievement Program and Fund","url":"\/22.1-199.4\/","token":"22.1\/13\/1\/22.1-199.4","metadata":false},{"id":79867,"structure_id":12955,"section_number":"22.1-199.5","catch_line":"After school programs for at-risk students","url":"\/22.1-199.5\/","token":"22.1\/13\/1\/22.1-199.5","metadata":false},{"id":58840,"structure_id":12955,"section_number":"22.1-199.6","catch_line":"Expired","url":"\/22.1-199.6\/","token":"22.1\/13\/1\/22.1-199.6","metadata":false},{"id":75210,"structure_id":12955,"section_number":"22.1-199.7","catch_line":"Community schools; 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policies and criteria for enrollment; data reporting","url":"\/22.1-207.9\/","token":"22.1\/13\/1\/22.1-207.9","metadata":false},{"id":80349,"structure_id":12955,"section_number":"22.1-208","catch_line":"Emphasis on moral education","url":"\/22.1-208\/","token":"22.1\/13\/1\/22.1-208","metadata":false},{"id":60130,"structure_id":12955,"section_number":"22.1-208.01","catch_line":"Character education required","url":"\/22.1-208.01\/","token":"22.1\/13\/1\/22.1-208.01","metadata":false},{"id":86697,"structure_id":12955,"section_number":"22.1-208.02","catch_line":"Culturally Relevant and Inclusive Education Practices Advisory Committee","url":"\/22.1-208.02\/","token":"22.1\/13\/1\/22.1-208.02","metadata":false},{"id":81402,"structure_id":12955,"section_number":"22.1-208.1","catch_line":"Repealed","url":"\/22.1-208.1\/","token":"22.1\/13\/1\/22.1-208.1","metadata":false},{"id":71582,"structure_id":12955,"section_number":"22.1-208.2:1.1","catch_line":"Repealed","url":"\/22.1-208.2_1.1\/","token":"22.1\/13\/1\/22.1-208.2_1.1","metadata":false},{"id":63237,"structure_id":12955,"section_number":"22.1-208.2:2","catch_line":"Repealed","url":"\/22.1-208.2_2\/","token":"22.1\/13\/1\/22.1-208.2_2","metadata":false},{"id":72973,"structure_id":12955,"section_number":"22.1-208.2:3","catch_line":"Repealed","url":"\/22.1-208.2_3\/","token":"22.1\/13\/1\/22.1-208.2_3","metadata":false},{"id":69555,"structure_id":12955,"section_number":"22.1-208.2:4","catch_line":"Expired","url":"\/22.1-208.2_4\/","token":"22.1\/13\/1\/22.1-208.2_4","metadata":false},{"id":65294,"structure_id":12955,"section_number":"22.1-209","catch_line":"Employment counseling and placement services","url":"\/22.1-209\/","token":"22.1\/13\/1\/22.1-209","metadata":false},{"id":54946,"structure_id":12955,"section_number":"22.1-209.01","catch_line":"Repealed","url":"\/22.1-209.01\/","token":"22.1\/13\/1\/22.1-209.01","metadata":false},{"id":66087,"structure_id":12955,"section_number":"22.1-209.1:10","catch_line":"Repealed","url":"\/22.1-209.1_10\/","token":"22.1\/13\/1\/22.1-209.1_10","metadata":false},{"id":70087,"structure_id":12955,"section_number":"22.1-209.1:2","catch_line":"Regional alternative education programs for certain students","url":"\/22.1-209.1_2\/","token":"22.1\/13\/1\/22.1-209.1_2","metadata":false},{"id":80592,"structure_id":12955,"section_number":"22.1-209.1:3","catch_line":"Advancement Via Individual Determination (AVID) Programs","url":"\/22.1-209.1_3\/","token":"22.1\/13\/1\/22.1-209.1_3","metadata":false},{"id":61260,"structure_id":12955,"section_number":"22.1-209.1:4","catch_line":"Repealed","url":"\/22.1-209.1_4\/","token":"22.1\/13\/1\/22.1-209.1_4","metadata":false},{"id":78686,"structure_id":12955,"section_number":"22.1-209.1:5","catch_line":"Expired","url":"\/22.1-209.1_5\/","token":"22.1\/13\/1\/22.1-209.1_5","metadata":false},{"id":85320,"structure_id":12955,"section_number":"22.1-209.1:6","catch_line":"Repealed","url":"\/22.1-209.1_6\/","token":"22.1\/13\/1\/22.1-209.1_6","metadata":false},{"id":62906,"structure_id":12955,"section_number":"22.1-209.1:7","catch_line":"Repealed","url":"\/22.1-209.1_7\/","token":"22.1\/13\/1\/22.1-209.1_7","metadata":false},{"id":71926,"structure_id":12955,"section_number":"22.1-209.1:8","catch_line":"Expired","url":"\/22.1-209.1_8\/","token":"22.1\/13\/1\/22.1-209.1_8","metadata":false},{"id":73685,"structure_id":12955,"section_number":"22.1-209.1:9","catch_line":"Repealed","url":"\/22.1-209.1_9\/","token":"22.1\/13\/1\/22.1-209.1_9","metadata":false},{"id":83112,"structure_id":12955,"section_number":"22.1-209.2","catch_line":"Programs and teachers in regional detention homes, certain local detention homes and state agencies and institutions","url":"\/22.1-209.2\/","token":"22.1\/13\/1\/22.1-209.2","metadata":false},{"id":77360,"structure_id":12955,"section_number":"22.1-210","catch_line":"Night schools","url":"\/22.1-210\/","token":"22.1\/13\/1\/22.1-210","metadata":false},{"id":61155,"structure_id":12955,"section_number":"22.1-211","catch_line":"Operation of vacation schools and summer camps by school boards","url":"\/22.1-211\/","token":"22.1\/13\/1\/22.1-211","metadata":false},{"id":69948,"structure_id":12955,"section_number":"22.1-211.1","catch_line":"(Expires July 1, 2027) Community Builders Pilot Program established; report","url":"\/22.1-211.1\/","token":"22.1\/13\/1\/22.1-211.1","metadata":false},{"id":85293,"structure_id":12955,"section_number":"22.1-212","catch_line":"Repealed","url":"\/22.1-212\/","token":"22.1\/13\/1\/22.1-212","metadata":false},{"id":78781,"structure_id":12955,"section_number":"22.1-212.1","catch_line":"Obligations of school boards","url":"\/22.1-212.1\/","token":"22.1\/13\/1\/22.1-212.1","metadata":false},{"id":73352,"structure_id":12955,"section_number":"22.1-212.1:1","catch_line":"Single-sex education","url":"\/22.1-212.1_1\/","token":"22.1\/13\/1\/22.1-212.1_1","metadata":false},{"id":59644,"structure_id":12955,"section_number":"22.1-212.1:2","catch_line":"Green schools program; education programs to promote waste reduction and resource efficiency","url":"\/22.1-212.1_2\/","token":"22.1\/13\/1\/22.1-212.1_2","metadata":false},{"id":58334,"structure_id":12955,"section_number":"22.1-212.2","catch_line":"Virtual Virginia","url":"\/22.1-212.2\/","token":"22.1\/13\/1\/22.1-212.2","metadata":false},{"id":68358,"structure_id":12955,"section_number":"22.1-212.2:1","catch_line":"Repealed","url":"\/22.1-212.2_1\/","token":"22.1\/13\/1\/22.1-212.2_1","metadata":false},{"id":62730,"structure_id":12955,"section_number":"22.1-212.2:2","catch_line":"Educational technology foundations and public school foundations","url":"\/22.1-212.2_2\/","token":"22.1\/13\/1\/22.1-212.2_2","metadata":false},{"id":75410,"structure_id":12955,"section_number":"22.1-212.2:3","catch_line":"Repealed","url":"\/22.1-212.2_3\/","token":"22.1\/13\/1\/22.1-212.2_3","metadata":false},{"id":63617,"structure_id":12955,"section_number":"22.1-212.2:4","catch_line":"Interscholastic athletics; student-athletes; compensation and representation for name, image, or likeness","url":"\/22.1-212.2_4\/","token":"22.1\/13\/1\/22.1-212.2_4","metadata":false}],"previous_section":{"id":68358,"structure_id":12955,"section_number":"22.1-212.2:1","catch_line":"Repealed","url":"\/22.1-212.2_1\/","token":"22.1\/13\/1\/22.1-212.2_1","metadata":false},"next_section":{"id":75410,"structure_id":12955,"section_number":"22.1-212.2:3","catch_line":"Repealed","url":"\/22.1-212.2_3\/","token":"22.1\/13\/1\/22.1-212.2_3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-212.2:2\/","history_text":"<p>This law was first created in 1997. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0863\">863<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 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 1999, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0456\">456<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0735\">735<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0331\">331<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0450\">450<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0216\">216<\/a>.<\/p>","references":[{"id":82043,"section_number":"15.2-1517","catch_line":"Insurance for employees and retired employees of localities and other local governmental entities; participation by certain volunteers","order_by":null,"url":"\/15.2-1517\/"},{"id":54190,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","order_by":null,"url":"\/2.2-4343\/"},{"id":76366,"section_number":"58.1-344.3","catch_line":"Voluntary contributions of refunds requirements","order_by":null,"url":"\/58.1-344.3\/"}],"refers_to":[{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":62578,"section_number":"2.2-4311","catch_line":"Employment discrimination by contractor prohibited; required contract provisions","order_by":null,"url":"\/2.2-4311\/"},{"id":54190,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","order_by":null,"url":"\/2.2-4343\/"},{"id":77165,"section_number":"2.2-4367","catch_line":"Purpose","order_by":null,"url":"\/2.2-4367\/"},{"id":72180,"section_number":"2.2-4377","catch_line":"Penalty for violation","order_by":null,"url":"\/2.2-4377\/"},{"id":73396,"section_number":"22.1-253.13:6","catch_line":"(Effective July 1, 2026) Standard 6. Planning and public involvement","order_by":null,"url":"\/22.1-253.13_6\/"}],"permalink":{"id":181697,"object_type":"law","relational_id":62730,"identifier":"22.1-212.2:2","token":"22.1\/13\/1\/22.1-212.2_2","url":"\/22.1-212.2_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-212.2_2\/","token":"22.1\/13\/1\/22.1-212.2_2","dublin_core":{"Title":"Educational technology foundations and public school foundations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-212.2:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this section:\n\t\t\t&#8220;Educational technology&#8221; means any software, hardware, or other equipment or infrastructure or technical assistance or instruction in the use of such software, hardware or other equipment or infrastructure that may be required to implement a local <span class=\"dictionary\">school board<\/span>&#8217;s approved plan for educational technology or the Board of Education&#8217;s comprehensive technology plan for Virginia described in &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Standard 6. Planning and public involvement\" href=\"\/22.1-253.13_6\/\">22.1-253.13:6<\/a>.\n\t\t\t&#8220;<span class=\"dictionary\">Educational technology foundation<\/span>&#8221; means a nonstock, nonprofit corporation, established for the express purpose of implementing a public\/private partnership to expand access to and improve the quality of educational technology in a school division.\n\t\t\t&#8220;<span class=\"dictionary\">Public school foundation<\/span>&#8221; means a nonstock, nonprofit corporation, established for the express purpose of implementing a public\/private partnership to implement <span class=\"dictionary\">public school improvement projects<\/span> approved by the local <span class=\"dictionary\">school board<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Public school improvement project<\/span>&#8221; means any project designed to achieve an educational purpose that may be identified in Title 22.1. <a id=\"paragraph-228719\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any <span class=\"dictionary\">school board<\/span> may establish educational technology and <span class=\"dictionary\">public school foundations<\/span>. Such foundations may be established directly by the <span class=\"dictionary\">school board<\/span> or by the <span class=\"dictionary\">school board<\/span> and other organizations or persons, on behalf of the <span class=\"dictionary\">school board<\/span> by a third <span class=\"dictionary\">party<\/span>, or through a <span class=\"dictionary\">contract<\/span> with a corporation as defined in this section. Such foundations may be established as a cooperative regional effort by two or more <span class=\"dictionary\">school boards<\/span>. <a id=\"paragraph-228720\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Upon establishing or contracting with such nonstock, nonprofit corporation, whether or not other organizations, <span class=\"dictionary\">school boards<\/span> or persons are involved, a <span class=\"dictionary\">school board<\/span> shall: <a id=\"paragraph-228721\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Review and approve the articles of incorporation and bylaws; <a id=\"paragraph-228722\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Establish a system of accounting to protect public funds; <a id=\"paragraph-228723\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Establish agreement that, upon dissolution of such corporation, any <span class=\"dictionary\">assets<\/span> remaining after payment of just debts shall be transferred to and become the property of the <span class=\"dictionary\">school board<\/span> or, if a regional effort, the procedure by which the property may be divided among the <span class=\"dictionary\">school boards<\/span>; <a id=\"paragraph-228724\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Require, in any instance in which the <span class=\"dictionary\">school board<\/span> advances, contributes or loans funds to the corporation, that such <span class=\"dictionary\">contract<\/span> shall provide for the posting of a <span class=\"dictionary\">bond<\/span> with <span class=\"dictionary\">surety<\/span> by the officers of such corporation conditioned to protect the rights of the <span class=\"dictionary\">school board<\/span>; <a id=\"paragraph-228725\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#C4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Establish terms for the allocation of any profits or revenues between the <span class=\"dictionary\">school board<\/span> and the corporation; and <a id=\"paragraph-228726\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#C5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Take such other steps as may be necessary to comply with applicable <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-228727\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#C6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A <span class=\"dictionary\">school board<\/span> may (i) advance, contribute or loan funds to such foundations and (ii) establish an escrow fund for the purpose of funding various educational technology projects, in the case of an <span class=\"dictionary\">educational technology foundation<\/span>, or <span class=\"dictionary\">public school improvement projects<\/span> approved by the local <span class=\"dictionary\">school board<\/span>, in the case of a <span class=\"dictionary\">public school foundation<\/span>. <a id=\"paragraph-228728\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> A <span class=\"dictionary\">school board<\/span> that makes purchases through its <span class=\"dictionary\">public school foundation<\/span> or purchases educational technology through its <span class=\"dictionary\">educational technology foundation<\/span>, either as may be established pursuant to this section shall be exempt from the provisions of the Virginia Public Procurement Act (&#xA7; <a class=\"law\" title=\"Short title; purpose; declaration of intent\" href=\"\/2.2-4300\/\">2.2-4300<\/a> et seq.), as provided in subdivision A 12 of &#xA7; <a class=\"law\" title=\"Exemption from operation of chapter for certain transactions\" href=\"\/2.2-4343\/\">2.2-4343<\/a>, except, relative to such purchases, the <span class=\"dictionary\">school board<\/span> shall comply with the provisions of &#xA7; <a class=\"law\" title=\"Employment discrimination by contractor prohibited; required contract provisions\" href=\"\/2.2-4311\/\">2.2-4311<\/a> and &#xA7;&#xA7; <a class=\"law\" title=\"Purpose\" href=\"\/2.2-4367\/\">2.2-4367<\/a> through <a class=\"law\" title=\"Penalty for violation\" href=\"\/2.2-4377\/\">2.2-4377<\/a>. <a id=\"paragraph-228729\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-212.2_2\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEDUCATIONAL TECHNOLOGY FOUNDATIONS AND PUBLIC SCHOOL FOUNDATIONS (\u00a7\n22.1-212.2:2)\n\nA. As used in this section:\n\t\t\t&#8220;Educational technology&#8221; means any software, hardware, or other\nequipment or infrastructure or technical assistance or instruction in the use of\nsuch software, hardware or other equipment or infrastructure that may be\nrequired to implement a local school board&#8217;s approved plan for educational\ntechnology or the Board of Education&#8217;s comprehensive technology plan for\nVirginia described in &#xA7; 22.1-253.13:6.\n\t\t\t&#8220;Educational technology foundation&#8221; means a nonstock, nonprofit\ncorporation, established for the express purpose of implementing a\npublic\/private partnership to expand access to and improve the quality of\neducational technology in a school division.\n\t\t\t&#8220;Public school foundation&#8221; means a nonstock, nonprofit\ncorporation, established for the express purpose of implementing a\npublic\/private partnership to implement public school improvement projects\napproved by the local school board.\n\t\t\t&#8220;Public school improvement project&#8221; means any project designed to\nachieve an educational purpose that may be identified in Title 22.1.\n\nB. Any school board may establish educational technology and public school\nfoundations. Such foundations may be established directly by the school board or\nby the school board and other organizations or persons, on behalf of the school\nboard by a third party, or through a contract with a corporation as defined in\nthis section. Such foundations may be established as a cooperative regional\neffort by two or more school boards.\n\nC. Upon establishing or contracting with such nonstock, nonprofit corporation,\nwhether or not other organizations, school boards or persons are involved, a\nschool board shall:\n\n   1. Review and approve the articles of incorporation and bylaws;\n\n   2. Establish a system of accounting to protect public funds;\n\n   3. Establish agreement that, upon dissolution of such corporation, any assets\n   remaining after payment of just debts shall be transferred to and become the\n   property of the school board or, if a regional effort, the procedure by which\n   the property may be divided among the school boards;\n\n   4. Require, in any instance in which the school board advances, contributes or\n   loans funds to the corporation, that such contract shall provide for the\n   posting of a bond with surety by the officers of such corporation conditioned\n   to protect the rights of the school board;\n\n   5. Establish terms for the allocation of any profits or revenues between the\n   school board and the corporation; and\n\n   6. Take such other steps as may be necessary to comply with applicable law.\n\nD. A school board may (i) advance, contribute or loan funds to such foundations\nand (ii) establish an escrow fund for the purpose of funding various educational\ntechnology projects, in the case of an educational technology foundation, or\npublic school improvement projects approved by the local school board, in the\ncase of a public school foundation.\n\nE. A school board that makes purchases through its public school foundation or\npurchases educational technology through its educational technology foundation,\neither as may be established pursuant to this section shall be exempt from the\nprovisions of the Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.), as\nprovided in subdivision A 12 of &#xA7; 2.2-4343, except, relative to such\npurchases, the school board shall comply with the provisions of &#xA7; 2.2-4311\nand &#xA7;&#xA7; 2.2-4367 through 2.2-4377.\n\nHISTORY: 1997, c. 863; 1999, cc. 456, 735; 2005, cc. 331, 450; 2011, c. 216.","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}}