{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-75.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-75.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-75.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-75.html"}],"law_id":86210,"edition_id":1,"section_id":86210,"structure_id":13368,"section_number":"22.1-75","catch_line":"Procedure in case of tie vote","history":"Code 1950, \u00a7 22-70; 1972, c. 129; 1980, c. 559; 1981, c. 246; 1995, c. 56; 2006, c. 29; 2007, c. 100; 2014, c. 772.","full_text":"In any case in which there is a tie vote of the school board of any school division when all the members are not present, the question shall be passed by until the next meeting when it shall again be voted upon even though all members are not present. In any case in which there is a tie vote on any question after complying with this procedure or in any case in which there is a tie vote when all the members of the school board are present, the proceedings thereon shall be in conformity with the proceedings prescribed below, except that the tie breaker, if any, appointed pursuant to \u00a7 15.2-410, 15.2-531, 15.2-837, 22.1-40, 22.1-44, or 22.1-47, or elected pursuant to \u00a7 15.2-627 or 22.1-57.3, whichever is applicable, shall cast the deciding vote.\n\t\tIn any case in which there is a tie vote of the school board, the clerk shall record the vote; immediately notify the tie breaker to vote; and request his presence, if practicable, at the present meeting of the board. However, if that is not practicable, the board may adjourn to a day fixed in the minutes of the board or, in case of a failure to agree on a day, to a day the clerk fixes and enters in the minutes. At the present meeting or on the day named in the minutes, the tie breaker shall attend. He shall be entitled to be fully advised on the matter upon which he is to vote. If not prepared to vote at the time, he may require the clerk to enter an order adjourning the meeting to some future day, not to exceed thirty days, to be named in the minutes. He may have continuances, not to exceed thirty days, entered until he is ready to vote. When he votes, the clerk shall record his vote; the tie shall be broken; and the question shall be decided as he votes. If a meeting for any reason is not held on the day named in the minutes, the clerk shall enter on the minute book a day within ten days as a substitute day and notify all the members, and this shall continue until a meeting is held. After a tie has occurred, the tie breaker shall be considered a member of the board for the purpose of counting a quorum for the sole purpose of breaking the tie.","order_by":null,"text":{"0":{"id":308811,"text":"In any case in which there is a tie vote of the school board of any school division when all the members are not present, the question shall be passed by until the next meeting when it shall again be voted upon even though all members are not present. In any case in which there is a tie vote on any question after complying with this procedure or in any case in which there is a tie vote when all the members of the school board are present, the proceedings thereon shall be in conformity with the proceedings prescribed below, except that the tie breaker, if any, appointed pursuant to \u00a7 15.2-410, 15.2-531, 15.2-837, 22.1-40, 22.1-44, or 22.1-47, or elected pursuant to \u00a7 15.2-627 or 22.1-57.3, whichever is applicable, shall cast the deciding vote.\n\t\tIn any case in which there is a tie vote of the school board, the clerk shall record the vote; immediately notify the tie breaker to vote; and request his presence, if practicable, at the present meeting of the board. However, if that is not practicable, the board may adjourn to a day fixed in the minutes of the board or, in case of a failure to agree on a day, to a day the clerk fixes and enters in the minutes. At the present meeting or on the day named in the minutes, the tie breaker shall attend. He shall be entitled to be fully advised on the matter upon which he is to vote. If not prepared to vote at the time, he may require the clerk to enter an order adjourning the meeting to some future day, not to exceed thirty days, to be named in the minutes. He may have continuances, not to exceed thirty days, entered until he is ready to vote. When he votes, the clerk shall record his vote; the tie shall be broken; and the question shall be decided as he votes. If a meeting for any reason is not held on the day named in the minutes, the clerk shall enter on the minute book a day within ten days as a substitute day and notify all the members, and this shall continue until a meeting is held. After a tie has occurred, the tie breaker shall be considered a member of the board for the purpose of counting a quorum for the sole purpose of breaking the tie.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13368,"edition_id":1,"name":"General Powers and Duties of School Boards","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:43","date_modified":"2026-06-26 03:44:43","permalink":{"id":184095,"object_type":"structure","relational_id":13368,"identifier":"7","token":"22.1\/7","url":"\/22.1\/7\/","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":56889,"structure_id":13368,"section_number":"22.1-71","catch_line":"School board constitutes body corporate; corporate powers","url":"\/22.1-71\/","token":"22.1\/7\/22.1-71","metadata":false},{"id":80856,"structure_id":13368,"section_number":"22.1-72","catch_line":"Annual organizational meetings of school boards","url":"\/22.1-72\/","token":"22.1\/7\/22.1-72","metadata":false},{"id":80333,"structure_id":13368,"section_number":"22.1-73","catch_line":"Quorum","url":"\/22.1-73\/","token":"22.1\/7\/22.1-73","metadata":false},{"id":78594,"structure_id":13368,"section_number":"22.1-74","catch_line":"Minutes of meetings","url":"\/22.1-74\/","token":"22.1\/7\/22.1-74","metadata":false},{"id":86210,"structure_id":13368,"section_number":"22.1-75","catch_line":"Procedure in case of tie vote","url":"\/22.1-75\/","token":"22.1\/7\/22.1-75","metadata":false},{"id":63104,"structure_id":13368,"section_number":"22.1-76","catch_line":"Chairman; clerk; vice-chairman; deputy clerk; terms; compensation and bonds of clerk and deputy clerk; officers ineligible to serve as clerk and deputy clerk; approval of division superintendent's designee","url":"\/22.1-76\/","token":"22.1\/7\/22.1-76","metadata":false},{"id":60823,"structure_id":13368,"section_number":"22.1-77","catch_line":"Duties of clerk","url":"\/22.1-77\/","token":"22.1\/7\/22.1-77","metadata":false},{"id":78612,"structure_id":13368,"section_number":"22.1-78","catch_line":"Bylaws and regulations","url":"\/22.1-78\/","token":"22.1\/7\/22.1-78","metadata":false},{"id":54343,"structure_id":13368,"section_number":"22.1-79","catch_line":"Powers and duties","url":"\/22.1-79\/","token":"22.1\/7\/22.1-79","metadata":false},{"id":66917,"structure_id":13368,"section_number":"22.1-79.1","catch_line":"Opening of the school year; approvals for certain alternative schedules","url":"\/22.1-79.1\/","token":"22.1\/7\/22.1-79.1","metadata":false},{"id":72475,"structure_id":13368,"section_number":"22.1-79.2","catch_line":"Uniforms in public schools; Board of Education guidelines","url":"\/22.1-79.2\/","token":"22.1\/7\/22.1-79.2","metadata":false},{"id":73078,"structure_id":13368,"section_number":"22.1-79.3","catch_line":"Policies regarding certain activities","url":"\/22.1-79.3\/","token":"22.1\/7\/22.1-79.3","metadata":false},{"id":60962,"structure_id":13368,"section_number":"22.1-79.3:1","catch_line":"Student cell phone and smart device possession and use policies; development and implementation","url":"\/22.1-79.3_1\/","token":"22.1\/7\/22.1-79.3_1","metadata":false},{"id":58943,"structure_id":13368,"section_number":"22.1-79.4","catch_line":"Threat assessment teams and oversight committees","url":"\/22.1-79.4\/","token":"22.1\/7\/22.1-79.4","metadata":false},{"id":81294,"structure_id":13368,"section_number":"22.1-79.5","catch_line":"Policy regarding retail tobacco products and hemp products intended for smoking","url":"\/22.1-79.5\/","token":"22.1\/7\/22.1-79.5","metadata":false},{"id":81218,"structure_id":13368,"section_number":"22.1-79.6","catch_line":"Employee lactation support policy","url":"\/22.1-79.6\/","token":"22.1\/7\/22.1-79.6","metadata":false},{"id":81408,"structure_id":13368,"section_number":"22.1-79.7","catch_line":"School meal policies; donations","url":"\/22.1-79.7\/","token":"22.1\/7\/22.1-79.7","metadata":false},{"id":63509,"structure_id":13368,"section_number":"22.1-79.7:1","catch_line":"School meals; availability to students","url":"\/22.1-79.7_1\/","token":"22.1\/7\/22.1-79.7_1","metadata":false},{"id":76207,"structure_id":13368,"section_number":"22.1-79.8","catch_line":"Policies regarding job assistance for certain persons","url":"\/22.1-79.8\/","token":"22.1\/7\/22.1-79.8","metadata":false},{"id":55052,"structure_id":13368,"section_number":"22.1-79.9","catch_line":"Promotion of broadband services for educational purposes","url":"\/22.1-79.9\/","token":"22.1\/7\/22.1-79.9","metadata":false},{"id":62073,"structure_id":13368,"section_number":"22.1-80","catch_line":"Development of park areas adjacent to public schools","url":"\/22.1-80\/","token":"22.1\/7\/22.1-80","metadata":false},{"id":66197,"structure_id":13368,"section_number":"22.1-81","catch_line":"Annual report","url":"\/22.1-81\/","token":"22.1\/7\/22.1-81","metadata":false},{"id":74871,"structure_id":13368,"section_number":"22.1-82","catch_line":"Employment of counsel to advise or defend school boards and officials; payment of costs, expenses and liabilities; consent of governing bodies required prior to institution of proceedings","url":"\/22.1-82\/","token":"22.1\/7\/22.1-82","metadata":false},{"id":61321,"structure_id":13368,"section_number":"22.1-83","catch_line":"Payment of employee's legal fees and expenses","url":"\/22.1-83\/","token":"22.1\/7\/22.1-83","metadata":false},{"id":58731,"structure_id":13368,"section_number":"22.1-84","catch_line":"Insurance","url":"\/22.1-84\/","token":"22.1\/7\/22.1-84","metadata":false},{"id":86141,"structure_id":13368,"section_number":"22.1-85","catch_line":"Fund for payment of hospital, medical, etc., services provided officers, employees and dependents","url":"\/22.1-85\/","token":"22.1\/7\/22.1-85","metadata":false},{"id":67471,"structure_id":13368,"section_number":"22.1-86","catch_line":"Meetings of people of school division; local committees","url":"\/22.1-86\/","token":"22.1\/7\/22.1-86","metadata":false},{"id":84284,"structure_id":13368,"section_number":"22.1-86.1","catch_line":"Appointment of student representatives to local school boards","url":"\/22.1-86.1\/","token":"22.1\/7\/22.1-86.1","metadata":false},{"id":57040,"structure_id":13368,"section_number":"22.1-87","catch_line":"Judicial review","url":"\/22.1-87\/","token":"22.1\/7\/22.1-87","metadata":false}],"previous_section":{"id":78594,"structure_id":13368,"section_number":"22.1-74","catch_line":"Minutes of meetings","url":"\/22.1-74\/","token":"22.1\/7\/22.1-74","metadata":false},"next_section":{"id":63104,"structure_id":13368,"section_number":"22.1-76","catch_line":"Chairman; clerk; vice-chairman; deputy clerk; terms; compensation and bonds of clerk and deputy clerk; officers ineligible to serve as clerk and deputy clerk; approval of division superintendent's designee","url":"\/22.1-76\/","token":"22.1\/7\/22.1-76","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-75\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1972, chapter 129; in 1980, chapter 559; in 1981, chapter 246; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0056\">56<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0029\">29<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0100\">100<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0772\">772<\/a>.<\/p>","references":[{"id":85576,"section_number":"15.2-410","catch_line":"County school board and division superintendent of schools","order_by":null,"url":"\/15.2-410\/"},{"id":56052,"section_number":"15.2-531","catch_line":"Department of education","order_by":null,"url":"\/15.2-531\/"},{"id":54602,"section_number":"15.2-627","catch_line":"Department of education","order_by":null,"url":"\/15.2-627\/"},{"id":75384,"section_number":"15.2-837","catch_line":"Department of education","order_by":null,"url":"\/15.2-837\/"},{"id":82481,"section_number":"22.1-40","catch_line":"Appointment of tie breaker","order_by":null,"url":"\/22.1-40\/"},{"id":60705,"section_number":"22.1-47","catch_line":"Composition of boards; appointment and terms; tie breakers","order_by":null,"url":"\/22.1-47\/"},{"id":84083,"section_number":"22.1-57.3","catch_line":"Election of school board members; election of tie breaker","order_by":null,"url":"\/22.1-57.3\/"}],"refers_to":[{"id":85576,"section_number":"15.2-410","catch_line":"County school board and division superintendent of schools","order_by":null,"url":"\/15.2-410\/"},{"id":56052,"section_number":"15.2-531","catch_line":"Department of education","order_by":null,"url":"\/15.2-531\/"},{"id":54602,"section_number":"15.2-627","catch_line":"Department of education","order_by":null,"url":"\/15.2-627\/"},{"id":75384,"section_number":"15.2-837","catch_line":"Department of education","order_by":null,"url":"\/15.2-837\/"},{"id":82481,"section_number":"22.1-40","catch_line":"Appointment of tie breaker","order_by":null,"url":"\/22.1-40\/"},{"id":60116,"section_number":"22.1-44","catch_line":"Appointment of school board members and tie breaker by county governing body; terms; vacancies","order_by":null,"url":"\/22.1-44\/"},{"id":60705,"section_number":"22.1-47","catch_line":"Composition of boards; appointment and terms; tie breakers","order_by":null,"url":"\/22.1-47\/"},{"id":84083,"section_number":"22.1-57.3","catch_line":"Election of school board members; election of tie breaker","order_by":null,"url":"\/22.1-57.3\/"}],"permalink":{"id":184113,"object_type":"law","relational_id":86210,"identifier":"22.1-75","token":"22.1\/7\/22.1-75","url":"\/22.1-75\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-75\/","token":"22.1\/7\/22.1-75","dublin_core":{"Title":"Procedure in case of tie vote","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-75","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any case in which there is a tie vote of the <span class=\"dictionary\">school board<\/span> of any school division when all the members are not present, the question shall be passed by until the next meeting when it shall again be voted upon even though all members are not present. In any case in which there is a tie vote on any question after complying with this procedure or in any case in which there is a tie vote when all the members of the <span class=\"dictionary\">school board<\/span> are present, the proceedings thereon shall be in conformity with the proceedings prescribed below, except that the tie breaker, if any, appointed pursuant to \u00a7&nbsp;<a class=\"law\" title=\"County school board and division superintendent of schools\" href=\"\/15.2-410\/\">15.2-410<\/a>, <a class=\"law\" title=\"Department of education\" href=\"\/15.2-531\/\">15.2-531<\/a>, <a class=\"law\" title=\"Department of education\" href=\"\/15.2-837\/\">15.2-837<\/a>, <a class=\"law\" title=\"Appointment of tie breaker\" href=\"\/22.1-40\/\">22.1-40<\/a>, <a class=\"law\" title=\"Appointment of school board members and tie breaker by county governing body; terms; vacancies\" href=\"\/22.1-44\/\">22.1-44<\/a>, or <a class=\"law\" title=\"Composition of boards; appointment and terms; tie breakers\" href=\"\/22.1-47\/\">22.1-47<\/a>, or elected pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Department of education\" href=\"\/15.2-627\/\">15.2-627<\/a> or <a class=\"law\" title=\"Election of school board members; election of tie breaker\" href=\"\/22.1-57.3\/\">22.1-57.3<\/a>, whichever is applicable, shall cast the deciding vote.\n\t\tIn any case in which there is a tie vote of the <span class=\"dictionary\">school board<\/span>, the clerk shall record the vote; immediately notify the tie breaker to vote; and request his presence, if practicable, at the present meeting of the board. However, if that is not practicable, the board may adjourn to a day fixed in the minutes of the board or, in case of a failure to agree on a day, to a day the clerk fixes and enters in the minutes. At the present meeting or on the day named in the minutes, the tie breaker shall attend. He shall be entitled to be fully advised on the matter upon which he is to vote. If not prepared to vote at the time, he may require the clerk to enter an <span class=\"dictionary\">order<\/span> adjourning the meeting to some future day, not to exceed thirty days, to be named in the minutes. He may have <span class=\"dictionary\">continuances<\/span>, not to exceed thirty days, entered until he is ready to vote. When he votes, the clerk shall record his vote; the tie shall be broken; and the question shall be decided as he votes. If a meeting for any reason is not held on the day named in the minutes, the clerk shall enter on the minute book a day within ten days as a substitute day and notify all the members, and this shall continue until a meeting is held. After a tie has occurred, the tie breaker shall be considered a member of the board for the purpose of counting a quorum for the sole purpose of breaking the tie.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROCEDURE IN CASE OF TIE VOTE (\u00a7 22.1-75)\n\nIn any case in which there is a tie vote of the school board of any school\ndivision when all the members are not present, the question shall be passed by\nuntil the next meeting when it shall again be voted upon even though all members\nare not present. In any case in which there is a tie vote on any question after\ncomplying with this procedure or in any case in which there is a tie vote when\nall the members of the school board are present, the proceedings thereon shall\nbe in conformity with the proceedings prescribed below, except that the tie\nbreaker, if any, appointed pursuant to \u00a7 15.2-410, 15.2-531, 15.2-837, 22.1-40,\n22.1-44, or 22.1-47, or elected pursuant to \u00a7 15.2-627 or 22.1-57.3, whichever\nis applicable, shall cast the deciding vote.\n\t\tIn any case in which there is a tie vote of the school board, the clerk shall\nrecord the vote; immediately notify the tie breaker to vote; and request his\npresence, if practicable, at the present meeting of the board. However, if that\nis not practicable, the board may adjourn to a day fixed in the minutes of the\nboard or, in case of a failure to agree on a day, to a day the clerk fixes and\nenters in the minutes. At the present meeting or on the day named in the\nminutes, the tie breaker shall attend. He shall be entitled to be fully advised\non the matter upon which he is to vote. If not prepared to vote at the time, he\nmay require the clerk to enter an order adjourning the meeting to some future\nday, not to exceed thirty days, to be named in the minutes. He may have\ncontinuances, not to exceed thirty days, entered until he is ready to vote. When\nhe votes, the clerk shall record his vote; the tie shall be broken; and the\nquestion shall be decided as he votes. If a meeting for any reason is not held\non the day named in the minutes, the clerk shall enter on the minute book a day\nwithin ten days as a substitute day and notify all the members, and this shall\ncontinue until a meeting is held. After a tie has occurred, the tie breaker\nshall be considered a member of the board for the purpose of counting a quorum\nfor the sole purpose of breaking the tie.\n\nHISTORY: Code 1950, \u00a7 22-70; 1972, c. 129; 1980, c. 559; 1981, c. 246; 1995, c.\n56; 2006, c. 29; 2007, c. 100; 2014, c. 772.","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}}