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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>61249</law_id><section_number>22.1-166.1</section_number><catch_line>Loans to local school boards</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>22.1-167</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="11">Virginia Public School Authority</unit></structure><text>
						<section><p>The <span class="dictionary">Authority</span> is authorized to make loans or loan interest rate subsidy payments, from any of the funds of the <span class="dictionary">Authority</span> available for such purpose, to local <span class="dictionary">school boards</span> for the purpose of acquiring and installing capital projects for school purposes for which loans from the Literary Fund are not immediately available. For the purpose of this section and &#xA7;&#xA0;<a class="law" title="Grants to local school boards" href="/22.1-166.2/">22.1-166.2</a>, capital projects for school purposes shall mean motor vehicles and educational technology equipment.</p></section>
						<section id="A"><p><span class="prefix-number">A.</span> No loan from the <span class="dictionary">Authority</span> shall exceed 100 percent of the cost of the capital project for school purposes for which such loan is made. <a id="paragraph-223810" class="section-permalink" href="https://vacode.org/22.1-166.1/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> A loan from the <span class="dictionary">Authority</span> shall be evidenced by notes payable to the <span class="dictionary">Authority</span>, executed or signed by the chairman of the <span class="dictionary">school board</span>, with the approval of the <span class="dictionary">local governing body</span>, attested by the clerk thereof and deposited with the State Treasurer. Payments of interest and principal on such notes shall be made to the State Treasurer. Any loan from the <span class="dictionary">Authority</span> shall be repayable in installments as shall be approved by the local <span class="dictionary">school board</span>, as appropriate, with the final installment being due not more than thirty years after the date of such loan. The time of payment may be extended in the discretion of the <span class="dictionary">Authority</span>. <a id="paragraph-223811" class="section-permalink" href="https://vacode.org/22.1-166.1/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> The local governing bodies and the local <span class="dictionary">school boards</span> of the several school divisions are authorized to borrow money from the <span class="dictionary">Authority</span>, at such rate or rates, fixed or variable, as shall be approved by the local <span class="dictionary">school board</span>; any local <span class="dictionary">school board</span> to borrow from the <span class="dictionary">Authority</span> shall first make written application to the <span class="dictionary">Authority</span> for such loan on a form to be prescribed by the <span class="dictionary">Authority</span>. <a id="paragraph-223812" class="section-permalink" href="https://vacode.org/22.1-166.1/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> The governing body of any county, city, or town, if the town constitutes the school division, in which the local <span class="dictionary">school board</span> has borrowed money from the <span class="dictionary">Authority</span> shall include in its levies, and appropriate to the local <span class="dictionary">school board</span>, a fund sufficient to meet the liabilities of the local <span class="dictionary">school board</span> on such loan if and to the extent such liabilities are not otherwise provided for by the General Assembly. The governing body of any county in which the local <span class="dictionary">school board</span> has borrowed money from the <span class="dictionary">Authority</span> for capital projects located in a town in such county constituting a separate school division shall have <span class="dictionary">authority</span> to include, in its levies for such town, a <span class="dictionary">levy</span> sufficient to meet the liabilities of the local <span class="dictionary">school board</span> on such loan if and to the extent such liabilities are not otherwise provided for by the General Assembly and shall <span class="dictionary">levy</span> a separate tax in the rest of the county to meet its liabilities on any <span class="dictionary">contract</span> for capital projects outside such town. In the event that such local <span class="dictionary">school board</span> shall fail to pay any installment of interest or principal promptly, upon notice in writing to that effect from the State Treasurer, the county, city, or town treasurer shall pay to the State Treasurer any such past due installment of interest or principal out of the funds in his hands belonging to such county, city, or town. The failure of such governing body to provide for the payment of such loan or the interest thereon when and as due shall be deemed a cause for removal of the members thereof from office on <span class="dictionary">motion</span> before the <span class="dictionary">circuit</span> <span class="dictionary">court</span> having <span class="dictionary">jurisdiction</span> in such county, city, or town, instituted by the attorney for the Commonwealth of such county or city or by the <span class="dictionary">Attorney General</span> where the attorney for the Commonwealth refuses or neglects to act after demand on him to proceed. <a id="paragraph-223813" class="section-permalink" href="https://vacode.org/22.1-166.1/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> The local <span class="dictionary">school board</span> of any school division composed of part or all of a county, with the approval of the governing body of the county, is authorized to borrow from the <span class="dictionary">Authority</span> for the purpose of financing capital projects in such county to serve a portion of such county. Taxes on property in the magisterial districts served by such capital projects shall be levied by the governing body of the county and collected for the purpose of repaying such loan; for the purposes of this section, a magisterial district shall not include a town constituting a separate school division but the governing body of the county may <span class="dictionary">levy</span> a separate tax on property in a town in such county constituting a separate school division to repay money borrowed by such county from the <span class="dictionary">Authority</span> for the purpose of financing capital projects in such town. Except as otherwise provided by this subsection, all other provisions of <span class="dictionary">law</span> relating to loans from the <span class="dictionary">Authority</span> shall apply to a loan authorized by this subsection. <a id="paragraph-223814" class="section-permalink" href="https://vacode.org/22.1-166.1/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> Any local <span class="dictionary">school board</span> which is indebted for any money borrowed from the <span class="dictionary">Authority</span> may anticipate the payment of the principal amount of any such loans, or any part thereof, by the payment of such principal amount with interest thereon to the date of such anticipated payment and may borrow money and <span class="dictionary">issue</span> <span class="dictionary">bonds</span> for the purpose of raising funds to pay any notes or other obligations of the local <span class="dictionary">school board</span> now and hereafter held by the <span class="dictionary">Authority</span>. <a id="paragraph-223815" class="section-permalink" href="https://vacode.org/22.1-166.1/#F"><i class="fa fa-link"/></a></p></section></text><history>1990, c. 909.</history><metadata></metadata></law>
