                                 CODE OF VIRGINIA

ADDITIONAL PROVISIONS APPLICABLE TO SCHOOL BOARDS AND EMPLOYEES OF SCHOOL
BOARDS; EXCEPTIONS (§ 2.2-3119)

A. 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.
			This 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. 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:

   1. Has been employed pursuant to a written contract with a school board or
   employed as a substitute teacher or teacher&#8217;s aide by a school board
   prior to the taking of office of any member of such board or division
   superintendent of schools; or

   2. Has been employed pursuant to a written contract with a school board or
   employed as a substitute teacher or teacher&#8217;s aide by a school board
   prior to the inception of such relationship; or

   3. 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.

C. 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.

D. 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.

E. 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.

F. 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.

HISTORY: 1987, Sp. Sess., c. 1, § 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.