                                 CODE OF VIRGINIA

EDUCATIONAL TECHNOLOGY FOUNDATIONS AND PUBLIC SCHOOL FOUNDATIONS (§
22.1-212.2:2)

A. As used in this section:
			&#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.
			&#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.
			&#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.
			&#8220;Public school improvement project&#8221; means any project designed to
achieve an educational purpose that may be identified in Title 22.1.

B. 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.

C. Upon establishing or contracting with such nonstock, nonprofit corporation,
whether or not other organizations, school boards or persons are involved, a
school board shall:

   1. Review and approve the articles of incorporation and bylaws;

   2. Establish a system of accounting to protect public funds;

   3. 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;

   4. 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;

   5. Establish terms for the allocation of any profits or revenues between the
   school board and the corporation; and

   6. Take such other steps as may be necessary to comply with applicable law.

D. 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.

E. 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.

HISTORY: 1997, c. 863; 1999, cc. 456, 735; 2005, cc. 331, 450; 2011, c. 216.