                                 CODE OF VIRGINIA

HOW SCHOOL DIVISIONS MADE (§ 22.1-25)

A. The Board of Education shall divide the Commonwealth into school divisions of
such geographical area and school-age population as will promote the realization
of the standards of quality required by of Article VIII, Section 2 of the
Constitution of Virginia, subject to the following conditions:

   1. The school divisions as they exist on July 1, 1978, shall be and remain the
   school divisions of the Commonwealth until further action of the Board of
   Education taken in accordance with the provisions of this section except that
   when a town becomes an independent city, the town shall also become a school
   division.

   2. No school division shall be divided or consolidated without the consent of
   the school board thereof and the governing body of the county or city affected
   or, if a town comprises the school division, of the town council.

   3. No change shall be made in the composition of any school division if such
   change conflicts with any joint resolution expressing the sense of the General
   Assembly with respect thereto adopted at the session next following January 1
   of the year in which the composition of such school division is to be changed.

B. Notice of any change in the composition of a school division proposed by the
Board of Education shall be given by the Superintendent of Public Instruction,
on or before January 1 of the year in which the composition of such school
division is to be changed, to the clerks of the school board and of the
governing body involved and to each member of the General Assembly.

C. Subject to the conditions set forth in subsection A, the Board of Education
shall consider the following criteria in determining appropriate school
divisions:

   1. The school-age population of the school division proposed to be divided or
   consolidated.

   2. The potential of the proposed school division to facilitate the offering of
   a comprehensive program for kindergarten through grade 12 at the level of the
   established standards of quality.

   3. The potential of the proposed school division to promote efficiency in the
   use of school facilities and school personnel and economy in operation.

   4. Anticipated increase or decrease in the number of children of school age in
   the proposed school division.

   5. Geographical area and topographical features as they relate to existing or
   available transportation facilities designed to render reasonable access by
   pupils to existing or contemplated school facilities.

   6. The ability of each existing school division to meet the standards of
   quality with its own resources and facilities or in cooperation with another
   school division or divisions if arrangements for such cooperation have been
   made.

D. Consistent with the authority of the Board pursuant to Article VIII, Section
5 of the Constitution of Virginia to designate school divisions in the
Commonwealth of such geographic size and school-age population as will best
promote the realization of the standards of quality, local school boards may
submit proposals for the consolidation of school divisions to the Board of
Education. Prior to the submission of a consolidation proposal, the submitting
school board shall give notice to the public and shall conduct one or more
public hearings.
			School divisions submitting proposals for consolidation shall include such
information and data as may be necessary to support their proposal, including
(i) the criteria set forth in subsection C; (ii) evidence of the cost savings to
be realized by such consolidation; (iii) a plan for the transfer of title to
school board property to the resulting combined school board governing the
consolidated division; (iv) procedures and a schedule for the proposed
consolidation, including completion of current division superintendent and
school board member terms; (v) a plan for proportional school board
representation of the localities comprising the new school division, including
details regarding the appointment or election processes currently ensuring such
representation and other information as may be necessary to evidence compliance
with federal and state laws governing voting rights; and (vi) evidence of local
support for the proposed consolidation.
			For five years following completion of such consolidation, the computation of
the state and local share for an educational program meeting the standards of
quality for school divisions resulting from consolidations approved pursuant to
this subsection shall be the lower composite index of local ability-to-pay of
the applicant school divisions, as provided in the appropriation act.

HISTORY: Code 1950, § 22-30.1; 1978, c. 456; 1980, c. 559; 2004, c. 917; 2013,
cc. 644, 805; 2015, c. 369.