                                 CODE OF VIRGINIA

HOW COMPOSED; APPOINTMENT AND TERMS OF MEMBERS; VACANCIES; TIE BREAKER (§
22.1-53)

A. The school board of each school division to which the provisions of this
article are applicable shall be composed of no fewer than six nor more than nine
members, the exact number to be determined by the governing body of the county
or city if the school division is composed of less than one county or city or by
agreement of the governing bodies of the counties and cities in the school
division if composed of part or all of more than one county or city. Unless the
governing bodies of the counties and cities in a school division composed of
part or all of more than one county or city agree upon some other equitable and
reasonable criteria, the number of members of the school board from each county
and city or part thereof in the division shall be apportioned according to the
population in the school division of each such county or city or part thereof,
provided that each county or city shall have at least one member.

B. Within sixty days prior to the effective date for the formation of the
division school board, the governing body of each county and city or part
thereof in the school division shall appoint the required number of members of
the division school board from such county or city as follows: if there be one
member, he shall be appointed for a term of four years; if there be two members,
one shall be appointed for a term of two years and one for a term of four years;
if there be three members, one shall be appointed for a term of two years, one
for a term of three years, and one for a term of four years; if there be four
members, one shall be appointed for a term of one year, one for a term of two
years, one for a term of three years, and one for a term of four years; if there
be five members, one shall be appointed for a term of one year, one for a term
of two years, one for a term of three years and two for terms of four years; if
there be six members, one shall be appointed for a term of one year, one for a
term of two years, two for terms of three years and two for terms of four years.
Within sixty days prior to the first day of July in each and every year
thereafter, there shall be appointed by such governing body for a term of four
years beginning the first day of July next following their appointment,
successors to the members of the division school board appointed by it whose
terms expire on the thirtieth day of June in each such year. Any vacancy
occurring in the membership of the division school board shall be filled for the
unexpired term by the governing body appointing such member.

C. If each county or city in a division composed of part or all of more than one
county or city has an equal number of members, the governing bodies concerned
shall jointly select for a term of four years one person who shall be a member
of the division school board only for the purpose of voting in case of an equal
division of the regular members of the board on any question requiring the
action of such board. Such person shall be known as the tie breaker. If the
governing bodies are not able to agree as to the person who shall be the tie
breaker, then upon application by any of the governing bodies involved to a
circuit court having jurisdiction in such school division, the judge thereof
shall name the tie breaker and his decision shall be final.

HISTORY: Code 1950, § 22-100.3; 1954, c. 391; 1956, c. 671; 1971, Ex. Sess., c.
161; 1980, c. 559.