                                 CODE OF VIRGINIA

ELECTION OF SCHOOL BOARD MEMBERS; ELECTION OF TIE BREAKER (§ 22.1-57.3)

A. If a majority of the qualified voters voting in such referendum vote in favor
of changing the method of selecting school board members to direct election by
the voters, then the members of the school board shall be elected by popular
vote. Elections of school board members in a county, city, or town shall be held
to coincide with the elections for members of the governing body of the county,
city, or town at the regular general election in November or the regular general
election in May, as the case may be.

B. The initial elected board shall consist of the same number of members as the
appointed school board it replaces, and the members shall be elected from the
established county or municipal election districts, at large, or a combination
thereof, on the same basis as the school board previously was appointed. If the
appointed school board being replaced has not been appointed either on an
at-large basis or on the basis of the established county or municipal election
districts, or a combination thereof, the members shall be elected at large
unless the governing body of the county, city, or town provides for the election
of school board members on the basis of the established county or municipal
election districts. If the appointed school board being replaced has been
appointed at large, the governing body of the county, city, or town may
establish school election districts for the election of school board members.
The governing body may provide for a locality-wide district, one or more
districts comprised of a part of the locality, or any combination thereof, and
for the apportionment of one or more school board members to any district.
			The terms of the members of the elected school board for any county, city, or
town shall be the same as the terms of the members of the governing body for the
county, city, or town. In any locality in which both the school board and the
governing body are elected from election districts, as opposed to being elected
wholly on an at-large basis, the elections of the school board member and
governing body member from each specific district shall be held simultaneously
except as otherwise provided in &#xA7;&#xA7; 22.1-57.3:1, 22.1-57.3:1.1, and
22.1-57.3:1.2.
			At the first election for members of the school board, so many members shall
be elected as there are members to be elected at the regular election for the
governing body. At each subsequent regular election for members of the governing
body, the same number of members of the school board shall be elected as the
number of members to be elected at the regular election to the governing body.
However, if the number of members on the school board differs from the number of
members of the governing body, the number of members elected to the school board
at the first and subsequent general election shall be either more or less than
the number of governing body members, as appropriate, to the end that the number
of members on the initial elected school board is the same as the number of
members on the appointed board being replaced.
			Except as provided in &#xA7;&#xA7; 22.1-57.3:1, 22.1-57.3:1.1, and
22.1-57.3:1.2, the terms of the members of the school board shall be staggered
only if the terms of the members of the governing body are staggered. If there
are more, or fewer, members on the school board than on the governing body, the
number of members to be elected to the school board at the first and subsequent
election for school board members shall be the number required to establish the
staggered term structure so that (i) a majority of the members of the school
board is elected at the same time as a majority of the members of the governing
body; (ii) if one-half of the governing body is being elected and the school
board has an even number of members, one-half of the members of the school board
is elected; (iii) if one-half of the governing body is being elected and the
school board has an odd number of members, the majority by one member of the
school board is elected at the first election and the remainder of the school
board is elected at the second election; or (iv) if a majority of the members of
the governing body is being elected and the school board has an even number of
members, one-half of the members of the school board is elected.
			If the school board is elected at large and the terms of the members of the
school board are staggered, the school board members to be replaced at the first
election shall include all appointed school board members whose appointive terms
are scheduled to expire on December 31 or on June 30, as the case may be, next
following the first election of county, city or town school board members. If
the number of school board members whose appointive terms are so scheduled to
expire is zero or less than the number of school board members to be elected at
the first election, the appointed school board members to be replaced at the
first election shall also include those whose appointive terms are scheduled to
expire next subsequent to the date on which the terms of office of the first
elected school board members will commence. If the appointive terms of more than
one school board member are scheduled to expire simultaneously, but less than
all of such members are to be replaced at the first election, then the identity
of such school board member or members to be replaced at the first election
shall be determined by a drawing held by the county or city electoral board at
least ten days prior to the last day for a person to qualify as a candidate for
school board member.
			In any case in which school board members are elected from election
districts, as opposed to being elected from the county, city, or town at large,
the election districts for the school board shall be coterminous with the
election districts for the county, city, or town governing body, except as may
be specifically provided for the election of school board members in a county,
city, or town in which the governing body is elected at large.

C. The terms of office for the school board members shall commence on January 1
or July 1, as the case may be, following their election. On December 31 or June
30, as the case may be, following the first election of county, city or town
school board members, the terms of office of the members of the school board in
office through appointment shall expire and the school board selection
commission, if there is one, shall be abolished. If the entire school board is
not elected at the first election of school board members, only the terms of the
appointed members being replaced shall so expire and the terms of the appointed
members being replaced at a subsequent election shall continue or be extended to
expire on December 31 or June 30, as appropriate, of the year of the election of
the school board members replacing them.

D. Except as otherwise provided herein, a vacancy in the office of any elected
school board member shall be filled pursuant to &#xA7;&#xA7; 24.2-226 and
24.2-228. In any county that has adopted the urban county executive form of
government and that has adopted an elected school board, any vacancy on the
elected school board shall be filled in accordance with the procedures set forth
in &#xA7; 15.2-802, mutatis mutandis. Notwithstanding any provision of law or
charter to the contrary, if no candidates file for election to a school board
office and no person who is qualified to hold the office is elected by write-in
votes, a vacancy shall be deemed to exist in the office as of January 1 or July
1, as the case may be, following the general election. For the purposes of this
subsection and Article 6 (&#xA7; 24.2-225 et seq.) of Chapter 2 of Title 24.2,
local school boards comprised of elected and appointed members shall be deemed
elected school boards.

E. In order to have their names placed on the ballot, all candidates shall be
nominated only by petition as provided by general law pursuant to &#xA7;
24.2-506.

F. For the purposes of this section, the election and term of the mayor or
chairman of the board of supervisors shall be deemed to be an election and term
of a member of the governing body of the municipality or county, respectively,
whether or not the mayor or chairman is deemed to be a member of the governing
body for any other purpose.

G. No employee of a school board shall be eligible to serve on the board with
whom he is employed.

H. Any elected school board may have a position of tie breaker for the purpose
of casting the deciding vote in cases of tie votes of the school board as
provided in &#xA7; 22.1-75. The position of tie breaker, if any, shall be held
by a qualified voter who is a resident of the county, city, or town and who
shall be elected in the same manner and for the same length of term as members
of the school board and at a general election at which members of the school
board are elected. A vacancy in the position of tie breaker shall be filled
pursuant to &#xA7;&#xA7; 24.2-226 and 24.2-228.

HISTORY: 1992, c. 594; 1993, c. 878; 1994, c. 723; 1996, c. 873; 2000, c. 1045;
2006, c. 29; 2007, c. 100; 2010, c. 95; 2011, c. 776; 2014, c. 772.