CHAPTER 501

An Act to amend and reenact § 22-97, as amended, of the Code of Vir-
ginia, relating to the enumeration ‘of the powers and duties of school

boards.
[(S 157]
Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 22-97, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 22-97. Enumeration of powers and duties.—The city school board
shall have the following powers and duties:

(1) Rules and regulations.—To explain, enforce, and observe the
school laws, and to make rules for the government of the schools, and for
regulating the conduct of pupils going to and returning therefrom.

(2) Method of teaching and government employed.—To determine
the studies to be pursued, the methods of teaching, the government to be
employed in the schools, and the length of the school term.

(3) Employment and control of teachers.—To employ teachers on
recommendation of the division superintendent and to dismiss them when
delinquent, inefficient or in anywise unworthy of the position; provided,
that no school board shall employ or pay any teacher from the public funds
unless the teacher shall hold a certificate in full force, according to the
provisions of §§ 22-203 to 22-206. It shall also be unlawful for the school
board of any city, or any town constituting a separate school district, to
employ or pay any teacher or other school employee related by consan-
guinity or affinity as provided in § 22-206. The exceptions and other pro-
visions of that section shall apply to this section.
(4) Suspension or expulsion of pupils —To suspend or expel pupils
when the prosperity and efficiency of the school make it necessary.

(5) Free textbooks.—To decide what children, wishing to enter the
schools of the city, are entitled by reason of poverty of their parents or
guardians to receive textbooks free of charge and to provide for supplying
them accordingly.

(6) Establishment of high and normal schools.—To establish high
and normal schools and such other schools as may, in its judgment, be
necessary to the completeness and efficiency of the school system.

(7) Census.—To see that the census of children required in § 22-223
is taken within the proper time and in the proper manner.

(8) Meetings of board.—To hold regular meetings and to prescribe
when and how special meetings may be called.

(9) Meetings of people-—To call meetings of the people of the
city for consultation in regard to the school interests thereof, at which
meetings the chairman or some other member of the board shall preside
if present. .

(10) Schoolhouses and property.—To provide suitable schoolhouses,
with proper furniture and appliances, and to care for, manage, and control
the school property of the city. For these purposes it may lease, purchase,
or build such houses according to the exigencies of the city and the means
at its disposal. No schoolhouse shall be contracted for or erected until the
plans therefor shall have been submitted to and approved in writing by
the division superintendent of schools, and no public school shall be allowed
in any building which is not in such condition and provided with such
conveniences as are required by a due regard for decency and health; and
when a schoolhouse appears to the division superintendent of schools to be
unfit for occupancy, it shall be his duty to condemn the same, and imme-
diately to give notice thereof, in writing, to the chairman of the school
board, and thenceforth no public school shall be held therein, nor shall
any part of the State or city fund be applied to support any school in such
house until the division superintendent shall certify, in writing, to the
city school board that he is satisfied with the condition of such building,
and with the appliances pertaining thereto.

(11) Visiting schools.—To visit the public free schools within the
city, from time to time, and to take care that they are conducted according
to law, and with the utmost efficiency.

(12) Management and control of funds.—To manage and control the
funds of the city made available to the school board for public schools, to
provide for the pay of teachers and of the clerk of the board, for the cost
of providing school houses and the appurtenances thereto and the repairs
thereof, for school furniture and appliances, for necessary textbooks for
indigent children attending the public free schools, and for any other
expenses attending the administration of the public free school system,
A far as the same is under the control or at the charge of the school
officers.

(13) Approval and payment of claims.—To examine all claims
against the school board, and when approved, to order or authorize the
payment thereof. A record of such approval, order or authorization shall
be made in the proceedings of the board. Payment of each claim shall be
ordered or authorized by a warrant drawn on the treasurer or other officer
of the city charged by law with the responsibility for the receipt, custody
and disbursement of the funds made available to the school board of such
city. The warrant shall be signed by the chairman or vice chairman of the
board and countersigned by the clerk or deputy clerk thereof, payable to
the person or persons, firm or corporation entitled to receive such payment.
There shall be stated on the face of the warrant the purpose or service for
which such payment is drawn and also that such warrant is drawn pur-
suant to an order entered or authority granted by the board on the................
ay Of .uuc......cccccceccsseseees The warrant may be converted into a negotiable
check when the name of the bank upon which the funds stated in the
warrant are drawn or by which the check is to be paid is designated upon
its face and is signed by the treasurer, deputy treasurer or other officer
of the city charged by law with the responsibility for the receipt, custody
and disbursement of the funds of the city.

The board may, in its discretion, appoint an agent and a deputy agent
to act for the agent in his absence or inability to perform this duty by
resolution spread upon the record of its proceedings to examine and approve
such claims and, when approved by him or his deputy to order or authorize
the payment thereof. A record of such approval, order or authorization
shall be made and kept with the records of the board. Payment of each
such claim so examined and approved by such agent or his deputy shall
be ordered or authorized by a warrant drawn on the treasurer or other
officer of the city charged by law with the responsibility for the receipt,
custody, and disbursement of the funds made available to the school board
of the city. The warrant shall be signed by such agent or his deputy
and countersigned by the clerk or deputy clerk of the board, payable to the
person or persons, firm or corporation entitled to receive such payments;
provided, however, that when the agent appointed by the board is the
division superintendent of schools and the division superintendent and
clerk is one and the same person, all such warrants shall be countersigned
by the chairman or vice chairman of the board; provided further that when
the deputy agent and deputy clerk is one and the same person the warrant
shall be countersigned by either the clerk or the agent of the board. There
shall be stated on the face of the warrant the purpose or service for which
such payment is made and also that such warrant is drawn pursuant to
authority delegated to such agent or his deputy by the board on the ..........
ay Of ......cccccccccccsssssccssssees The warrant may be converted into a negotiable
check in the same manner as is prescribed herein for warrants ordered
or authorized to be drawn by the school board. The board shall require
such agent and his deputy to furnish the city a corporate surety bond
conditioned upon the faithful performance and discharge of the duties
herein assigned to each such official. The board shall fix the amount of such
bond or bonds and the premium therefor shall be paid out of the funds
made available to the school board of such city.

(14) Report of expenditures and estimate of necessary funds.—
It shall be the duty of the school board of every city, once in each year,
and oftener if deemed necessary, to submit to the council, in writing, a
classified report of all expenditures and a classified estimate of funds
deemed to be needed for the proper maintenance and growth of the public
schools of the city, and to request the council to make provisions by appro-
priation or levy pursuant to § 22-126, for the same.

(15) Other duties prescribed by State Board.—To perform such
other duties as shall be prescribed by the State Board or are imposed by
other parts of this title.

(16) Acquisition of land.—City school boards shall, in general, have
the same power in relation to the condemnation or purchase of land and
to the vesting of title thereof, and also in relation to the title to and man-
agement of property of any kind applicable to school purposes, whether
heretofore or hereafter set apart therefor, and however set apart, whether
by gift, grant, devise, or any other conveyance and from whatever source,
as county school boards have in the counties, and in addition thereto, they
shall have the further right and power to condemn not in excess of fifteen
acres of land for any one school when necessary for school purposes,
except that when dwellings or yards are invaded not more than five
acres may be condemned for any one school; provided, however, that the
school board of any city having a population of more than eighty-six
thousand and not more than ninety thousand and any city having a popu-
lation of more than seventy-five thousand but less than eight-seven thou-
sand, may have the right and power to condemn not in excess of forty-five
acres when necessary for school purposes. oo
(17) Consolidation of schools.—To provide for the consolidation
of schools whenever such procedure will contribute to the efficiency of
the school system.
2. An emergency exists and this act is in force from its passage.