CHAPTER 391

An Act to amend the Code of Virginia by adding sections numbered
22-99.1 through 22-99.12, so as to provide on an optional basis for
school divisions composed of one or more counties or cities and one
or more counties or cities; to provide for composition, term of office,
compensation, powers and duties of the school board of such division;
to provide for the financial plan of operation of such division; to
provide for the dissolution thereof.

[fH 739]

Approved April 2, 1954
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding sections numbered
22-99.1 through 22-99.12 as follows:
§ 22-99.1. When the State Board of Education has created a school
division, composed of two or more counties or one or more counties with
one or more cities, the supervision of schools in any such school division
may be vested in a single school board under the conditions and provisions
as hereinafter set forth.

§ 22-99.2. The school boards of such counties, county and city or
counties and cities, composing such school division, by a majority vote,
may, with the approval of the governing bodies of such counties, or counties
and cities, and the State Board of Education, establish such division school
board in lieu of the school boards as at present constituted for the counties,
county and city or counties and cities of such school division. Provided,
however, that no such division shall be created which includes a county
in which there is located a town operating as a separate school district.

§ 22-99.3. Such division school board shall be composed of not less
than six nor more than nine trustees, with an equal number of members
from each county or city of the division and with a minimum board of
six members, who shall be appointed by the county board of supervisors
for a county and the city council for a city. Upon the creation of such
school division there shall be appointed by the appropriate appointing
bodies the required number of members to the division school board who
shall serve until the first day of July next following the creation of such
division. Within sixty days prior to that day each appointing body shall
appoint the required number of members of the division school board
as follows: 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. Within sixty days prior to the first
day of July in each and every year thereafter there shall be appointed
by the appropriate appointing 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 for their respective counties or
cities, whose terms expire on the thirtieth day of June in each such year.
The exact number of trustees for a county or city shall be determined
by the governing bodies concerned within the limits above provided. Any
vacancy occurring in the membership of the division school board from
any county or city shall be filled for the unexpired term by the appoint-
ing body of such county or city. 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-

reaker.

§ 22-99.4. The qualifications of members of such division school
board shall be the same as provided by law for county and city school
boards, except that any or all of said members may be appointed from a
county or city at large rather than by school districts, if deemed advisable
by the appointing body. The members of the division school board from
the counties or counties and cities shall have no organization and duties
except such as may be assigned to them by the board as a whole, nor shall
the board employ any of its members in any capacity.

§ 22-99.5. The members so appointed shall constitute the division
school board, and every such board is declared a body corporate, under
the style of the Division School Board Of. ..........0.0..0...0cccecceecccccecsesecscsseeeeteeneen Counties,
County and City or Counties and Cities, and may, in its corporate capacity,
sue and be sued, contract or be contracted with and, in general, is vested
with all the powers, and charged with all the duties, obligations and
responsibilties imposed upon county and city school boards as such by law.
§ 22-99.6. The annual salary of each member of such division school
board shall be determined and paid as now provided in § 22-67 for
county school boards, the provisions of the charter of any city concerned
to the contrary notwithstanding.

§ 22-99.7. The title to all school property in the school division shall
be vested in the division school board, as defined in § 22-99.5. The school
board of every county included in such school division and the city council
or the school board, whichever holds title to the school property of any
city included in such school division shall have the power to transfer
title to the school property of such county or city to the division school
board and no such division shall be created unless and until such transfer
is agreed to by each county or city in the division.

If, at the time a division school board is created, under the authority
of this section, the ownership of school property, real or personal, has
not been determined or the title thereto is in question, or there is a
dispute as to the ownership or title, then such question of ownership or
title may be determined before the formation of said school division, by
any participating division petitioning a court of equity in the jurisdiction
where the property or any part thereof lies to determine the title to said
property, and such adjudication of ownership or title shall be conclusive
thereafter.

§ 22-99.8. The financial plan of operation of the schools, including
submission of budgets and reports shall be governed by rules and regu-
lations promulgated by the State Board of Education.

§ 22-99.9. Expenditures for capital outlay purposes and incurring
indebtedness for the construction of school buildings shall be on a pro
rata basis based on enrollment of pupils or such other basis as may be
mutually agreed upon by the division school board with the approval of
the governing bodies of the participating counties and/or city.

§ 22-99.10. The fiscal agent for such division school board shall be
the treasurer of one of the participating counties and/or city, as mutually
agreed upon by the division school boards with the approval of the
governing bodies. In the event the local authorities cannot agree on the
selection of a fiscal agent, the State Board of Education shall designate
such fiscal agent. For his services as fiscal agent, the treasurer shall
be paid such salary as may be agreed upon by the division school board.
In the event the division board and the treasurer so designated cannot
agree on such compensation, then the amount of salary to be paid shall
be determined by a court of competent jurisdiction, and the amount so
fixed by the court or the judge thereof in vacation shall be binding upon
both the treasurer and the division school board. Provided that nothing
contained in this section shall affect the regular salary or expense allow-
ance of the treasurer as fixed annually by the State Compensation Board.

§ 22-99.11. The effective date for the formation of such division
school board and the supervision and operation of the schools in any school
division by such school board shall be as of the first day of July of a school
year, and the school boards as now constituted for the counties, or counties
and cities, in the school division shall cease to exist as of such effective date.

22-99.12. Effective as of the first day of July of any school year,
a division school board, may, by resolution adopted by a majority of its
members prior to the first day of May of the said school year, and with
the approval of a majority of the governing bodies of such counties or
cities concerned and the State Board of Education, be dissolved, and,
provided, that in the case of such dissolution a county school board for
each county and a city school board for each city of such division shall
be appointed in the manner and for the terms of office as provided hy law
for county and city school boards effective as of the date of such dis-
solution.
All school property, real and personal, the title to which is held by
the division schoo] board at the time of dissolution shall be transferred
to and vested in, by operation of law, the school boards of the participat-
ing counties and/or cities according to such distribution as may be
mutually agreed upon by the respective boards concerned or as deter-
mined by a court of competent jurisdiction as above set out.

Provided further, in the event of dissolution, if the respective school
boards cannot agree on the distribution of any balance in the division
school board fund or on the disposition of any outstanding bonded
indebtedness, or any other obligations, a court of competent jurisdiction
as above set out shall make such distribution.

An emergency exists and this act is in force from its passage.