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Office of Attorney General Opinions - doe. - nestle and general mills

Opinions from the Office of the Virginia Attorney GeneralRevised April 30, 2020Section §2.2-505 of the Code of Virginia authorizes the Attorney General (AG) of Virginia to “give his advice and render official advisory opinions in writing only when requested in writing so to do by one of the following: the Governor; a member of the General Assembly; a judge of a court of record or a judge of a court not of record; the State Corporation Commission; an attorney for the Commonwealth; a county, city, or town attorney in those localities in which such office has been created; a clerk of a court of record; a city or county sheriff; a city or county treasurer or similar officer; a commissioner of the revenue or similar officer; a chairman or secretary of an electoral board; or the head of a state department, division, bureau, institution, or board.”Information on all Opinions, by the year, can be found on the Attorney General’s website. A search link is also available on that page.In addition, the Virginia Department of Education (VDOE) has posted Opinions relevant to public education and the general administration of public schools below. Opinions are listed by the date of issue and you can click on the Opinion number to view the entire Opinion. Where the Opinion does not have an assigned number, click on “PDF”.The information provided here is a resource. VDOE cannot provide legal advice. Please contact your school board attorney or your personal attorney if you have any legal questions.Please note that an Opinion, issued December 18, 1987 regarding the issuance of guardianship orders for purpose of public school enrollment, is included in the list below due to public interest in the topic. We have no other Opinions posted between December 18, 1987 and April 1996.IssuedOpinion No.SummaryMarch 202020-011Virginia State Code § 2.2-3708.2(A)(3) permits public bodies that are unable to assemble in person because of the unique characteristics of the COVID-19 virus to meet electronically to make decisions that must be made immediately and where failure to do so could result in irrevocable public harm. Whether any particular action by a public body fits within that description requires a fact-specific determination that should be made in consultation with that public body’s counsel. It is also my opinion that Code § 44-146.21 does not authorize local governing bodies to hold meetings solely by electronic communication during the pendency of the emergency, but that Code §?15.2-1413 provides additional authority for localities to ensure continuity of government during the declared emergency. Even when a public body is authorized to meet via electronic communication means, Virginia State Code § 2.2-3708.2(A)(3) details further procedural steps such bodies must take to comply with the Virginia Freedom of Information Act, including arrangements for public access to such meeting.December 201919-012While the two percent cap on increases in the rates of private day special education providers in the Appropriation Act is not expressly prohibited by federal law, Virginia local educational agencies must nevertheless take necessary steps to provide a free appropriate public education to all children with disabilities in accordance with federal and state law. April 201916-045Prior Attorney General opinions concluding that state and local law enforcement officers may not arrest individuals for civil violations of immigration law absent express federal authorization or direction remain valid. Virginia statutes do not preclude the implementation of voluntary agreements between the United States Attorney General and state or local law enforcement agencies entered pursuant to 8 U.S.C. § 1357(g). April 201918-050Prior Attorney General opinions concluding that state and local law enforcement officers may not arrest individuals for civil violations of immigration law absent express federal authorization or direction remain valid. Virginia statutes do not preclude the implementation of voluntary agreements between the United States Attorney General and state or local law enforcement agencies entered pursuant to 8 U.S.C. § 1357(g).March 201919-001Section 15.2-1627.5 of the Code of Virginia requires that a Commonwealth’s Attorney permit a representative of the local child protective services unit to participate in review meetings of the jurisdiction’s multidisciplinary child sexual abuse response team.January 201918-046Remedies for inequality in public education, whether arising from the poor condition of the school's physical plant or otherwise, are available under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution, the Civil Rights Act of 1964, the Equal Opportunities Act of 1974, and Title IX of the Education Amendments of 1972. Relief under these laws requires proof of unequal conditions arising from discrimination against a member of a suspect class, such as race or sex.While the Virginia Constitution establishes education as a fundamental right, it places the responsibility for funding the required educational program on the General Assembly. The General Assembly has elected to require localities to provide the majority of funding for the construction and improvement of public schools.November 201818-055A specific financing structure proposed for school construction that does not commit the city to make payments or appropriations, or to enter into any type of legal obligation, or to offer its full faith and credit will not constitute a debt of the city for purposes of the constitutional limitation on debt under Article VII, § 10(a) of the Virginia Constitution.September 201817-047The Dickenson County Board of Supervisors would not violate § 15.2-1812 by authorizing the demolition of Dickenson Memorial High School.August 201818-042The Virginia Department of Criminal Justice Services cannot lawfully issue a temporary or valid registration to teachers or other school personnel seeking appointment as armed special conservators of the peace with jurisdiction over public school grounds, as § 18.2-308.1 of the Code of Virginia limits possession of firearms on public school property for safety purposes to only those armed security personnel deemed to have met stringent training requirements, and such personnel do not include special conservators of the peace. November 201717-012A sheriff may assign a deputy to provide full-time security at a public facility such as a program for students that is operated by a community services board in cooperation with a local school system.April 201716-036The purchase of personal services under the Children's Services Act (the "CSA") may be exempt from certain competitive process requirements under the Virginia Public Procurement Act when personal services are purchase for individual recipients. However, the rates for individually contracted services must still be determined by competition in the market place. Contracts for the bulk procurement of services under the CSA are not exempt, but individually contracted personal services do not have to be bundled together to form a bulk purchase.January 201716-024An employer has statutory duty to notify VRS once it has determined that an employee was convicted of a felony associated with the performance of his job duties. An employer who relief on the former permissive language of Form VRS-180 in electing not to seek forfeiture must notify the VRS Board of its final determination that an employee was convicted of a felony associated with the performance of his job duties.December 201616-049A local school board has the duty and sole authority to select and appoint a temporary replacement for a member who has notified the board of his upcoming military deployment. After the member returns from deployment, he will return to his position on the school board, where he will serve the remainder of the term to which he was elected.August 201616-043In determining the eligibility of individuals who seek to stand for election to local office in the City of Richmond, 1) the City’s Electoral Board is required to determine, as a factual matter, whether a candidate for school board meets the statutory qualifications for office, at the time of the November 8 election; and 2) the City’s Electoral Board is not legally required to reexamine the signatures on all petitions submitted by candidates for office due to later changes in status of the voters who signed those petitions. Where the Electoral Board determines a candidate meets the statutory qualifications for office, the candidate’s name may be included on the ballot.June 201616-004Teachers in private preschools must possess teacher licenses in order to be paid with public funds. Lottery proceeds legally may be used to fund the Virginia Preschool Initiative in all nonsectarian preschools, subject only to such restrictions and requirements as may apply to public funding of those preschools.April 201615-020The Franklin City School Board's prohibitions against speakers discussing "specific personnel or student concerns" and identifying specific individuals during public comment periods may not constitutionally be applied so as to bar speakers from discussing specific schools employees or officials during these periods. The School Board's prohibition against all "personal attacks" is not constitutionally permissible.October 201515-047A prosecution for violating § 46.2-844 (passing a stopped school bus) which is based on a video monitoring system may not be initiated by mailing a summons.September 201515-004There are currently no legal requirements concerning the disposition of surplus funds by joint or regional schools. The governing board of each such school may adopt bylaws or rules of operation concerning such disposition, so long as the bylaws or rules are not inconsistent with applicable statutes or regulations. Having surplus funds revert pro rata to the participating local school divisions, and thence to the local governing bodies, would be consistent with law, but it is not legally required.March 201514-080The Dillon Rule does not prevent school boards from amending their antidiscrimination policies to prohibit discrimination on the basis of sexual orientation and gender identity. The power to protect students and employees from discrimination in the public school system is a power fairly implied from the express grant of authority to school boards under Article VIII, § 7 of the Constitution of Virginia and from the specific authority granted to boards by the General Assembly in §§ 22.1-28, 22.1-78, and 22.1-253.13:7(c)(3) of the Code of Virginia.July 201414-049The former school superintendent legally may not participate in the Supplemental Retirement Program under the facts presented. Further, the Board of Supervisors, in its sound discretion, may modify, discontinue, or elect not to make annual appropriations to the program.June 201414-019Although § 22.1-30 applies to school board appointments made by a school board selection commission, it prohibits only an appointment that is made while the relative is serving on the board of supervisors; therefore, § 22.1-30 does not preclude a school board member who was appointed prior to the election of the member’s spouse to the county’s board of supervisors from continuing to serve on the school board after his election.August 201313-052Local public school boards have authority over the care, management, and control of the property of the school division and as such are separate and apart from the local government, and the employees of the school board are not local government employees for purposes of § 15.2-915. Therefore, local school districts may prohibit an employee from storing a lawfully possessed firearm and ammunition in a locked motor vehicle on school district property.July 201313-042The local board of supervisors may provide school resource officers for the county’s private schools as well as the county’s public schools.July 201312-084If the local governing body made a lump sum appropriation to the school board for fiscal year 2011-2012 and a surplus resulted from debt service savings, then the school board may reallocate and spend those savings for other school needs. Nonetheless, whether a lump sum appropriation was made to the local school board depends upon the interpretation of a local ordinance, a practice from which this Office has traditionally abstained.June 201313-028The Loudoun County School Board does not currently have the legal authority to fund capital renovation costs for school property that it does not lease and which is fully owned and operated by the Fairfax County School Board.May 201312-096The provisions of § 22.1-287 of the Code of Virginia may be reconciled with those of the Family Educational Rights and Privacy Act (FERPA). Based upon the factual scenario described, the school superintendent possessed authority to rely upon FERPA provisions to deny access to a pupil’s records to a law enforcement officer seeking information in the course of his duties.October 201212-059Multiple localities and school boards may create a single voluntary, self-funded trust to insure health benefits for their employees and the families of their employees as a joint exercise of power.May 201211-144The limitations on the General Assembly’s appropriation powers contained in Article IV, § 16 and Article VIII, § 10 of the Constitution of Virginia do not preclude the enactment of statutes allowing tax credits that Virginia taxpayers may claim for making contributions to sectarian entities, nonprofit organizations not controlled by the Commonwealth, or to private schools not owned or controlled by the Commonwealth or one of its political subdivisions.September 201111-099A town councilman may serve on the county school board, provided all other eligibility requirements are met.August 201111-096The discussion of the business of the electoral board by two members of the Board constitutes a meeting of the board under the Freedom of Information (Act) that must be conducted in public and properly noticed as required by the Act. The transaction of public business includes conversations over the telephone involving "rescheduling board meetings, submitting agenda items, commenting on unapproved draft minutes of prior meetings," and other similar matters. Such matters, however, may be discussed via electronic mail. Electronic mail lacks the simultaneous feature of telephone meetings and therefore, does not constitute "meeting" under the Act.July 201111-071Under the plain language of § 22.1-30(A), a planning commission member is not precluded from being elected to, and serving on, a school board.May 201111-039The exception found in § 2.2-3119(E) applies to Franklin County, because it is a member of Planning District 12. Section 2.2-3119(E) can be harmonized with other statutes that require the school board to retain ultimate authority for hiring decisions. Section 2.2-3119(E) does not require the school board to forfeit that authority; rather, it requires the superintendent independently to reach a determination about the qualifications of an applicant who is married to or related to a school board member and to do so without any involvement of the school board in that hiring decision. Upon receiving the superintendent’s recommendation, the non-conflicted school board members then can vote on the applicant. The requirements of § 2.2-3119(E) are satisfied when a school board member recuses himself and certifies on the record that he had no involvement in the decision to hire his spouse or relative. Although the Code authorizes a Commonwealth’s Attorney or citizens to file suits for violations of the Conflicts Act, such a suit would be unsuccessful when the strictures of § 2.2-3119(E) are followed because no violation of the Act would have occurred. Finally, this Office is unable to conclude that § 2.2-3119(E) is unconstitutional, given the presumption of constitutionality of statutes and the highly deferential standard of review that would be applied to judicial scrutiny of this statute. March 201111-015Should two existing school divisions be consolidated, the Composite Index to be applied to the consolidated school division is the lower of the Composite Indices established for the two governmental entities, and the state funding for the consolidated school divisions should not be less than that achieved by this means for a period of five years.February 201111-003The authority to establish payroll dates for school division employees rests with the school board, but the Code of Virginia contemplates the establishment of regular payroll period and the mechanics of making the payments to schools rests with the treasurer of the locality. Also, § 22.1-116 is satisfied if the treasurer maintains separate internal accounts of the funds of the City and of the school division for accounting purposes; the treasurer is not required to maintain a separate bank account for school board funds.January 201110-121A local school board cannot impose a mandatory fee for taking the Advanced Placement (AP) Examination on students taking AP courses when the AP Examination is the required end-of-course examination.January 201110-122A school board can consolidate certain functions with a city or a county, but in doing so the school board may not abrogate its duties or compromise its independence with respect to its core responsibilities. Sufficient information, however, is lacking to determine whether the plan at issue would impermissibly result in the abrogation of the school board's duties and authority. Finally, outsourcing certain functions is permissible so long as school boards and localities comply with statutory and constitutional restrictions.December 201010-118A school board is solely responsible for the decision whether and how to consolidate schools, and a county board of supervisors may not instruct the school board to consolidate schools or how to consolidate schools.November 201010-105Searches and seizures of students' cellular phones and laptops are permitted when there is a reasonable suspicion that the student is violating the law or the rules of the school, and school officials should not share explicit materials depicting minors with other school personnel, but rather that the material should be brought to the attention of the appropriate law enforcement agents.November 201010-096A sheriff's office is permitted to assist a local school division with enforcing the compulsory attendance laws by serving notice of an upcoming meeting to the parents or custodians of a truant student, provided the local school board, division superintendent or the administration of a school has requested such assistance from the Sheriff.November 201010-049Based on the facts available, that the Board of Supervisors made an appropriation to the School Board and, therefore, did not have the authority to reduce an appropriation previously made.September 201010-085Because a school board consists of those persons who are "duly appointed or elected," a vacancy reduces the number of persons who are duly appointed or elected and, therefore, reduces the number of persons necessary to establish a quorum.September 201010-048An employee of the local school division may not serve on the school board of which she is an employee. An employee of the Department of Health may operate a consulting business that specializes in radon testing, as long as the employee does so during nonworking hours in a manner that does not conflict with his responsibilities to the Commonwealth, and the business does not conflict with any Department of Health policies governing outside employment.May 201010-034The Attorney General cannot conclude that Code § 22.1-79.1, which directs school boards to set the starting date for students after Labor Day, is unconstitutional.April 201010-014Charter agreement provision, about which you inquire, between City of Richmond School Board and Patrick Henry School of Science and Arts does not conflict with § 22.1212.14 (D). Insufficient factual background to determine whether disparity in per student funding exists and, if so, whether it would constitute impermissible disincentive.March 201010-016Local school board may not charge fee for transportation of students enrolled in specialty program located outside boundaries of student’s base school.March 201010-010Provision of charter agreement between City of Richmond School Board and Patrick Henry School of Science requiring Patrick Henry to make the building compliant with Americans with Disabilities Act does not conflict with § 22.1212.14(D).February 201010-001Charter of City of Newport News does not require that Newport News School Board rely on sole legal advice of City attorney; Board may retain its own counsel.July 200909-022Local school board may select and use textbooks that are not approved by Board of Education, provided it complies with Board’s regulations governing such selection. Local school board must give ‘official approval’ of criteria to be used for review and assessment of textbooks at local level. Attorney General declines to respond to factual determination of whether evaluation committee had ‘official approval.’July 200908-011Exemption for Commonwealth’s and assistant Commonwealth’s attorneys from general prohibitions on carrying concealed handguns, subject only to restrictions in § 18.2308(J1); may carry concealed handguns on school property. No specific prohibition against such individuals consuming alcohol while carrying concealed handguns; restricted by existing statute against being ‘under the influence’ of alcohol or illegal drugs. No presumption that General Assembly specifically considered issues analyzed in opinion when it enacted 2008 Amendments. Presumption that General Assembly is aware of Attorney General opinion; may amend statute to supersede opinion.March 200908-085School board, charged with responsibility to operate and supervise public schools, is appropriate arbiter to resolve dispute over transportation of pupils. Decision to permit two students to ride separate buses is not unreasonable or unlawful.January 200908-114Failure to give notice of meeting invalidates city council’s appointment of nominee to school board.January 200908-078Failure to give notice of meeting invalidates city council’s appointment of nominee to school board.July 200808-034When circumstances change, school board may revisit decision regarding consolidation of schools based on changed circumstances; unless amending or abandoning consolidation contributes to efficiency of school division, it is not proper factor for school board’s analysis. Whether planned consolidation or amendment or abandonment thereof contributes to school division efficiency is factual determination.March 200808-024Article X, § 7A of Constitution mandates that General Assembly establish Lottery Proceeds Fund, deposit net lottery proceeds into Fund, and appropriate amounts from Fund directly to counties, cities, and towns and school divisions thereof to be expended for purposes of public education. Absent affirmative vote of four-fifths of members voting in each house, any budget/appropriation item diverting lottery funds would be unconstitutional.March 200808-023Constitution mandates that General Assembly establish Lottery Proceeds Fund into which net lottery proceeds are deposited and appropriate amounts in that fund directly to counties, cities, and towns and school divisions thereof.February 200808-005Dickenson County school bus driver is employee of School Board not employee of County; school bus driver may serve on Dickenson County Industrial Development Authority.February 200807-095School board that employs janitors is pursuing governmental function for purposes of immunity from tort liability.August 200707-053Local school boards may not charge for transportation of students to and from school.June 200707-015Juvenile and domestic relations district courts have original, exclusive jurisdiction to determine custody matters. Court may award custody to nonparent when clear and convincing evidence shows that such determination is in best interests of child. Categories in § 22.13 regarding determination of residence in school district are not exclusive. School district may not refuse to provide free education to bona fide resident of school division based solely on such categories.January 200706-084Compliance with employee certification regarding prior criminal convictions is applicable to school board contracts for services where contractor or his employees reasonably could be expected to be in presence of students during school hours or during school-sponsored activities; whether particular contract is one for services that requires contractor or his employees to be in presence of students must be determined from terms of contract. School board must require certification information from subcontractors and their employees. Affected persons must certify that they have not been convicted of felonies or offenses involving sexual molestation, physical or sexual abuse or rape of child, and disclose convictions of crimes of moral turpitude. Whether certain crime involves moral turpitude depends on facts and nature of crime; crimes involving dishonesty do involve moral turpitude. Where contractor or relevant employee fails to meet certification requirements, contractor is not eligible for award of contract. Authority for school board to revoke contract in event of materially false certification; revocation of required license is within purview of licensing agency.January 200706-072No authority for York County School Board to prohibit possession of firearms at school board meetings that are not held on school property.December 200606-077No direct obligation for contractor to provide certification regarding prior criminal convictions for employees; award of contract subject to employees providing such certification. Local school board must require certification prior to award of covered contract to meet mandate of statute. Direct contact with students limited to contractor and employees making certification. Contractor’s employees added during contract period must provide certifications prior to direct contact with students. Local school board should rely on definition of ‘services’ in Virginia Public Procurement Act in determining scope of responsibilities under § 22.1-296.1(C). Natural or non-natural person is ‘contractor’ within meaning of § 22.1-296.1. Anyone having knowledge of materially false certification may report information to local school board, local law enforcement authorities, or appropriate Commonwealth’s attorney for prosecution; may also report to respective licensing agency. Whether certain crime involves moral turpitude depends on facts and nature of crime; crimes involving dishonesty do involve moral turpitude.November 200606-068No authority for school board to accept gift of construction services; may accept gift of services pursuant to Virginia State Government Volunteers Act and may impose reasonable conditions to make gift acceptable to board. Virginia Public Procurement Act does not apply to donation of services.February 200605-093No conflict between § 18.2-119 and §§ 24.2-307, 24.2-310(B), and 24.2-310.1; individual prohibited from entering school property may enter portion of school property designated as polling place solely for purpose of casting his vote.July 200505-044Fairfax County Public Schools instruction prohibiting principals and other staff members from speaking at private baccalaureate events as private citizens violates First Amendment rights of free speech.April 200504-094No authority for city or town to enact ordinances imposing civil or criminal penalty against parent for providing false residential information to enroll child in local school system and requiring parent to pay tuition or educational costs for such child. General Assembly may enact such enabling authority for city or town. Authority for local school system to adopt policy holding parent liable for tuition or educational costs for nonresident child.January 200504-090School board has authority to establish policies and procedures to enforce compulsory attendance law. Parent’s awareness and support of child’s absence from school does not allow repeated absenteeism, tardiness, or early departures.October 200404-074No express authority for school board to loan money to board of supervisors. School boards are subject to Dillon Rule and have only those powers that are expressly given and those that necessarily or fairly are implied from expressly granted powers.March 200404-009Authority for county board of supervisors to appoint tie breaker for county school board.March 200404-011School board may act as responsible public entity under Act. Authority of school board acting as responsible public entity to enter into comprehensive agreement only after receiving local governing body approval.January 200403-120Authority for Loudoun County School Board to lease 1883 schoolhouse and adjacent brick building to Loudoun Museum Inc., if leased property is used for benefit of school district and nominal lease is consistent with good business judgment and sound business principles. Question of whether nominal lease benefits school district and is consistent with good business judgment and sound business principles is question of fact to be resolved by School Board.October 200303-048Whether particular organization is ‘private, denominational, or parochial school’ under Virginia’s compulsory attendance statute requires factual review that is inappropriate for Attorney General.October 200303-083Authority for school board to discipline student who possesses unloaded firearm in locked vehicle trunk on school property or at school-sponsored activity.August 200303-041Authority for public charter school to contract with local school board, institution of higher education, or third party for use of building and grounds owned by limited liability company in which participant in charter school application has ownership interest. No authority for Board of Education to grant waiver should proposed contractual arrangement or individual’s ownership interest in limited liability company violate Conflict of Interests Act.April 200302-097Authority for school board to remove books from public school library for reasons such as pervasive vulgarity, educational unsuitability, or age inappropriateness; decision requires school board to make factual determination.December 200202-106School division coaches and other school personnel may render first aid to students when necessary. Unless such persons are certified athletic trainers, they may not employ physical modalities or tape students’ ankles or wrists in order to prevent or treat injuries or other physical conditions. Certified athletic trainers are responsible for actions of noncertified individuals acting under their supervision and direction; must ensure that such individuals do not perform functions requiring professional judgment or discretion of certified athletic trainers. School board that fails to hire certified athletic trainer is entitled to absolute sovereign immunity. Absent gross negligence, school board employees may be entitled to sovereign immunity for failure to hire certified athletic trainer.December 200202-119Parent may consent to drug testing for minor child and obtain results of nondiagnostic drug testing performed on minor child not receiving treatment for substance abuse.November 200202-089Fairfax County School Board has no authority to add sexual orientation as category in its nondiscrimination policy, absent enabling legislation.November 200202-099Authority for Chesapeake School Board, based on population count, to increase annual salary of its members to maximum paid to city council members, and annual salary of its chairman to maximum paid to city mayor, upon passage of motion in 2003 approving specific salaries of $25,000 and $27,000, respectively. July 1, 2004, is earliest date that such salary increases may be effective.August 200202-035Transference of authority for teacher licensure from Board of Education to independent licensure board is inconsistent with constitutional mandate charging Board with general supervision of Commonwealth’s school system.December 200100-111Duty of teacher or other school administrator who suspects (1) that 18-year-old student is having sexual relationship with 13- or 14-year-old student, or (2) that two students, who are minors and whose age difference falls within purview of § 18.2-63, are engaging in sexual conduct, to report knowledge of such activity to local department of social services for investigation.December 200101-095Town that is not separate school district and that imposed tax on town consumers of local cellular telecommunication service after January 1, 2000, has no authority to impose such tax.November 200101-089Law-enforcement officer conducting search as conservator of peace with special police powers acts in law-enforcement capacity seeking evidence of crime and must meet standard of probable cause of arrest to justify search. School searches conducted by school safety officer as school official must be reasonably based on individualized suspicion of wrongdoing; searches conducted by school safety officer as conservator of peace must be assessed in terms of probable cause.September 200101-075Buildings owned and used as schools by City of Hopewell are "public places" that may not be sold without recorded three-fourths affirmative vote of all members elected to city council.June 200101-025Discretionary authority of local law-enforcement authorities to share with public schools officials information concerning any offense committed by student(s) off school property on school bus, school property, or at school-sponsored activity that would be criminal offense if committed by adult.February 200101-008State school funding continues to be distributed to localities operating school system resulting from consolidation of separate systems only when such funds have been distributed to each locality prior to consolidation of governmental program or function. Joint school system operated by county and city and two school boards pursuant to written agreement did not result from consolidation of two separate systems. Consolidation will occur upon transition of city to town status, and current state school funding distribution will continue, in accordance with statutory schedule.December 200000-090Buildings owned and used as schools by City of Hopewell are "public places" that may not be sold without recorded three-fourths affirmative vote of all members elected to city council.November 200000-022Person with valid concealed weapons permit who carries gun to school and leaves it unattended, and not on his or her person, is in violation of statute prohibiting weapons possession on school property except when engaged in any of activities specifically exempted. Such person is not entitled to carry gun onto school property or school bus.October 200000-075Board of Education, and not Attorney General, has been delegated authority to determine whether Virginia law permits enrolled, full-time public school student to transfer credit for courses completed outside public school system that offers similar courses.July 200000-049Sharing information with schools about student offenses.July 200000-042Exemption from the Virginia Freedom of Information Act's open meeting requirement is not available to an elected school board to discuss performance and other related matters of individual board members.March 200000-002As opposed to prayer conducted in a public school context, opening sessions of legislative and deliberative public bodies with prayer is deeply embedded in history and the tradition of this country, does not present danger of establishing religion and is therefore constitutional. The audience to which prayer is directed consists of adults who presumably are not susceptible to religious indoctrination or peer pressure. A school board meeting is a meeting of adults with official business and policy making duties; it does not warrant constitutional scrutiny that an official public school function would warrant with regard to conducting prayer. Local school boards may open meetings with prayer.January 200099-103School board policy requiring drug testing of public school students and school board employees must be reasonable under Fourth Amendment standards and relatively unobtrusive. The interest of the school board in conducting such compulsory, suspicionless searches must be balanced against individual privacy interests. The balancing test focuses on (1) whether a pronounced drug problem exists within a targeted group, and if not, whether the experience of a pronounced drug problem is unnecessary to justify suspicionless testing; and (2) the magnitude of harm that could result from the use of illicit drugs. Reasonableness of any search depends on the facts of each particular case. January 200099-101The Fairfax County School Board lacks the authority to require parents to pay for testing and a treatment program as a condition to granting excused absences to pupils suspended for substance abuse. The Board of Education may not authorize a local school board to establish a program that conditions a suspended student’s participation in a program on the parents’ payment of costs of participation.January 200099-102School buses are exempt from the statutory requirement that a child under age four be properly secured in an approved child restraint device. Public school buses used to transport children in a Head Start program are not required to provide children under four with child safety seats regardless of whether such buses haveseat belts.November 199999-039The reasonableness of a sheriff’s use of drug-sniffing dogs to search the person of students attending public school depends on whether the facts support a suspicionless search that is relatively unobtrusive coupled with the government’s interest in conducting the search.October 199999-037Petersburg changed from an appointed to an elected school board. The change must have pre-clearance by the U.S. Department of Justice under the Voting Rights Act. Election of the school board from single-member election districts would require authorization from the General Assembly.April 1999PDFThe annual meeting at which each school board is required to elect a chairman from its membership falls within the purview of the Freedom of Information Act's definition of 'meeting' which must be open to the public. The list of personnel-related actions which a school board may discuss in executive session does not include an election. The local school board may not meet in executive session to discuss the selection of its chairman and vice-chairman. April 1999PDFA local school board is not permitted to inquire into, or require documentation to verify, a student applicant’s citizenship or visa status for the purpose of ascertaining whether the student is a bona fide resident qualified to attend a free public school in a school district.December 1998PDFNo statute establishes procedures to be followed by school board members and division superintendents in hiring school personnel. The extent of a school board member’s involvement in the preliminary stage of the hiring process depends on employment policies adopted by the board.December 1998PDFThe authority of school boards to lease real estate for a term equal to or longer than the life of repairs/improvements to the property suggests the intent to include long-term leases within the authorization. The school board is responsible for maintaining school buildings; the lessor may perform management and maintenance duties for the school facility only if selected pursuant to requirements of the Procurement Act or it the lease so provides. The school board may enter into a lease purchase agreement with a private entity for real estate, including a school building.November 1998PDFThe City of Colonial Heights must provide free public schooling to a student who resides with parent(s) in a house located in Chesterfield County on a lot bisected by the city and county school division boundaries.June 1998PDFLocal school divisions may not share the results of state police criminal records checks, fingerprinting, and sexual registry checks, regardless of whether the prospective school board approves.December 1997PDFA local school board must abide by the legislative mandate to allow transfer of credits earned in a private school or through home instruction toward award of a high school diploma, subject to conditions prescribed by the Board of Education. A local school board may not impose requirements inconsistent with the standards of accreditation promulgated by the board.September 1997PDFThe affirmative vote of the Richmond City School Board on June 20, 1996, to increase the salary of new term members was not authorized. The 1996 amendments applicable to school board salaries on and after July 1, 1996, do not apply to actions taken before that date.April 1997PDFAbsent clear statutory authority, a governing body may not assume control over construction of public schools or expenditure of funds for that purpose. Such body may review appropriations made to recipient agencies to ensure proper expenditure of public funds and may consolidate certain duplicative functions. The board of supervisors may not remove statutory authority of the school board to erect, furnish, and equip necessary school buildings; to manage and control funds made available to a school board for public schools; and to incur costs and expenses. November 1996PDFWhether early termination provisions of a particular school board lease are inconsistent with the requirement that the lease's terms be equal to or longer than the useful life of repairs or improvements to real property is a question of fact to be determined by the school board's counsel on a case-by-case basis and not by the AG. The requirement indicates legislative intent to assure that the public will receive the benefit of the expenditure of public funds by the school board, as lessee, to improve property. June 1996PDFA cellular telephone is not a portable communications device similar to a beeper,possession of which is prohibited on public or private school grounds.May 1996PDFA vacancy created by the resignation of a commission-appointed school boardmember following approval by qualified county voters to change to an electedschool board and after initial election of members to a school board composed ofboth elected and appointed members must be filled for the unexpired term byschool board selection commission.April 1996PDFFalls Church must provide free public schooling to a student who resides in a house in Fairfax County that is located on a residential lot partially within the city, whether or not another structure exists on a city residential tract. In determining residency for purposes or providing tuition-free schooling, the school board may consider the student's age and custody of the student.December 1987School officials may consider a guardianship order as evidence of bona fide residence for a child to be enrolled without tuition in the public schools, but may not require a guardianship order as the only evidence acceptable for such purposes. A clerk of the circuit court may deny a guardianship order which is sought solely for school attendance purposes. In addition, a circuit clerk may ascertain the suitability of the proposed guardians and appointments made pursuant to § 31-4 by reviewing all the evidence presented in the petition with the ultimate determination based on the best interest of the child.

What is the Nestlé Responsible Sourcing Standard? Our Nestlé Responsible Sourcing Standard (pdf, 2Mb) describes the requirements and ways of working that we apply together with our suppliers to ensure the sustainable long-term supply of materials and services to Nestlé.