TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Final Regulation
Titles of Regulations: 8VAC20-280. Jointly Owned and Operated Schools and Jointly Operated
Programs (repealing 8VAC20-280-10, 8VAC20-280-20).
8VAC20-281. Regulations Governing Jointly Owned and Operated Schools and Jointly Operated Programs (adding 8VAC20-281-10, 8VAC20-281-20, 8VAC20-281-30).
Statutory Authority: § 22.1-16 of the Code of
Virginia.
Effective Date: October 19, 2009.
Agency Contact: Dr. Margaret N. Roberts,
Office of Policy & Communications, Department of Education, P.O. Box 2120,
101 N. 14th St., 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, FAX
(804) 225-2524, or email margaret.roberts@doe.virginia.gov.
Summary:
The Regulations Governing
Jointly Owned and Operated Schools and Jointly Operated Programs were adopted
on or before September 1, 1980. These regulations have not been amended since
then and do not address changes made in these programs since that time. Joint
schools include academic-year Governor's schools, alternative education
centers, career and technical centers, and special education centers. In a
concurrent action, the Board of Education is repealing the text of the current
regulations (8VAC20-280) and promulgating new regulations (8VAC20-281).
Significant changes are made
to the original regulations. The first section is deleted because it is
primarily aspirational; the second section is reorganized, revised, and
streamlined; and a definitions section is added for clarity. The regulations
also make membership requirements of the governing board of the joint school
less restrictive and, in response to Chapter 45 of the 2007 Acts of Assembly,
specify that the fiscal agent of the school board can be selected from any of
the treasurers of the participating localities.
A new section is added to
the final regulation pursuant to Chapter 49 of the 2008 Act of Assembly
permitting any joint school already in operation to request a waiver from any
new regulation requirements promulgated, effective July 1, 2008.
Summary of Public Comments and Agency's
Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.
CHAPTER 281
REGULATIONS GOVERNING JOINTLY OWNED AND OPERATED SCHOOLS AND JOINTLY
OPERATED PROGRAMS
8VAC20-281-10. Definitions.
The following words and
terms apply only to these regulations and do not supersede those definitions
used for federal reporting purposes or for the calculation of costs related to
the Standards of Quality (§ 22.1-253.13:1 et seq. of the Code of Virginia).
When used in these regulations, these words shall have the following meanings,
unless the context clearly indicates otherwise:
[ "Alternative
education program" means any program designed to offer instruction to
students for whom the regular program of instruction may be inappropriate, as
defined in § 22.1-276.01 of the Code of Virginia, and as prescribed in the
Rules Governing Alternative Education (8VAC20-330).
"Classification of
expenditures" means a system of accounting for all school funds, as
prescribed in § 22.1-115 of the Code of Virginia.
"Finance officer"
means fiscal agent for the joint school. ]
"Fiscal agent"
means the treasurer of a county or city in which a joint school is physically
located or the treasurer from one of the participating localities as selected
by agreement of the participating local school boards with approval of the
participating local governing bodies. (See [ also "finance
officer" or ] "treasurer.")
"Joint board"
means the governing board of the joint school. The joint board is composed of
at least one member from each participating local school board.
"Joint school"
means a
[ program or school established by two or more local school boards,
including a regional public charter school, as defined in § 22.1-212.5 of the
Code of Virginia, or a comprehensive school offering part- or full-day programs
joint or regional school or program established by two or more local school
boards, pursuant to § 22.1-26 of the Code of Virginia, which may include but is
not limited to a regional public charter school, a regional residential charter
school, a regional academic year Governor's school, a regional career and
technical center, a regional special education program, or a regional
alternative education program as defined in § 22.1-209.1:2 of the Code of
Virginia ].
"Operation and
maintenance" means budget preparation, contracts for services, personnel
matters, use of or construction of a school building and grounds and the
operation and maintenance thereof, and the provision of any services, activity,
or undertaking that the joint school is required to perform in order to carry
out its educational program.
"Regional public
charter school" means a public charter school operated by two or more
school boards and chartered directly by the participating school boards, as
defined in § 22.1-212.5 of the Code of Virginia.
"Treasurer" means
the fiscal agent of the joint school, in accordance with § 58.1-3123 of the Code
of Virginia.
8VAC20-281-20. Organization
and operating procedures.
Two or more school boards,
by individual resolution, may establish a joint board to manage and control
schools or programs jointly owned and operated in accordance with the following
requirements:
1. Membership. The
membership of the joint board shall be composed of at least one member of each
of the local school boards participating in the joint program. Each school
board shall fill any vacancies in its membership on the joint board. If a
member of the joint board ceases to be a member of the school board that
elected him, the local school board shall appoint his successor to the joint
board. If at any time the number of members of the joint board shall fall below
a quorum, the local board shall appoint a member to fill the vacancy or
vacancies within 30 calendar days.
Members of the joint board
may receive compensation fixed by each of the participating school boards. This
compensation shall be paid by the local boards and shall not exceed the amount
paid for service on the local school boards.
The joint board shall adopt
bylaws or rules of operation and shall establish the length and beginning dates
or terms of its members and establish committees that might be needed to carry
out its responsibilities. Such bylaws shall address the receipt, custody, and
disbursement of funds and the payment of all claims related to the operation
and maintenance of the joint facility, consistent with the state statutes and
regulations of the Board of Education.
2. Organization. The joint
board shall elect from its membership a chairman who shall preside at its
meetings and a vice-chairman who shall preside in the absence of the chairman.
The joint board shall elect
a clerk and, if desired, a deputy clerk. Neither the clerk nor the deputy clerk
shall be a member of the joint board but shall keep record of the proceedings.
The compensation of the clerk and the deputy clerk shall be fixed by the joint
board. The clerk and the deputy clerk shall execute bond of at least $10,000,
as provided by § 22.1-76 of the Code of Virginia.
[ The joint board also shall
elect a finance officer, who shall have custody of its funds, fix the
compensation, and provide for bond. All disbursements shall be by warrant
signed by the clerk of the joint board and countersigned by the finance
officer. Through its finance officer, the joint board shall arrange for the
safe depository of the funds and, where necessary, see that sufficient
collateral is posted to secure such funds. ]
3. Authority. The joint
board shall be authorized to employ the staff required to operate the joint
school and programs; purchase supplies; purchase, sell, or dispose of equipment
or appliances; determine policies concerning instruction; approve the curriculum
in keeping with the general laws, and with the regulations and requirements of
the Virginia Board of Education; maintain jointly owned school buildings; and,
in general, manage, operate, and conduct joint schools and programs.
The title to all property acquired
for joint schools shall vest jointly in the participating school boards in such
respective proportions as the participating school boards may determine, and
the schools or programs shall be managed and controlled by the participating
school boards jointly. With the approval of the participating school boards and
the respective local governing bodies, title to property acquired for a joint
school shall be vested in the governing body of such school.
Except as otherwise
provided, all meetings and procedures of the joint board shall be in accordance
with provisions of §§ 22.1-72 through 22.1-75 of the Code of Virginia. Any
action by the joint board shall be deemed an action by the school boards
jointly owning such school.
4. Authority of the division
superintendent. The division superintendents representing the counties or
cities of the school boards that form the joint board shall constitute a
Committee of Superintendents and shall jointly exercise the same authority they
have in the counties or cities for which they are appointed. With the approval
of their respective school boards, the division superintendents may elect one
of their members as executive officer in whom may be vested such authority as
the superintendents may from time to time find advisable.
The Committee of
Superintendents shall prepare, with the advice and approval of the joint board,
an annual program plan, budget, and plan for financing the operation of the
joint school that would include appropriate state and local funding from each participating
school division. The financing plan shall include an estimate of the amount of
money that will be needed from each participating school system during the next
scholastic year for operation and maintenance of the joint school facility. The
estimate shall clearly show all necessary details and be provided in a timely
manner so that the participating school boards may be well-informed about every
item included in the estimate.
In case of disagreement, all
matters shall be referred to the joint board for resolution.
5. Budget and expenditures.
Each participating school board shall review and approve the annual budget
presented by the joint board and provide funds to cover its share of the cost
of operating and maintaining the joint school facility. The amount provided by
each participating school board shall be made available for expenditures by the
joint board as follows:
a. Funds to be provided by
participating school boards shall be made available to the joint board upon its
requests.
b. Funds to be provided on a
fee for service basis shall be paid to the joint board upon receipt of an
appropriate invoice.
On a regular monthly basis,
the clerk of the joint board shall transmit to the Committee of Superintendents
of the participating school boards an itemized statement of receipts and
disbursements during the preceding months, with a cumulative statement of all
receipts and disbursements since the beginning of the current fiscal year.
[ 8VAC20-281-30.
Waiver of regulations' requirements.
Effective July 1, 2008, a
joint school or program in operation prior to October 19, 2009, may request a
waiver of the new requirements of the regulations. This waiver request shall be
submitted to the Board of Education in a manner prescribed by the board. If the
Board of Education grants the waiver request, the approved school shall
continue to operate under the previous version of the regulations. ]
VA.R. Doc. No. R07-279;
Filed August 12, 2009, 10:15 a.m.