Virginia Code
Va. Code Ann. § 22.1-28 (2026)
Supervision of schools in each division vested in school board
✓ current as of May 2026
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The supervision of schools in each school division shall be vested in a school board selected as provided in this chapter or as otherwise provided by law.
1980, c. 559.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1988–2025 · leading case: D.N. ex rel. Nolen v. Louisa Cnty. Pub. Schs., 156 F. Supp. 3d 767 (W.D. Va. 2016).
D.N. ex rel. Nolen v. Louisa Cnty. Pub. Schs., 156 F. Supp. 3d 767 (W.D. Va. 2016). “Va. Code Ann. § 22.1-28 . Virginia law also provides that “every such school board is declared a body corporate” and may sue or be sued.”
Bristol Virginia Sch. Bd. v. Quarles, 366 S.E.2d 82 (Va. 1988). “The School Board asserts that the court must sustain a school board’s decision “unless [the court] finds that the Board acted in bad faith, arbitrarily, capriciously or in abuse of its discretion, or that there is no substantial evidence to sustain the Board’s action.”
Tazewell Cnty. Sch. Bd. v. Gillenwater, 400 S.E.2d 199 (Va. 1991). “Gillenwater, however, argues that her statement of grievance identified two separate “grievable” issues: that her involuntary transfer was a direct act of reprisal for appealing her performance evaluation and that she was involuntarily transferred in violation of the School…”
Green v. Fairfax Cnty. Sch. Bd., 832 F. Supp. 1032 (E.D. Va. 1993). “VIII, § 7; Va.Code § 22.1-28; see also Bristol Virginia School Board v.”
Flickinger v. Sch. Bd. of City of Norfolk, Virginia, 799 F. Supp. 586 (E.D. Va. 1992). “See Va.Code Ann. §§ 22.1-28, 22.1-60, 22.1-70, 22.”
Cnty. Sch. Bd. of York Cnty. v. Epperson, 246 Va. 214 (Va. 1992). “VIII, § 7; Code § 22.1-28. Code § 22.1-295 provides: “The teachers in the public schools of a school division shall be employed and placed in appropriate schools by the school board upon recommendation of the *216 division superintendent.”
Heather Hogston Lambert v. Commonwealth of Virginia, 779 S.E.2d 871 (Va. Ct. App. 2015). “A school board has the authority to regulate actions of its teachers and to administer contractual penalties for a teacher’s failure to comply, see Code §§ 22.1-28, 22.1-313, but that authority does not extend to modifying the standards established by the General Assembly in a…”
Harnois v. Lamont, 83 Va. Cir. 473 (Norfolk Cir. Ct. 2011). “Code of Virginia §§ 22.1-28, 22.1-71. The wrong party has been sued.”
Monica Drasovean v. Steven Walts (Va. Ct. App. 2024). “; Code §§ 22.1-28, -79. Furthermore, its officials are “locally elected and appointed” as opposed to appointed by the Governor.”
Monica Drasovean v. Steven Walts (Va. Ct. App. 2024). “; Code §§ 22.1-28, -79. Furthermore, its officials are “locally elected and appointed” as opposed to appointed by the Governor.”
Monica Drasovean v. Steven Walts (Va. Ct. App. 2025). “Rather, school boards are created in each school division by Article VIII, § 7 of the Constitution and its implementing statute, Code § 22.1-28. School boards were created as arms of the State to carry out a critical State function: the education of the Commonwealth’s children.”
Fairfax Cnty. Sch. Bd. v. Faber, 75 Va. Cir. 290 (Fairfax Cir. Ct. 2008). “The fact that the General Assembly provided a means for a teacher to grieve the failure of a local school board to apply its own regulation or policy is entirely consistent with the Constitution of Virginia which states that “[t]he supervision of schools in each school division…”
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