Va. Code » Title 22.1. Education » Chapter 7. General Powers and Duties of School Boards
Virginia Code

Va. Code Ann. § 22.1-87 (2026)

Judicial review

✓ current as of May 2026
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Any parent, custodian, or legal guardian of a pupil attending the public schools in a school division who is aggrieved by an action of the school board may, within thirty days after such action, petition the circuit court having jurisdiction in the school division to review the action of the school board. Such review shall proceed upon the petition, the minutes of the meeting at which the school board's action was taken, the orders, if any, of the school board, an attested copy of the transcript, if any, of any hearing before the school board, and any other evidence found relevant to the issues on appeal by the court. The action of the school board shall be sustained unless the school board exceeded its authority, acted arbitrarily or capriciously, or abused its discretion.

Code 1950, § 22-57; 1968, c. 139; 1980, c. 559; 1981, c. 229.

Notes of Decisions
Cited in 28 cases (3 in the last 5 years), 1983–2026 · leading case: Lafferty v. Sch. Bd. of Fairfax Cnty., 798 S.E.2d 164 (Va. 2017).
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Lafferty v. Sch. Bd. of Fairfax Cnty., 798 S.E.2d 164 (Va. 2017). · cites it 8× “" The Board filed a "Motion to Dismiss and Demurrer," arguing that the only statute that authorizes a court to determine whether a school board's actions comply with Virginia law is Code § 22.1-87 (permitting parties aggrieved by actions of the school board to seek review in a…”
Johnson v. Prince William Cnty. Sch. Bd., 404 S.E.2d 209 (Va. 1991). · cites it 12× “Pursuant to Code § 22.1-87, the Johnsons filed a petition for judicial review.”
Kirchgessner by & Through Kirchgessner v. Davis, 632 F. Supp. 616 (W.D. Va. 1986). · cites it 24× “First, Va. Code § 22.1-87 permits a person aggrieved by a decision of a school board to appeal the board’s action to a circuit court within thirty days of the decision.”
Amelia Cnty. Sch. Bd. v. Virginia Bd. of Educ., 661 F. Supp. 889 (E.D. Va. 1987). · cites it 9× “1985), indicated that appeals pursuant to Va.Code § 22.1-87 1 , in lieu of 20 U.S.C.”
Wood Ex Rel. Wood v. Henry Cnty. Pub. Schs., 495 S.E.2d 255 (Va. 1998). · cites it 4× “Brian, by and through his next friends, Larry and LaVonne Wood, filed a petition pursuant to Code § 22.1-87 3 against the Henry County Public Schools.”
Brian Davison v. Deborah Rose, 19 F.4th 626 (4th Cir. 2021). “Davison also had a number of post-deprivation remedies available to him, including several levels of administrative review, as well as state court review pursuant to Va. Code § 22.1-87. Davison had opportunities to discuss the no-trespass ban with Defendants, which he did in the…”
Montgomery v. Sch. Bd., 18 Va. Cir. 248 (Fairfax Cir. Ct. 1989). · cites it 13× “The Petitioners, proceeding under Va. Code § 22.1-87 (1985 Repl. Vol.), ask the Court to: (1) Overturn the vote of the School Board cast at a public meeting held on June 22, 1989, approving the teaching objectives recommended by the School Superintendent’s staff to continue…”
Woods v. Winchester Sch. Bd., 49 Va. Cir. 330 (Winchester Cir. Ct. 1999). · cites it 9× “Va. Code Ann. § 22.1-87 . Additionally, alleged violations of constitutional due process may be considered.”
Doe v. Fairfax Cnty. Sch. Bd., 384 F. Supp. 3d 598 (E.D. Va. 2019). “§ 22.1-87 ). At a hearing on December 14, 2018, the circuit court denied the Petition for Review, ruling that plaintiffs "failed to show that the School Board exceeded its authority, acted arbitrarily or capriciously, abused its discretion or violated any of John Doe 2's due…”
Bernstein Ex Rel. Bernstein v. Menard, 557 F. Supp. 92 (E.D. Va. 1983). · cites it 2× “Virginia Code § 22.1-87 provides: “any parent ... of a pupil .”
Beasley v. Sch. Bd. of Campbell Cnty., 367 S.E.2d 738 (Va. Ct. App. 1988). · cites it 2× “Schwartz involved a petition for judicial review filed in the circuit court under Code § 22.1-87 to determine whether the local school board properly had denied a request for religious exemption from compulsory public school attendance.”
Schwartz v. Highland Cnty. Sch. Bd., 346 S.E.2d 544 (Va. Ct. App. 1986). · cites it 2× “The Circuit Court of Highland County by order dated August 20, 1985, pursuant to a petition for judicial review under Code § 22.1-87, held that the school board had not exceeded its authority, acted arbitrarily or capriciously, or abused its discretion in denying a request by…”
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