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Counsel explains FOIA limits on board gatherings; board waives 30‑day notice on superintendent contract

June 02, 2025 | HALIFAX CO PBLC SCHS, School Districts, Virginia


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Counsel explains FOIA limits on board gatherings; board waives 30‑day notice on superintendent contract
Halifax County School Board legal counsel reviewed how Virginia’s open‑meeting law applies to board members and how individual members can request division records.

Counsel described two paths for board members to obtain district records: (1) request through the superintendent/administration, where the administration may ask for a stated educational purpose, or (2) make a records request as a private citizen under Virginia FOIA. Counsel said the latter path is broader and would allow access that the administration could not withhold solely because the requester is a board member.

On open‑meeting rules, counsel reminded members that the FOIA presumes a board meeting when three or more members gather to discuss school business, but that merely being together (for example, at graduation or in a store) is not a meeting unless school business is discussed.

The board then discussed Code §22.1‑60, a Virginia statute that requires 30 days’ notice to board members before a vote on a renegotiated superintendent contract unless the board unanimously waives the notice. Counsel and an outside attorney (Stacy Haney) had differing but converging interpretations: Haney advised the statute applies to renegotiations during an existing contract, while counsel said the better reading is that the 30‑day notice applies to mid‑contract renegotiations and not necessarily to the adoption of a wholly new contract when a contract is expiring.

After discussion the board moved and seconded a motion to waive the 30‑day notice for the current superintendent contract matter. The board conducted a voice vote; the chair called for “aye” and recorded at least one dissenting voice. The motion to waive the 30‑day notice was approved by voice vote.

Counsel recommended that, if the board wants extra legal certainty, it could intentionally record a waiver vote to create a clear record. No other formal changes to personnel contracts were made during the meeting.

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