School board recesses into closed session under Virginia FOIA exemptions; certification follows

The Virginia Beach School Board voted to recess into closed session during the Feb. 2025 administrative workshop to discuss student-record matters and legal consultations.

Vice Chair Weems moved “that the school board recess into closed session in accordance with the exceptions to open meeting laws set forth in Code of Virginia §2.2-3711(A) paragraphs 2, 7, and 8” to permit discussion of student admission/disciplinary records, consultation with legal counsel on probable or pending litigation, and other legal advice. The motion named topics to be discussed in closed session, including pending student matters, review of VEC COVID claims, and the status of pending litigation or administrative cases. Mr. Cummings seconded the motion.

When the board voted to enter closed session, a roll-call exchange was recorded: a board member (Miss Dwyer) was asked how she voted and said, “No.” The clerk then stated, “So madam chair, we have 11 ayes,” and the board proceeded to recess to closed session. The transcript records the board reconvened later and completed a certification motion: School Board Member Melnick moved certification of the closed meeting and School Board Member Weems seconded; the clerk reported “we have 11 ayes for certification of closed.”

Why it matters: The motion invoked specific Virginia Code exemptions permitting the board to discuss individual student records and legal matters in private and the board later certified the closed session complied with statutory requirements. The record shows the motion, the named exemptions, and that the board recessed; the transcript includes a recorded “No” vote by a member at the entry vote and the clerk’s announcement of 11 ayes (the transcript contains both statements). The board did not disclose details of the closed-session discussions in the workshop’s public portion.

The board announced it would return for the formal meeting at 6 p.m.