2014 Virginia Code
Title 22.1 - Education
§ 22.1-27.1. (For applicability, see Editor's note) Opportunity Educational Institution and Board established; membership; terms; quorum; meetings; Executive Director; compensation

A. Upon finding that it is desirable for the intellectual, cultural, and occupational development of the people of the Commonwealth and to ensure that an educational program of high quality is established and continually maintained for all students throughout the Commonwealth, the statewide Opportunity Educational Institution (the Institution) is hereby established to provide an appropriate education for children attending any public elementary or secondary school that has been transferred to the Institution pursuant to this chapter. The Institution shall be administered and supervised by the Opportunity Educational Institution Board (the Board), which is hereby established as a policy board in the executive branch of state government.

B. The Board, in administering and supervising the Institution, shall be vested with all of the powers and duties of a local school board that are set forth in the Constitution of Virginia and this Code.

C. The Board shall consist of nine appointed members and ex officio members. Members shall be appointed as follows: two members of the House of Delegates, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; two members of the Senate, to be appointed by the Senate Committee on Rules; one nonlegislative citizen member who shall have experience with the turnaround of failing schools, one nonlegislative citizen member who shall be a former teacher, former principal, or former superintendent, and three nonlegislative citizen members who shall be citizens at large, to be appointed by the Governor and subject to confirmation by the General Assembly. The Secretary of Education or his designee and the Executive Director of the Institution shall serve ex officio with nonvoting privileges. The chairman of the school board, or his designee, in any school division in which a school has been transferred to the Institution shall serve ex officio with nonvoting privileges. Nonlegislative citizen members of the Board shall be citizens of the Commonwealth. Legislative members and ex officio members of the Board shall serve terms coincident with their terms of office.

Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. After the initial staggering of terms, nonlegislative members shall be appointed for a term of four years.

No House member shall serve more than four consecutive two-year terms, no Senate member shall serve more than two consecutive four-year terms, and no nonlegislative citizen member appointed by the Governor shall serve more than two consecutive four-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

D. The Board shall elect a chairman and vice-chairman from among its membership. The Board shall elect a secretary, who shall keep an accurate record of the proceedings of the Board and of the executive committee if one is created by the Board, and such other officers as the Board deems appropriate. A majority of the members shall constitute a quorum. The meetings of the Board shall be held at the call of the chairman or whenever the majority of the members so request.

E. The Governor shall appoint an Executive Director. The Executive Director shall employ or retain such agents or employees subordinate to the Executive Director as may be necessary to fulfill the duties of the Institution conferred upon the Executive Director, subject to the Board's approval. The selection, qualification, duties, and compensation of personnel of the Board, other than the Executive Director, shall be as determined by the Executive Director. Personnel of the Board shall be eligible for membership in the Virginia Retirement System and participation in all of the health and related insurance and other benefits, including premium conversion and flexible benefits, available to state employees as provided by law.

The Executive Director shall also exercise the powers and duties conferred upon the Institution as may be delegated to him by the Board, including powers and duties involving the exercise of discretion. The Executive Director shall also exercise and perform such other powers and duties as may be delegated to him or as may be conferred or imposed upon him by law.

F. Legislative members of the Board shall receive such compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of expenses of the members shall be provided from such funds as may be appropriated to the Board in accordance with the general appropriation act.

G. The Superintendent of Public Instruction shall designate two members of the staff of the Department of Education to assist the Board. One staff member shall be responsible for assisting on matters pertaining to instruction, federal and state special education requirements, and school accreditation. The second staff member shall be the Director of the Office of School Improvement.

2013, c. 805.