School Boards Bill Rereferred to Senate Courts of Justice

January 30, 2018

SB 440 (Wexton) exempts elected local school boards from receiving prior authorization from their local governing body prior to instituting any legal action against another government body.

On January 29, the Senate rereferred the bill to the Courts of Justice Committee.

Action Required – Contact members of the Senate Courts of Justice Committee now to oppose SB 440. The bill has been placed on the January 31 agenda.


  • Currently, all school boards must receive authorization from their local governing body before instituting any legal action or expending any funds towards such legal action.
  • Most of the school boards – more than 82 percent – are elected and not appointed.
  • The bill is a dramatic policy change that affects most local governing bodies negatively, both financially and in their relationships and interactions with other governmental entities.
  • The local governing body is responsible for appropriation of funds to the school board and should be involved in this type of decision.


Senate Courts of Justice Committee: Obenshain (Chairman), Saslaw, Norment, Howell, Lucas, Edwards, McDougle, Stuart, Stanley, Reeves, Chafin, Deeds, Sturtevant, Petersen, Peake

VACo Contact: Chris McDonald, Esq.

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