The school board may establish educational technology foundations for the express purpose of implementing a public/private partnership to expand access to and improve the quality of educational technology in the division. The school board may also establish public school foundations for the express purpose of implementing a public/private partnership to implement public school improvement projects approved by the school board. Such foundations may be established directly by the school board or by the school board and other organizations or persons, on behalf of the school board by a third party, or through a contract with a corporation as defined by Va. Code § 2.2-212.2:2. The foundations may be established as a cooperative regional effort with other school boards.


I.      Requirements


Upon establishing or contracting with a corporation, whether or not other organizations, school boards, or persons are involved, the school board shall:

·         Review and approve the articles of incorporation and bylaws

·         Establish a system of accounting to protect public funds

·         Establish agreement that, upon dissolution of the corporation, any assets remaining after payment of just debts shall be transferred to and become the property of the school board or, if a regional effort, the procedure by which the property may be divided among the school boards

·         Require, in any instance in which the school board advances, contributes or loans funds to the corporation, that such contract shall provide for the posting of a bond with surety by the officers of the corporation conditioned to protect the rights of the school board

·         Establish terms for the allocation of any profits or revenues between the school board and the corporation

·         Take such other steps as may be necessary to comply with applicable law


II.    Funding


The school board may (i) advance, contribute or loan funds to such foundations, and (ii) establish an escrow fund for the purpose of funding various educational technology projects.


III.   Procurement


In making purchases through its public school foundation or purchasing educational technology through its educational technology foundation, the school board is exempt from the Virginia Public Procurement Act, except, relative to such purchases, the school board shall comply with the provisions of Va. Code §§ 2.2-4311 and 2.2-4367 through 2.2-4377.


Adopted:          April 15, 2019



Legal Ref:       Code of Virginia, §§ 2.2-4311, 2.2-4343, 2.2-4367 through 2.2-4377, 22.1-212.2:2.


Cross Refs.:    JRCA              School Providers’ Use of Personal Information

KA                   Goals for School-Community Relations

                        KH                   Public Gifts to the Schools

                        KM                  Relations with Community Organizations

KQ                   Commercial, Promotional and Corporate Sponsorships and Partnerships