EWP 2-1 Yr 1951 School Board Appropriation and Supervisory Power.pdf
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EWP 2-1 Yr 1951 School Board Appropriation and Supervisory Power.pdf
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Identifier
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ff7d4114491325f47c3c5f7952b19ecc
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281a31c3b264f938fd47a642a8954f9c
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9a9cbf50d048bb7b226a712494fc04d3
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Is Version Of
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EWP_2-1_Yr_1951_School_Board_Appropriation_and_Supervisory_Power.pdf
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Is Part Of
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Petitions
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Date Created
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2021-11-21 14:48:52 +0000
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12/28/03
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Format
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pdf
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Source
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/Volumes/Elements/EWP Files/source/Ingest One/2 Petitions Plans School Board and Districts/2-1_Superintendent_Memos/2-1_Yr_1951
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/Volumes/T7 Shield/EWP/Elements/EWP Files/OCR/Petitions/2-1_School_Board/2-2_Yr_1951/EWP_2-1_Yr_1951_School_Board_Appropriation_and_Supervisory_Power_ocr.pdf
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/Volumes/T7 Shield/EWP/Elements/EWP Files/OCR/Petitions/2-1_Superintendent_Memos/2-1_Yr_1951/EWP_2-1_Yr_1951_School_Board_Appropriation_and_Supervisory_Power_ocr.pdf
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Publisher
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Digitized by: Edwin Washington Project
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extracted text
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SCHOOL BUDGET PROBLEMS
Questions
After the Board of Supervisors makes a school appropriation to
what extent does the board have authority to supervise school expenditures?
Does the board make an appropriation for each item in the budget
or for the aggregate only?
Does the right exist for the school board to spend greater amounts
for some items than shown in its budget so long as a deficit does not
occur?
What is meant by "items" in the school budget?
The Law
Section 22-72
The school board shall have the following powers and duties:
(9) In general, to incur costs and expenses, but only the costs
and expenses of such items as are provided for in its budget without
the consent of the tax levying body.
Section 22-122
It shall be the duty of the division superintendent of schools
to prepare with the advise of the school board an estimate of the
for the
public schools.
amount of money which will be needed
These estimates shall be prepared on forms furnished by the State Board
and shall set up the amount of money necessary for overhead charges,
for instruction, for operation, for maintenance, for a reserve fund to
purchase new school busses, *** for auxiliary agencies, for miscellaneous,
for permanent capitalization, and such other headings or items as may be
necessary. The estimate so made shall show all necessary details***.
Section 22-120
No school board shall expend or contract to expend in any fiscal
year any sum of money in excess of the funds available for school
purposes for that fiscal year without the consent of the tax levying
body.
The Virginia Supreme Court
16a Va. 213--Scott - County School Board vs. Board of Supervisors
September 23, 1937
"This act clearly shows the legislative intent to place in the
hands of the board of supervisors the power and duty of supervising
school expenses."
NOTE: The opinion in this case seems to support the right of the
board of supervisors to delete or reduce individual budget items. But
the following case seems to disagree.
-2182 Va. 266--Board of Supervisors of Chesterfield County vs.
County School Board of Chesterfield County
January 24, 1944
This case revolved around the decision of the board of supervisors
to reduce an item in the school budget, namely, the supplement to the
salary of the division superintendent. The court held they could not
do so.
Ruling
"I am therefore of the opinion that the board of supervisors has
the right, within the limits prescribed by law, in their discretion to
fix the amount of money to be raised by local taxation at whatever amount
they see fit, but they are concerned only with the total amount of tax
to be levied and not with the individual items of the school budget,
except in so far as it helps them to determine the total amount of tax
to be levied. After the board of supervisors have appropriated money for
schools, The exclusive right to determine how this money shall be spent
is in the discretion of the school board, so long as they stay within the
limits set up in the budget."
Opinion of Attorney-General Almond - 1951
1. "It is my opinion that a school board must spend
the purposes and 'within the limits set up in the budget'"
2. "The word 'limits' must necessarily refer to the limits of the
individual items set up in the budget."
3. "Details of school budget is an integral part of the school
budget for the fiscal year beginning July 1, 1951".
money for
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Type
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OCR
