Can a Virginia school board arm teachers by getting them appointed as special conservators of the peace?

Plain-English summary

The Lee County School Board voted in 2018 to ask the circuit court to appoint public school teachers and staff as "special conservators of the peace" (SCOPs) so they could carry firearms on school grounds. Under Code § 19.2-13, a circuit court can appoint someone as a SCOP if they have a valid DCJS registration and there is a showing of necessity for the security of property or the peace. Lee County School Board employees applied to DCJS for the prerequisite temporary registration. DCJS's Director asked the Attorney General whether the agency could lawfully issue the registrations.

The Attorney General said no. The analysis works in three steps. First, Virginia law generally forbids carrying firearms on K-12 school property under Code § 18.2-308.1(B); knowingly violating that statute is a Class 6 felony. Second, the statute has narrow exemptions: § 18.2-308.1(C) cross-references some carve-outs (curriculum-related possession, JROTC, hunter safety education), and § 18.2-308 lists exemptions for "conservators of the peace" (judges, prosecutors, magistrates, certain federal agents). The General Assembly created the "conservator of the peace" exemption in § 18.2-308(D)(3) for traditional conservators of the peace listed in § 19.2-12 acting in the discharge of official duties. But SCOPs appointed under § 19.2-13 are a different category from those traditional conservators. The General Assembly did not extend the school-property exemption to SCOPs. Third, when the General Assembly identifies one category and omits another, the expressio unius rule means the omission was intentional.

The opinion adds two structural points. The General Assembly has rejected legislation in 2013, 2014, 2015, 2016, and 2017 that would have authorized school boards to arm teachers (including HB 1469 in 2017). The legislature did extend authority in 2017 to certain School Security Officers (SSOs) who had been active law enforcement officers within the previous 10 years, with multiple training and qualification requirements (Code § 22.1-280.2:1). The careful, narrow set of legislative authorizations for armed school safety personnel makes clear that the General Assembly has not authorized using SCOPs as a workaround to arm teachers.

DCJS therefore lacks authority to issue temporary or valid registrations to teachers or staff seeking SCOP appointment to carry firearms on school grounds. The Director of DCJS has both a statutory duty to act within the bounds of the law (Code § 9.1-100(B)) and an oath of office requiring compliance with the Constitution (Code § 49-1).

Currency note

This opinion was issued in 2018. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. Virginia's gun laws and school-safety statutes have continued to evolve since 2018.

Background and statutory framework

Code § 18.2-308.1(B) creates the school-grounds firearm prohibition. It makes it a Class 6 felony to knowingly possess a firearm on (i) public, private, or religious K-12 school grounds, (ii) property open to the public while being used for school-sponsored functions or extracurriculars, or (iii) any school bus. Subsection (C) imposes a mandatory five-year minimum sentence for possessing a firearm with intent or attempt to use it. The statute has been on the books since 1979.

The statute has several exemptions. Subsection (C) lists exemptions: school curriculum activities, school-sponsored programs (typically JROTC and hunter safety), and authorized school personnel. Subsection (C)(iv) covers "any person who possesses, in compliance with applicable law, [a firearm] for which such person has been duly issued a license." Various statutory cross-references to §§ 18.2-308 and 18.2-308.016 also apply. The "conservator of the peace" exemption in § 18.2-308(D)(3) permits carrying concealed firearms on school property "in the discharge of their official duties." But that exemption is tied to the list of traditional conservators of the peace in Code § 19.2-12 (judges, prosecutors, magistrates, federal special agents, etc.). It does not extend to SCOPs.

SCOPs are appointed under § 19.2-13 on application of a sheriff, police chief, or business/property owner. The 2018 amendments (HB 151) sharply narrowed SCOP authority: the order of appointment must specify the geographic jurisdiction and the duties for which the SCOP is qualified by training. SCOP training is set by the Criminal Justice Services Board at 130 hours (for armed SCOPs), compared with 580 hours for certified law enforcement officers. SCOPs are not interchangeable with police officers, and they are not on the § 19.2-12 list of statutory conservators of the peace.

The General Assembly's pattern in 2013-2017 of rejecting bills to arm teachers (HB 1557, HB 21, HB 1467, HB 76, HB 1469) confirms that authorizing teachers to carry firearms on school property is not within current Virginia law. The General Assembly did expand SSO authority in 2017 (Code § 22.1-280.2:1), but only for SSOs who had been active certified law enforcement within the prior 10 years, with extensive additional training and qualification requirements. The legislature has been precise about which categories of school safety personnel may be armed.

The 2002 amendment to § 19.2-13(F) closed an earlier potential workaround: it provided that "no person employed by a local school board as a school security officer ... shall be eligible for appointment as a conservator for purposes of maintaining safety in a public school," and voided existing appointments.

Common questions

Did the AG say teachers can never carry firearms on school property?
The opinion says current Virginia law does not authorize teachers to carry firearms on K-12 school property. The General Assembly could change that, but several proposals to do so have failed. Authorized armed personnel are limited to certified law enforcement officers (SROs) and qualifying School Security Officers under § 22.1-280.2:1.

Why doesn't the SCOP route work?
Because SCOPs are not on the § 19.2-12 list of conservators of the peace that get the school-property exemption in § 18.2-308(D)(3). The General Assembly chose to list specific categories and to exclude SCOPs. The expressio unius rule says that exclusion was intentional. Without an exemption, possession of a firearm on school grounds is a Class 6 felony for the SCOP just as it would be for anyone else.

Doesn't the circuit court have authority to appoint SCOPs broadly?
The 2018 amendments tightened SCOP authority. The order of appointment must specify both geographic jurisdiction and duties for which the SCOP is qualified by training. The court cannot appoint a SCOP to perform duties the SCOP lacks legal authority to perform, including unauthorized firearm possession on school grounds.

What about SROs and SSOs?
School Resource Officers are certified law enforcement officers hired by the local law enforcement agency to serve at schools. They are authorized by Code § 18.2-308.1(C)(iv) to carry firearms in their law enforcement role. School Security Officers, by contrast, are school employees. Most SSOs are not armed; only those who meet the strict criteria in § 22.1-280.2:1 (former active law enforcement within 10 years, extensive training, school-board approval, sheriff or police chief input) may be armed.

Could DCJS take a discretionary stand and issue the registration anyway?
The AG's view is no. The Director of DCJS is required to act consistently with law (Code § 9.1-100(B)) and is sworn to uphold the Constitution (Code § 49-1). Issuing a registration that would enable conduct prohibited by § 18.2-308.1 would exceed DCJS's lawful authority.

Could a school board hire trained armed staff under another name?
The route the General Assembly has authorized is through SSOs who meet the § 22.1-280.2:1 criteria. That is a path open to a school board willing to comply with the qualifications and training requirements. The SCOP route is not.

What if a teacher already has a concealed-carry permit?
A general concealed-carry permit does not override § 18.2-308.1's prohibition on firearms on K-12 school property. The statute specifically prohibits knowing possession of firearms on school grounds and creates only narrow exemptions. A concealed-carry permit does not bring the holder within an exemption.

Citations

• Va. Code § 18.2-308.1 (firearm prohibition on school property)
• Va. Code § 19.2-12 (conservators of the peace list)
• Va. Code § 19.2-13 (SCOP appointment procedures)
• Va. Code §§ 9.1-150.1 to 9.1-150.4 (DCJS authority over SCOPs)
• Va. Code § 9.1-101 (definitions of SRO and SSO)
• Va. Code § 22.1-280.2:1 (criteria for armed SSOs)
• 6 Va. Admin. Code §§ 20-20-21; 20-230-30; 20-230-120 (training and registration rules)
• HBs 1557 (2013), 21 (2014), 1467 (2015), 76 (2016), 1469 (2017) (failed proposals to arm teachers)
• 2017 Va. Acts ch. 311 (armed SSO authority)
• 2018 Va. Acts ch. 792 (narrowing of SCOP authority)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/opinions/2018/18-042-dion-issued.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Mark R. Herring
Attorney General

August 28, 2018

Ms. Shannon Dion
Director, Virginia Department of Criminal Justice Services
Washington Building
1100 Bank Street
Richmond, Virginia 23219

Dear Ms. Dion:
I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of
the Code of Virginia.

Issue Presented
You ask whether the Department of Criminal Justice Services (DCJS) may issue a valid
temporary registration or valid registration to one or more public school teachers, or other school
personnel, seeking to be appointed as an armed special conservator of the peace for school safety
purposes.

Background
You advise that the Lee County School Board recently voted to request that the Lee County
Circuit Court appoint public school teachers and other staff members as special conservators of the peace
(SCOPs), in an apparent effort to secure authorization for these individuals to carry firearms on school
grounds. You have received an application from a Lee County School Board employee seeking
temporary registration by DCJS as a prerequisite to appointment by the circuit court as an armed SCOP.

Applicable Law and Discussion

1. Virginia law requires a temporary registration issued by DCJS prior to a circuit court order
   appointing a qualified individual as a SCOP and also a valid registration after the circuit court enters
   an order of appointment.

Section 9.1-150.1 defines a "special conservator of the peace" as "any individual appointed
pursuant to § 19.2-13 on or after September 15, 2004."[1] Section 19.2-13 provides

[u]pon the submission of an application [...] from [...] any sheriff or chief of police of
any county, city, or town [...], a circuit court judge of any county or city shall appoint
special conservators of the peace [...] upon a showing by the applicant of a necessity for
the security of property or the peace and presentation of evidence that the person or
persons to be appointed as a special conservator of the peace possess a valid registration
issued by the Department of Criminal Justice Services[....]

The order of appointment shall provide that a special conservator of the peace may
perform only the duties for which he is qualified by training as established by the
Criminal Justice Services Board.[2]

Prior to July 1, 2018, the order of appointment could provide that a SCOP "shall have all the
powers, functions, duties, responsibilities and authority of any other conservator of the peace."[3] This
language was removed with the passage of House Bill 151 in the 2018 session of the General
Assembly and now provides that a SCOP "may perform only the duties for which he is qualified by
training as established by the Criminal Justice Services Board."[4] Additionally, the order of appointment
shall specify the geographical limitation of the SCOP's authority.[5] Application and procedures for the
appointment of SCOPs, including the powers of DCJS with respect to training and registration, are set
forth in §§ 9.1-150.1 through 9.1-150.4.[6]

Section 19.2-13 states that "[n]o person shall seek appointment as a special conservator of the
peace from a circuit court judge without possessing a valid registration issued by the Department of
Criminal Justice Services .... [A] temporary registration may be issued in accordance with regulations
established by the Criminal Justice Services Board while awaiting the results of a state and national
fingerprint search."[7] "Each special conservator shall provide to the circuit court a temporary registration
letter issued by the Department of Criminal Justice Services to include the results of the background
check prior to seeking an appointment by the circuit court."[8]

DCJS shall not issue a valid registration or temporary registration until the applicant has (i)
complied with or been exempted from mandatory training, (ii) submitted his fingerprints for a national
and state criminal history records search, (iii) submitted the results of a background investigation
completed by a state or local law enforcement agency, and (iv) met all other requirements of state law and
regulations of the Criminal Justice Services Board.[9] DCJS "may conduct [additional] investigations to
determine the suitability of applicants for registration, including a drug and alcohol screening."[10]

Assuming the issuance of a temporary registration by DCJS and that all statutory requirements
are satisfied, the circuit court may then enter the order of appointment and the applicant may receive from
DCJS a registration document.[11] "Each registered individual shall comply with all applicable
administrative requirements and standards of conduct and shall not engage in any acts prohibited by
applicable sections of the Code of Virginia ...."[12]

2. DCJS cannot issue a temporary registration letter or valid registration document to a SCOP applicant
   seeking to possess firearms on school property because SCOPs are not legally authorized to carry
   firearms on school property.

Section 18.2-308.1(B) of the Code generally prohibits individuals from knowingly possessing
firearms on school property and makes it a Class 6 felony to violate this statute, as follows:

If any person knowingly possesses any firearm designed or intended to expel a projectile
by action of an explosion of a combustible material while such person is upon (i) any
public, private or religious elementary, middle or high school, including buildings and
grounds; (ii) that portion of any property open to the public and then exclusively used for
school-sponsored functions or extracurricular activities while such functions or activities
are taking place; or (iii) any school bus owned or operated by any such school, he is
guilty of a Class 6 felony.[13]

The statute also provides for a mandatory minimum sentence of five years for knowingly possessing a
firearm on school property with an intent or attempt to use the weapon.[14]

There are several exceptions to the general prohibition against carrying a firearm on school
grounds, including those in §§ 18.2-308 and 18.2-308.016 incorporated into § 18.2-308.1 by reference,[15]
and those set out explicitly in § 18.2-308.1(C).[16] However, no exemptions or exceptions apply to SCOPs.
While § 18.2-308(D)(3) permits certain "conservators of the peace" to carry concealed firearms on school
property in the discharge of their official duties or while in transit to or from such duties,[17] there is no
parallel statutory provision allowing SCOPs to possess firearms on school property.

Conservators of the peace and SCOPs are two different positions governed by two separate
sections of the Code. Conservators of the peace are statutorily designated by virtue of holding a specific
state or federal position. They include, for example, judges, attorneys for the Commonwealth,
magistrates, special agents of the U.S. Department of Justice and criminal investigators of various state
and federal agencies, among many other individuals with roles in criminal justice or administrative law
enforcement, expressly identified by the General Assembly.[18]

In contrast, a SCOP is not statutorily designated as such by virtue of holding a particular public
office or position; but rather, as discussed above, a SCOP must be appointed by a circuit court upon
application of a sheriff, chief of police, or one of various business and property owners, proprietors, and
custodians.[19] Also, DCJS training standards for SCOPs differ significantly in depth and scope from those
required for law enforcement officers. Specifically, law enforcement officers must receive a minimum of
580 hours of training to be certified as such by DCJS.[20] In contrast, armed SCOPs need only satisfy 130
hours of training under relevant statutory requirements.[21]

As previously discussed, § 18.2-308(D)(3) permits, by exemption, "conservators of the peace"
to carry firearms on school property "while in the discharge of their official [law enforcement] duties, or
while in transit to or from such duties."[22] No such exemption from the prohibition against possessing
firearms on school property exists for SCOPs. Well settled rules of statutory construction recognize the
maxim expressio unius est exclusio alterius, meaning that to express or include one thing implies the
exclusion of others.[23] Applied here, the General Assembly's exclusion of SCOPs from the conservators
of the peace listed in § 19.2-12 and from the exemptions in § 18.2-308(D)(3) shows an intent that the
general prohibition against possessing firearms on school property applies to SCOPs.[24]

As also discussed above, state law provides that DCJS may issue a temporary registration to a
SCOP applicant in accordance with regulations promulgated by the Criminal Justice Services Board.[25]
DCJS may also deny a registration for, among other things, certain criminal convictions, testing positive
on any drug and alcohol screening, making false or misleading statements, and failing to maintain good
standing in the jurisdiction where appointed.[26] Although the regulations do not expressly state that a
registration may be denied when the appointment will contravene Virginia law, such power is axiomatic
under the rule of law.[27] Section 9.1-100(B) provides that "the Director of [DCJS] shall, under the
direction and control of the Governor, exercise the powers and perform the duties conferred or imposed
upon him by law and perform such other duties required by the Governor or the Criminal Justice Services
Board."[28] Additionally, the Director of DCJS is required to take an oath to uphold the Constitution of the
United States and the Constitution of the Commonwealth of Virginia.[29]

The issuance of a temporary registration to a SCOP for possession of a firearm on public school
property would not comply with § 18.2-308.1 and exceeds the powers vested in DCJS. Therefore, it is
my opinion that DCJS lacks authority to issue a temporary or valid registration to an armed SCOP whose
geographical jurisdiction includes public school grounds.

3. Virginia law authorizes school resource officers and certain school security officers to possess
   firearms on public school grounds as school safety personnel, but such authority is not extended to
   teachers and administrators.

The General Assembly has established and defined the mechanisms for school districts to employ
or otherwise secure the services of properly trained school safety personnel and for certain of these
personnel to carry firearms in the execution of their school safety duties. The General Assembly has
authorized local law enforcement agencies to hire school resource officers (SROs) to maintain safety on
public school property.[30] Section 9.1-101 defines an SRO as "a certified law-enforcement officer hired by
the local law-enforcement agency to provide law-enforcement and security services to Virginia public
elementary and secondary schools."[31] As certified law enforcement officers, SROs are authorized by law
to possess firearms on school property.[32]

"School security officers" (SSOs) are also statutorily charged with maintaining safety at public
schools in Virginia. As defined in § 9.1-101, an SSO is "an individual ... employed by the local school
board for the singular purpose of maintaining order and discipline, preventing crime, investigating
violations of school board policies, and detaining students violating the law or school board policies on
school property or at school-sponsored events and who is responsible solely for ensuring the safety,
security, and welfare of all students, faculty, staff, and visitors in the assigned school."[33] SSOs differ from
SROs in that SROs are law enforcement agency employees assigned by their law enforcement command
to local schools, whereas SSOs are school employees under the direction of a school principal or
designee.[34]

In 2017, the General Assembly amended § 22.1-280.2:1 to authorize SSOs meeting certain
criteria to carry firearms in the performance of their official duties.[35] Specifically, the General Assembly
extended the authority of SSOs to possess firearms only to those who had been active (and, therefore,
certified) law enforcement officers within 10 years immediately prior to being hired as an SSO.[36]

And significantly, in 2017, the General Assembly rejected a specific proposal to arm teachers and
other school employees.[37] House Bill 1469 would have permitted local school boards to authorize trained
employees to carry handguns on school property; however, the bill was not reported out of committee.[38]
Similar bills introduced in the 2013 Session (House Bill 1557), the 2014 Session (House Bill 21), the
2015 Session (House Bill 1467), and the 2016 Session (House Bill 76) also failed to report out of
committee.[39]

Therefore, it is clear that the General Assembly has not empowered local school boards to arm
teachers, but rather, has limited such authority to currently certified law enforcement officers or former
certified law enforcement officers to carry firearms to maintain safety at public schools.[40]

Conclusion
Virginia law expressly limits who may possess firearms on school grounds for safety purposes,
and the General Assembly declined to enact bills presented every year from 2013 through 2017 to extend
this authority to school teachers and administrators. The General Assembly has provided ways for
schools to employ security personnel deemed to have met stringent training requirements who may
possess firearms on school grounds in the execution of their duties as school safety personnel; however,
these security personnel do not include armed SCOPs. For the reasons set forth above, I conclude that the
Department of Criminal Justice Services cannot lawfully issue a temporary or valid registration for armed
SCOPs with jurisdiction over public school grounds.[41]
With kindest regards, I am,

Very truly yours,

Mark R. Herring
Attorney General

1. VA. CODE ANN. § 9.1-150.1 (2012).
2. VA. CODE ANN. § 19.2-13(A) (Supp. 2018).
3. See 2018 Va. Acts ch. 792.
4. VA. CODE ANN. § 19.2-13(A).
5. Id.
6. VA. CODE ANN. §§ 9.1-150.1 - 9.1-150.4 (2012 & Supp. 2018).
7. VA. CODE ANN. § 19.2-13(C).
8. VA. CODE ANN. § 19.2-13(F).
9. VA. CODE ANN. § 19.2-13(C).
10. VA. CODE ANN. § 9.1-150.3(A) (2012).
11. See VA. CODE ANN. § 19.2-13(E).
12. 6 VA. ADMIN. CODE § 20-230-30(F), see also 6 VA. ADMIN. CODE § 20-230-140(A)(1).
13. VA. CODE ANN. § 18.2-308.1(B) (Supp. 2018).
14. Id. at subsection C.
15. See id. (providing that the exemptions in §§ 18.2-308 and -308.016 are incorporated into § 18.2-308.1, mutatis mutandis).
16. Included among the exemptions set out in § 18.2-308.1(C) is the possession of weapons "as a part of the school's curriculum or activities" or "as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises." Earlier versions of these exemptions have been included in the statute since its original enactment in 1979 and are commonly used to accommodate student educational programs, such as Junior Reserve Officers' Training Corps (JROTC) (§ 22.1-277.07(D)) and hunter safety education programs (§ 22.1-204.2). The language allowing firearms as part of a curriculum, activity, or program supports the use of firearms for purposes of educating and training students. The language does not expressly or impliedly authorize a program to arm educational and administrative school board employees, such as teachers and administrators, nor has the General Assembly enacted such language when presented with bills that would allow school boards to arm its teachers and other personnel. See infra, notes 37-40 and accompanying text.
17. See VA. CODE ANN. § 18.2-308(D)(3) (Supp. 2018).
18. VA. CODE ANN. § 19.2-12 (Supp. 2018).
19. VA. CODE ANN. § 19.2-13(A).
20. 6 VA. ADMIN. CODE § 20-20-21.
21. VA. CODE ANN. § 9.1-150.2 (Supp. 2018).
22. VA. CODE ANN. § 18.2-308(D).
23. GEICO v. Hall, 260 Va. 349, 255, 533 S.E.2d 615, 617 (2000) (quoting Turner v. Wexler, 244 Va. 124, 127, 418 S.E.2d 886, 887 (1992)).
24. In addition, I note that in 2002, the General Assembly expressly eliminated the ability of school security officers to be appointed SCOPs for purposes of maintaining safety in a public school. See VA. CODE ANN. § 19.2-13(F) (Supp. 2018), which states that "[e]ffective July 1, 2002, no person employed by a local school board as a school security officer, as defined in § 9.1-101, shall be eligible for appointment as a conservator for purposes of maintaining safety in a public school in the Commonwealth. All appointments of special conservators of the peace granted to school security officers as defined in § 9.1-101 prior to July 1, 2002 are void."
25. VA. CODE ANN. § 19.2-13(C).
26. 6 VA. ADMIN. CODE § 20-230-120.
27. Specifically, it is axiomatic that public officials must execute their duties in a manner consistent with law, and may not make decisions in contravention of law. See, e.g., United States v. Leon, 468 U.S. 897, 980 (1984) (Stevens, J., concurring in part and dissenting in part); Weinburger v. Romero-Barcelo, 456 U.S. 305, 323 (1982) (Stevens, J., dissenting).
28. VA. CODE ANN. § 9.1-100(B) (2012).
29. See VA. CODE ANN. § 49-1 (2013).
30. VA. CODE ANN. § 9.1-101 (Supp. 2018).
31. Id.
32. VA. CODE ANN. § 18.2-308.1(C)(iv).
33. VA. CODE ANN. § 9.1-101.
34. Id. Schools may be authorized to employ other school security personnel, some of whom may be active or former law-enforcement officers authorized to carry firearms on school property as part of their duties. See VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES, VIRGINIA CENTER FOR SCHOOL AND CAMPUS SAFETY, THE 2017 SCHOOL SAFETY AUDIT SURVEY RESULTS (Feb. 2018).
35. 2017 Va. Acts ch. 311.
36. VA. CODE ANN. § 22.1-280.2:1 (Supp. 2018). Several other criteria apply in determining whether a SSO may carry a firearm in the performance of his duties. The full list of criteria is as follows: "(i) within 10 years immediately prior to being hired by the local school board he was an active law-enforcement officer as defined in § 9.1-101 in the Commonwealth; (ii) he retired or resigned from his position as a law enforcement officer in good standing; (iii) he meets the training and qualifications described in subsection C of § 18.2-308.016; (iv) he has provided proof of completion of a training course that includes training in active shooter emergency response, emergency evacuation procedure, and threat assessment to the Department of Criminal Justice Services . . ., provided that if he received such training from a local law-enforcement agency he received the training in the locality in which he is employed; (v) the local school board solicits input from the chief law-enforcement officer of the locality regarding the qualifications of the school security officer and receives verification from such chief law-enforcement officer that the school security officer is not prohibited by state or federal law from possessing, purchasing, or transporting a firearm; and (vi) the local school board grants him the authority to carry a firearm in the performance of his duties." VA. CODE ANN. § 22.1-280.2:1.
37. H.B. 1469, 2017 Sess. (Va. 2017).
38. See id. (reflecting the bill's status as of February 7, 2017, as not reported out of the House of Delegates Committee on Education).
39. H.B. 1557, 2013 Sess. (Va. 2013); H.B. 21, 2014 Sess. (Va. 2014); H.B. 1467, 2015 Sess. (Va. 2015); H.B. 76, 2016 Sess. (Va. 2016).
40. The general authority given to school boards under Article VIII, § 7 of the Constitution of Virginia and the more specific powers given in §§ 22.1-28, -78, -79, and -253.13:7 do not expressly or by implication authorize a program to arm educational and administrative school board employees for safety purposes.
41. See VA. CODE ANN. § 18.2-308.1.