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2024 Op. Va. Att'y Gen. 1 (2024)

handle is hein.sag/sagva0152 and id is 1 raw text is: COMMONWEALTH of VIRGINIA Office of the Attorney General Jason S. Miyares 202 North Ninth Street Attorney General Richmond, Virginia 23219 804-786-2071 January 10, 2024 Fax 804-786-1991 Virginia Relay Services 800-828-1120 7-1-1 The Honorable Joseph D. Morrissey Member, Senate of Virginia Post Office Box 96 Glade Hill, Virginia 24092 Dear Senator Morrissey: I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia. Issues Presented You present several inquiries regarding the authority of a Virginia school division to enter into settlement agreements. You specifically ask whether such agreements are subject to approval by the school board or local governing body. You also ask whether the terms of a settlement agreement may be made subject to a confidentiality or nondisclosure agreement and whether the school division may withhold how much money was paid pursuant to the settlement. Response It is my opinion that school boards have the authority to compromise claims against a school division and that such authority is exclusive to the school board and includes the power to make confidentiality arrangements. It is further my opinion that a school division may withhold a settlement agreement that includes confidentiality or nondisclosure provisions to the extent the agreement was created for litigation purposes. Lastly, it is my opinion that payment information contained in accounting records are distinct from settlement agreements and are subject to disclosure. Background You express concern that nondisclosure agreements are being used by school boards to prevent the disclosure of important information to the public. You state that taxpayer money is being used to settle disputes, with the final settlement agreement containing confidentiality provisions that prevent information regarding the dispute, including the basis ofthe underlying claim and the settlement amount, from being released. Applicable Law and Discussion As part of its duty to provide for a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth,' the General Assembly has directed the State Board of Education to divide the Commonwealth into school divisions of such geographical area and school-age population as will 'VA. CONST. art. VI11, § 1.

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