HANOVER COUNTY, Va. -- The Hanover County Board of Supervisors is investigating two allegations that could warrant an attempt to remove school board members, according to Hanover County attorney, Dennis Walter.
Walter gave a presentation on Wednesday afternoon that was prompted by discussions in a closed session during a Hanover Board of Supervisors meeting on Aug. 24.
In the meeting, Walter explained that he was giving the presentation because some members felt certain allegations hadn't been properly addressed.
“The allegations that are out there are that a school board member disclosed information about a student involving student records without student consent,” Walter said.
Walter stated the allegations out there are that it violated FERPA, or the Family Education Rights and Privacy Act, is a federal law that protects the privacy of students. Walter said a government-found violation could potentially result in funding being withheld.
Walter said the school board member allegedly disclosed student information through their personal email. He said they are working to determine how frequently it happened and the timeline, adding that he hasn't been notified that a federal FERPA complaint has been filed.
Walter cited other allegations regarding the school board's conduct during public comment periods, and the way the audience was treated.
“The allegations are certain board members haven’t always applied their rules in a consistent manner,” Walter said.
Walter noted additional allegations of concern that the board doesn't command the deputies who are in the room during school board meetings, saying they answer to the sheriff, not to the board chair.
According to Virginia Code, if an appointed member is removed, the board of supervisors would have to have a majority of the board's support to start the removal process. Walter explained they would have to petition the courts to try to remove one of their appointed school board members.
The Virginia code lists four categories for how a governing body like the Hanover Board of Supervisors could petition the courts to remove their appointed school board member.
- Neglect or misuse of office: this includes incompetence in duties or actions having adverse effect on conduct of the office
- Conviction of a misdemeanor: related to the buying, selling or possession of marijuana or the conviction of a misdemeanor involving a hate crime
- Conviction of sexual battery
Walter said the board would then have to provide further details to the court on why a member should be removed.
For the neglect or misuse of office, Walter said important details would be describing how it was serious misconduct and how the person's actions had an adverse impact on the board.
Walter said it could then go to trial either in front of a judge or jury, saying the judge would instruct them that any evidence of wrongdoing would need to be clear and convincing.
In explaining the obligations of the board, Walter said while learning of allegations of misconduct doesn't have any statutory requirements, it is a decision of moral obligation to investigate the claims.
The board of supervisors is the only group that can remove an appointed school board member from their position, according to Walter.
“The issues that are out there I think are serious enough to continue to investigate and I remain ready to help the Board of Supervisors with information gathering,” Walter said.
Walter didn't provide a recommendation to the board but instead posed the considerations to them. He said the board should be aware this process is not just a one-event situation.
He said they should consider if the majority of the board believes the allegations are true, reminding them that it is a serious proceeding that will impact the individual's ability to do their job.
At the end of the presentation, the board said they are planning to wait on further information as they investigate before they make any decision.
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