Virginia HB 1953: Virginia Freedom of Information Act; closed meeting exemption, home instruction of children.

Bill Text

2023SESSION
INTRODUCED
23103996D
1 HOUSEBILLNO.1953
2 OfferedJanuary11,2023
3 PrefiledJanuary10,2023
4 A BILL to amend and reenact § 2.2-3711 of the Code of Virginia, relating to the Virginia Freedom of
5 Information Act; closed meetings; home instruction of children.
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Patron––Greenhalgh
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8 ReferredtoCommitteeonGeneralLaws
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §2.2-3711 of the Code of Virginia is amended and reenacted as follows:
12 §2.2-3711. Closed meetings authorized for certain limited purposes.
13 A. Public bodies may hold closed meetings only for the following purposes:
14 1. Discussion, consideration, or interviews of prospective candidates for employment; assignment,
15 appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public
16 officers, appointees, or employees of any public body; and evaluation of performance of departments or
17 schools of public institutions of higher education where such evaluation will necessarily involve
18 discussion of the performance of specific individuals. Any teacher shall be permitted to be present
19 during a closed meeting in which there is a discussion or consideration of a disciplinary matter that
20 involves the teacher and some student and the student involved in the matter is present, provided the
21 teacher makes a written request to be present to the presiding officer of the appropriate board. Nothing
22 in this subdivision, however, shall be construed to authorize a closed meeting by a local governing body
23 or an elected school board to discuss compensation matters that affect the membership of such body or
24 board collectively.
25 2. Discussion or consideration of admission or disciplinary matters or any other matters that would
26 involve the disclosure of information contained in a scholastic record concerning any student of any
27 public institution of higher education in the Commonwealth or any state school system. However, any
28 such student, legal counsel and, if the student is a minor, the student's parents or legal guardians shall
29 be permitted to be present during the taking of testimony or presentation of evidence at a closed
30 meeting, if such student, parents, or guardians so request in writing and such request is submitted to the
31 presiding officer of the appropriate board.
32 3. Discussion or consideration of the acquisition of real property for a public purpose, or of the
33 disposition of publicly held real property, where discussion in an open meeting would adversely affect
34 the bargaining position or negotiating strategy of the public body.
35 4. The protection of the privacy of individuals in personal matters not related to public business.
36 5. Discussion concerning a prospective business or industry or the expansion of an existing business
37 or industry where no previous announcement has been made of the business' or industry's interest in
38 locating or expanding its facilities in the community.
39 6. Discussion or consideration of the investment of public funds where competition or bargaining is
40 involved, where, if made public initially, the financial interest of the governmental unit would be
41 adversely affected.
42 7. Consultation with legal counsel and briefings by staff members or consultants pertaining to actual
43 or probable litigation, where such consultation or briefing in open meeting would adversely affect the
44 negotiating or litigating posture of the public body. For the purposes of this subdivision, "probable
45 litigation" means litigation that has been specifically threatened or on which the public body or its legal
46 counsel has a reasonable basis to believe will be commenced by or against a known party. Nothing in
47 this subdivision shall be construed to permit the closure of a meeting merely because an attorney
48 representing the public body is in attendance or is consulted on a matter.
49 8. Consultation with legal counsel employed or retained by a public body regarding specific legal
50 matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be
51 construed to permit the closure of a meeting merely because an attorney representing the public body is
52 in attendance or is consulted on a matter.
53 9. Discussion or consideration by governing boards of public institutions of higher education of
54 matters relating to gifts, bequests and fund-raising activities, and of grants and contracts for services or
55 work to be performed by such institution. However, the terms and conditions of any such gifts, bequests,
56 grants, and contracts made by a foreign government, a foreign legal entity, or a foreign person and
57 accepted by a public institution of higher education in the Commonwealth shall be subject to public
58 disclosure upon written request to the appropriate board of visitors. For the purpose of this subdivision,
INTRODUCED
HB1953
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