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FOI Unconstitutional?
Stone noted that under the Virginia Constitution, a school board has the exlusive authority to supervise schools in its division and enjoys autonomy in doing so. ‘‘Accordingly, any law enacted by the General Assembly, 'including the Virginia Freedom of Information act, which purports to apply to school boards, must be consonant with the school board's broad, autonomous authority granted by the Virginia Constitution...While it is realistically conceivable that a particular application of the Virginia Freedom of Information Act. exclusive of its exemptions, may infringe on a school board’s constitutional perogative and. therefore, prove unconstitutional. I previously have advised the Rappahannock County School Board that it will want to follow the Act's pronounced public policy even if it is not clearly mandatory to do so in all cases."
Despite his reservations on whether FOI applies to school boards. Stone relied on the Act's exemptions to further justify refusing release of the architectural reports to the county's commonwealth's attorney. He maintained that the superintendent of schools r++★ *++ + * * +++4
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