VIRGINIA

Constitutional Clauses/Language

“That free government rests, as does all progress, upon the broadest possible diffusion of knowledge, and that the Commonwealth should avail itself of those talents which nature has sown so liberally among its people by assuring the opportunity for their fullest development by an effective system of education throughout the Commonwealth.”

 Va. Const. Art. 1, s. 15.

“The General Assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth, and shall seek to ensure that an educational program of high quality is established and continually maintained.” Art. 8, s. 1.

Major Court Decision: Scott v. Commonwealth, 443 S.E.2d 138 (Va. 1994).

Result: Financing System Upheld

Summary: The Virginia Supreme Court acknowledged that education is a fundamental right under its state constitution.  However, the court found that the education clause(s) do not mandate that a particular level of quality in education.

Key Quotes:

“The General Assembly shall determine the manner in which funds are to be provided for the cost of maintaining an educational program meeting the prescribed standards of quality, and shall provide for the apportionment of the cost of such program between the Commonwealth and the local units of government comprising such school divisions.  Each unit of local government shall provide its portion of such cost by local taxes or from other available funds.”  Id. at 142.

“While § 15 of Article I clearly emphasizes the importance of education generally, its language also is aspirational and not mandatory. Section 15 does not impose a mandate upon the General Assembly with respect to a system of free public schools. Unquestionably, the language in § 15 cannot be read to impose a requirement of uniformity in spending and programs among and within the Commonwealth's school divisions.”  Id.

“In sum, we agree with the trial court that education is a fundamental right under the Constitution.  Even applying a strict scrutiny test, as urged by the Students, however, we hold that nowhere does the Constitution require equal, or substantially equal, funding or programs among and within the Commonwealth's school divisions.”  Id. at 143

“The Constitution does mandate that the General Assembly provide for a system of free public schools throughout the Commonwealth, and the General Assembly has provided for such a system Code § 22.1-2.  The Constitution also accords the General Assembly the ultimate authority for determining and prescribing the standards of quality for the school divisions, which authority the General Assembly has discharged. Code §§ 22.1-253.13:1 to -253.13:8.  Finally, the Constitution requires the General Assembly to determine the manner of funding to provide the cost of maintaining an educational program that meets the prescribed standards of quality and how the cost shall be apportioned between the Commonwealth and the localities.  The General Assembly has enacted legislation carrying out these requirements, Code §§ 22.1-88, -94, and -95, and the Students do not contend that the manner of funding prevents their schools from meeting the standards of quality.”  Id.