Education advocates have struggled to force Virginia to live up to its constitutional duties. And as a result, the state has had carte blanche to mistreat its public schools. It is little surprise that the most recent School Funding Fairness Report rates Virginia’s school funding as an “F” in terms of directing funds to needy students. And while it is a relatively wealthy state, its overall spending levels are relatively low. The tide may very well turn soon. But first, a little background is in order.
Virginia’s constitution includes one of the strongest endorsements of public education you can find. It provides that the “General Assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth.” In other words, the public education system is non-negotiable. There is a constitutional duty to provide it. In addition, that same section of the constitution provides that the “educational program of high quality [should be] established and continually maintained.” The constitution gets even more specific, stating that the State Board of Education “shall . . . prescribe[e]” the “standards of quality for the several school divisions.” Thus, the constitution says the precise definition is not to be left to chance. It is the Board’s duty to prescribe these high quality standards.
But some would argue there is a catch. That constitution says General Assembly “shall seek to ensure” the education program and “determine the manner” in which it will fund the schools, which leaves the General Assembly some discretion. In Scott v. Commonwealth, plaintiffs sought to test out these education clauses and challenge unequal funding in the state. The Virginia Supreme Court rejected the challenge, holding that the constitution does not guarantee “equal” or “substantially equal” school funding. That decision has scared advocates away ever since.