Virginia

Historical Background

In 1991, eleven public school students and seven local school boards brought suit claiming that Virginia's system of funding public schools denied some children "an educational opportunity substantially equal to that of children who attend public school in wealthier divisions." In Scott v. Commonwealth, 443 S.E.2d 138 (1994), the Supreme Court of Virginia ruled that the state system was constitutional. Despite concluding that "education is a fundamental right under the Constitution," the Court nonetheless held that "equal, or substantially equal, funding or programs" were not mandated by the Virginia Constitution.

Since the plaintiffs did not contend that inadequate funding kept the schools from meeting state quality standards, the court did not analyze the adequacy of Virginia's schools.

Recent Events

On March 13, 2008, the legislature agreed to expand the Virginia Preschool Initiative by $22 million over two years. The program, targeted at at-risk children, was projected to allow more than 4,600 additional children to attend preschool. Total funding for the program over the two years would be $122 million. Prior to the legislation, there were 26 localities that did not provide preschool. Those that needed additional space for pre-K programs were not assisted by the Initiative, because its funds could not be spent on capital projects. However, the legislation capped the amount localities could be required to contribute to pre-K programs at 50%, a development that was expected to reduce the number of localities that continued to hold out.

Last Updated, March 2008