Simone Lawson
Article VIII of the Virginia Constitution, entitled Education, outlines the state's commitment to providing a free and compulsory primary and secondary education for all children. It establishes the Board of Education, comprising nine members appointed by the Governor, as the body responsible for overseeing the public school system and setting educational standards. The Board of Education also administers the Literary Fund, which supports public education through various revenues. The Article further emphasizes the role of the General Assembly in ensuring high-quality education, determining funding, and establishing educational institutions for the intellectual and cultural development of the people of Virginia.
| Characteristics | Values |
|---|---|
| Focus | Compulsory and free primary and secondary public education for every Virginia child |
| Supervision | Board of Education of nine members, appointed by the Governor |
| Board of Education's Powers and Duties | Divide the Commonwealth into school divisions, make annual reports to the Governor and General Assembly, certify a list of qualified persons for the office of division superintendent of schools, approve textbooks and other instructional aids, and effectuate the educational policy set forth in the Constitution |
| Board of Education's Responsibility | Administering the Literary Fund, which supports public education through various revenues |
| Superintendent of Public Instruction | Appointed by the Governor, must be an experienced educator |
| School Board Supervision | Vested in a school board, composed of members selected in the manner, for the term, possessing the qualifications, and to the number provided by law |
| Funding | The General Assembly determines the manner in which funds are provided for the educational program, and provides for the apportionment of the cost between the Commonwealth and local units of government |
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What You'll Learn
Free and compulsory education for all Virginia children
Article VIII of the Virginia Constitution is entitled "Education" and consists of 11 sections. It focuses on providing a compulsory and free primary and secondary public education for every Virginia child.
The Article outlines the role of the Board of Education, which is responsible for the general supervision of the public school system. The Board consists of nine members, appointed by the Governor and confirmed by the General Assembly, serving four-year staggered terms. The Board is tasked with dividing the Commonwealth into school divisions based on geographical area and school-age population to promote educational quality. It also makes annual reports to the Governor and the General Assembly on the condition and needs of public education, identifying areas for improvement.
The General Assembly plays a crucial role in ensuring the availability of funds to maintain educational programs that meet prescribed standards of quality. It determines the manner in which funds are provided and apportioned between the Commonwealth and local units of government. Local governments contribute their share through local taxes or other available funds.
The Board of Education also has the authority to effectuate educational policy, with the ultimate authority resting with the General Assembly. This includes establishing standards of quality for school divisions, which can be revised by the General Assembly. The Board is responsible for certifying qualified individuals for division superintendent positions and appointing superintendents when necessary.
Furthermore, the Board administers the Literary Fund, supporting public education through various revenues, and can authorize borrowing against the fund's assets. The Literary Fund is intended to promote the intellectual, cultural, and occupational development of the people of the Commonwealth.
The Code of Virginia, in conjunction with the Constitution, further defines the roles and responsibilities of the Board of Education and the Superintendent of Public Instruction. This includes guidelines for school property management, ensuring safety and modern standards, as well as the establishment of school boards and their corporate powers and responsibilities.
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School board appointments and terms
The Virginia Constitution outlines the structure and responsibilities of the state's educational system, including the role of school boards. Article VIII of the Constitution, titled "Education," provides specific guidelines for the establishment and maintenance of public schools, with a dedicated focus on ensuring a high-quality education for all children.
The Virginia Constitution and the Code of Virginia outline specific procedures for appointing school board members and defining their terms. Here's an overview of the key provisions:
Appointment Process
The appointment process for school board members can vary depending on the specific county or district. In some cases, the governing body of the county or district may appoint school board members. This is determined through a referendum, where the voters decide if the governing body will appoint the school board. If the referendum passes, the governing body will appoint all subsequent members of the school board.
In other cases, a school board selection commission may be responsible for appointing school board members. This commission typically consists of qualified voters residing in the county who are not county or state officers. These commissioners are appointed by the circuit court and are responsible for appointing school board members for their respective counties.
Terms of Office
The terms of office for school board members are generally set at four years. However, there are provisions in place to handle vacancies and staggered terms. Vacancies occurring outside of regular term expirations are filled by the governing body or the circuit court, depending on the appointment process, for the unexpired term.
To ensure continuity, staggered terms are implemented, where no more than two members' terms expire simultaneously. This helps maintain stability and avoid a complete turnover in membership. Additionally, the terms of office for school board members typically commence on January 1 or July 1 following their election or appointment.
Qualifications and Restrictions
School board members are typically required to be qualified voters and residents of the county they represent. Certain restrictions are also placed on who can serve as a school board member. For example, state, county, or city officers, employees of the school board, and certain relatives of county governing body members are prohibited from serving on the school board simultaneously.
Election of School Board Members
In certain circumstances, school board members may be elected rather than appointed. This typically occurs when the appointed school board is replaced and the governing body opts for an elected board. The terms of elected school board members generally align with those of the governing body members.
Superintendent of Public Instruction
While not directly related to school board appointments, it is worth noting that the Virginia Constitution also outlines the appointment process for the Superintendent of Public Instruction. The Governor appoints the Superintendent, subject to confirmation by the General Assembly, for a term coinciding with the Governor's term.
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School divisions and standards of quality
Article VIII of the Virginia Constitution deals with education. It establishes the Board of Education, which consists of nine members appointed by the Governor and confirmed by the General Assembly. The Board is responsible for dividing the state into school divisions based on geographical area and school-age population to promote educational quality. The Board also sets and periodically reviews standards of quality for these school divisions, which are subject to revision by the General Assembly.
The Virginia Constitution outlines the responsibilities of the Board of Education in ensuring quality education across the state. The Board is tasked with dividing the Commonwealth into school divisions, taking into account geographical area and school-age population to promote consistent standards of quality. This division ensures that schools are evenly distributed and adequately serve the educational needs of their respective communities.
The Board of Education is responsible for establishing and maintaining high standards of quality for all school divisions. These standards encompass various aspects of public education, including curriculum, teaching methods, resources, and student assessment. The Board has the authority to review and revise these standards periodically to ensure they meet the evolving needs of students and the community.
The Virginia Constitution also addresses the funding of public education. It establishes the Literary Fund, which is administered by the Board of Education and used to support educational institutions within the state. The General Assembly is authorised to appropriate funds from the Literary Fund for educational purposes, including elementary, secondary, collegiate, and graduate education.
The General Assembly plays a crucial role in maintaining educational quality. It has the ultimate authority to revise the standards set by the Board of Education. Additionally, the General Assembly determines the funding allocation for maintaining educational programs that meet the prescribed standards. This includes apportioning costs between the state and local units of government that comprise the school divisions.
The Virginia Constitution's emphasis on school divisions and standards of quality ensures a consistent and high-quality education for all students across the state. By dividing the state into school divisions and establishing rigorous standards, the Board of Education, in conjunction with the General Assembly, works to provide Virginia's students with the best possible educational opportunities.
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Funding and cost apportionment
Article VIII of the Constitution of Virginia deals with education. This article establishes the Board of Education, which is responsible for supervising the public school system and setting standards of quality for school divisions. The Board of Education consists of nine members appointed by the Governor and confirmed by the General Assembly.
Regarding funding and cost apportionment, the General Assembly plays a crucial role in determining how funds are provided and distributed to maintain an educational program that meets the prescribed standards of quality. Here's an overview of the funding and cost apportionment aspects of Article VIII:
Funding Sources and Management:
- The General Assembly sets aside a permanent school fund, known as the Literary Fund, which includes proceeds from various sources such as public lands, escheated property, fines, and interest.
- The Literary Fund is held and administered by the Board of Education, and they can borrow additional funds against its assets as collateral.
- School boards receive funding from multiple sources, including state funds appropriated for public school purposes, federal funds for educational purposes, local funds provided by governing bodies or raised through local taxes, donations, and other funds designated for public school purposes.
- The management of these funds falls to the school boards, who can incur costs and expenses to support the establishment, maintenance, and operation of public schools.
Cost Apportionment:
- The General Assembly determines the manner in which funds are provided for maintaining educational programs that meet the standards of quality.
- The cost of these educational programs is apportioned between the Commonwealth and the local units of government comprising the school divisions.
- Each local unit of government contributes its portion of the cost through local taxes or other available funds.
- The Department of Education plays a role in ensuring that each school division has appropriated sufficient funds to support its required local expenditure for providing an educational program that meets the Standards of Quality.
- The governing bodies of counties, cities, and towns can appropriate funds for educational purposes, including public and nonsectarian private schools, to support elementary, secondary, collegiate, or graduate education.
- The cost of maintaining an educational program is apportioned among the different school divisions, with each division bearing the cost based on factors such as enrollment of pupils or other agreed-upon bases.
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The Literary Fund
Article VIII of the Virginia Constitution deals with education. It establishes the state's commitment to providing a system of free public elementary and secondary schools for all children of school age. The constitution also recognises that free government and progress depend on the diffusion of knowledge, and that the state should promote the fullest development of its citizens through an effective system of education.
The constitution stipulates that the annual interest on the Literary Fund, along with the capitation tax and an annual tax on state property, be utilised for the benefit of all people in the state. This provision ensures that children between the ages of five and twenty-one in each free public-school district have equal access to necessary textbooks. The General Assembly has the authority to determine the manner in which funds are provided to maintain an educational program, ensuring a high quality of education.
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Frequently asked questions
Article VIII of the Virginia Constitution deals with education.
Article VIII of the Virginia Constitution states that the General Assembly shall provide a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth. It also establishes the Board of Education, which is responsible for administering the Literary Fund and supporting public education.
The Board of Education has several key responsibilities, including dividing the Commonwealth into school divisions, making annual reports to the Governor and General Assembly on the condition and needs of public education, and approving textbooks and instructional materials. The Board also has the power to borrow funds against the assets of the Literary Fund as collateral.
