Jefferson-Houston Spared From School Takeover By Commonwealth of Virginia

Jefferson Houston School in Alexandria, Virginia

A Circuit Court judge in Virginia on Friday declared a school takeover law unconstitutional that created a state board to oversee chronic under-performing schools like Jefferson-Houston in Alexandria, Virginia.

Via NSBA

Norfolk Public Schools and VSBA sued the state last fall, arguing that the state’s Opportunity Educational Institution (OEI) and its governing board, established by then-Governor Bob McDonnell and the Virginia General Assembly to take over schools deemed to be chronically low performing, violated the state’s constitution.

“This ruling is an important affirmation of the Virginia Constitution’s intent that localities hold the responsibility for their public schools,” said VSBA Executive Director Gina G. Patterson. “With that being said, there is still much work to be done to ensure that all of our schools are successful.”

The OEI and the OEI Board were created by the state legislature in its 2013 session to take over the supervision of schools that were denied accreditation and to require documentation and information about schools that had been accredited with warning for three years. The legislation also granted the OEI Board the authority to vote to take over the supervision of any school accredited with warning for three years. The legislation creating the OEI and the OEI Board purported to make the OEI “a statewide school division” and the OEI Board “a policy board in the executive branch of state government.”

The school board of a school taken over would have been required to transfer to OEI not only the local funds required by the state-mandated Standards of Quality, but also any local funds appropriated to the school division of residence in excess of the state-mandated amount.

The VSBA and the Norfolk School Board argued that the law violated Article VIII, Section 7 of the Constitution of Virginia, which provides that “the supervision of schools in each school division shall be vested in a school board.”

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