From: Nigel.Allen@bbs.oit.unc.edu (Nigel Allen)
Newsgroups: misc.legal,misc.education,alt.activism,va.general
Subject: Virginia Attorney-General Fights Educational Disparities Case
Date: 17 Aug 92 23:30:08 GMT
Organization: Echo Beach

Here is a press release from the Office of the Attorney General of Virginia.
 Attorney General Supports Dismissal of Educational Disparities Case
 To: City Desk
 Contact: Deborah Love-Bryant of the Office of the Attorney General
          of Virginia, 804-786-2435

   RICHMOND, Aug. 14 /U.S. Newswire/ -- The Attorney General's office
filed today a legal memorandum in support of the Commonwealth's
demurrer or motion to dismiss the educational disparities case filed
by several students and school districts on June 16, 1992.
   The memorandum states three primary considerations in support of
dismissing the case:

   1. The memorandum details the history of the 1971 Virginia
Constitution, written by the General Assembly and approved by the
voters, and documents the efforts of the legislature to craft
educational guarantees in the Consitution.  As evidenced by these
proceedings, the General Assembly specifically sought to avoid
judicial second-guessing and endless and expensive litigation over
difficult issues of program quality and school spending.
   Written in 1969 and 1970 against an already existing back-drop of
geographic disparities in public school funding, the 1971 Consitution
sets forth educational objectives for Virginia that were to be
implemented and enforced by the legislature.  Reacting to existing
litigation in Bath County and other states, the 1970 General Assembly
rejected by large majorities efforts to tailor the language of the
new Consitution to create a juidicially enforceable mandate for
equalized school spending in all divisions.  The assembly wanted to
continue the benefits of local option and control, while also
assuring an end to massive resistance.
   The Constitution that was ultimately ratified by the voters
contains an aspiration and a guarantee with respect to public
education.  The Constitution states as a goal that the General
Assembly "shall seek to ensure" the establishment of educational
programs of high quality.  The Constitution now guarantees to every
child in Virginia a public education in every school division that
meets the Standards of Quality legislated by the General Assembly.
  2. The memorandum further aruges that responsibility for progress
toward the goal and enforcement of the Standards of Quality guarantee
is vested exclusively by the Consitution in the General Assembly
which is taking and has taken action to address the important
educational problems at issue in the lawsuit.
   3. Finally, the memorandum states that the Board of Education, the
Secretary of Education and the Superintendent of Public Instruction
are not proper parties in as much as none of these parties establish
the current system of funding public school funding in the
Commonwealth, and have no authority to repeal or modify the current
system of funding.  In addition, the memorandum aruges that soveriegn
immunity bars complaint against the respondents in their official
capacities as public servants.
   Accordingly, the memorandum concludes that the pending case must
be dismissed.
   Under a scheduling order agreed to by the parties, the plaintiffs
have until Sept. 11 to file their brief on the issues raised by the
Commonwealth's demurrer.  The Commonwealth then has until Sept. 18 to
file a reply brief.  The demurrer will be argued on Sept. 24.
 -30-

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