2006 Code of Virginia § 22.1-97 - Calculation and reporting of required local expenditures; procedure if locality fails to appropriat...

22.1-97. Calculation and reporting of required local expenditures;procedure if locality fails to appropriate sufficient educational funds.

A. The Department of Education shall collect annually the data necessary tomake calculations and reports required by this subsection.

At the beginning of each school year, the Department shall make calculationsto ensure that each school division has appropriated sufficient funds tosupport its estimated required local expenditure for providing an educationalprogram meeting the prescribed Standards of Quality, required by Article VIIIof the Constitution of Virginia and Chapter 13.2 ( 22.1-253.13:1 et seq.) ofthis title. At the conclusion of the school year, the Department shall makecalculations to verify whether the locality has provided the requiredexpenditure, based on average daily membership as of March 31 of the relevantschool year.

The Department shall report annually to the House Committees on Education andAppropriations and the Senate Committees on Finance and Education and Healththe results of such calculations and the degree to which each school divisionhas met, failed to meet, or surpassed its required expenditure.

The Joint Legislative Audit and Review Commission shall report annually tothe House Committees on Education and Appropriations and the SenateCommittees on Finance and Education and Health the state expenditure providedeach locality for an educational program meeting the Standards of Quality.

The Department and the Joint Legislative Audit and Review Commission shallcoordinate to ensure that their respective reports are based upon comparabledata and are delivered together, or as closely following one another aspracticable, to the appropriate standing committees.

B. Whenever such calculations indicate that the governing body of a county,city or town fails or refuses to appropriate funds sufficient to provide thatportion of the cost apportioned to such county, city or town by law formaintaining an educational program meeting the Standards of Quality, theBoard of Education shall notify the Attorney General of such failure orrefusal in writing signed by the president of the Board. Upon receipt of suchnotification, it shall be the duty of the Attorney General to file in thecircuit court for the county, city or town a petition for a writ of mandamusdirecting and requiring such governing body to make forthwith suchappropriation as is required by law.

The petition shall be in the name of the Board of Education, and thegoverning body shall be made a party defendant thereto. The court may, in itsdiscretion, cause such other officers or persons to be made parties defendantas it may deem proper. The court may make such order as may be appropriaterespecting the employment and compensation of an attorney or attorneys forany party defendant not otherwise represented by counsel. The petition shallbe given first priority on the docket of such court and shall be heardexpeditiously in accordance with the procedures prescribed in Article 2 (8.01-644 et seq.) of Chapter 25 of Title 8.01 and the writ of mandamus shallbe awarded or denied according to the law and facts of the case and with orwithout costs, as the court may determine. The order of the court shall befinal upon entry. Any appeal therefrom shall be heard and disposed ofpromptly by the Supreme Court next after habeas corpus cases already on thedocket.

(Code 1950, 22-21.2; 1971, Ex. Sess., c. 160; 1980, c. 559; 2003, c. 948.)