{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-97.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-97.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-97.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-97.html"}],"law_id":76658,"edition_id":1,"section_id":76658,"structure_id":14186,"section_number":"22.1-97","catch_line":"Calculation and reporting of required local expenditures; procedure if locality fails to appropriate sufficient educational funds","history":"Code 1950, \u00a7 22-21.2; 1971, Ex. Sess., c. 160; 1980, c. 559; 2003, c. 948; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nThe Department of Education shall collect annually the data necessary to make calculations and reports required by this subsection.\n\t\t\tAt the beginning of each school year, the Department shall make calculations to ensure that each school division has appropriated sufficient funds to support its estimated required local expenditure for providing an educational program meeting the prescribed Standards of Quality, required by Article VIII of the Constitution of Virginia and Chapter 13.2 (§ 22.1-253.13:1 et seq.) of this title. At the conclusion of the school year, the Department shall make calculations to verify whether the locality has provided the required expenditure, based on average daily membership as of March 31 of the relevant school year.\n\t\t\tThe Department shall report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the results of such calculations and the degree to which each school division has met, failed to meet, or surpassed its required expenditure.\n\t\t\tThe Joint Legislative Audit and Review Commission shall report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the state expenditure provided each locality for an educational program meeting the Standards of Quality.\n\t\t\tThe Department and the Joint Legislative Audit and Review Commission shall coordinate to ensure that their respective reports are based upon comparable data and are delivered together, or as closely following one another as practicable, to the appropriate standing committees.B\n\nWhenever such calculations indicate that the governing body of a county, city or town fails or refuses to appropriate funds sufficient to provide that portion of the cost apportioned to such county, city or town by law for maintaining an educational program meeting the Standards of Quality, the Board of Education shall notify the Attorney General of such failure or refusal in writing signed by the president of the Board. Upon receipt of such notification, it shall be the duty of the Attorney General to file in the circuit court for the county, city or town a petition for a writ of mandamus directing and requiring such governing body to make forthwith such appropriation as is required by law.\n\t\t\tThe petition shall be in the name of the Board of Education, and the governing body shall be made a party defendant thereto. The court may, in its discretion, cause such other officers or persons to be made parties defendant as it may deem proper. The court may make such order as may be appropriate respecting the employment and compensation of an attorney or attorneys for any party defendant not otherwise represented by counsel. The petition shall be given first priority on the docket of such court and shall be heard expeditiously 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 shall be awarded or denied according to the law and facts of the case and with or without costs, as the court may determine. The order of the court shall be final upon entry. Any appeal therefrom shall be heard and disposed of promptly by the Court of Appeals.","order_by":null,"text":{"0":{"id":275173,"text":"The Department of Education shall collect annually the data necessary to make calculations and reports required by this subsection.\n\t\t\tAt the beginning of each school year, the Department shall make calculations to ensure that each school division has appropriated sufficient funds to support its estimated required local expenditure for providing an educational program meeting the prescribed Standards of Quality, required by Article VIII of the Constitution of Virginia and Chapter 13.2 (§ 22.1-253.13:1 et seq.) of this title. At the conclusion of the school year, the Department shall make calculations to verify whether the locality has provided the required expenditure, based on average daily membership as of March 31 of the relevant school year.\n\t\t\tThe Department shall report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the results of such calculations and the degree to which each school division has met, failed to meet, or surpassed its required expenditure.\n\t\t\tThe Joint Legislative Audit and Review Commission shall report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the state expenditure provided each locality for an educational program meeting the Standards of Quality.\n\t\t\tThe Department and the Joint Legislative Audit and Review Commission shall coordinate to ensure that their respective reports are based upon comparable data and are delivered together, or as closely following one another as practicable, to the appropriate standing committees.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275174,"text":"Whenever such calculations indicate that the governing body of a county, city or town fails or refuses to appropriate funds sufficient to provide that portion of the cost apportioned to such county, city or town by law for maintaining an educational program meeting the Standards of Quality, the Board of Education shall notify the Attorney General of such failure or refusal in writing signed by the president of the Board. Upon receipt of such notification, it shall be the duty of the Attorney General to file in the circuit court for the county, city or town a petition for a writ of mandamus directing and requiring such governing body to make forthwith such appropriation as is required by law.\n\t\t\tThe petition shall be in the name of the Board of Education, and the governing body shall be made a party defendant thereto. The court may, in its discretion, cause such other officers or persons to be made parties defendant as it may deem proper. The court may make such order as may be appropriate respecting the employment and compensation of an attorney or attorneys for any party defendant not otherwise represented by counsel. The petition shall be given first priority on the docket of such court and shall be heard expeditiously 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 shall be awarded or denied according to the law and facts of the case and with or without costs, as the court may determine. The order of the court shall be final upon entry. Any appeal therefrom shall be heard and disposed of promptly by the Court of Appeals.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14186,"edition_id":1,"name":"State and Local Funds","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13154,"metadata":{},"date_created":"2026-06-26 03:47:11","date_modified":"2026-06-26 03:47:11","permalink":{"id":184215,"object_type":"structure","relational_id":14186,"identifier":"1","token":"22.1\/8\/1","url":"\/22.1\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13154,"edition_id":1,"name":"Public School Funds","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":184213,"object_type":"structure","relational_id":13154,"identifier":"8","token":"22.1\/8","url":"\/22.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66264,"structure_id":14186,"section_number":"22.1-100","catch_line":"Unexpended school and educational funds; capital reserve fund permitted","url":"\/22.1-100\/","token":"22.1\/8\/1\/22.1-100","metadata":false},{"id":55364,"structure_id":14186,"section_number":"22.1-100.1","catch_line":"Lottery proceeds nonrecurring costs escrow accounts","url":"\/22.1-100.1\/","token":"22.1\/8\/1\/22.1-100.1","metadata":false},{"id":76120,"structure_id":14186,"section_number":"22.1-101","catch_line":"Repealed","url":"\/22.1-101\/","token":"22.1\/8\/1\/22.1-101","metadata":false},{"id":74908,"structure_id":14186,"section_number":"22.1-101.1","catch_line":"Increase of funds for certain nonresident students; how increase computed and paid; billing of out-of-state placing agencies or persons","url":"\/22.1-101.1\/","token":"22.1\/8\/1\/22.1-101.1","metadata":false},{"id":64959,"structure_id":14186,"section_number":"22.1-88","catch_line":"Of what school funds to consist","url":"\/22.1-88\/","token":"22.1\/8\/1\/22.1-88","metadata":false},{"id":57224,"structure_id":14186,"section_number":"22.1-89","catch_line":"Management of funds","url":"\/22.1-89\/","token":"22.1\/8\/1\/22.1-89","metadata":false},{"id":59241,"structure_id":14186,"section_number":"22.1-89.1","catch_line":"Management of cafeteria funds","url":"\/22.1-89.1\/","token":"22.1\/8\/1\/22.1-89.1","metadata":false},{"id":80975,"structure_id":14186,"section_number":"22.1-89.2","catch_line":"Financial records retention and disposition schedule","url":"\/22.1-89.2\/","token":"22.1\/8\/1\/22.1-89.2","metadata":false},{"id":57636,"structure_id":14186,"section_number":"22.1-89.3","catch_line":"Repealed","url":"\/22.1-89.3\/","token":"22.1\/8\/1\/22.1-89.3","metadata":false},{"id":76526,"structure_id":14186,"section_number":"22.1-89.4","catch_line":"Certain policy required; partnerships and sponsorships","url":"\/22.1-89.4\/","token":"22.1\/8\/1\/22.1-89.4","metadata":false},{"id":58133,"structure_id":14186,"section_number":"22.1-90","catch_line":"Annual report of expenditures","url":"\/22.1-90\/","token":"22.1\/8\/1\/22.1-90","metadata":false},{"id":84642,"structure_id":14186,"section_number":"22.1-90.1","catch_line":"Inclusion of instructional spending in the School Performance Report Card","url":"\/22.1-90.1\/","token":"22.1\/8\/1\/22.1-90.1","metadata":false},{"id":84324,"structure_id":14186,"section_number":"22.1-91","catch_line":"Limitation on expenditures; penalty","url":"\/22.1-91\/","token":"22.1\/8\/1\/22.1-91","metadata":false},{"id":77426,"structure_id":14186,"section_number":"22.1-92","catch_line":"Estimate of moneys needed for public schools; notice of costs to be distributed","url":"\/22.1-92\/","token":"22.1\/8\/1\/22.1-92","metadata":false},{"id":85064,"structure_id":14186,"section_number":"22.1-93","catch_line":"Approval of annual budget for school purposes","url":"\/22.1-93\/","token":"22.1\/8\/1\/22.1-93","metadata":false},{"id":56160,"structure_id":14186,"section_number":"22.1-94","catch_line":"Appropriations by county, city or town governing body for public schools","url":"\/22.1-94\/","token":"22.1\/8\/1\/22.1-94","metadata":false},{"id":59475,"structure_id":14186,"section_number":"22.1-95","catch_line":"Duty to levy school tax","url":"\/22.1-95\/","token":"22.1\/8\/1\/22.1-95","metadata":false},{"id":59989,"structure_id":14186,"section_number":"22.1-96","catch_line":"Proration of operating cost, expenditures for capital outlay purposes and indebtedness for construction of buildings in certain school divisions","url":"\/22.1-96\/","token":"22.1\/8\/1\/22.1-96","metadata":false},{"id":76658,"structure_id":14186,"section_number":"22.1-97","catch_line":"Calculation and reporting of required local expenditures; procedure if locality fails to appropriate sufficient educational funds","url":"\/22.1-97\/","token":"22.1\/8\/1\/22.1-97","metadata":false},{"id":77449,"structure_id":14186,"section_number":"22.1-98","catch_line":"Reduction of state aid when length of school term below 180 days or 990 hours","url":"\/22.1-98\/","token":"22.1\/8\/1\/22.1-98","metadata":false},{"id":66234,"structure_id":14186,"section_number":"22.1-98.1","catch_line":"Extended School Year Incentive Program","url":"\/22.1-98.1\/","token":"22.1\/8\/1\/22.1-98.1","metadata":false},{"id":75612,"structure_id":14186,"section_number":"22.1-98.2","catch_line":"Certain agreements; adjustment of state share for basic aid","url":"\/22.1-98.2\/","token":"22.1\/8\/1\/22.1-98.2","metadata":false},{"id":85148,"structure_id":14186,"section_number":"22.1-99","catch_line":"Approval and certification of apportionment of school funds","url":"\/22.1-99\/","token":"22.1\/8\/1\/22.1-99","metadata":false}],"previous_section":{"id":59989,"structure_id":14186,"section_number":"22.1-96","catch_line":"Proration of operating cost, expenditures for capital outlay purposes and indebtedness for construction of buildings in certain school divisions","url":"\/22.1-96\/","token":"22.1\/8\/1\/22.1-96","metadata":false},"next_section":{"id":77449,"structure_id":14186,"section_number":"22.1-98","catch_line":"Reduction of state aid when length of school term below 180 days or 990 hours","url":"\/22.1-98\/","token":"22.1\/8\/1\/22.1-98","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-97\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 559; in 2003, chapter 948<\/a>.<\/p>","references":false,"refers_to":[{"id":80280,"section_number":"22.1-253.13:1","catch_line":"(Effective July 1, 2026) Standard 1. Instructional programs supporting the Standards of Learning and other educational objectives","order_by":null,"url":"\/22.1-253.13_1\/"},{"id":84813,"section_number":"8.01-644","catch_line":"Application for mandamus or prohibition","order_by":null,"url":"\/8.01-644\/"}],"permalink":{"id":184289,"object_type":"law","relational_id":76658,"identifier":"22.1-97","token":"22.1\/8\/1\/22.1-97","url":"\/22.1-97\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-97\/","token":"22.1\/8\/1\/22.1-97","dublin_core":{"Title":"Calculation and reporting of required local expenditures; procedure if locality fails to appropriate sufficient educational funds","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-97","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> of Education shall collect annually the data necessary to make calculations and reports required by this subsection.\n\t\t\tAt the beginning of each school year, the Department<\/span> shall make calculations to ensure that each school division has appropriated sufficient funds to support its estimated required local expenditure for providing an educational program meeting the prescribed Standards of Quality, required by Article VIII of the Constitution of Virginia and Chapter 13.2 (§ 22.1-253.13:1<\/a> et seq.) of this title. At the conclusion of the school year, the Department<\/span> shall make calculations to verify whether the locality has provided the required expenditure, based on average daily membership as of March 31 of the relevant school year.\n\t\t\tThe Department<\/span> shall report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the results of such calculations and the degree to which each school division has met, failed to meet, or surpassed its required expenditure.\n\t\t\tThe Joint Legislative Audit and Review Commission shall report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the state expenditure provided each locality for an educational program meeting the Standards of Quality.\n\t\t\tThe Department<\/span> and the Joint Legislative Audit and Review Commission shall coordinate to ensure that their respective reports are based upon comparable data and are delivered together, or as closely following one another as practicable, to the appropriate standing committees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever such calculations indicate that the governing body<\/span> of a county, city or town fails or refuses to appropriate funds sufficient to provide that portion of the cost apportioned to such county, city or town by law<\/span> for maintaining an educational program meeting the Standards of Quality, the Board<\/span> of Education shall notify the Attorney General<\/span> of such failure or refusal in writing signed by the president of the Board<\/span>. Upon receipt of such notification, it shall be the duty of the Attorney General<\/span> to file in the circuit<\/span> court<\/span> for the county, city or town a petition<\/span> for a writ of mandamus<\/span> directing and requiring such governing body<\/span> to make forthwith such appropriation as is required by law<\/span>.\n\t\t\tThe petition<\/span> shall be in the name of the Board<\/span> of Education, and the governing body<\/span> shall be made a party<\/span> defendant<\/span> thereto. The court<\/span> may, in its discretion, cause such other officers or persons to be made parties defendant<\/span> as it may deem proper. The court<\/span> may make such order<\/span> as may be appropriate respecting the employment and compensation of an attorney or attorneys for any party<\/span> defendant<\/span> not otherwise represented by counsel<\/span>. The petition<\/span> shall be given first priority on the docket<\/span> of such court<\/span> and shall be heard expeditiously in accordance with the procedures prescribed in Article 2 (§ 8.01-644<\/a> et seq.) of Chapter 25 of Title 8.01 and the writ of mandamus<\/span> shall be awarded or denied according to the law<\/span> and facts<\/span> of the case and with or without costs, as the court<\/span> may determine. The order<\/span> of the court<\/span> shall be final upon entry. Any appeal<\/span> therefrom shall be heard and disposed of promptly by the Court<\/span> of Appeals<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCALCULATION AND REPORTING OF REQUIRED LOCAL EXPENDITURES; PROCEDURE IF LOCALITY\nFAILS TO APPROPRIATE SUFFICIENT EDUCATIONAL FUNDS (\u00a7 22.1-97)\n\nA. The Department of Education shall collect annually the data necessary to make\ncalculations and reports required by this subsection.\n\t\t\tAt the beginning of each school year, the Department shall make calculations\nto ensure that each school division has appropriated sufficient funds to support\nits estimated required local expenditure for providing an educational program\nmeeting the prescribed Standards of Quality, required by Article VIII of the\nConstitution of Virginia and Chapter 13.2 (§ 22.1-253.13:1 et seq.) of this\ntitle. At the conclusion of the school year, the Department shall make\ncalculations to verify whether the locality has provided the required\nexpenditure, based on average daily membership as of March 31 of the relevant\nschool year.\n\t\t\tThe Department shall report annually to the House Committees on Education and\nAppropriations and the Senate Committees on Finance and Appropriations and on\nEducation and Health the results of such calculations and the degree to which\neach school division has met, failed to meet, or surpassed its required\nexpenditure.\n\t\t\tThe Joint Legislative Audit and Review Commission shall report annually to\nthe House Committees on Education and Appropriations and the Senate Committees\non Finance and Appropriations and on Education and Health the state expenditure\nprovided each locality for an educational program meeting the Standards of\nQuality.\n\t\t\tThe Department and the Joint Legislative Audit and Review Commission shall\ncoordinate to ensure that their respective reports are based upon comparable\ndata and are delivered together, or as closely following one another as\npracticable, to the appropriate standing committees.\n\nB. Whenever such calculations indicate that the governing body of a county, city\nor town fails or refuses to appropriate funds sufficient to provide that portion\nof the cost apportioned to such county, city or town by law for maintaining an\neducational program meeting the Standards of Quality, the Board of Education\nshall notify the Attorney General of such failure or refusal in writing signed\nby the president of the Board. Upon receipt of such notification, it shall be\nthe duty of the Attorney General to file in the circuit court for the county,\ncity or town a petition for a writ of mandamus directing and requiring such\ngoverning body to make forthwith such appropriation as is required by law.\n\t\t\tThe petition shall be in the name of the Board of Education, and the\ngoverning body shall be made a party defendant thereto. The court may, in its\ndiscretion, cause such other officers or persons to be made parties defendant as\nit may deem proper. The court may make such order as may be appropriate\nrespecting the employment and compensation of an attorney or attorneys for any\nparty defendant not otherwise represented by counsel. The petition shall be\ngiven first priority on the docket of such court and shall be heard\nexpeditiously in accordance with the procedures prescribed in Article 2 (§\n8.01-644 et seq.) of Chapter 25 of Title 8.01 and the writ of mandamus shall be\nawarded or denied according to the law and facts of the case and with or without\ncosts, as the court may determine. The order of the court shall be final upon\nentry. Any appeal therefrom shall be heard and disposed of promptly by the Court\nof Appeals.\n\nHISTORY: Code 1950, \u00a7 22-21.2; 1971, Ex. Sess., c. 160; 1980, c. 559; 2003, c.\n948; 2021, Sp. Sess. I, c. 489.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}