                                 CODE OF VIRGINIA

CALCULATION AND REPORTING OF REQUIRED LOCAL EXPENDITURES; PROCEDURE IF LOCALITY
FAILS TO APPROPRIATE SUFFICIENT EDUCATIONAL FUNDS (§ 22.1-97)

A. The Department of Education shall collect annually the data necessary to make
calculations and reports required by this subsection.
			At 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 (&#xA7; 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.
			The 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.
			The 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.
			The 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. 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.
			The 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 (&#xA7;
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.

HISTORY: Code 1950, § 22-21.2; 1971, Ex. Sess., c. 160; 1980, c. 559; 2003, c.
948; 2021, Sp. Sess. I, c. 489.