ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, February 25, 1994                   TAG: 9402250053
SECTION: VIRGINIA                    PAGE: B-6   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium


SCHOOLS DISPARITY CASE HEARD

Disparities in school funding are so great across Virginia that the current funding formula must be declared unconstitutional, a lawyer told the state Supreme Court on Thursday.

An attorney representing the state countered that the current system has upheld standards of quality in public schools.

A coalition of poor schools in Southwest and Southside Virginia contends that children are being denied equal educational opportunities based on where they live.

Former Attorney General Andrew Miller, who represents the coalition, told the justices that funding in some school systems is 2 1/2 times greater per pupil than in others.

The 10 wealthiest school systems have average teacher-to-pupil ratios 24 percent higher than ratios in the 10 poorest divisions, he said.

Miller also noted that spending on instructional materials, library books and supplies is 12 to 22 times higher in some systems than in others.

Senior Assistant Attorney General Paul Forch argued that the disparities do not mean Virginia's funding formula is unconstitutional. He said the General Assembly has no duty to take money from wealthier school systems and give it to poorer systems.

"It's not `How much is Peter paying? How much is Paul paying?' " Forch said.

Forch said the state has done what it needs to do - maintain a standard of quality in education. He also pointed out that state lawmakers have approved millions of dollars to reduce disparities. The proposed 1994-96 budget includes $103 million to hire more teachers and improve technology at poor schools.

Neither side addressed what ending severe disparities might cost Virginia, or exactly who would pay higher taxes, although Miller said the matter eventually will be the responsibility of state lawmakers.

The court is expected to rule on the issue by spring. The localities appealed to the high court after Richmond Circuit Judge Melvin Hughes ruled against them in November 1992.

Localities involved in the case are Buchanan, Halifax, Pulaski and Russell counties, and the cities of Petersburg, Radford and South Boston, Miller said.



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