ROANOKE TIMES

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

DATE: WEDNESDAY, April 17, 1991                   TAG: 9104170388
SECTION: VIRGINIA                    PAGE: B1   EDITION: NEW RIVER VALLEY 
SOURCE: NEAL THOMPSON EDUCATION WRITER
DATELINE:                                 LENGTH: Long


FUNDING LAWSUIT CLOSER

If little Jane and Johnny Doe's parents decide to move from their wealthy Northern Virginia suburb to a rural hillside in Southwest Virginia, Jane and Johnny should get the same quality of education in their new elementary school as they did before.

Chances are they won't.

And few, if any, in Virginia's education ranks dispute that.

Some Northern Virginia students have 160 classes to choose from. Their district spends $8,000 per pupil each year and pays teachers $40,000.

Students in some rural districts get 40 classes to choose from. About $3,500 is spent per child each year, and their teachers get $20,000.

Vast gaps between school districts - Alexandria and Floyd County are examples - are illegal, a group of rural school superintendents says.

Friday, that group may decide that the best way to get Virginia to balance those differences is to drag the state into court.

The Coalition for Equity in Educational Funding is scheduled to meet in Roanoke. It's possible the group will vote to sue Virginia for not providing the same level of education to all students.

"Disparities violate the constitutional right of the children of Virginia who happen to be born and grow up in less-affluent districts," said former Attorney General Andrew Miller, whom the coalition hired in September.

In other states in recent years, the lawsuit tactic has worked for half the 27 groups that sued for similar reasons, Miller said.

Wilder, in Martinsville Tuesday night, said that if Virginia is added to that list, the state's cost of defending itself would be a waste of taxpayers' money - as well as a waste of time.

"It's chilling when you read about threats of lawsuits and people are saying we're not moving fast enough. I've only been in office 15 months," Wilder told the Martinsville-Henry County Chamber of Commerce.

Miller thinks Virginia's Constitution holds the state's education system to a higher standard than most states and makes the coalition's case strong.

"The right to an education is a fundamental right," Miller said Tuesday. "The fact that Virginia has this constitutional provision is certainly a plus."

Since organizing more than a year ago, the coalition has been nudging legislators, state Department of Education officials and Wilder. All along, members have threatened to file a lawsuit.

"If you don't fix it, we'll sue," was the unspoken (and sometimes spoken) threat.

Wilder tried to fix it when he appointed the Governor's Commission on Educational Opportunities for all Virginians, whose task was to find the problems and suggest solutions.

It found plenty of problems. But solutions in its report released in March were lame or nonexistent, said Halifax County Superintendent Kenneth Walker, the coalition secretary.

"It acknowledged serious disparities, but the recommendations are very general," Walker said. "There's nothing that's specific enough to address the disparities adequately."

Even one governor's commission member had problems with a few of its 27 recommendations.

"The funding formula is indeed flawed," said Madeline Wade, Virginia Education Association president. "The commission suggested it is fine and we keep using it. It is not fine."

Wade said there needs to be a bigger pie - not different-sized slices.

"Where you're born in the state of Virginia . . . really determines the quality of education you're going to receive. And that's the discouraging thing," Wade said.

A pie that will narrow the gaps in education would cost $1 billion, Wade said, "and that doesn't even address new salaries." Salaries already are below the national average, and most districts have had to forgo giving raises this year.

It's all up to the state's leadership to find more money, Wade said.

Wilder admitted that some of his commission's recommendations will cost money. But when asked Tuesday where that money will come from, he said, "That's what the General Assembly is here for."

Slumping revenues forced this year's General Assembly to be stingier with school funding. And most agree that it's not likely to improve much in the next few years.

So how can Virginia solve a huge problem that costs more money without more money?

It can't, members of the coalition say.

Giles County Superintendent Robert McCracken said about one-third of Virginia's budget goes toward education. But that percentage is much higher in other states with successful school systems.

Despite that, McCracken said he is one of the few optimistic coalition members. He probably would vote for allowing more time for the governor's commission and the coalition to work together before resorting to a lawsuit.

Wilder is another one who hopes for more time.

"Disparity didn't just come up overnight," he said after Tuesday's speech.

Wilder said he began trying to solve the disparity problem soon after he took office, "but before I can get off the ground, people are suing."

Another issue coalition members will discuss Friday is who their new leader will be. Current chairman Mark Pace recently announced he was retiring as Alleghany Highlands superintendent.



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