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School takeover unit ruled unconstitutional

Va. judge cites legislative overreach to aid student outcomes; appeal unclear

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Posted: Wednesday, June 11, 2014 12:00 am

A Norfolk Circuit Court judge has found Virginia’s embattled school takeover division to be unconstitutional.

In a ruling issued Tuesday, Judge Charles E. Poston said that as the Virginia Constitution vests the authority to establish school divisions in the Board of Education — and not the General Assembly — the Opportunity Educational Institution is not constitutional “because it purports to establish a statewide school division and because it purports to create a school division that is not supervised by a school board.”

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