GOVERNOR'S VETO

Pursuant to Article V, Section 6 of the Constitution of Virginia, I veto House Bill No. 2200.

This bill creates another bureaucratic council and assigns it work already vested in the Secretary of Education, the Board of Education, the Blue Ribbon Commission on Higher Education, and the State Council of Higher Education.

Article VIII, § 4 of the Constitution of Virginia makes the Board of Education responsible for the “general supervision of the public school system.” Article VIII, § 5(b) gives the Board responsibility for reporting to the Governor and the General Assembly on “the condition and needs of public education in the Commonwealth.” Although this bill does not expressly remove these powers vested in the Board of Education, it contradicts the Constitution’s provision that the “Board shall have primary responsibility and authority for effectuating the educational policy” of the Commonwealth. See Article VIII, § 5(e) (emphasis added).

The Board of Education also has responsibility for teacher licensure under the Code of Virginia, and a “Teacher Education Advisory Board” is established to work with the Board in fulfilling those responsibilities. See Va. Code §§ 22.1-298 and 22.1-305.2.

The chief function of the council created by this bill would be to coordinate education policies, goals and reforms among all education agencies. That responsibility is expressly assigned to the Secretary of Education pursuant to Va. Code § 2.1-51.21. Additionally, Va. Code § 23-9.8 already requires the State Council of Higher Education to “cooperate with the State Board of Education in matters of interest to both the public schools and the state-supported institutions of higher education, particularly in connection with coordination of the college admission requirements and teacher training programs with the public school program."

The patron of this bill has never expressed to me any concern that the Secretary of Education and the President of the State Board of Education are failing to fulfill their constitutional and statutory responsibilities.

Finally, I am not convinced that an additional council -- one that duplicates the work and responsibilities of so many other boards, commissions and agencies -- will have a direct impact on the lives of students in Virginia.

Therefore, I am returning this bill without my approval.