RESOURCES

DOCUMENTS

Virginia Constitution of 1870

1870

This education provision was a landmark moment in Virginia’s history. It created Virginia’s first statewide system of public education and was deeply shaped by Reconstruction-era reforms and federal mandates following the Civil War. However, as seen in Section 8, it also codified racial segregation in public schooling—a policy that would remain in effect until it was eventually overturned by court decisions and civil rights legislation in the 20th century.

White and colored children shall not be taught in the same school.

— ARTICLE VIII, SECTION 8

VIRGINIA CONSTITUTION OF 1870

ARTICLE VIII – Education

Section 1. The General Assembly shall provide, by law, at its first session under this Constitution, a uniform system of public free schools, and for its gradual, equal, and full introduction into all the counties of the State, by the year eighteen hundred and seventy-six, or as much earlier as practicable.

Section 2. The supervision of public schools shall be vested in a Superintendent of Public Instruction, who shall be elected by the people at the same time and for the same term as the Governor; and whose powers, duties, and compensation shall be prescribed by law.

Section 3. The General Assembly shall provide by law for a Board of Education, to be composed of the Superintendent of Public Instruction and such other persons as may be prescribed. The powers and duties of the Board shall be regulated by law.

Section 4. Each county and city shall be divided into school districts. In each district there shall be a school board, to be elected or appointed in such manner and for such terms as may be prescribed by law. The duties of the school boards shall be prescribed by law.

Section 5. The General Assembly shall set apart, as a permanent and perpetual Literary Fund, the present Literary Fund of the State, the proceeds of all public lands donated by Congress for public school purposes, the proceeds of all lands escheated to the State, all forfeitures, and fines, and penalties, and such other sums as the General Assembly may appropriate.

Section 6. The General Assembly shall apply the annual interest on the Literary Fund, and the income derived from the public school tax and other sources, to the support of public free schools, and shall make such other appropriations as may be necessary to carry out the purposes of this Article.

Section 7. All public schools shall be open to all children of the State, and free instruction shall be given to them at the public charge.

Section 8. White and colored children shall not be taught in the same school.