SD28 - The Appropriateness of Designating the Middle School as the Third Level of Public Education in Virginia

  • Published: 1991
  • Author: Board of Education
  • Enabling Authority: Senate Joint Resolution 117 (Regular Session, 1990)

Executive Summary:
In Senate Joint Resolution No. 117 the General Assembly endorsed the process for restructuring education in the middle school grades, and requested that the Board of Education determine the appropriateness of designating the middle school as a separate level in the educational structure, focusing on curriculum and program needs.

The study first considers the literature and research, national trends, and recent emphasis in the Department of Education, all of which support a need for continuing emphasis on services and practices in middle level education which are different from those in the high school or elementary school grades. The study finds that middle level education is delivered in separate (middle, intermediate or junior high) schools in 103 of Virginia's 133 school divisions (with 89% of the state's total membership). and that at least 62 school divisions (with 62% of the state's total membership), will be organized with middle schools with grades 6-8 by 1992. A survey of division superintendents indicates that a clear majority of those responding support the designation of middle school as a third level of education.

The language "elementary and secondary" appeared first in the 1971 Constitution, and has been repeated since then in the Code. The Attorney General's office has indicated that, because the Code may not differ from the Constitution, amending § 22.1-2 to insert "middle" between "elementary and secondary" would not be permissible. An appropriate way of accomplishing the same purpose would be to amend § 22.1-1 of the Code to include "middle" or "elementary, middle and high" in the definition of "elementary and secondary." A constitutional amendment or revision would be needed to fully designate the middle school as a separate level in the educational structure, along with "elementary and secondary."

Because a constitutional revision or amendment would be necessary to fully designate the middle school as a separate level in the educational structure, and because constitutional revision is a more difficult and time-consuming process than amending and reenacting the Code, it is recommended that the designation of middle schools proceed in two stages.

Recommendations

In the first stage, as an interim measure, the existing language of the Code of Virginia should be modified by amending § 22.1-1, redefining "elementary and secondary schools" to include "elementary, middle and high schools". The definition should not assign specific grade levels for elementary, middle, or high schools, and should make clear that there is not a requirement that school divisions maintain separate middle schools. "Middle school" or "middle" should also be inserted as appropriate in other Code sections. Appendix B includes the suggested amendments.

In the second stage, at such time as a general revision or other significant amendments are made to the Constitution of Virginia, Article VIII, § 1. should be amended to provide for "a system of free public elementary, middle and [strike the word 'secondary'] high schools." Likewise, Article VIII. § 3. should be amended to provide for compulsory elementary, middle and [strike the word 'secondary'] high school education." Revision of the Code of Virginia should follow.