Bill seeks to expand eligibility for scholarships for students hurt by Massive Resistance

Thousands of students could be eligible for a state scholarship program under a bill that expands the definition of those impacted by racist Massive Resistance policies in Virginia’s past.

The bill, HB 1419, introduced by Del. Kaye Kory, D-Falls Church, would expand those eligible for the Brown v. Board of Education Scholarship Program to the “lineal and collateral descendants” of people who had their education affected by Massive Resistance, which was a coordinated effort to bypass federal laws barring racial discrimination.

This bill would amend and reenact 30-231.2 of the Code of Virginia. The current code indicates that an eligible student for the scholarship program must have resided in the jurisdictions in Virginia where public schools were closed to avoid desegregation between 1954 and 1964.

This new bill would expand those who are eligible for the scholarship program to the “lineal and collateral descendants” of people who had their education affected by massive resistance.

“We all know the negative effects of discrimination are not only limited to the generation experiencing it but their children and their children’s children,” Kory said.

The bill also states that the candidate must be based in Virginia, which is now a requirement to be eligible for the scholarship program.

“We should recognize the effects of the massive resistance,” Kory said.

The State Council of Higher Education for Virginia has operated the program with a maximum of 38 students per year, according to the 2023 fiscal impact statement. With this proposal, students eligible could extend into the thousands.

“Virginia is the only state that has such a fund,” Kory said.

A Senate bill, SB 230, passed during the 2004 Virginia General Assembly, created the Brown v. Board of Education Scholarship Program and marked the 50th anniversary of the unanimous Supreme Court ruling. The legislative committee, tasked with selecting recipients each year, includes members of the House of Delegates, the Senate and non-legislative citizen members appointed by Gov. Glenn Youngkin, according to its website.

Recipients of the scholarship may use their award for a variety of educational purposes including enrolling in a GED program or obtaining a masters degree.

“More people should know about this,” Kory said.

Currently, there is $1 million allocated for the scholarship program, according to the 2023 fiscal impact statement. The cost implications are undetermined if more students become eligible through the extension.

If the bill passes, SCHEV may require additional resources depending on participation, according to the 2023 fiscal impact statement.

The bill has received support from 17 Democratic House patrons and one Republican House patron, Del. Timothy Anderson, R-Virginia Beach. It has not received support from any Democratic or Republican Senate patrons.

Del. Shelly Simonds, D-Newport News, is a co-patron of HB 1419 and wrote in an email that the scholarship is a small step toward addressing the legacy of injustice in these impacted communities in Virginia.

“We just experienced how disruptive the pandemic was for student learning,” Simonds wrote. “Just imagine the learning loss and lives disrupted during the 10 years of school closures during massive resistance.”

The bill was referred to the Committee on Education last month.