Most are familiar with the Supreme Court’s landmark decision in Brown v. Board of Education. Many do not know that one of the five consolidated cases decided in Brown and its sequel, Brown II, originated in Prince Edward County, Virginia. Regrettably, the desegregation ordered in Brown, which was to occur “with all deliberate speed” according to Brown II, is in peril.

Understanding that quality public education is in the public interest, the Supreme Court of Virginia has declared that education is a fundamental right under the Virginia Constitution, and the Virginia Constitution provides for “an education program of high quality.” Yet, the distance learning protocols in place during the COVID-19 pandemic are proving to be an insufficient replacement for quality in-classroom learning. The result of these deficient protocols promises to have a delayed but pervasive negative effect on all students — to the particular detriment of students whom the law has sought to protect over time.