4 20 235 https://projectdaps.org/files/original/6f77bc35c7a8a064b37a3e566112c278.pdf 511b61a570d6c0faa296bf35275544c1 PDF Text Text PoL Sci. I P a th s to Desegregation" by C harles L. B lack, J r . R eprinted, by perm ission, from the New Republic, October 21, 1957. Copyright, 1957, New Republic. It has been th re e y ears since the f irs t segregation decision on public schools. Most Southern schools have not made a s t a r t toward integration. A large num ber have begun longrange plans, with token Integration now. In very few Southern communities do any consider-: able fraotion of N egro children enjoy the rights the C ourt th re e years ago said w ere th e irs. If every fe d era l court In the South w ere now to order im m ediately total Integration (the ex trem e of the "firm " judicial approach a s it may be called), it would be h ard to p a ss the stric tu re of unseem ly h aste. But of course, re alistic ally , even that will by no m eans be done. The Suprem e Court, in Its " a ll deliberate speed” form ula, has allowed leeway, and it is c ertain th at virtu ally every plan that will be o rd ered into effect by a D istric t Court will contain som e substantial adm ixture of gradualism . The question is one of d egree, and of , good faith. In p ra c tic e , today, judicial firm ness at its extrem e can mean no m ore than r e fusal by the judges to allow indefinite o r unreasonably extended delay, th eir declining alto gether to liste n to vague and in appropriate excuses and th e ir probing carefully the good faith of would-be postponers. Those who fe a r, as a re a l possibility, what might happen if a ll the Negro c hildren and a ll the white c hildren w ere to be wedged together in one school tom orrow , can have followed only sketchily the recen t judicial history of this subject. By executive firm n ess I m ean th e u se, by the officials charged with enforcing the law, of such m eans a s a re n ecessary to se e i t enforced and, perhaps m ore im portant, th e ir making it clear, in advance and a ll along, th a t this will be done. Executive softness, on the other hand, m ay be m easured by d egree of departure from th is course; at its ex trem e, it would refrain fro m any action to im plem ent court decisions, tru stin g wholly to voluntary compli ance by the p a rtie s and the comm unity. I think m any people, though favoring integration, stand honestly perplexed between a generally soft and a generally firm attitude. They m ay be w orried about questions of law, of m o rals, o r of expediency. The law, p a rticu la rly as re g a rd s executive firm n e ss, is sim ple. Indeed, few informed people would have discerned a question h e re a t a ll, had not words like "unconstitutional" and "illeg al" been flung about of late by statesm en of a tte sted gentlem anliness and sectional eminence. M ajor G en eral W alker usefully sum m arized the position in his talk to the 3tudSnts of L ittle R ock C e n tra l High on Septem ber 25. He rem inded them of the whole c la ss ic line of reasoning, through Constitution and suprem acy clause, to authoritative in terp retatio n , to the P re s id e n t's oath of office. Surely, his h e are rs, having reached high school, would have been astonished to find legal reasoning taking any other course. T here is not the slightest doubt of the legal and constitutional c o rre c tn e ss of firm action by the Executive to enforce court o rd e rs , and much speaking could add nothing to the c la rity and rightness of M ajor Gen e ra l W alk er's w ords. . �Paths to Desegregation 2 / The purely legal case fo r judicial firm n e ss in the extrem est form is less categorical, but the case for a high degree of judicial firm n e ss is overwhelming. Some citizens m ight be su rp rised to learn that, even after a litigant has been declared by a court to [have a c le a r legal right to som ething, the court does not always proceed to ord er his enjoyment of thgt right without any delay. Yet reflection w ill show this m ust once in a while happen. In the f irs t place, it usually takes some tim e to comply with any court o rd e r; even if the d e fendant is only told to sign a deed, the court m ust give him tim e to get a pen. If the act o rd ered Is of g re at complexity, m ore tim e m ay be needed. F u rth e r, a court may, without violating precedent, allow some additional delay when to do so will spare the defendant g re at inconvenience and when the delay w ill not be too hard on the plaintiff; thus, a corporation ordered to divest its e lf of stock holdings in another corporation may be given se v e ra l years In which to do th is , test a forced sate b re a k the m arket. So fa r as I can find, none of these precedents concerned constitutional rig h ts , and none concerned rig h ts as vital and perso n al as those of the N egro children in the segregation cases. To delay th e ir entry into u n seg re gated schools by one day may, th erefo re, be looked on as a stretch in g of the law — but our law does stre tc h to som e extent, and no one can say for sure (as a purely technical m a tte r and reg ard less of its wisdom) that indulgence of any form of gradualism clearly violates settled law. But our law w ill not stretch indefinitely. Any very prolonged delay Is, of course, a to ta l denial of ju stice to the individual child, and above all, any use of these leeways, granted for legitim ate comm unity accommodation, fo r the purpose of thw arting attainm ent of the a s sum ed goal is in bad faith and is as glaringly wrong technically as it is non-teehnicatly. The Supreme Court, by " a ll deliberate sp eed ," cannot possibly have m eant "a fte r indefinite d e lay" and still less can have intended the p h rase to be used a s a cloak for total or p a rtia l noncompliance. The school board txr school b o a rd 's lawyer th at would so use it would be guilty of a fraud on the court. The judge who would go along would be guilty of gross d e re liction of duty. As for the m a tte r of m orality, d isc u ssio n would be m ore difficult if it had to proceed in d isre g ard of the p ra c tic e s of our society in o ther concerns, for we would then have to sta rt with b asic p re m ise s, and these, in m o rality , can never b e a m a tte r of easy dem onstration. We a re talking, u ltim ately, about w hether force should be used, and some people think force should never be used. Even when we a re not pacifist, many of us (and I am of this number)not only re sp ec t such people but have an uncom fortable feeling they m ay b e right a fte r all. But so fa r as the p re se n t isolated problem goes, such re sp ec t and such doubts a re quite an o ther story. F o r we a re not (however m uch we may be ted to think so by the sobbing of those winds of self-rig h teo u sn ess and se lf-p ity th at mingle together and blow out of the ed ito rial South) judging of the general question w hether government m ay pro p erly use force to bring about obedience. The invariable assum ption made and acted on by our nation, a s w ell as by a ll others, is th at governm ent w ill do th is. The only m oral issu e left, then, is w hether an absolutely unprecedented exception sh a ll b e made in the case of school integration. It is im possible to p h ra se in intelligible E nglish any m oral argum ent for departing, in th is one special c a se , fro m o u r invariant p ra c tic e . We can be so rry fo r the L ittle Rock rio te r s ; I am so rry fo r any m an who shouts, "N iggers a re ju st animals!*' fo r what that re ally m eans, I believe, is that he thinks of him self a s ju s t an anim al, and that is a so rry predicam ent fo r a m an to be in. B ut it is h ard to Imagine a case m ore devoid of m o ral appeal. �Paths to D esegregation 3 / I should like to h e ar what a sin c ere pacifist would say if he saw us continuing to jail fo rg ers, shoot it out with bankrobbers, and execute m u rd e re rs, and then heard us p ro te s t, - "We can 't enforce the segregation d e c re e s because force is w rong!" Gandhi him self said j b e tte r violence than abstention through cowardice. But cowardice is an understandable and / forgivable thing com pared with that m ixture of caprice and hypocrisy that would be re q u ir ed for us to se e (given the assum ptions by which we live) any re a l m oral problem in .th e use of fo rce, w here n ecessary and in the n ecessary m easu re, to bring about compliance with a c o u rt's desegregation o rd e r. Perhaps a ll th is "m oral" confusion has arisen out of the prevalence of the saying that oes (approxim ately), "You oughtn't to t r y to enforce m orality by law ." Now th is aphor ism can b e a r th re e m eanings, two in trin sic ally fatuous and one fatuous in presen t applica tion. It m ay m ean, "You can't produce inner m orality by legal m ean s." This is half irrelevant and half fa lse. It is irre le v a n t because we constantly impose legal sanctions on behavior, w hether o r not the th re a t of sanction purifies the mind of the potential wrong doer. We sa y to a m an who is thinking about raising a check, "Do it and you go to ja il." We a re sa tisfie d , legally, if he re fra in s , even though he m ay still wish he could get away with it. And the saying in this sen se is fa lse, in im portant p a rt; beyond a ll question, law does shape attitude, in this as in other cultures. / The second possible meaning, "L aw shouldn't forbid im m oral a c ts ," needs no d isc u s< sion. Let us hope th at at least m ost ille g a l acts are also im m oral. If not, the law is in a bad way. The saying has a third and quite legitim ate meaning: "The law ought not to in te rfe re in m atters that a re none of society's b u sin e ss, simply because of m oral d isapproval." Good! L et's all a g ree to that. The firs t job w ilt be to get rid of our idiotic sex-behavisr law s, the wonder of the civilized world. But how fantastic to see any application to the g re a te st of our public problem s! Now the upshot of all the above is th at the "firm " attitude toward im plem entation and enforcem ent is sim ply the norm al attitude with Which we approach any sim ila r problem . If a man has a legal right, the court norm ally o rd e rs th a t he be adm itted to im m ediate en joyment of it; if anybody wilfully o b stru c ts this p ro c ess, such force is invariably brought to b e ar a s w elll rem ove the obstruction. The m orality of not E m ptying vigorous m eans in this case tu rn s out to be nothing m o re o r less than the nauseous hypocrisy of applying, to this one problem alone, an ethic of non-violence decisively rejected everyw here else in our culture, and by no one m ore em phatically than by the v e ry gentlemen who would use It uniquely to keep the Negro out of h is place. Yet, in the in te re st of unencum bered thought let us fo r the moment push a ll questions of taw and m o rality to the back of the mind and tre a t the problem of expediency a s a fresh one: If p e rfe c tly fre e , legally and m orally, to choose the m ost efficacious m eans fo r a t taining desegregation, would we choose the firm or the soft approach? The f i r s t job of common se n se , h e re as often, is to dust away a lot of spurious "com mon sense" that does not deserve the nam e. The g re atest obstacle, perh ap s, to c le a r headed thought about the present problem is the "common sense" view that, if anything seem s to p re se n t difficulty, it is invariably b etter to do it slowly. Now this is just not so, as anybody knows who has had to pull a thorn out of h is own heel. T here is no such general �Paths to Desegregation 4 principle. Some h a rd things a re b est done slowly. Other hard things a re b est done quickly. It is folly to try to clim b a dangerous m ountain by starting off a s fa st as you can on the sh o rte st way to the top. To try to quit heavy drinking by "tapering o f f is, equally, folly. Analogies, one way o r another, a re v a lu e less, fo r any num ber of analogies can be found, any num ber of fig u re s of speech m ultiplied, on either side of the question. We m ust look a t the problem its e lf, in its uniqueness. L et's sta rt by listing the principal s o u rc es in the Snnth.nf.potential support fo r d e se g re gation; we can then attem pt to a sse ss the probable effect on these of the firm and soft ap= — pro aches respectively. I shall om it d iscussion of those who actually favor desegregation on the m erits. It can be assum ed that m ost of them will stand firm ; unfortunately, th e ir num b e r, among the w hites, is sm all, though not as sm all as some m ight lead us to believe. As to the bulk of the Southern white population, the following a re the chief m otives that p rom ise som e possibility of support: / I. R espect fo r law. This is by f a r the m ost im portant. Southern people have the sam e training and views as the r e s t of the nation in this re g ard ; re sistan c e to law, th e re fo re , throws them into a state of inner conflict. / “> 2. R eligious and ethical feeling. T his is in some p ersons sh arp and in others quite vague. It may take the shape of keen conflict between a thoroughly articulated belief in the universal Fatherhood of God and the d e sire to get along with the gang. It may be diffuse, as religion is diffuse in the tradition of m any Southern men of the middle class who (paradoxi-al calty and often quite consciously in the footsteps of Lincoln) re fu se to have anything to do with organized relig io n o r form al dogm a, and who yet experience deep religious s tirrin g s . One way o r another, m illions of S outherners a re bothered by a voice that is saying (or that they h e a r only muffedly, but that they fe a r is saying): "If I made this man in My im age, how do you d a re to tr e a t him as you a re doing?" (Note h e re th at the L ittle Rock rio te r, quoted above, gives the show away; in o rd e r to deny the N egro child the right to e n te r Cen t r a l High, he f e e ls he m ust deny th at the child is human. At lea st he is frank about what segregation m eans—refreshingly, a fte r so much oratory on " p a ra lle l development" of "o u r colored frien d s"!) Under th is heading should be included ethical feelings without definite religious connec tion. The trad itio n of "A M an's a m an" is strong in the South, and i t's a stra in to rememUb e r to supply the adjeotlve of color. 3. D e sire fo r peace or business as usual... This motive neednot be wholly econom ic. though it is often predom inantly so. Southern people a re tire d , and w ill grow m ore tire d , of the p re sen t c r is is atm osphere. In isolation (as it ra re ly is in a re a l individual) this motive, unlike the other two, has no inherent tendency tow ard support of desegregation. It sees conflict and want peace, on one se t of term s o r another. These m otives, principally, a re the stuff we have to w ork with. What is the probable im pact, on each of them , of the firm a s opposed to the soft approach? As to re sp e c t fo r law, the answ er is easy. When the court w ill not in sist th at legal rights be im plem ented by norm al legal rem edies, or when the executive will not back up the courts in the no rm al way, I think the typical citizen hardly fe els he is dealing with "law" at ■— alL He cannot show re sp ec t for a law that does not resp ect itself; his re sp ec t fo r law is ■ �Paths to Desegregation 5 given no outlet. L et's be m o re concrete about this last. If a court d eclares that Negro children have a constitutional rig h t to go to school with w hites, a Southern white may, if he re sp e c ts the law, prepare h im self at the least to acquiesce and to support the authority of the court against law less elem ents. But what attitude will his re sp e c t fo r law lead him to adopt if the court adds th a t actual enjoyment of the right is to be postponed until an open-end s e rie s of policy fa c to rs appear right to the c o u rt? Respect for taw can no longer m otivate in s is tence on desegregation, for the court its e lf is not insisting. Thus the motive of re sp e c t for taw, which is the chief a sse t we have in the South, is left to idle, without any m eans by which it can be g eared in and put to w ork, while the man who m ight have been moved by it to support desegregation even against h is own emotional p referen ce is inevitably thrown into tactical alliance with the out-and-out obstructionists. I w itnessed the beginning of th is p ro c e ss on a trip home to Texas in June, 1954. When I got there the secregation decision was s till new. 1 found th at many people 1 talked to w ere in a mood of disgruntled o r re sen tfu l acquiescence. The Court had declared that Negroes w ere to com e to white schools, and it was ra th e r generally assum ed that, as the norm al iconsequence of such a declaratio n , they'd be coming. Too bad, not the world a s we knew it, but th e re you a re. Before I left, people were waking up. The Court hadn't said when, o r how m any, in fact, the Court had indicated its e a r w as open to pleas fo r what seem ed to Southern people "reasonableness" and "flexibility." E d ito rials began to appear treating segregation a s a wholly open question — with, of c o u rse, only one right-thinking answ er. Friends anxious[y asked me now, I noticed, whether I thought segregation should be, o r would be, abolished— and this six o r eight weeks after the decision! They w ere beginning to look on the C o u rt's holding as a suggestion, and of c o u rse, as a suggestion, it was entirely unacceptable to them . I think they would have obeyed the law; I think they s till would obey the taw. But rem em ber, they a re nearly all against desegregation; they a re looking for a way out. You cannot put th e ir re sp e c t for law to w ork on the side of som ething they personally dislike without im posing an unqualified legal duty. Now, on the side of executive firm n e ss , note firs t th a t the motive of respeot fo r law never coexists with m em bership in, or behind-the-scenes connection with, the mob. (Mobs, in the South a s elsew here, a re organized by near-paranoids and a re composed of frin g e elem ents. T h ere is nothing special about a Southern mob. If official re s tra in t w ere in effective, and if th e Governor hinted broadly that he expected it, you could get up an a n tiNegro or an anti-anything mob in New Y ork City just as e asily as in L ittle Rock — and som e body would.) The law re sp ec ter, South a s N orth, d e te sts the mob. But how, concretely can he express th is feeling, if authority does not act against the m ob? Should he get up his own counter-m ob? P ra c tica lly , the only thing the white Southerner can do to show his re sp ec t for law when the mob rages is to support action by the a u th o rities. If the authorities w ill not act, m ost p eople's feeling of re sp e c t for law has nowhere to go, nothing to hang on to, and can only d issip ate itself in d isgust (absent a h eroism not to be looked fo r.) Now what of the m otives im plicit in the ethics and religion of Southerners? H ere we a re dealing with a m y stery , which m ay m ove quickly and in m ysterious ways. But we can at �Paths to Desegregation 6 least note c ertain probable connections. I icdicated above the effect on many Southerners of these religious and ethicai s tirrin g s is to produce uneasiness — a vague feeling that something is wrong with segregation. T his feeling may be vague in two ways: as to the presen t existence of an obligation to do something, and as to the m easure and outline of what ought to be done. Now what is req u ired , if this feeling is to be harnessed to action, is that definition be given to duty and plan. The only agencies on the horizon for perform ing th is task a re the c o u rts and the executive. It seem s strongly probable that many Southern people, troubled in conscience by segregation, would find a ratlying-point in official action that m eant business. H ere, again, the sym bolic function of law in our culture is of im portance; we often look to law to define concretely what is right, even though our impulse to do right m ay, in the p a rtic u la r context, come fro m another source. But law can fulfill th is function only when it re a lty defines, in the sen se of imposing enforceable duties and actually enforc ing them . A legal system that balks a t putting a stop to what it has declared wrong cannot T give shape and fo rm to ethical stirrin g s , fo r it has no shape and form itself. On the con tra ry , it gives a sop to the consciences of the undecided and provides a strong talking-point fo r opposition. Show the conscience-troubled S outherner that the law, in ea4nest, has reached the v ery sam e conclusion tow ard which his conscience is tending, and it seem s inevitable that his tendencies w ilt be strengthened and a cc ele rated . Show him , on the other hand, that the nation, by its c o u rts and officials, re fu se s to tre a t segregation a s a really serious m atter, and you weaken his own conviction of the w rongness of segregation, leaving him ^vulnerable to arguments of tradition and convenience and caution. The connection between legal and re lig io u s thought on th is problem is proved by the enorm ous in c re a s e , since the desegregation decision, in volum e of Southern religious p ro te s t against the c aste system . B ack of e v ery m inister who d a re s to ra ise his voice th ere a re many, many people who have not y et come to inner su re n ess o r who a re cowed by the suppressive ta c tic s the segregationists employ. It seem s v e ry c le a r that only a firm a p proach can p ro m ise the maximum in form ing and giving solidity to the stirrin g s within people. Nor can we convert the desire fo r peace o r for "business as u su a l' into a motive fo r support of desegregation by any other than the firm approach. The job here is to convince Southerners so m otivated that peace w ill never come without desegregation, that r e s t is to b e found only in acceptance of change. If this conviction e v er becom es general in the South, I believe that a " le t's get it over with" mood w ill significantly 'speed the end of caste. N or is the attem pt to convince Southerners of th is a manner of deceiving them . It is the sim ple tru th . Even if the r e s t of the country w ere willing to accept the infamy of back-tracking, the Negroes of the South will never go back from May, 1954. They w ill never re tre a t from M artin L uther King. Conceivably, th ey could be held under by bru te force, but the m eans th at would be req u ire d would make of the South a police sta te sc a rc e ly capable of com m uni cating with the r e s t of the country. But S outherners a re hard to convince of all this. The white Southerner is not re a re d to think Negroes ought to be segregated. He is ra ised knowing they a re . A certain "place" is not Tight f o r them . They have a c erta in place. The difference is wide. It is the d iffer ence between, on the one hand, p re fe re n c e , however strong and confident, among a range of �Paths to Desegregation 7 alternatives, and, on the other, perception of the cosm ic o rd e r as it is; I t's hard for many Southerners to re a liz e that a v erity so fixed In the universe of fact can pass away. Then, too, the old way seem ed so peaceful; the N egroes were proverbially happy; everybody's cook said so. Such a p a rad ise might have d ream ed on forever If the Serpent ("Com m unists?" "Outside agitators ?") hadn't broken In. They will have to give way to re ality , sooner T here a re c le a re r heads, though; they know pretty w ell that, in the long run, the game is up. But they w ant, a s men usually do, peace in our tim e. And It has too often appeard that the way to sh o rt-ru n peace lies in going along with the obstructionists. Once these sta te s of mind are d e sc rib e d it hardly needs saying that only the firm approach gives any p rom ise of m obilizing the peace motive toward com pliance. The d re am er of old tim es, when he sees that the fe d era l c o u rts and the P resid en t mean business, w ill eith er wake up or re q u ire institutionalization. The c le a re r calculator will soon figure out that, if desegregation is going to be enforced in dead earnest ju st like any other law, the law -breakers cannot prom ise tranquility and that, while the transition may be painful, change is the only alternative to endless and futile, trouble. U It seem s to m e, then, that the soft approach to desegregation throws away our m ost valuable a sse t - - Southern resp ect fo r law. It confuses and weakens religious and ethical im pulses toward change. It places the man who wants peace in the camp of the cla m p ersdown of the lid. The firm approach, on the other hand, p re sen ts the re sp e c te r of law with an unequivocal I,duty and with a concrete m eans of showing his resp ect. It ra is e s , for the troubled in conscience, a clear and readable banner. It te lls the d e s ire r of peace, "T h ere is no peace, and th ere will be no peace, outside the law." Against th is m ay be set the hope that a soft approach w ill somehow placate opposition, and thus e ase the way to desegregation by consent. I think this a vain hope, both a s regards the decent, law-abiding people and as re g ard s the mob. As to the fo rm er, the foregoing d is cussion w ill have m ore than suggested that, in adopting a perm issive approach, you make irrelev an t two of the strongest m otives that could p re s s Southerners to compliance: respect for law and d e sire for peace. B ut beyond that you take the whole issue off the plane of prin ciple, and pitch discussion on the level of community convenience and preference. And that is a fatal m istake. Community p re fe re n ce m eans, of c o u rse, white preference, and I am ;> ■ afraid that white preference for a long, long tim e is going to be predominantly segregationist. Some day this m ay no longer be so; it is im possible to think that so stupid a m istake a s ra c ism can survive indefinitely. B ut if you await the spontaneous dwindling of p rejudice, I think you'll w ait until the seg reg atio n decision is just a sta le joke. Then, too, the whole p ro cess involves a vicious c irc le . To postpone desegregation to consent is to m ake it ab solutely su re th at fo rces will com m ence and continue the engineering of hoh-consent. / The only possible countervailing tendency would a ris e out of religious and ethical feeling. But if the d iscussion above m akes i t seem probable that such feelings may be expected to be a t th eir le a st defined and strong when not collaterally supported by other m otives, it seem s pretty c le a r th a t they w ill not be stro n g enough. C ertainly not in any half-w ay reasonable tim e . And a solution of this problem has to be approached, in a ll decency, within some nongeologlc tim e interval. �Paths to Desegregation 8 Now as to th e f ire -e a te rs and d ie -h a rd s, and the political b atten ers thereon: The soft approach is supposed to throw them a sop, to appease them . Speculation here is unneces sary . V e know th at the policy of giving th ese people rope has been a dism al fa ilu re; we know from th e ir own mouths that they a re not faintly in terested in gradualism , in re a so n ableness, in com prom ise. They want ra c is m en tire and ra c ism fo rev er. The L ittle R ock "plan” was g rad u alist to a degree; it was proposed by the school board, and opposed by NAACP. (A handful of students in high school — and careful, slow in cre ase to follow!) When trouble cam e, enforcem ent was left dangerously long in the hands of the hom e-folks. The G overnor was d e fe rre d to until his gross unw orthiness to be tru s te d b e cam e obvious even to that nearly incurable optim ist with whom he principally dealt. F irm action came only ;when not to take it would have been to stand and watch the C onstitution go over the falls without even a b a rre l. We have seen the re su lt. The people ' Who made trouble in L ittle Rock cannot be appeas ed. The beady-eyed ra c e crank and his sw am p-brained financial angel, the nutty "M in ister" spouting Noachian genealogy, the d istu rb ed truant who thinks this is lots m ore fun than gigging frogs, the clabber-headed fo o tso ld ie r in the mob who b reath es at last the p u re ozone of hate after which he has quested a il h is life, the vitago ridden with fe a r of dark m en b re a k ing in, the g a rb ag e -p ail politician who waves these troops into the b reach — how could you hope to satisfy these people just by going slow ? They read m oderation as w eakness and fe a r, having n e v er even thought of being m oderate for any o th er reason than these. And if you doubted th is a p rio ri, Little Rock should convince you. If you a re going to delay in te g ra tion until these people a re pacified, you a re never going to have it. T hat ;is the sim ple choice. If you go slow, they will m ake trouble. If you go fa st, they w ill make trouble. T otal abandonment of desegregation is th e ir p rice of peace. And they have frankly said so. Only a psychopathologist could pronounce competently on the m eans of m inim izing th e ir trouble-m aking. Lacking ; such help, w e 'll have to make a com m on-sense guess. Is such a movement likely to thrive on a s e rie s of defeats such as it seem s at this w riting to have suffered in L ittle R ock? Is a throw er of ro ck s at children likely to persev ere ag ain st e f fectively applied community fo rce? Look at that widely printed picture of a N egro g irl walking tow ard school in L ittle Rock. Inspect the faces behind h e r. Do they look like faces that would stand up with courage to determ ined authority? V, Is my cowilclio-u Wat only disappointment can be looked for it we postpone enforcement be forthcoming. 'But this doeB not mean the neglect of euaNtter tu modo, it does not mean refusal to allow community initiative as to procedure n o m m u b t t y acceptance' m a y (present good faith), and above a ll it does not mean vindictiveness o r self-righteousness. Southern w hite p eo p le a re ra ise d fr o m babyhood to b e lie ve In segregation as the only think able order. T h e y w e re told fo r 60 y e a r s that it w as legal, ’ o what end can we have studied j anthropology, sociology and psychology if we are going to blam e these people b itte rly for the way they feet, Severe condemnation of the generally decent white Southerner, caught in his present predicam ent, is unjust, o b stru cts cle ar thought, and insofar as he feels and re sen ts it, re ta rd s his m ovement toward a sa n e r attitude. The white Southerner's job is to forgive himBelf. He knows, somewhere deep, that what has been done to the Negro is wrong. But he is in conflict, for he cannot really want to do what is right, and he cannot face the enormity of the past. What he needs firs t to understand how inevitable it is that he should have the emotions he does about racism , given his training, and how irrelev a n t, therefore, is the concept of guilt. T his process can be catalyzed by firm action of authority; what Southerner �■ Paths to D esegregation 9 today thinks sla v e ry was rig h t? But it is only balked when the S outherner is placed under the human n ecessity of re a c tin g to strong m o ra l condemnation for his having feelings he cannot help having. And the h o lie r-th an -th o u im plication is p a rticu la rly and Justly re sen te d in view of the fact th at the N egro is sham efully tre a te d in every p a rt of the United States. K v>\ application-. In evaluating th e desirab ility of judicial dela.'j, leV a reraerrioer that., vfhateveT th e c o u rts do, many com m unities in the South w ill delay desegregation. T he h u rd les of procedure, litigation, and the like that can be erected by a determ ined comm unity a re indeed form idable. Even if a ll the foregoing considerations a re w rong, a n d d e la y la d e s i r a b l e , you can b e s u r e that the courts need not supply it. The South cnows how to d ra g its heels. T h is point applies even m ore strongly to Executive firm ness. When the Executive is f in ally-called on to enforce an order for desegregation, all the re so u rc e s of delay in litigation have been exhausted. The court has allowed such time and approves! such plan as, after full judicial hearing, seem ed wise. Enforcement comes not as a p recip itate intrusion, but as th e e n d o f a tong p r o c e s s . J u stific a tio n f o r fu rth e r irresolution on the p art of the Executive seem s wholly lacking. L et us give up one g re at illusion that often hovers over discussions of this subject: the vain imagining of an easy way. No social evil of this hugeness and long-rootedness can be plucked out without pain. We a re still paying for s la v e ry ' because slav ery (as M ister J u s tic e "Harlan saw) is not gone until its fru its a re gone, and the caste system of the South is its fru it. There w ill be som e violence, some suffering, whatever is done. The only consola tion is that the g re a te st of a ll troubles would be to try to go back, for that, putting to one side our own self-contem pt and the hissing of the w orld, would sim ply leave the whole account to be paid late r, with in te re s t and penalties. Sense, I think, leads to the determ ination to enforce desegregation with a ll firm ness. And I believe that is what should be done. But th ere are things beyond sense, and we can hope that these, too, m ay play a part in the South's future. I'm going to close by telling of a dream that has form ed its e lf Ithrough the y e ars a s I, a Southern white by b irth and training, have pondered my re la tio n s with the many N egroes of Southern origin that t have known, both in the North and at home. I have noted again and again how often we laugh at the sam e things, how often we pronounce the sam e words the sam e way to the am usem ent of our h e a re rs , judge character in the sam e fram e of reference, m ist up at the same kinds of m usic. 1 have exchanged "good evening" with a Negro stra n g e r on a New Haven stre e t, and then realized (from the way he said the words) that he and I derived this universal sm all-tow n custom from the same culture. I have seen m y father standing at the window of his office with a Negro he had known for a long tim e, while they looked out on the town below and talked of buildings th at used to be here and there when they were young. These and thousands of other suoh things have brought me to see the whole caste system of the South, the whole complex net of its se n se less cruelties and cripplings, as no m ere accidental grotesquery of history but ra th e r a s that most hideous of e r r o r s , that prim a m a te ria of tragedy, the failu re to recognize kinship. AH men, to be su re , a re kin, but �Paths to Desegregation 10 Southern w hites and N egroes a re bound In a special bond. In a peculiar way, they a re the sam e kind of people. They a re happy alike; they a re poor alike. T heir strife Is fratic id a l, born of ignorance. And the tragedy Itse lf h as, of course, deepened the kinship; indeed It created It. My dream Is sim ply that sight w ilt one day clear and that each of the particip an ts w ilt recognize the other. T here is not the slightest w a rran t in h istory, in sociology, or in common sense for thinking anything like this dream could come to pass. But I sh a ll go on dream ing it. F o r if it should e v er com e tru e — if the Southern Negro should e v e r attain to the im m ense charity of forgiving the white m an, and if the Southern white could ever work through the even h a rd er- ta s k of forgiving h im self (starting, indispensably, by admitting in his m a r row the hideousness of the past), and if the two could join and look toward the future to gether — som ething would have happened uniquely beautiful in history. The South, which has always fe lt its e lf reserv ed for a high destiny, would have found it, and would come to flower at last. And the fragrance of it would spread beyond calculation, over the world. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Paths to Desegregation by Charles Black, Jr., Reprinted from New Republic, 10/21/1956, 10 pages. Description An account of the resource Desegregation in the South Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Charles Black, Jr. Date A point or period of time associated with an event in the lifecycle of the resource 10/21/56 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_2_9_1_3 https://projectdaps.org/files/original/3a06509e1697389b3ada59c272d791f4.pdf 498efa98b7134a93f60ad922302398d1 PDF Text Text Virginia Society for Preservation of Public Schools In form ation S h e e t on R eferen d u m Monday, January 9, 1956 �VIRGINIA SOCIETY FOR PRESERVATION OF PUBLIC SCHOOLS Information Sheet on Referendum Monday, January 9, 1956 Point 1 What The Referendum Involves. . At the referendum on January 9 the people of Virginia will , vote on one question only. It is: “Shall there be a Convention to revise and amend Section 141 of the Constitution?” You must vote for or against. This i the one and only question and the one and only chance s to vote upon the question. If the referendum carries, the Con stitutional Convention itself will change Section 141 and will pro claim the change without submitting i to the voters for approval. t Point 2 H o w Section 141 Of The Constitution Will Be Amended. . Section 141 provides basically and simply that no public funds shall be spent for private schools. The amendment will permit public funds to be spent for non-sectar-ian private schools, both private elementary schools and private high schools. Point 3 Tuition Grants Will Not Be Limited. . Under the constitutional change tuition grants will not be lim ited to children whose parents wish to remove them from integrated schools. If the change in 141 is made, the door will be open to grants to any children at any non-sectarian private school. The Gray Report says that the present intention i to limit grants to s the children of parents objecting to integrated schools, but this intention m ay change. The door, let us repeat, will be open to grants to children in any non-sectarian private school in the state. 3 �“Chapter X V I (* * *) is devoted to what he terms the ‘ Educational Renaissance in Virginia.’ A pivotal meeting had been held at Capon Springs in 1898 out of which grew a gen eral interest ‘ public education, maintained and controlled in by state systems’ (* * *). As summarized by Heatwole: “ * * I n d e te rm in in g u p o n th e essen tia l fe a tu re s in th is n e w d evelo p m en t, th e y se ttled u p o n p o p u la r education as one o f th e firs t a n d m o st fu n d a m e n ta l fa c to rs th a t w ould in su re s ta b ility a n d s a n ity to th e fu tu r e p ro g ress o f h er ( . . the South’ in stitu tio n s. The states of North Caro ie, s) lina, Virginia, and Tennessee led in introducing into their political campaigns the question of a m ore efficient system of public education for a l the children of those states. The l governors who were elected at this time gained national reputation as “educational governors”. ’ “He concludes: “‘ All this prepared the way for the provisions for educa tion in the new state constitution. Thus the people of the state were prepared for the constructive work of the admin istration of Jos. D. Eggleston as state superintendent of public instruction, whose election occurred in 1906.’ “The significance of Heatwole’ history * * * indicates that s the overriding intent lying back of Section 141 was the strengthening of the Public School System;negatively i shows t that this aim was not one which was being thwarted by in direct aid funneled through the children to sectarian or other private institutions.” Point 8 Need For Public Schools. . Today as never before, we need the public schools intact. Never in the history of America or Virginia, has the very l ife of our civilization so imperatively demanded public education for our children, for each and every one of our children. Our school system divided against itself will f l . It cannot stand half public and al half private. Again, to quote from respondent’ brief in A lm o n d v s . Day: “To use taxpayers’ money to assist private schools is to suggest that American society use i own hands to destroy ts its l . ef” Point 9 Amendment Of 141 Will Weaken 129. . The proposed amendment to Section 141 inevitably will under mine and weaken Section 129 of the State Constitution. Section 129 provides: 6 “The General Assembly shall establish and maintain an efficient system of public free schools throughout the State.” To amend Section 129 as Governor Stanley indicated in June 1954 might be advisable, would destroy the public school directly. To amend Section 141 will destroy the public schools indirectly. The difference i between a quick death and a slow one. For the s l blood of the public schools is public money, taxpayers’ money. ife If any of this i taken from the public schools and diverted to s private schools, i can serve only one purpose, namely, to weaken t the former and strengthen the latter. At the Special Session, Senator Ted Dalton proposed that the General Assembly incorporate in the amendment to 141 a guarantee that 129 should not be affected. It i significant and alarming that s this proposal was voted down overwhelmingly. Point 10. Some Are Opposed To Public Schools. Strong forces in Virginia today advocate at least a partial aban donment of the public school system. On Wednesday, November 30, 1955 before a joint hearing of the Privileges and Elections C o m mittee of the General Assembly, the “Virginia Citizens’ Committee for Better Schools” presented a resolution asking for tuition grants for children attending private schools, “Both as a measure for preventing enforced integration and also as a legal alternative for parents and guardians who (1) object to public school teaching propaganda or indoctrination, or (2) prefer to send their children to non-public schools for educational, religious, social, or other reasons.” On Monday, November 21, 1955, at a luncheon sponsored by the Chambers of Commerce of Alexandria, Arlington, Falls Church and Fairfax, at the George Mason Hotel in Alexandria, a representative of the State Affairs Committee of the Virginia Chamber of C o m merce stated publicly: “Down our way we’ not altogether satisfied with what our re public schools turn out. Public schools now have no competi tion. If we had private schools removed from unfair competi tion, i might put public schools on their toes.” t He suggested that i was a mark of “free enterprise” to use the t taxpayers’ money for private schools. Honorable Robert Whitehead, Delegate from Nelson County, stated on the floor of the House of Delegates on December 1 1955: , 7 �Point 4 N o Ceiling On Tuition Grants. . In answering questions of the Roanoke Times, Governor Stanley 3aid there would be no ceiling upon tuition grants in counties where public schools have been abandoned after the f irst year. The only limit now proposed is based upon per pupil operating cost in the preceding year. There i nothing in the Gray proposal or s in the law to prevent increasing state allotments to such counties in a sum sufficient to cover the full cost of private school tuition. The pressures will be great. Thus the Gray plan actually amounts to an invitation to counties to close their public schools entirely. At the Special Session, an attempt was made to provide that tuition grants should be paid only in those localities where public schools were kept open. This proposal, too, was voted down overwhelm ingly. Point 5 Unjust Distinctions. . Tax money should not be used for any private schools. But i i t s unjust to distinguish between sectarian and non-sectarian private schools. There are in Virginia today 30 private schools run by the Episcopal, Catholic, Methodist, and Baptist Churches, besides paro chial schools operated by Episcopal and Catholic parishes. These are established schools with fine buildings, able teachers and state accreditation. If public funds are sent to non-sectarian private schools which are newly formed, with inadequate buildings, un qualified teachers and no accreditation, then in fairness public funds should go to the students at the better qualified sectarian schools. Any other result would be inequitable both to the better schools and their students. Point 6. Haste. Section 141 was placed in the Constitution of Virginia in 1902 after 33 years of rough going for the Virginia public school system and after the Constitution, including Section 141, was debated for 370 days. N o w you are asked to remove Section 141 after 37 days from December 3, 1955. Point 7 History And Meaning Of 141. . The history of Section 141 shows how important i is to keejn t Section 141 intact, and not to amend i . W e quote from the brief t of the respondent (pp. 25, 26), the winning brief, in A l m o n d v . Day, decided by the Virginia Supreme Court of Appeals Decem ber 7, 1955. 4 “Three streams appeared to feed the movement away from state support. The f r t was the felt need for tighten is ing the public purse in order to prevent raids on the public treasury. * * * The second was the rise of the whole public school system, usually identified with the efforts of a few pioneers, * * * and the subsequent expansion of the public school system owing to industry’ burgeoning need for more s trained people. It became apparent that the double drain of supporting both public and private schools was not only expensive but possibly incompatible with democratic tenets. The third was the felt need to resist the growing attempt to secure state aid for sectarian schools * * *” W e quote further from the Supplemental Brief of the Respondent in A l m o n d v. D a y (pp. 2-4) : “The overriding purpose which, more than any other, gives to Section 141 its meaning was the felt need to build u y the public school system by insuring that the use of public monies, raised by taxation for education should be put exclusively under the control of public authorities. * * * “That this was the dominant purpose i revealed by the s debates ( . . of 1901-1902) wherein i was insistently stated ie t (limited exceptions apart) that public money should be spent only by those who were responsible to the taxpayers. It i s also revealed by the history of education in Virginia. “The most authoritative treatment of this history i that s of Dr. C. J. Heatwole whose book ‘ History of Education A in Virginia’ was published (Macmillan Co.) in 1916. “In Chapter VII (* * *) he shows how slowly the idea of universal public education took hold in Virginia. It was looked down on by the aristocracy as intended for indigents or paupers and it acceptance thus awaited the emergence of a s stronger and more powerful middle class. “In Chapter VIII (* * *) he describes the prevalence of so-called ‘ academies’ which, with a few exceptions (which re ceived appropriations from ‘ The Literary Fund’ were sup ) ported by tuition fees paid by the students. “In Chapter XII (* * *) he describes the effort to intro duce a public school system following the constitutional provi sions of 1869. He asserts that there were large diversions of school funds especially in the period from 1870 to 1880. The motive back of the diversion — a motive which was not spent until much later — was due to indifference to the need of public education and, indeed, to ‘ effort to weaken and ulti an mately defeat the public school system’ (* * *). He then describes the change in public sentiment and the devoted efforts * * * to awaken the people to the need of public education. 5 �“And here i should be observed that there are in Virginia t many people, constituting a sizeable element of our population, who do not really believe in public free schools, and regard i as socialism to tax them in order to help pay for the educa t tion of the children of those who are less fortunate financially. They m a y be counted upon to join in the clamor for the abolition of the public schools.” of the State Constitution be amended so that public funds can be used for private schools. This is known as the “Tuition Grant Plan.” This recommendation, i is respectfully submitted, i un t s constitutional and impractical and should be rejected by the people. Today in Virginia we face a real danger from the opinion of those people who too frequently are heard to ask: “What i so s sacred about our public schools?” The Assignment Plan will work. Let us try i f r t If i does t is. t work, we keep our public schools intact, adhere to our Southern traditions, and obey the law. If i does not work, we shall mean t while consider continuously other advisable legislative action. Point 11. Virginia’ Dilemma. s Under the Assignment Plan in no part of Virginia will a single white child be sent to a colored school. Under the Assignment Plan in Virginia counties where the social problem is most acute, no colored children will be assigned to white schools. Under the Assignment Plan, in some sections of Virginia, a limited number of outstanding Negro pupils may be admitted to some white schools. The law says this must be. Virginia faces the greatest dilemma of a century. The customs of our State indicate that our public schools be segregated. The law of the United States forbids that our public schools be segre gated solely on the basis of race. As State Senator Harry F. Byrd, Jr. has said, an irresistible force has met an immovable object. Our problem is to devise a means whereby we can, f r t preserve is, our public schools, and second, preserve segregation in those schools within the limits of the law. The Supreme Court must honor our traditions. The decision of M a y 31, 1955 does recognize that the problem i a State problem, s that local differences exist, that school authorities and not the Courts “have the primary responsibility for elucidating, assessing, and solving these problems”. W e are required to exercise good faith and to make a prompt and reasonable start toward compliance. But i we make a start, we shall be granted additional time. It i f s important to remember that no time limit has been set. W e have indefinite time. In practical terms, we must find a solution of our problem some where within the framework of the law. Point 12. Two Proposals In Gray Report. The Gray report recommends two chief methods for solving the problem. First, i recommends that the Virginia Legislature t enact laws authorizing school boards to assign pupils to particular schools and providing for a system of administrative appeals. This is called the “Pupil Assignment Plan.” It i constitutional and s practical and should be adopted by the General Assembly in Jan uary. Second, the Gray Commission recommends that Section 141 Point 13. Assignment Plan Will Work. This process will not be one of gradually increasing tempo. It must be tightly and conservatively administered so that no social problem will ever result. It will, to a limited and continuously controlled degree, recognize individual achievement regardless of race. Incidentally, the right of a citizen of the United States and of Virginia to stand on his own two feet, according to his own abilities and character, i one of the fundamental rights of free men which s Virginia gave to America. The Assignment Plan i the best plan so far adopted to keep s segregation in our schools to the extent and for the length of time that we can show the Supreme Court the customs of Virginia de mand that i must be kept. In complete fairness we must point out t that total segregation in a l parts of Virginia cannot be secured l forever. No m an in the Commonwealth, from the Attorney Gen eral on down, can guarantee that some integration somewhere within our borders, to some extent, will not occur some time. U n fortunately, the Supreme Court decision makes some integration somewhere at sometime inevitable. Point 14. No Referendum Needed For Assignment Plan. The Assignment Plan can be enacted into law without a referen dum. It does not require any change in the Constitution. The Legislature can meet in January and enact into law a l of the l 9 �Gray Commission proposals except the Tuition Grant Plan. Re member, we do not need to amend the Constitution in any way, manner, shape or form in order to put the Assignment Plan into law. public schools in those counties for the people who want them at less cost than the state’ share of maintaining a l the schools in s l those counties today. If the referendum fails to carry we s i l can adopt the Assignment tl Plan. Many people do not realize that this alternative exists regardless of what happens on January 9th. Point 17. Additional Information On Cost of Tuition Grants. Point 15. Tuition Grant Plan Will Not Work. The Tuition Grant Plan will not work. It will give us a State wide incurable headache. It will transfer public buildings to pri vate hands, will remove teachers to private schools at less pay, will endanger teachers’ retirement benefits, will lower the standards in public schools and replace them with fly-by-night private schools whose accreditation will be dubious at best, and will penalize the poorer families who cannot afford to pay the difference over and above the tuition grants in order to send their children to private schools. Let us take a look at the problem of buildings alone. Local school buildings are owned by the localities. The law permits these build ings to be disposed of if they are no longer needed for educational purposes. There are no school buildings in the Commonwealth which are not needed for educational purposes. For the past ten years we have built 4200 school rooms. In the next six years we must build 4800 more, Mr. Dowell J Howard, Superintendent of . Public Instruction, tells us, at the cost of one quarter of a billion dollars ($250,000,000). For ten years we shall need 1500 teachers each year more than the year before — 15,000 more in the next ten years at an extra cost, after ten years, of forty-five million dollars a year. With these demands upon us this is no time to cut the financial heart out of our public free school system. Additional information as to the cost of the Tuition Grant Plan appears in the Bulletin issued by the League of W o m e n Voters in Virginia. The statements in the League bulletin are as follows: H O W M U C H W I L L T H E TUITION G R A N T P L A N C O S T US? A R E W E W I L L I N G T O SIGN THIS B L A N K C H E C K ? Any estimate of the dollar cost of the Gray recommendations, either locally of statewide, would be guess work. Commission spokesmen have been quoted as saying that i is “impossible now t to calculate”. 1 A great deal hinges on what laws are actually passed at the . next session of the General Assembly to implement these proposals (if the amendment is adopted). 2 W e have no idea how many pupils in the state will request . tuition grants. 3. W e do not know what effect these new laws, i passed, will f have on Federal assistance to education in Virginia. This amounted to $16 million in 1953-54, or almost 9 % of the total. $65 million came from state funds and $104 million from local funds. There are tremendous problems involved in budget-making when the number of pupils who will request tuition grants is not known and when there i the necessity of cutting back or adjusting budgets s quickly as the number of pupils fluctuates. Commentators have pointed out that, since interest and retirement on debt for new buildings are fixed obligations, the cuts, in order to avoid increasing the total school budget, would have to be made in such items as salaries, number of teachers employed, maintenance, e tc. Point 16. Tuition Grant Plan Costly To Taxpayer. The Tuition Grant Plan will cast a prohibitive burden on the taxpayers. N o proponent has felt able to estimate i s cost. Whether t i will require funds in an amount equivalent to an income tax t rise of 2 0 % or 50%, i i certain that two school systems will cost t s more than one. These questions arise immediately: If a local school budget i s inadequate to cover the public school operations plus the tuition grants, how would the school board get the money to make up i s t half of these “additional costs” mentioned in the Gray Report? H o w will the state estimate the amount i needs to budget for this “addi t tional cost” ? W e have so far seen no attempts to make any esti mates of the likely magnitude of this part of the program. It i argued that without tuition grants, schools in some counties s will close down, that the state must maintain them under Section 129 and that the cost to the state taxpayers outside those counties will be higher. The answer i simple. If the state f l i l i s high moral s ufls t duty under Section 129, then the state alone will be able to operatei o The state grants made in 1954-55 to seven counties which have said they would cease operating their public schools averaged $91 per pupil, which is considerably higher than the average for the state as a whole, ($74). What sort of schooling can be bought for $91? If these seven counties use their tax-levying authority to raise this grant to the “operating cost per pupil”, the highest io 11 �operating cost among these counties, $191, s i l seems inadequate tl to buy good private schooling. The Gray Report does not mention any standards that would be set up to govern the quality of educa tion in private schools, and i specifically suggests that the present t rule of an 180-day school year (in order to be eligible for state grants) be relaxed. At the present time i i estimated that 750,000 children now are t s enrolled in schools in Virginia. Of these, some 715,000 are in the public schools and only about 35,000 in private and parochial schools. With 9 5 % of children in the public schools today, i i t s easy to see what public education means in Virginia, and even easier to see what will happen if i is abolished. t Point 18. Tuition Grant Plan Unconstitutional. The Tuition Grant Plan is unconstitutional. This i a legal point s but a simple one. A lay m a n can understand i as well as a lawyer. t T w o plus two equals four. A private pupil plus public funds equals a public school. Under the Supreme Court decisions, State action providing public education to children on a racially segregated basis violates the Fourteenth Amendment of the United States Constitution. Tuition grants would constitute State action. State action was found to exist in the white primary cases where the State permited so-called private groups to operate the machinery of Demo cratic primaries. State action would be found to exist where the State spent public funds, taxpayers’money, for private schools and where such schools are operated on a racially segregated basis. Moreover, under our own Virginia Supreme Court of Appeals decision in A l m o n d V. Day, i would make no difference whether t the public funds were paid directly to the so-called private schools or indirectly to the parents. In the opinion of our own court: “In both cases, the parent and guardian to w h o m the tuition fees are paid is merely the conduit or channel through w h o m the aid from the state to the school is made.” And again: “When we consider the natural, reasonable and realistic effect of the provision . . . for the payment of tuition . . . of eligible children who attend private schools . . . we are forced to the conclusion that i constitutes a direct and sub t stantial aid to such institutions. . . 12 At the joint hearings of November 30 and December 1 1955 , the eminently able and fair counsel for the Gray Commission did not advise that the Tuition Grant Plan was constitutional. He did advise that the assignment plan was constitutional. He acknowl edged that in the Tuition Grant Plan we would be traveling new paths whose ultimate destination we could not know. The G. I grants do not generally apply to elementary and high . schools. Their constitutionality, moreover, has never been attacked. Point 19. Too High A Price To Pay. The value of the Tuition Grant Plan is negligible. The price to our people is prohibitive. Payment of tuition grants to private schools directly or indirectly will constitute State action and will clothe those schools with a public nature. If we cannot prevent a Negro child from entering a present public school on the basis of race alone, we cannot pre vent him from entering a school partially supported by public funds. Therefore, if the Constitution i amended and the Tuition s Grant Plan adopted, we shall s i l have the very problem we face tl today. W e shall have removed from our Constitution one of the keystones of our public free school system and will have accom plished nothing except the transfer of our dilemma from one set of schools to another. W e shall have gotten nowhere. Our weapon will have become a sword of ashes. And what a price we shall have paid! W e shall have sold our birthright of public education for a mess of pottage containing nothing except confusion and frustration. Point 20. Radical Amendment Not Necessary. It i not necessary to amend Section 141 so radically i order to s n. aid war orphans, Negro graduate students and others formerly receiving public grants at private schools. If such were the pur pose, then the amendment to 141 could have been limited to serve those very needs. However, the proposed amendment extends far beyond those needs and covers a l students at a l non-sectarian pri l l vate schools, elementary and high schools. During the past year only 6 war orphans receiving state aid were at private schools. About 10% of the persons enrolled in the Reha bilitation program were enrolled in private schools. Last year 580 Negroes received $149,000 to help pay the cost of graduate study 13 �N e w e l l -C o l e C o m p a n y A l e x a n d r i a . V ii � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Virginia Society for the Preservation of Public Schools, Information Sheet on Referendum, 1/9/1959, 8 pages Description An account of the resource Proposed tuition grants for private schools, Gray Report, Almond v. Day, Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Virginia Society for the Preservation of Public Schools Date A point or period of time associated with an event in the lifecycle of the resource 1/9/59 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_2_9_1_2 https://projectdaps.org/files/original/5a1df1d0606bfe46719e7fe649d742ab.pdf 0c7402e8e529b50ee7c67b131957e2e6 PDF Text Text Virginia Society for Preservation of Public Schools Information Sheet on Referendum M onday, J a n u a r y 9, 5956 �VIRGINIA SOCIETY FOR PRESERVATION OF PUBLIC SCHOOLS Information Sheet on Referendum Monday, January 9, 1956 Point 1 What The Referendum Involves. . At the referendum on January 9 the people of Virginia will , vote on one question only. It is: “Shall there be a Convention to revise and amend Section 141 of the Constitution?" You must vote for or against. This is the one and only question and the one and only chance to vote upon the question. If the referendum carries, the Con stitutional Convention itself will change Section 141 and will pro claim the change without submitting i to the voters for approval. t Point 2 H o w Section 141 Of The Constitution Will Be Amended. . Section 141 provides basically and simply that no public funds shall be spent for private schools. The amendment will permit public funds to be spent for non-sectarian private schools, both private elementary schools and private high schools. Point 3 Tuition Grants Will Not Be Limited. . Under the constitutional change tuition grants will not be lim ited to children whose parents wish to remove them from integrated schools. If the change in 141 i made, the door will be open s to grants to any children at any non-sectarian private school. The Gray Report says that the present intention is to limit grants to the children of parents objecting to integrated schools, but this intention may change. The door, l us repeat, will be open to et grants to children in any non-sectarian private school in the state. 3 �Point 4 No Ceiling On Tuition Grants. . In answering questions of the Roanoke Times, Governor Stanley said there would be no ceiling upon tuition grants in counties where public schools have been abandoned after the f irst year. The only limit now proposed is based upon per pupil operating cost in the preceding year. There i nothing in the Gray proposal or s in the law to prevent increasing state allotments to such counties in a sum sufficient to cover the full cost of private school tuition. The pressures will be great. Thus the Gray plan actually amounts to an invitation to counties to close their public schools entirely. At the Special Session, an attempt was made to provide that tuition grants should be paid only in those localities where public schools were kept open. This proposal, too, was voted down overwhelm ingly. Point 5 Unjust Distinctions. . Tax money should not be used for any private schools. But i i t s unjust to distinguish between sectarian and non-sectarian private schools. There are in Virginia today 30 private schools run by the Episcopal, Catholic, Methodist, and Baptist Churches, besides paro chial schools operated by Episcopal and Catholic parishes. These are established schools with fine buildings, able teachers and state accreditation. If public funds are sent to non-sectarian private schools which are newly formed, with inadequate buildings, un qualified teachers and no accreditation, then in fairness public funds should go to the students at the better qualified sectarian schools. Any other result would be inequitable both to the better schools and their students. Point 6. Haste. Section 141 was placed in the Constitution of Virginia in 1902 after 33 years of rough going for the Virginia public school system and after the Constitution, including Section 141, was debated for 370 days. N o w you are asked to remove Section 141 after 37 days from December 3, 1955. Point 7 History And Meaning Of 141. . The history of Section 141 shows how important i is to keep t Section 141 intact, and not to amend i . W e quote from the brief t of the respondent (pp. 25, 26), the winning brief, in A l m o n d v . Day, decided by the Virginia Supreme Court of Appeals Decem ber 7, 1955. 4 “Three streams appeared to feed the movement away from state support. The f r t was the felt need for tighten is ing the public purse in order to prevent raids on the public treasury. * * * The second was the rise of the whole public school system, usually identified with the efforts of a few pioneers, * * * and the subsequent expansion of the public school system owing to industry’ burgeoning need for more s trained people. It became apparent that the double drain of supporting both public and private schools was not only expensive but possibly incompatible with democratic tenets. The third was the felt need to resist the growing attempt to secure state aid for sectarian schools * * *” W e quote further from the Supplemental Brief of the Respondent in A l m o n d v. D a y (pp. 2-4) : “The overriding purpose which, more than any other, gives to Section 141 i meaning was the felt need to build u p the ts public school system by insuring that the use of public monies, raised by taxation for education should be put exclusively under the control of public authorities. * * * “That this was the dominant purpose is revealed by the debates ( . . of 1901-1902) wherein i was insistently stated ie t (limited exceptions apart) that public money should be spent only by those who were responsible to the taxpayers. It i s also revealed by the history of education in Virginia. “The most authoritative treatment of this history is that of Dr. C. J. Heatwole whose book ‘ History of Education A in Virginia’ was published (Macmillan Co.) in 1916. “In Chapter VII (* * *) he shows how slowly the idea of universal public education took hold in Virginia. It was looked down on by the aristocracy as intended for indigents or paupers and its acceptance thus awaited the emergence of a stronger and more, powerful middle class. “In Chapter VIII (* * *) he describes the prevalence of so-called ‘ academies’ which, with a few exceptions (which re ceived appropriations from ‘ The Literary Fund’ were sup ) ported by tuition fees paid by the students. “In Chapter XII (* * *) he describes the effort to intro duce a public school system following the constitutional provi sions of 1869. He asserts that there were large diversions of school funds especially in the period from 1870 to 1880. The motive back of the diversion — a motive which was not spent until much later — was due to indifference to the need of public education and, indeed, to ‘ effort to weaken and ulti an mately defeat the public school system’ (* * *). He then describes the change in public sentiment and the devoted efforts * * * to awaken the people to the need of public education. 5 �“Chapter XV I (* * *) is devoted to what he terms the ‘ Educational Renaissance in Virginia.’ A pivotal meeting had been held at Capon Springs in 1898 out of which grew a gen eral interest ‘ public education, maintained and controlled in by state systems’ (* * *). As summarized by Heatwole: “ * * * I n d ete rm in in g u p o n th e essen tia l fe a tu re s in * th is n ew d evelo p m en t, th e y se ttle d u p o n p o p u la r education a s one o f th e fir s t a n d m o st fu n d a m e n ta l fa c to rs th a t would in su re s ta b ility and sa n ity to th e fu tu r e p ro g ress o f her ( . . the South’ in s titu tio n s. The states of North Caro ie, s) lina, Virginia, and Tennessee led in introducing into their political campaigns the question of a m ore efficient system of pu b lic ed ucation for a l the children of those states. The l governors who were elected at this time gained national reputation as “educational governors”. ’ “He concludes: “‘ All this prepared the way for the provisions for educa tion in the new state constitution. Thus the people of the state were prepared for the constructive work of the admin istration of Jos. D. Eggleston as state superintendent of public instruction, whose election occurred in 1906.’ * * * “The significance of Heatwole’ history * * * indicates that s the overriding intent lying back of Section 141 was the strengthening of the Public School System;negatively i shows t that this aim was not one which was being thwarted by in direct aid funneled through the children to sectarian or other private institutions.” Point 8. Need For Public Schools. Today as never before, we need the public schools intact. Never in the history of America or Virginia, has the very l f of our ie civilization so imperatively demanded public education for our children, for each and every one of our children. Our school system divided against itself will f l . It cannot stand half public and al half private. Again, to quote from respondent’ brief in A lm o n d v s . Day: “To use taxpayers’ money to assist private schools i to s suggest that American society use i own hands to destroy ts itse f ” l. Point 9 Amendment Of 141 Will Weaken 129. . The proposed amendment to Section 141 inevitably will under mine and weaken Section 129 of the State Constitution. Section 129 provides: 6 “The General Assembly shall establish and maintain an efficient system of public free schools throughout the State.” To amend Section 129 as Governor Stanley indicated in June 1954 might be advisable, would destroy the public school directly. To amend Section 141 will destroy the public schools indirectly. The difference i between a quick death and a slow one. For the s l fe blood of the public schools is public money, taxpayers’ money. i If any of this i taken from the public schools and diverted to s private schools, i can serve only one purpose, namely, to weaken t the former and strengthen the latter. At the Special Session, Senator Ted Dalton proposed that the General Assembly incorporate in the amendment to 141 a guarantee that 129 should not be affected. It is significant and alarming that this proposal was voted down overwhelmingly. Point 10. Some Are Opposed To Public Schools. Strong forces in Virginia today advocate at least a partial aban donment of the public school system. On Wednesday, November 30, 1955 before a joint hearing of the Privileges and Elections C o m mittee of the General Assembly, the “Virginia Citizens’ Committee for Better Schools” presented a resolution asking for tuition grants for children attending private schools, “Both as a measure for preventing enforced integration and also as a legal alternative for parents and guardians who (1) object to public school teaching propaganda or indoctrination, or (2) prefer to send their children to non-public schools for educational, religious, social, or other reasons.” On Monday, November 21, 1955, at a luncheon sponsored by the Chambers of Commerce"of Alexandria, Arlington, Falls Church and Fairfax, at the George Mason Hotel in Alexandria, a representative of the State Affairs Committee of the Virginia Chamber of C o m merce stated publicly: “Down our way we’ not altogether satisfied with what our re public schools turn out. Public schools now have no competi tion. If we had private schools removed from unfair competi tion, i might put public schools on their toes.” t He suggested that i was a mark of “free enterprise” to use the t taxpayers’ money for private schools. Honorable Robert Whitehead, Delegate from Nelson County, stated on the floor of the House of Delegates on December 1 1955: , �“And here i should be observed that there are in Virginia t many people, constituting a sizeable element of our population, who do not really believe in public free schools, and regard i as socialism to tax them in order to help pay for the educa t tion of the children of those who are less fortunate financially. They may be counted upon to join in the clamor for the abolition of the public schools.” of the State Constitution be amended so that public funds can be used for private schools. This is known as the “Tuition Grant Plan.” This recommendation, i i respectfully submitted, is un t s constitutional and impractical and should be rejected by the people. Today in Virginia we face a real danger from the opinion of those people who too frequently are heard to ask: “What i so s sacred about our public schools?” The Assignment Plan will work. Let us try i f r t If it does t is. work, we keep our public schools intact, adhere to our Southern traditions, and obey the law. If i does not work, we shall mean t while consider continuously other advisable legislative action. Point 11. Virginia’ Dilemma. s Under the Assignment Plan in no part of Virginia will a single white child be sent to a colored school. Under the Assignment Plan in Virginia counties where the social problem is most acute, no colored children will be assigned to white schools. Under the Assignment Plan, in some sections of Virginia, a limited number of outstanding Negro pupils may be admitted to some white schools. The law says this must be. Virginia faces the greatest dilemma of a century. The customs of our State indicate that our public schools be segregated. The law of the United States forbids that our public schools be segre gated solely on the basis of race. As State Senator Harry F. Byrd, Jr. has said, an irresistible force has met an immovable object. Our problem i to devise a means whereby we can, f r t preserve s is, our public schools, and second, preserve segregation in those schools within the limits of the law. The Supreme Court must honor our traditions. The decision of M ay 31,1955 does recognize that the problem i a State problem, s that local differences exist, that school authorities and not the Courts “have the primary responsibility for elucidating, assessing, and solving these problems”. W e are required to exercise good faith and to make a prompt and reasonable start toward compliance. But if we make a start, we shall be granted additional time. It i s important to remember that no time limit has been set. W e have indefinite time. In practical terms, we must find a solution of our problem some where within the framework of the law. Point 12. T w o Proposals In Gray Report. The Gray report recommends two chief methods for solving the problem. First, i recommends that the Virginia Legislature t enact laws authorizing school boards to assign pupils to particular schools and providing for a system of administrative appeals. This is called the “Pupil Assignment Plan.” It i constitutional and s practical and should be adopted by the General Assembly in Jan uary. Second, the Gray Commission recommends that Section 141 Point 13. Assignment Plan Will Work. This process will not be one of gradually increasing tempo. It must be tightly and conservatively administered so that no social problem will ever result. It will, to a limited and continuously controlled degree, recognize individual achievement regardless of race. Incidentally, the right of a citizen of the United States and of Virginia to stand on his own two feet, according to his own abilities and character, is one of the fundamental rights of free men which Virginia gave to America. The Assignment Plan i the best plan so far adopted to keep s segregation in our schools to the extent and for the length of time that we can show the Supreme Court the customs of Virginia de mand that i must be kept. In complete fairness we must point out t that total segregation in a l parts of Virginia cannot be secured l forever. No m an in the Commonwealth, from the Attorney Gen eral on down, can guarantee that some integration somewhere within our borders, to some extent, will not occur some time. U n fortunately, the Supreme Court decision makes some integration somewhere at sometime inevitable. Point 14. No Referendum Needed For Assignment Plan. The Assignment Plan can be enacted into law without a referen dum. It does not require any change in the Constitution. The Legislature can meet in January and enact into law a l of the l 9 �Gray Commission proposals except the Tuition Grant Plan. Re member, we do not need to amend the Constitution in any way, manner, shape or form in order to put the Assignment Plan into law. public schools in those counties for the people who want them at less cost than the state’ share of maintaining a l the schools in s l those counties today. If the referendum fails to carry we s i l can adopt the Assignment tl Plan. Many people do not realize that this alternative exists regardless of what happens on January 9th. Point 17. Additional Information On Cost of Tuition Grants. Point 15. Tuition Grant Plan Will Not Work. The Tuition Grant Plan will not work. It will give us a State wide incurable headache. It will transfer public buildings to pri vate hands, will remove teachers to private schools at less pay, will endanger teachers’ retirement benefits, will lower the standards in public schools and replace them with fly-by-night private schools whose accreditation will be dubious at best, and will penalize the poorer families who cannot afford to pay the difference over and above the tuition grants in order to send their children to private schools. Let us take a look at the problem of buildings alone. Local school buildings are owned by the localities. The law permits these build ings to be disposed of if they are no longer needed for educational purposes. There are no school buildings in the Commonwealth which are not needed for educational purposes. For the past ten years we have built 4200 school rooms. In the next six years we must build 4800 more, Mr. Dowell J. Howard, Superintendent of Public Instruction, t ells us, at the cost of one quarter of a billion dollars ($250,000,000). For ten years we shall need 1500 teachers each year more than the year before — 15,000 more in the next ten years at an extra cost, after ten years, of forty-five million dollars a year. With these demands upon us this i no time to cut the s financial heart out of our public free school system. Additional information as to the cost of the Tuition Grant Plan appears in the Bulletin issued by the League of W o m e n Voters in Virginia. The statements in the League bulletin are as follows: H O W M U C H W I L L T H E T UITION G R A N T P L A N C O S T US? A R E W E W I L L I N G T O SIGN THIS B L A N K C H E C K ? Any estimate of the dollar cost of the Gray recommendations, either locally of statewide, would be guess work. Commission spokesmen have been quoted as saying that i is “impossible now t to calculate”. 1 A great deal hinges on what laws are actually passed at the . next session of the General Assembly to implement these proposals (if the amendment i adopted). s 2. W e have no idea how many pupils in the state will request tuition grants. 3 W e do not know what effect these new laws, i passed, will . f have on Federal assistance to education in Virginia. This amounted to $16 million in 1953-54, or almost 9 % of the total. $65 million came from state funds and $104 million from local funds. There are tremendous problems involved in budget-making when the number of pupils who will request tuition grants i not known s and when there i the necessity of cutting back or adjusting budgets s quickly as the number of pupils fluctuates. Commentators have pointed out that, since interest and retirement on debt for new buildings are fixed obligations, the cuts, in order to avoid increasing the total school budget, would have to be made in such items as salaries, number of teachers employed, maintenance, e c. t Point 16. Tuition Grant Plan Costly To Taxpayer. The Tuition Grant Plan will cast a prohibitive burden on the taxpayers. No proponent has felt able to estimate i s cost. Whether t i will require funds in an amount equivalent to an income tax t rise of 2 0 % or 50%, it is certain that two school systems will cost more than one. These questions arise immediately: If a local school budget i s inadequate to cover the public school operations plus the tuition grants, how would the school board get the money to make up i s t half of these “additional costs” mentioned in the Gray Report? H o w will the state estimate the amount i needs to budget for this “addi t tional cost”? W e have so far seen no attempts to make any esti mates of the likely magnitude of this part of the program. It is argued that without tuition grants, schools in some counties will close down, that the state must maintain them under Section 129 and that the cost to the state taxpayers outside those counties will be higher. The answer i simple. If the state f l i l its high moral s ufls duty under Section 129, then the state alone will be able to operatei o The state grants made in 1954-55 to seven counties which have said they would cease operating their public schools averaged $91 per pupil, which i considerably higher than the average for the s state as a whole, ($74). What sort of schooling can be bought for $91? If these seven counties use their tax-levying authority to raise this grant to the “operating cost per pupil”, the highest io 11 �operating cost among these counties, $191, s i l seems inadequate tl to buy good private schooling. The Gray Report does not mention any standards that would be set up to govern the quality of educa tion in private schools, and i specifically suggests that the present t rule of an 180-day school year (in order to be eligible for state grants) be relaxed. At the present time i i estimated that 750,000 children now are t s enrolled in schools in Virginia. Of these, some 715,000 are in the public schools and only about 35,000 in private and parochial schools. With 95 % of children in the public schools today, i i t s easy to see what public education means in Virginia, and even easier to see what will happen if i i abolished. t s Point 18. Tuition Grant Plan Unconstitutional. The Tuition Grant Plan is unconstitutional. This i a legal point s but a simple one. A lay m an can understand i as well as a lawyer. t T w o plus two equals four. A private pupil plus public funds equals a public school. Under the Supreme Court decisions, State action providing public education to children on a racially segregated basis violates the Fourteenth Amendment of the United States Constitution. Tuition grants would constitute State action. State action was found to exist in the white primary cases where the State permited so-called private groups to operate the machinery of Demo cratic primaries. State action would be found to exist where the State spent public funds, taxpayers’money, for private schools and where such schools are operated on a racially segregated basis. Moreover, under our own Virginia Supreme Court of Appeals decision in A l m o n d v. Day, i would make no difference whether t the public funds were paid directly to the so-called private schools or indirectly to the parents. In the opinion of our own court: “In both cases, the parent and guardian to w h o m the tuition fees are paid i merely the conduit or channel through w h o m s the aid from the state to the school is made.” And again: “When we consider the natural, reasonable and realistic effect of the provision . . . for the payment of tuition . . . of eligible children who attend private schools . . . we are forced to the conclusion that i constitutes a direct and sub t stantial aid to such institutions. . . . ” 12 At the joint hearings of November 30 and December 1 1955 , the eminently able and fair counsel for the Gray Commission did not advise that the Tuition Grant Plan was constitutional. He did advise that the assignment plan was constitutional. He acknowl edged that in the Tuition Grant Plan we would be traveling new paths whose ultimate destination we could not know. The G. I grants do not generally apply to elementary and high . schools. Their constitutionality, moreover, has never been attacked. Point 19. Too High A Price To Pay. The value of the Tuition Grant Plan i negligible. The price to s our people is prohibitive. Payment of tuition grants to private schools directly or indirectly will constitute State action and will clothe those schools with a public nature. If we cannot prevent a Negro child from entering a present public school on the basis of race alone, we cannot pre vent him from entering a school partially supported by public funds. Therefore, if the Constitution i amended and the Tuition s Grant Plan adopted, we shall s i l have the very problem we face tl today. W e shall have removed from our Constitution one of the keystones of our public free school system and will have accom plished nothing except the transfer of our dilemma from one set of schools to another. W e shall have gotten nowhere. Our weapon will have become a sword of ashes. And what a price we shall have paid! W e shall have sold our birthright of public education for a mess of pottage containing nothing except confusion and frustration. Point 20. Radical Amendment Not Necessary. It is not necessary to amend Section 141 so radically in order to aid war orphans, Negro graduate students and others formerly receiving public grants at private schools. If such were the pur pose, then the amendment to 141 could have been limited to serve those very needs. However, the proposed amendment extends far beyond those needs and covers al students at a l non-sectarian pri l l vate schools, elementary and high schools. During the past year only 6 war orphans receiving state aid were at private schools. About 10% of the persons enrolled in the Reha bilitation program were enrolled in private schools. Last year 580 Negroes received $149,000 to help pay the cost of graduate study 13 �N e w e l l -C o l e c o m p a n y A l e x a n d r ia . V ir g in ia � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Virginia Society for the Preservation of Public Schools, Information Sheet on Referendum, 1/9/1959, 8 pages Description An account of the resource Proposed tuition grants for private schools, Gray Report, Almond v. Day, Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Virginia Society for the Preservation of Public Schools Date A point or period of time associated with an event in the lifecycle of the resource 1/9/59 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_2_9_1_1 https://projectdaps.org/files/original/a325e5f86b47491afe6e6309952887ef.pdf d737c5ffafed3091f46122fe48a0c6c9 PDF Text Text HOUSE BILL NO. 30 1 Offered August 28, 1956 2 3 4 A B I L L to p r o v id e a u n i f o r m p o lic y f o r th e a s s ig n m e n t o f c h ild r e n to p u b lic f r e e sc h o o ls ; to c re a te a S c h o o l A s s ig n m e n t B o a r d i n ea ch sch o o l d is- 5 t r i c t a n d p r e s c r ib e th e m a n n e r o f a p p o in tm e n t, te r m s a n d d u tie s o f 6 i t s m e m b e r s ; to r e q u ir e n o tic e s o f a d m is s io n to p a r tic u la r sch o o ls 7 a n d th e m a n n e r i n w h ic h s u c h n o tic e s s h a ll be g iv e n ; a n d to p r o v id e 8 a m e th o d o f, a n d p r o c e d u r e s fo r , a p p e a ls f r o m s u c h a s s ig n m e n ts . 9 -------------10 Patrons—Messrs. J. R. Tucker, Jr., H. Mann, J. W. Roberts, V. S. Shaffer, 11 F. Bemiss, B. G. Locher, T. C. Pilcher, T. D. Savage, Jr., D. Davis, 12 F. E. Edmunds, R. Whitehead and J. F. Rixey 13 14 -------------Referred to the Committee on Education 15 -------------16 Be it enacted by the General Assembly of Virginia: 17 1. § 1. After the effective date of this act, each school child who has 18 heretofore attended a public school and who has not moved from the county, 1 9 city or town in which he resided while attending such school shall attend 20 the same school which he last attended until graduation therefrom unless 21 assigned, for good cause shown, to a different school by the School Assign22 ment Board created by § 2 of this act having jurisdiction over such assign23 ments; provided, that this section shall not be construed as affecting any 24 provision of law relating to the compulsory attendance of children at 2 5 schools. 26 § 2. There is hereby created in each school district a School Assign2 7 ment Board which shall consist of three members, residents of such dis28 29 30 31 32 33 34 35 36 37 trict, appointed by the Governor for terms of three years; but the original appointments shall be made for terms of one, two, and three years, respectively. Members of such Board shall receive the same compensation and mileage as is provided for members of the school board of the county or city, to be paid as other school expenses are paid. Any child who has not attended the public schools in such school district the preceding school year, or whose residence has been moved thereto from a county, city, or town in which such child formerly attended school, shall be assigned to a school by such Board. § 3. The School Assignment Board shall promulgate rules and regula- �House Bill No. 30 1 tions as to assignment of individual pupils to a particular school, not incon2 sistent with rules and regulations of the State Board of Education. Each 3 child, prior to being assigned to a school which he has not theretofore 4 attended, shall be tested by the Board so that assignments shall be based 5 on the individual needs and welfare of the particular child involved and the 5 welfare and best interests of all other pupils attending the school, avail7 ability of facilities, health, aptitude of such child, the availability of transg portation, the sociological, psychological and like tangible social scientific 9 10 11 12 13 14 15 factors as will prevent, as nearly as possible, any condition of socioeconomic class consciousness among the pupils, and all such other relevant factors and their effect on such child and on the welfare and best interest of the administration of the school or schools involved. § 4. (a) Notice of the assignment of a child to a particular school shall be given by mail, or as otherwise prescribed by regulation of the school assignment board, to the parent, guardian or other person having 1 6 custody of the child. If any parent, guardian, or other person having 1 7 custody of a child, shall not be satisfied with the decision of the School 1 8 Assignment Board as to the attendance of such child at a particular school, 1 9 then such parent, guardian, or other person may, at any time within fifteen 20 days after the giving of notice as herein provided, make application to the 2 1 Board for a review of such decision. Such application shall be in writing, 22 shall set forth the relationship of the applicant to the child, shall set forth 2 3 the specific reasons why such child should not attend such school and also 24 25 26 27 28 29 30 31 32 33 34 85 36 07 3 2 the specific reasons why such child should attend some other school to be named in the application, and shall be in such form and in accordance with such other requirements as may be prescribed by regulation of the Board. Upon receiving such application, the Board shall fix the time and place for hearing and mail notice thereof to the applicant; such time shall not be more than forty-five days after the filing of such application. At the time and place so fixed, the person filing such application shall have the right to appear and present evidence in support of the same. After hearing evidence, the Board shall determine whether the change in assignment sought in the application should be permitted and shall promptly enter an order either affirming its former action or assigning such child to some other school as it deems proper. (b) In any case in which a school division provides facilities for the education of children jointly with another school division or other school House Bill No. 30 1 divisions, by contract or otherwise, the power of the local School Assign2 ment Board of such school division to assign pupils shall extend and apply 3 to the assignment of pupils to another school division or other school 4 divisions with which the school board making such assignment has con5 tractual or other arrangements and the School Assignment Board of the 6 school division to which such children are assigned shall have the authority 7 to assign such children to specific schools within that division. g § 5. If the parent, guardian, or other person having custody of the 9 child, is not satisfied with the final order of the School Assignment Board, 1 0 such person may at any time within fifteen days from the date of such 1 1 order make application to the circuit court of the county or corporation 1 2 court of the city wherein such child resides for a review of the decision of 1 3 the Board. Such application shall set forth the order complained of and 1 4 the objections thereto. Upon the filing of the application the clerk of the 1 5 court shall forthwith notify the Board, requiring it to answer the state1 5 ments contained in the application within twenty-one days but failure to 1 7 do so shall not be taken as an admission of the truth of the facts set forth lg therein. The record on review shall consist of the application made to the 1 9 Board and the order complained of duly certified by the clerk of the Board, 2 Q which shall be filed with the clerk of the court on or before the return day 2 1 of such notice. The proceedings shall be matured for hearing upon the 2 2 expiration of twenty-one days from the issuance of notice by the clerk of 2 3 the court and heard and determined de novo by the judge of such court, 2 4 either in term or vacation. 2g § 6 . If the decision of the court be that the order of the School Assignment Board shall be changed, the court may find that such child is entitled to be admitted to the school as requested in the application to the 2 g Board, or some other school and, in such case, such child shall be admitted 2 2 to such school. From the final order of the court an appeal may be taken 3 0 by either party to the Supreme Court of Appeals in the same manner as 3 1 appeals are taken from judgments in civil actions. 20 27 32 33 34 35 36 37 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Copy of House Bill No. 30, A bill to provide a uniform policy for the assignment of children to public free schools; to create a School Assignment Board in each school district; to require notices of admission to particular schools and set up method for appeals for assignments, Commonwealth of Virginia, August 28, 1956. 2 pages. Description An account of the resource Copy of House Bill No. 30, A bill to provide a uniform policy for the assignment of children to public free schools; to create a School Assignment Board in each school district; to require notices of admission to particular schools and set up method for appeals for assignments, Commonwealth of Virginia, August 28, 1956. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Commonwealth of Virginia Date A point or period of time associated with an event in the lifecycle of the resource 1956-08-28 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_45 https://projectdaps.org/files/original/bdb49adefa39429a4331256e97cfea31.pdf eb230f8b1eafe343c84eea2d32c7955e PDF Text Text HOUSE BILL NO. 16 1 Offered August 28, 1956 2 3 A B I L L to re q u ire school boards to a ssig n p u p ils to p a rticu la r schools and 4 to pro vid e fo r appeals in certa in instances. 5 --------------- 6 8 Patrons—Messrs. H. B. Davis, J. R. Tucker, Jr., H. Mann, J. W. Roberts, V. S. Shaffer, F. Bemiss, B. G. Locher, T. C. Pilcher, D. Davis, F. E. Edmunds, R. Whitehead, K. Gregory, F. B. Gouldman, W. L. Winston. 9 10 -------------Referred to the Committee on Education 7 ---------- 11 12 13 14 Be it enacted by the General Assembly of Virginia: 1. § 1. The local school board of every county, city or town shall promulgate rules and regulations as to assignment of individual pupils to a par- 15 ticular school. Assignments shall be based on the individual needs and 16 welfare of the particular child involved and the welfare and best interests 17 of all other pupils attending the school, availability of facilities, health, 18 aptitude of such child, the availability of transportation, and all such other 1 9 relevant factors and their effect on such child and on the welfare and best 20 interest of the administration of such school or schools involved. Notice 2 1 of assignment shall be given by mail, or as otherwise prescribed by regula2 2 tion of the board, to the parent, guardian or other person having custody 28 of each child. 24 § 2. School children who have heretofore attended public school and 2 5 who have not moved from the county, city or town in which they resided 26 27 28 29 80 31 32 33 shall be assigned to the same school which they last attended unless assigned, for good cause shown, to a different school by the county, city or town school board having jurisdiction over such children. § 3. Any child who has not attended the public schools in the preceding school year or whose residence has been moved from a county, city, or town in which such child formerly attended school, shall be assigned in accordance with § 1 . § 4. If any parent, guardian, or other person having custody of a 3 4 child, is not satisfied with the assignment of such child to a particular 3 5 school under the provisions of this act, then such parent, guardian, or other 36 person may, at any time within fifteen days after the giving of notice of 3 7 assignment, make application in writing to the county, city or town school �House Bill No. 16 2 board, as the case may be, for a review of such action. Such application shall be in writing, shall set forth the relationship of the applicant to the 3 child, shall set forth the specific reasons why such child should not attend 4 the school to which assigned and also the specific reasons why such child 5 should be assigned to some other school to be named in the application, and 6 shall be in such form and in accordance with such other requirements as 7 may be prescribed by rules and regulations of the board. Upon receiving 8 such application, the local school board shall fix the time and place for 9 hearing and mail notice thereof to the applicant; such time shall not be 1 0 more than forty-five days after the filing of such application. At the time 1 1 and place so fixed, the person filing such application shall have the right to 1 2 appear and present evidence in support of the same. After hearing evi1 3 dence, the local board shall determine whether the assignment sought in 1 4 such application should be allowed and shall promptly enter an order either 1 5 affirming its former action or changing the same in accordance with its 1 0 findings. 17 § 5. If the parent, guardian, or other person having custody of the lg child is not satisfied with the final order of the school board, such person 1 9 may at any time within fifteen days from the date of such order apply to 2 0 the circuit court of the county or corporation court of the city wherein 2 1 such child resides for a review of the decision of the local board. Such 2 2 application shall set forth the order complained of and the objections 2 3 thereto. Upon the filing of the application the clerk of the court shall 2 4 forthwith notify the local board, requiring it to answer the statements 2 5 contained in the application within twenty-one days, but failure to do so 2 0 shall not be taken as an admission of the truth of the facts set forth 2 7 therein. The record on review shall consist of the application made to 2 g the local board and the order complained of duly certified by the clerk of 2 9 the local board, which shall be filed with the clerk of the court on or before 2 q the return day of such notice. The proceedings shall be matured for heargj ing upon the expiration of twenty-one days from the issuance of notice g2 by the clerk of the court, and heard and determined d e n o v o by the judge 1 2 33 34 of such court, either in term or vacation. If the decision of the court be that the order of the local board shall 3 5 be changed, the court may find that such child is entitled to attend the 36 school as requested in the application to the local board, or some other 3 7 school, and, in such case, such child shall be admitted to such school by the �3 House Bill No. 16 1 local school board concerned. From the final order of the court an appeal 2 may be taken by the applicant or the local board to the Supreme Court of 3 Appeals in the same manner as appeals are taken from judgments in civil 4 actions. § 6 . As used in this act the term “local school board”, “local board”, “school board”, or “board” shall mean the county, city, or town school board 7 of the county, city or town of the child's residence or of the county, city 8 or town operating the school which he attends or makes application to 9 attend if different from that of his residence; provided that in any case 4 0 where schools are operated jointly by more than one political subdivision, any assignment made must be approved by a majority of the school board 4 2 if a single board has been formed pursuant to the provisions of Chapter 6 4 3 of Article 5 of Title 22 of the Code and if such single board has not been 44 so formed then such assignment must be approved by a majority of the 4 5 members of each participating board, which said boards shall sit jointly ig but vote separately. In case of a tie vote, the proceedings thereon shall be 4 7 in conformity with § 22-70 of the Code of Virginia. 5 q 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource House Bill No. 16, A bill to require school boards to assign pupils to particular schools and to provide for appeals in certain instances. August 28, 1956. 3 pages. Description An account of the resource House Bill No. 16, A bill to require school boards to assign pupils to particular schools and to provide for appeals in certain instances. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Commonwealth of Virginia Date A point or period of time associated with an event in the lifecycle of the resource 1956-08-28 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_44 https://projectdaps.org/files/original/397c59086326d5249281b9ef5221190c.pdf 51b1a74873107e1dc9f0956bc4cef6bb PDF Text Text PUBLIC EDUCATION REPORT OF THE COMMISSION To the GOVERNOR OF VIRGINIA SENATE DOCUMENT N o . 1 Reprint Pursua*1 ^ No. 9, 1955 Extra Session C o m m o n w e a lth of V irg in ia Division of P urchase a n d Printing Richmond 1955 �Members of the Commission GARLAND GRAY, Chairman HARRY B. DAVIS, Vice Chairman H. H. ADAMS J. BRADIE ALLMAN ROBERT F. BALDWIN, JR. JOSEPH E. BLACKBURN ROBERT Y. BUTTON ORBY L. CANTRELL RUSSELL M. CARNEAL CURRY CARTER W. C. CAUDILL C. W. CLEATON J. H. DANIEL CHARLES R. FENWICK EARL A. FITZPATRICK MILLS E. GODWIN, JR. J. D. HAGOOD A. S. HARRISON, JR. CHARLES K. HUTCHENS S. FLOYD LANDRETH BALDWIN G. LOCHER J. MAYNARD MAGRUDER G. EDMOND MASSIE W. M. MINTER W. TAYLOE MURPHY SAMUEL E. POPE H. H. PURCELL JAMES W. ROBERTS V. S. SHAFFER W. ROY SMITH J. RANDOLPH TUCKER, JR. C. S. WHEATLEY, JR. Counsel DAVID J. MAYS HENRY T. WICKHAM Staff JOHN B. BOATWRIGHT, JR. G. M. LAPSLEY JAMES C. ROBERSON �REPORT OF COMMISSION ON PUBLIC EDUCATION To: R ic h m o n d , V ir T h e H o n o r a b l e T h o s . B. St a n l g in ia , N o v e m b e r 11, 1955. e y , G o v e r n o r o f V i r g in ia Your Commission was appointed on August 30, 1954, and instructed to examine the effect of the decision of the Supreme Court of the United States in the school segregation cases, decided May 17, 1954, and to make such recommendations as may be deemed proper. The real impact of the decision, however, could not be fully considered until the final decree of the Supreme Court was handed down and its mandate was before the Federal District Court for interpretation. This did not take place until July 18, 1955. The Commission and its Executive Committee have held many meet ings, including a lengthy public hearing,- wherein many representatives of both races expressed their views, and the Commission has made two interim reports, one on January 19,1955,1 and the other on June 10, 1955.2 It now submits its further recommendations for consideration by Your Excellency. EFFECT OF THE DECISION OF THE UNITED STATES SUPREME COURT IN THE CASE OF DAVIS v. COUNTY SCHOOL BOARD OF PRINCE EDWARD COUNTY, VIRGINIA Until the decision in the D a v is and companion cases, segregation of the races in the public schools had been recognized as coming within the valid exercise of the police powers of the several states. In the leading case of P le s s y v. F e r g u s o n , 163 U. S. 537 (decided in 1896), the Supreme Court of the United States, in upholding the validity of a Louisiana statute requiring the separation of the races in railway coaches, made this pertin ent observation: “* * The most common instance of this (segregation of the races) is eonpected with the establishment of separate schools for white and colored children, which have been held to be a valid exercise of the legislative power even by the courts of states where the political rights of the colored race have been longest and most earnestly enforced.” When the question of the constitutionality of a Mississippi statute requiring segregation of the races in the public schools came before the United States Supreme Court in 1927 in the case of G o n g L u m v. R ic e , 275 U. S. 78, Chief Justice Taft, speaking for a unanimous Court, upheld its constitutionality, and observed, “ * * * we think that it is the same question which has been many times decided to be within the constitutional power of the State legislature to settle without intervention of the federal courts under the Federal Constitution,” citing many cases. When the Fourteenth Amendment was adopted three generations age!, no one dreamed that it had any application to segregation in the public schools. Even the Congress which initiated the Fourteenth Amendment 1 See, Appendix I 2 See, Appendix II 5 �County; Richard Henry Lee, who moved the resolution in Congress, was a magistrate of Westmoreland; Jefferson, who wrote the Declaration of Independence, was a magistrate of Albemarle; and Washington, on whose broad shoulders the Revolution rested, was a magistrate of both King George and Fairfax. The Commission is certain that the spirit that actuated our fathers during times of trial still lives in this Commonwealth, and that our best citizens will not fail to meet the challenge of their day. SUMMARY OF LEGISLATION PROPOSED The Commission has been confronted with the problem of continuing a public school system and at the same time making provision for localities wherein public schools are abandoned, and providing educational op portunities for children whose parents will not send them to integrated schools. To meet the problem thus created by the Supreme Court, the Com mission proposes a plan of assignment which will permit local school boards to assign their pupils in such manner as will best serve the welfare of their communities and protect and foster the public schools under their jurisdic tion. The Commission further proposes legislation to provide that no child be required to attend a school wherein both white and colored children are taught and that the parents of those children who object to integrated schools, or who live in communities wherein no public schools are operated, be given tuition grants for educational purposes. There has heretofore been pending before The Supreme Court of Appeals of Virginia the case of A lm o n d v. D a y, in which the court had before it for consideration the question of whether the Legislature could validly appropriate funds for the education of war orphans at public and private schools. On November 7, 1955, the Court rendered its decision and held, among other things, that § 141 of the Constitution of Virginia prohibited the appropriation of public funds for payments of tuition, institutional fees and other expenses of students who may desire to attend private schools. If our children are to be educated and if enforced integration is to be avoided, it is now clear that § 141 must be amended. Moreover, unless this is done, the State’s entire program, insofar as attendance at private schools is concerned, involving the industrial rehabilitation program for the physically and mentally handicapped, grants for the education of deserving war orphans, grants in aid of Negro graduate students, and scholarships for teaching and nursing, to remedy shortages in these fields, is in jeopardy. Accordingly, it is recommended that a special session of the General Assembly be called forthwith for the purpose of initiating a limited con stitutional convention so that § 141 may be amended in ample time to make tuition grants and other educational payments available in the cur rent school year and the school year beginning in the fall of 1956. A suggested bill for consideration of the General Assembly is attached hereto as Appendix III. Contingent upon the favorable action of the people relative to the amendment of the Constitution herein proposed, your Commission recom mends the enactment of legislation in substance as follows: Assignments would be based upon the welfare of the particular child as well as the welfare and best interests of all other pupils attending a particular school. The school board should be authorized to take into con sideration such factors as availability of facilities, health, aptitude of the child and the availability of transportation. Children who have heretofore attended a particular public school would not be reassigned to a different one except for good cause shown. A child who has not previously attended a public school or whose residence has changed, would be assigned as aforesaid. Any parent, guardian or other person having custody of a child, who objects to the assignment of his child to a particular school under the provisions of the act should have the right to make application within fifteen days after the giving of the notice of the particular assignment to the local school board for a review of its action. The application should contain the specific reasons why the child should not attend the school assigned and the specific reasons why the child should be assigned to a different school named in the application. After the application is re ceived by the local school board a hearing would be held within forty-five days and, after hearing evidence, the school board would determine to what school the child should be assigned. An appeal if taken should be permitted from the final order of the school board within fifteen days. The appeal would be to the circuit or corporation court. The local school board would be made a defendant in this action and the case heard and determined de novo by the judge of the court, either in term or in vacation. If either party be aggrieved by the order of the court, an appeal should be permitted to the Supreme Court of Appeals of Virginia. 2. T h a t no child he req u ired to a tte n d a n in te g ra te d school. 3. T h a t th e sections o f th e Code re la tin g to th e p o w ers a n d d u tie s o f school boards re la tiv e to tra n s p o rta tio n o f p u p ils he a m ended so a s to prov id e th a t school hoards m a y fu r n is h tra n sp o rta tio n fo r pupils. In the opinion of the Commission, such is merely a restatement of existing law. However, it is felt th at it should be made perfectly clear that no county school board be required to furnish transportation to school children. 4. T h a t changes he m ade in th e law re la tin g to th e a ssig n m e n t o f teachers. Local school boards should be vested with the authority to employ teachers and assign them to a particular school. The division superin tendent should be permitted to assign a particular teacher to a particular position in the school, but not to assign the teacher to a school different from that to which such teacher was assigned by the local school board without the consent of such board. 5. T h a t localities he a u th o rized to raise su m s o f m o n e y b y a ta x on p ro p e rty , su b je c t to local ta x a tio n , to he expended b y local school a u th o ritie s fo r educational p urposes in clu d in g cost o f tr a n s p o rta tio n a n d to receive a nd exp en d S ta te aid fo r th e sam e purposes. Such legislation would be designed to give localities broad discretion in the assignment of pupils in the public schools. Those localities wherein no public schools are operated should be authorized to provide for an educational levy or a cash appropriation in lieu of such levy. The maximum amount of the levy or cash appropriation, as the case may be, should be limited in the same manner as school levies or .school appropriations are limited. 8 9 1 . T h a t school hoards he a u th o rized to a ssig n p u p ils to p a rticu la r schools a n d to p ro v id e f o r appeals in c erta in in sta n ce s. �The procedure to be followed by school officials and local tax levying bodies for obtaining these educational funds would be the same as pre scribed by law for the raising of funds for public school purposes. The educational funds so raised would be expended by the local school board for the payment of tuition grants for elementary or secondary school education and could, in the discretion of the board, be expended for trans portation costs. Local school boards should be vested with the authority to pay out such grants and costs under their own rules and regulations. Localities should be granted and allocated their share of State funds upon certifying that such funds would be expended for tuition grants. Any person who expends a tuition grant for any purpose other than the education of his child should be amenable to prosecution therefor. 6 . T h a t s c h o o l b u d g e ts be r e q u ir e d to in c lu d e a m o u n ts s u ffic ie n t f o r th e p a y m e n t o f t u itio n g r a n t s a n d tr a n s p o r ta tio n c o s ts u n d e r c e r ta in c ir c u m s ta n c e s ; t h a t local g o v e r n in g b o d ie s be a u th o r iz e d to r a is e m o n e y f o r s u c h p u r p o s e s ; th a t p r o v is io n be m a d e f o r th e e x p e n d itu r e o f s u c h fu n d s ; a n d t h a t th e S t a t e B o a r d o f E d u c a tio n be e m p o w e r e d to w a iv e c e r ta in c o n d itio n s i n th e d is tr i b u tio n o f S t a t e f u n d s . This would be companion legislation to that dealing with the assign ment of pupils and compulsory education, respectively. It would be de signed to further prevent enforced integration by providing for the pay ment of tuition grants for the education of those children whose parents object to their attendance at mixed schools. Without such a measure, enforced integration could not be effectively avoided since many parents would then be required to choose integrated schools as the only alternative to the illiteracy of their children. The division superintendent of the schools of every county, city or town wherein public schools are operated should be required to include in his estimate of the school budget an amount of money to be expended as tuition grants for elementary and secondary school education. The locality would be authorized to include in its school levy or cash appropriation an amount necessary for such tuition grants. The educational funds so raised would be expended in payment of tuition grants for elementary or secondary school education to the parents, guardians or other persons having custody of children who have been assigned to public schools wherein both white and colored children are enrolled, provided such parents, guardians or other persons having custody of such children certify that they object to such assignment. Each grant should be in the amount necessary for the education of the child, provided, however, that in no event would such grant exceed the total cost of operation per pupil in average daily attendance in the public schools for the locality making such grant as determined for the preceding school year by the Superintendent of Public Instruction. Provision should be made for the payment of transportation costs in the discretion of the board to those who qualify for tuition grants. No locality that expends funds for tuition grants should be penalized in the distribution of State funds. Any person who expends tuition grants for any purpose other than for the education of his child should be amen able to prosecution. 7. T h a t p r o v is io n be m a d e f o r th e r e im b u r s e m e n t b y th e S t a t e o f o n e - h a lf o f a n y a d d itio n a l c o s ts w h ic h m a y be in c u r r e d b y c e r ta in lo c a litie s i n p a y m e n t o f t u itio n g r a n t s r e q u ir e d b y la w . 10 The Commission realizes that the payment of tuition grants in locali ties wherein public schools are operated may necessitate some expendi tures beyond the adopted school budgets. Since tuition grants are vital to the prevention of enforced integration, it should be provided that the State bear one-half of any excess costs to the locality. 8 . T h a t local s c h o o l b o a r d s be a u th o r iz e d to e x p e n d f u n d s d e s ig n e d f o r p u b lic sch o o l p u r p o s e s f o r s u c h t u itio n g r a n ts a s m a y be p e r m itt e d b y la w w ith o u t f i r s t o b ta in in g a u th o r ity th e r e fo r f r o m th e ta x le v y in g b o d y . Local school boards should be authorized to transfer school funds, excluding those for capital outlay and debt service, within the total amount of their budget and to expend such funds for tuition grants, in order to give the local boards more flexibility to meet the requirements of the tuition grant program. 9. T h a t th e e m p lo y m e n t o f c o u n s e l b y lo ca l s c h o o l b o a r d s be a u th o r iz e d to d e fe n d th e a c tio n s o f th e i r m e m b e r s a n d th a t th e p a y m e n t o f c o s ts , e x p e n s e s a n d lia b ilitie s le v ie d a g a in s t th e m be m a d e b y th e lo ca l g o v e r n in g b o d ie s o u t o f th e c o u n ty o r c ity tr e a s u r y a s th e c a se m a y be. Such a measure is necessary if we are to continue to have representa tive citizens as members of our local school boards. 10. T h a t th e V i r g in ia S u p p le m e n ta l R e t i r e m e n t A c t be b r o a d e n e d to p r o v id e f o r th e r e ti r e m e n t o f c e r ta in p r iv a t e s c h o o l te a c h e r s. The Virginia Supplemental Retirement Act should be broadened to provide for the retirement of school teachers if such teachers be employed by a corporation organized for the purpose of operating a private school after the effective date of the enactment of legislation recommended by this report. The purpose of this is to protect the retirement status of those public school teachers who may hereafter desire to teach in private schools that are established because of the decision in the school segregation cases. Corporate entity is deemed necessary for practical administration by the Retirement Board. 1 1 . T h a t th e o ffic e o f th e A t t o r n e y G e n e r a l s h o u ld be a u th o r iz e d to r e n d e r c e r ta in s e r v ic e s to lo ca l sch o o l b o a rd s. The Attorney General should be authorized when requested to do so by a local school board, to give such advice and render such legal assistance as he deems necessary upon questions relating to the commingling of the races in the public schools. The localities will have many problems confronting them in view of the school segregation cases and will also have many new responsibilities, including the promulgation of a vast number of detailed rules and regula tions. Under such circumstances it is felt that the office of the Attorney General should be made available to them. The Commission realizes, of course, that in order for such a measure to operate effectively the office of the Attorney General must be expanded and the necessary funds appro priated by the General Assembly. 12. T h a t th o s e s e c tio n s o f th e C o d e r e la tin g to th e m i n i m u m sch o o l te r m , a p p e a ls f r o m a c tio n s o f sch o o l b o a rd s, S t a t e f u n d s w h ic h a r e p a id f o r p u b lic sch o o ls i n c o u n tie s , sch o o l le v ie s a n d u s e th e r e o f, c a sh a p p r o p r ia tio n s i n lie u o f sch o o l le v ie s , a n d u n e x p e n d e d sch o o l f u n d s , be am .en.ded; a n d t h a t c e r ta in o b s o le te s e c tio n s o f th e C o d e be r e p e a le d . 11 �Local school boards should be authorized, but not required to main tain public schools for a period of a t least nine months. A locality may be confronted with an emergency situation. The present procedure governing appeals from actions of school boards should be clarified so that it will not conflict with appeals in as signment cases. The State Board of Education appears to have the authority to ap prove the operation of schools in a locality for a period of less than nine months with no loss in State funds. This should be made clear. The requirement for minimum school levies or cash appropriations in lieu thereof should be eliminated and levies or cash appropriation for educational purposes authorized. The procedure for the reversion of unexpended school funds should be broadened so as to make it apply to appropriations for educational pur poses. Those sections of the Code relating to distribution of school funds which are obsolete, being covered by the Appropriation Act, should be repealed. The section of the Code requiring segregated schools has been rendered void by the Supreme Court of the United States and should be repealed. The section of the Code requiring cities to maintain a system of public schools should be repealed since it duplicates another provision of the Code. CONCLUSION The Commission has set forth a t length the bill the adoption of which is essential to the enactment of legislation to avoid enforced integration. It has discussed in detail the proposals which it believes the General As sembly should consider and adopt subsequent to the amendment of Section 141 of the Constitution. They are so interrelated that it is impractical to consider them except in their entirety and at the same time. To attempt to pass some of them without at the same time being able to consider and to act upon the others, would not be feasible. Finally, as this report has stressed, if those educational programs which have been endangered by the decision of the Supreme Court of Appeals of Virginia in the case of A l m o n d v. D a y are to be continued, and if our children are to escape enforced integration and yet be educated, it is necessary th at Section 141 of the Constitution be amended through the calling of a limited Constitu tional Convention. The session of the General Assembly which considers that matter should not have before it other measures to becloud the issue and delay action on the most pressing problem confronting the State in this century. We therefore recommend that Your Excellency call a special session of the General Assembly for the sole purpose of considering the bill attached hereto. Subsequent to the Constitutional Convention the Commission will be prepared to submit specific bills carrying out the proposals hereinabove set forth. In conclusion, the Commission wishes to express its gratitude to Your Excellency; to the Honorable J. Lindsay Almond, Jr., Attorney General; 12 to the Superintendent of Public Instruction, Dowell J. Howard; to John G. Blount, Jr., Finance Director of the Department of Education; to Charles H. Smith, Director of the Virginia Supplemental Retirement Sys tem; to David J. Mays and Henry T. Wickham, counsel; and to John B. Boatwright, Jr., and G. M. Lapsley, Secretary and Recording Secretary, respectively, to the Commission, and their staff; and to many others who have given their counsel and made specific suggestions, all of which have been carefully considered. Respectfully submitted, GARLAND GRAY, Chairman HARRY B. DAVIS, Vice-Chairman H. H. ADAMS J. BRADIE ALLMAN ROBERT F. BALDWIN, JR. JOSEPH E. BLACKBURN ROBERT Y. BUTTON ORBY L. CANTRELL RUSSELL M. CARNEAL CURRY CARTER W. C. CAUDILL C. W. CLEATON J. H. DANIEL CHARLES R. FENWICK EARL A. FITZPATRICK MILLS E. GODWIN, JR. J. D. HAGOOD A. S. HARRISON, JR. CHARLES K. HUTCHENS S. FLOYD LANDRETH BALDWIN G. LOCHER J. MAYNARD MAGRUDER G. EDMOND MASSIE W. M. MINTER W. TAYLOE MURPHY SAMUEL E. POPE H. H. PURCELL JAMES W. ROBERTS V. S. SHAFFER W. ROY SMITH J. RANDOLPH TUCKER, JR. C. S. WHEATLEY, JR. 13 �APPENDIX I H o n o r a b l e T h o m a s B. St a n l e y , G o v e r n o r o f V i r g in ia On August 30, 1954, Your Excellency appointed the undersigned to a commission charged with the duty of examining the effect on this Com monwealth of the decision of the Supreme Court of the United States in the school segregation cases handed down on May 17, 1954, and of making such recommendations, based upon its examination, as they deemed proper. Your Commission met on September 13, 1954, and elected the under signed chairman and Harry B. Davis vice-chairman. An executive com mittee was provided for, consisting of the two named officers and nine other members of the Commission. Immediately following the appointment of the Commission, its mem bers began to receive a large volume of mail from the citizens of Virginia. In addition, a great many citizens talked with members of the Commission and stated their views on the question of integration, requesting that they be transmitted to the proper authorities. The Commission held a public hearing on November 15, 1954, in the City of Richmond. The widest possible publicity was given to this hearing and all citizens and groups were invited to attend or send repre sentatives to express their views on the question of what course Virginia should follow in the light of the decision of the Supreme Court of the United States in the school segregation cases. The hearing was held in the Mosque in order to accommodate the more than two thousand persons who at tended. It began at 10:00 A. M. and extended late into the night. Op portunity was given everyone who had indicated a desire to do so, to express his opinion. As the record of the public hearing shows, the great majority of those appearing there expressed opposition to integration and requested those in authority to afford them relief from the effects which they anticipated would result therefrom. Spokesmen for the Negro race and various Negro organizations, and a lesser number of white persons, urged immediate in tegration ; in some instances conflicting viewpoints developed among mem bers of the same organization. The hearing was well attended, orderly, and apparently representative of the views of the people of the entire State, and it is presently the view of the Commission that further public hearings would result only in cumula tive testimony, rather than fresh viewpoints. The testimony at the hearing brought into sharp focus the nature and intensity of the feeling as to the effect that integration would have on the public school system. Not only did the majority of persons speaking a t the hearing feel that integration would lead to the abolition or destruc tion of the public school system, but some groups indicated, through their spokesmen, that they p r e fe r i'e d to see the public school system abandoned if the only alternative was integration. It is noteworthy that fifty-five counties, located in various parts of the State, through resolutions adopted by their representative governing bodies, have expressed opposition to integration in the public schools and that of the fifty-five counties only twenty-one have over fifty percent Negro population. A number of school boards have expressed opposition to integration of the races in the schools, as have many non-governmental 14 organizations and associations of our citizens. Included in the latter group are large and representative Statewide organizations. In addition, the sentiment of a large number of individuals has been expressed through the medium of petitions opposing integration. The public hearing held in Richmond, the content of many communica tions to Your Excellency and to the Commission, conversations with the people of this Commonwealth, and the actions taken by a majority of the boards of supervisors of the counties, and by school boards and other organizations, have convinced the Commission that the overwhelming majority of the people of Virginia are not only opposed to integration of the white and negro children of this State, but are firmly convinced that integration of the public school system without due regard to the convictions of the majority of the people and without regard to local con ditions, would virtually destroy or seriously impair the public system in many sections in Virginia. The welfare of the public school system is based on the support of the people who provide the revenues which maintain it, and unless that system is operated in accordance with the convictions of the people who pay the costs, it cannot survive; and this is particularly true in Virginia where a large percentage of the cost of public education is dependent upon local revenues. In view of the foregoing, I have been directed to report that the Commission, working with its counsel, will explore avenues toward formula tion of a program, within the framework of law, designed to prevent en forced integration of the races in the public schools of Virginia. Respectfully submitted, GARLAND GRAY, Chairman. January 19, 1955. 15 �APPENDIX II R ic h m o n d , V ir g in ia , J u n e 10, 1955. To: H o n o r a b l e T h o s . B. St a n l e y , G overnor o f V irg in ia The Commission in its report to Your Excellency, dated January 19, 1955, stated that it would explore avenues toward formulation of a pro gram, within the framework of law, designed to prevent enforced integra tion of the races in the public schools of Virginia. In furtherance of that aim, counsel, working closely with the undersigned, the full Commission, the executive committee, a committee of attorneys consisting of three members of the Commission and many others, has studied and evaluated various plans and programs of suggested legislation and has now reached some general conclusions. By necessity no plan or program could be evolved until the final de cision of the Supreme Court of the United States was rendered. This was done on May 31, 1955, and, a t the request of Your Excellency, the under signed called a meeting of the Commission on June 8 , 9 and 10 for the specific purpose of considering the effects of the Supreme Court's latest enunciation concerning the public school system in Virginia. Throughout its deliberations the Commission has been fully conscious that one of the most important functions of State and local government is the education of our youth. It has been at all times guided by the realization that education for the children of this State is of paramount consideration. The plans the Commission has under consideration, necessitated by the decisions of the Supreme Court of the United States, require numerous, involved and complex changes in the present laws of Virginia. Such changes relate to the State Board of Education, local school boards, appro priations by local tax levying bodies, the employment of teachers, their tenure in office and retirement, distribution of school funds by the State, and other related matters. No political subdivision of Virginia can initiate a system designed to achieve an orderly and equitable adjustment con sistent with law before the enactment of appropriate legislation by the General Assembly and the formulation and application of local policy thereunder. The Court in its opinion of May 31, 1955, recognized that a variety of obstacles would have to be eliminated before any transition could be had to a school system operated in accordance with its views. The responsibility for assessing and solving these problems was placed on the school authorities. In Virginia the public schools are the creature of law and operate as a joint State and local responsibility. Time and exhaustive study are required for the formulation and enactment of legislation if the interest and welfare of the pupils of both races, the protection of the status of the teachers, and the financial problems involved are to receive con structive attention. Hasty action could well result in the serious impair ment or destruction of the public school system. This should be as obvious to all who have carefully considered the problem confronting the State and the localities, as it is to the Supreme Court of the United States itself. Because of the many complex statutory changes involved and the necessity to consider many of them in the light of the Constitution of Virginia, it has not yet been possible for the Commission to work out 16 appropriate legislation. Meanwhile both local school authorities and the State Board of Education face the necessity of concluding and announcing plans for the 1955-1956 school year. In the circumstances it is the recommendation of this Commission that Your Excellency and the State Board of Education declare that it is the policy of the State to continue schools through the school year 1955-1956 as presently operated. Further, it is the judgment of this Com mission that an adjustment, at this time, to a school system not based on race would not be practicable or feasible from an administrative stand point or otherwise. Your Commission will continue its work and submit a further report at its conclusion. The report will contain specific bills for enactment by the General Assembly. For the foregoing reasons, it is the view of the Commission that an extra session of the General Assembly should not be called at this time. GARLAND GRAY, Chairman. 17 �APPENDIX III CHAPTER 2 A n A c t to prov id e fo r s u b m ittin g to th e qualified electors th e q uestion of w h e th e r th ere sh a ll be a co n ven tio n to re vise a n d am en d S ectio n 1U1 o f th e C o n stitu tio n o f V irg in ia . [H 1] Approved December 3, 1955 Whereas, by Item 210 of the Appropriation Act of 1954 (Acts of Assembly, 1954, Chapt. 708, p. 970), the General Assembly sought to enact measures to aid certain war orphans in obtaining an education at either public or private institutions of learning, which said Item has been adjudicated by the Supreme Court of Appeals of Virginia, insofar as it purports to authorize payments for tuition, institutional fees and other expenses of students who attend private schools, to be violative of certain provisions of the Constitution respecting education and public instruction; and, Whereas, the State’s entire program, insofar as attendance at private schools is concerned, involving the industrial rehabilitation program, grants for the education of war orphans, grants in aid of Negro graduate students, and scholarships for teaching and nursing, is in jeopardy; and, Whereas, in order to permit the handicapped, war orphans, Negro graduate students and prospective teachers and nurses to receive aid in furtherance of their education at private schools and in order to insure educational opportunities for those children who may not otherwise receive a public school education due to the decision of the Supreme Court of the United States in the school segregation cases, it is deemed necessary that said provisions of the Constitution be revised and amended; and, Whereas, it is impossible to procure such amendments and revisions within the time required to permit educational aid forthwith for the current school year and that beginning in the fall of 1956 except by con vening a constitutional convention; and, Whereas, because it is deemed unwise at this time to make any sweeping or drastic changes in the fundamental laws of the State, and also, in order to assure the adoption of the contemplated amendments and revisions within the time necessary to permit educational aid in the school year of 1956-57, it is deemed necessary that the people eliminate all questions from consideration by said convention save and except those essential to the adoption of those revisions and amendments specified in this Act; and, Whereas, in order to avoid heated and untimely controversies through out the State as to what other matters, if any, may or should be acted upon by said convention, it is believed to be in the public interest to submit to the electors the sole question whether a convention shall be called which will be empowered by the people to consider and act upon said limited revisions and amendments only, and not upon any others; now, therefore, Be it enacted by the General Assembly of Virginia: 1. § 1. That at an election to be held on such day as may be fixed by proclamation of the Governor (but not later than sixty days after the 18 passage of this Act) there shall be submitted to the electors qualified to vote for members of the General Assembly the question “Shall there be a convention to revise the Constitution and amend the same?” Should a majority of the electors voting a t said election vote for a convention, the legal effect of same will be that the people will thereby delegate to it only the following powers of revision and amendment of Section 141 of the Constitution and no others: A. The convention may consider and adopt amendments to Section 141 of the Constitution of Virginia necessary to accomplish the following pur poses, and no others: To permit the General Assembly and the governing bodies of the several counties, cities and towns to appropriate funds for educational purposes which may be expended in furtherance of elementary, secondary, collegiate and graduate education of Virginia students in public and nonsectarian private schools and institutions of learning in addition to those owned or exclusively controlled by the State or any such county, city Or town. B. The convention shall be empowered to proclaim and ordain said revisions and amendments adopted by it within the scope of its powers as above set forth without submitting same to the electors for approval, but the convention will not have the power to either consider, adopt, or propose any other amendments or revisions. § 2. The judges of election and other officers charged with the duty of conducting elections a t each of the several voting places in the State are hereby required to hold an election upon the said question of calling the convention, on the day fixed therefor by proclamation of the Governor, a t all election precincts in the State, but the several electoral boards may, in their discretion, dispense with the services of clerks of election in such precincts as they may deem appropriate. Copies of the Governor’s procla mation shall be promptly sent by the State Board of Elections to the secretary of each electoral board and due publicity thereof given through the press of the State and otherwise if the Governor so directs. § 3. The ballots to be used in said election the State Board of Elec tions shall cause to be printed, and distributed and furnished to the re spective electoral boards of the counties and cities of the State. The num ber furnished each such board shall be determined by the State Board of Elections within the limits prescribed by § 24-213 of the Code of Virginia. The respective electoral boards shall cause the customary identification seal to be stamped on the ballots delivered to them. In order to insure that the electors will clearly understand the limited powers which may be exercised by the convention, if called, said ballots shall be printed in type not less in size than small pica and contain the following words and figures: “Constitutional Convention Ballot: “INFORMATORY STATEMENT “The Act of the General Assembly submitting to the people the ques tion below provides that the elector is voting for or against a convention to which will be delegated by the people only the limited powers of revising and amending Section 141 of the Constitution to the extent th at is neces sary to accomplish the following purposes, and no other powers: “To permit the General Assembly and the governing bodies of the several counties, cities and towns to appropriate funds for educational purposes which may be expended in furtherance of elementary, secondary, collegiate and graduate education of Virginia students in public and nonsectarian private schools and institutions of learning in addition to those owned or exclusively controlled by the State or any such county, city or town. 19 �“The act also provides that the legal effect of a majority vote for a convention will be that the people will delegate to it only the foregoing powers, except that the convention will be empowered to ordain and pro claim said revisions and amendments adopted by it within the scope of said powers without submitting same to the electors for approval, but the convention will not have the power to either consider, adopt or propose any other amendments or revisions. “In the light of the foregoing information the question to be voted on is as follows: “Shall there be a convention to revise the Constitution and amend the same? “ For the convention. “ Against the convention.” § 4. A ballot deposited with a cross mark, a line or check mark placed in the square preceding the words “For the convention” shall be a vote for the convention, and a ballot deposited with a cross mark, line or check mark preceding the words “Against the convention” shall be a vote against the convention. § 5. The ballots shall be distributed and voted, and the results thereof ascertained and certified, in the manner prescribed by section 24-141 of the Code of Virginia. It shall be the duty of the clerks and commissioners of election of each county and city, respectively, to make out, certify and forward an abstract of the votes cast for and against the convention in the manner now prescribed by law in relation to votes cast in general State elections. § 6 . It shall be the duty of the State Board of Elections to open and canvass the said abstracts of returns, and to examine and make statement of the whole number of votes given at said election for and against the convention, respectively, in the manner now prescribed by law in relation to votes cast in general elections; and it shall be the duty of the State Board of Elections to record said certified statement in its office, and without delay to make out and transmit to the Governor of the Common wealth an official copy of said statement, certified by it under its seal of office. § 7. The Governor shall, without delay, make proclamation of the result, stating therein the aggregate vote for and against the convention to be published in such newspapers in the State as may be deemed requisite for general information. The State Board of Elections shall cause to be sent to the clerks of each county and corporation, at least fifteen days before the election, as many copies of this Act as there are places of voting therein; and it shall be the duty of such clerks to forthwith deliver the same to the sheriffs of their respective counties and sergeants of their respective cities for distribution. Each such sheriff or sergeant shall forthwith post a copy of such Act at some public place in each election district at or near the usual voting place in the said district. § 8 . The expenses incurred in conducting this election, except as herein otherwise provided, shall be defrayed as in the case of the election of members of the General Assembly. § 9. The State Board of Elections shall have authority to employ such help and incur such expense as may be necessary to enable it to discharge the duties imposed on it under this Act, the expenses thereof to be paid from funds appropriated by law. 2. An emergency existing, this Act shall be in force from the time of its passage. F o o tn o te : T h is c o p y o f C h a p te r 2 o f th e 1 9 5 5 E x t r a S e s s io n is s u b s titu te d f o r th e p ro p o s e d b ill s e t f o r th i n S e n a te D o c u m e n t N o . 1, p u r s u a n t to H .J .R . N o . 9 o f th e s a m e se ss io n . 20 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Booklet: "Public Education, Report of the Commission to the Governor of Virginia", Senate Document No. 1, Commonwealth of Virginia, 1955. 10 pages. MISSING PAGES 6-7 OF BOOKLET. Description An account of the resource Report of Commission appointed to examine the effect of the decision of the Supreme Court of the United States in the school segregation cases decided May 17, 1954. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Commonwealth of Virginia Date A point or period of time associated with an event in the lifecycle of the resource 1954-05-17 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_43 https://projectdaps.org/files/original/a544964deae28d71f741952b97bce910.pdf 53a064fa052b7cce35f259262590b9a9 PDF Text Text PUBLIC EDUCATION REPORT OF THE COMMISSION To the GOVERNOR OF VIRGINIA SENATE DOCUMENT No. 1 Reprint Pursuant to H.J.R. No. 9, 1955 Extra Session Co m m o n w ea l t h o p V ir g in ia Division of P u rchase a n d Printing Richmond 1955 �Members of the Commission GARLAND GRAY, Chairman HARRY B. DAVIS, Vice Chairman H. H. ADAMS J. BRADIE ALLMAN ROBERT F. BALDWIN, JR. JOSEPH E. BLACKBURN ROBERT Y. BUTTON ORBY L. CANTRELL RUSSELL M. CARNEAL CURRY CARTER W. C. CAUDILL C. W. CLEATON J. H. DANIEL CHARLES R. FENWICK EARL A. FITZPATRICK MILLS E. GODWIN, JR. J. D. HAGOOD A. S. HARRISON, JR. CHARLES K. HUTCHENS S. FLOYD LANDRETH BALDWIN G. LOCHER J. MAYNARD MAGRUDER G. EDMOND MASSIE W. M. MINTER W. TAYLOE MURPHY SAMUEL E. POPE H. H. PURCELL JAMES W. ROBERTS V. S. SHAFFER W. ROY SMITH J. RANDOLPH TUCKER, JR. C. S. WHEATLEY, JR. Counsel DAVID J. MAYS HENRY T. WICKHAM Staff JOHN B. BOATWRIGHT, JR. G. M. LAPSLEY JAMES C. ROBERSON �REPORT OF COMMISSION ON PUBLIC EDUCATION To: R ic h m o n d , V ir T h e H o n o r a b l e T h o s . B. St a n l g in ia , N o v e m b e r 11,1955. e y , G o v e r n o r o f V ir g in ia Your Commission was appointed on August 30, 1954, and instructed to examine the effect of the decision of the Supreme Court of the United States in the school segregation cases, decided May 17, 1954, and to make such recommendations as may be deemed proper. The real impact of the decision, however, could not be fully considered until the final decree of the Supreme Court was handed down and its mandate was before the Federal District Court for interpretation. This did not take place until July 18, 1955. The Commission and its Executive Committee have held many meet ings, including a lengthy public hearing, wherein many representatives of both races expressed their views, and the Commission has made two interim reports, one on January 19, 1955,1 and the other on June 10, 1955.2 It now submits its further recommendations for consideration by Your Excellency. EFFECT OF THE DECISION OF THE UNITED STATES SUPREME COURT IN THE CASE OF DAVIS v. COUNTY SCHOOL BOARD OF PRINCE EDWARD COUNTY, VIRGINIA Until the decision in the D a v is and companion cases, segregation of the races in the public schools had been recognized as coming within the valid exercise of the police powers of the several states. In the leading case of P le s s y v. F e r g u s o n , 163 U. S. 537 (decided in 1896), the Supreme Court of the United States, in upholding the validity of a Louisiana statute requiring the separation of the races in railway coaches, made this pertin ent observation: “* * The most common instance of this (segregation of the races) is connected with the establishment of separate schools for white and colored children, which have been held to be a valid exercise of the legislative power even by the courts of states where the political rights of the colored race have been longest and most earnestly enforced.” When the question of the constitutionality of a Mississippi statute requiring segregation of the races in the public schools came before the United States Supreme Court in 1927 in the case of G o n g L u m v. R ic e , 275 U. S. 78, Chief Justice Taft, speaking for a unanimous Court, upheld its constitutionality, and observed, “* * * we think that it is the same question which has been many times decided to be within the constitutional power of the State legislature to settle without intervention of the federal courts under the Federal Constitution,” citing many cases. When the Fourteenth Amendment was adopted three generations ago, no one dreamed that it had any application to segregation in the public schools. Even the Congress which initiated the Fourteenth Amendment 1 See, Appendix I 2 See, Appendix II 5 �provided for segregated schools in the District of Columbia. For nearly a century this interpretation was adopted by many state courts and by the Supreme Court of the United States, and accepted by the people of this country and their legislative representatives. It was the law of the land as firmly as anything can be the law of the land. In the D a v is and companion cases the present Court has uprooted the law long laid down and followed by eminent judges. In doing so, the present Court abandoned all legal precedent and based its conclusions upon the conflicting evidence of psychologists. It relied “generally” upon a lengthy treatise edited by Gunnar Myrdal, a European sociologist of slight experience in the United States, consisting of a number of over lapping contributions made by a number of writers, many of whom were given their golden opportunity to voice their own preconceptions and prejudices. This treatise seems, however, not to have been closely read by the justices of the Supreme Court; otherwise, they would have observed that the author suggests that the adoption of the Constitution was in its inception a fraud upon the common people and that in his opinion it is now an outworn document. With this decision, based upon such authority, we are now faced. It is a m atter of the gravest import, not only to those communities where problems of race are serious, but to every community in the land, because this decision transcends the m atter of segregation in education. It means that irrespective of precedent, long acquiesced in, the Court can and will change its interpretation of the Constitution at its pleasure, disregarding the orderly processes for its amendment set forth in Article V thereof. It means that the most fundamental of the rights of the states and of their citizens exist by the Court’s sufferance and that the law of the land is whatever the Court may determine it to be by the process of judicial legislation. THE PROBLEM BEFORE US The Commission, realizing that the problem before it is the gravest to confront the people of Virginia in this century, has not been willing to take hasty actions which might tend to add to the damage already done to the school system by judicial decree. The public schools are not only educational institutions together with the churches they are the dominant social institutions of the people of Virginia, and of the two, the schools occupy the greater part of the thought and energy of our children. The public schools have been built up slowly and painfully from the ashes of 1865. Within the memory of members of the Commission, public schools, especially in the rural areas, were pathetically inadequate for both races. Until recent years the people of Virginia struggled to establish primary schools in order to meet the minimum needs of our children. At the end of the century only a little more than 1 0 , 0 0 0 white and a little more than 1,000 Negro pupils were taking high school subjects in Virginia, which was only 4% of the white pupils and only .7% of the Negro pupils then in the schools. Since then our public schools have made enormous progress. In the high schools we now have 135,425 white and 38,740 Negro pupils enrolled. The pay of Negro and white teachers has been equalized and many millions of dollars have been expended in school con struction. The number of Negro teachers—more than 6,000—employed in the public schools of Virginia today exceeds those in all of the nonsegregated states combined at the time the Supreme Court had the school 6 segregation cases before it. Progress in recent years has been so rapid in improving the Negro schools that now in many of our counties and cities they are superior to the white schools. Our modern public school system has been developed on a racially segregated basis and advancement of the Negro race has been a direct re sult of such a system. Without segregation, the white children would still be largely taught in private academies as they were in the early days in Virginia. Public schools would have made no progress and Negro children would have received little or no public education. Future judicial pronouncements and the attitudes of the Negroes themselves will largely determine whether in many parts of Virginia the clock will be turned back a century. It is now judicially asserted that Negro children lose something by being compelled to attend separate schools. The Supreme Court of the United States, however, gave no consideration to the adverse effect of integration upon white children, although this was expressly called to the attention of the Court. This Commission believes that separate facilities in our public schools are in the best interest of both races, educationally and otherwise, and that compulsory integration should be resisted by all proper means in our power. The racial problem in Virginia varies radically in different localities; in thirty-one counties in the North, West, and Southwest the Negro school population is less than 10% of the whole; in twenty-four of the South eastern, Piedmont, and Tidewater counties it exceeds 50%, and in one it is nearly 80%. In some localities where there are few Negroes the problem of ad justment is not so serious as it is in localities with large Negro populations. In the latter, it is believed that the people will abandon public schools rather than accept any integration. Our school properties, representing an investment of nearly half a billion dollars, are owned by the localities, and the money for their operation is raised in great part from local taxes. Obviously, the schools cannot continue without the support of the people, and we must leave a large measure of autonomy to the localities even though that may result in the closing of public schools. Thus the local school boards must be given wide discretion to meet their peculiar local problems. The employment of teachers; the assign ment of pupils; the regulation or abandonment of transportation; the opera tion or abandonment of cafeterias; the continuation or abandonment of athletics, societies of various kinds, and other extra-curricular activities; the maintenance of existing social practices or the entire elimination from the schools of every activity but bare instruction; the maintenance of co education or separation by sex;—all of these things must be in the hands of local people who know their own communities and whose children will profit or suffer by their decisions. This will call for unselfish service on the part of the best people of each community. But this is not new in Virginia; in the years that preceded our Revolution, times of stress and danger, our best men con tributed unselfishly and without compensation their thoughts and energies to local government, even while playing their parts on a larger stage. As county magistrates they legislated, adjudicated, and administered the laws of their people. George Mason, who wrote our Bill of Rights, was a magistrate of Fairfax County; Edmund Pendleton, who presided over the Virginia Revolutionary Convention and drafted the resolution calling upon Congress to declare Independence, was a magistrate of Caroline 7 �County; Richard Henry Lee, who moved the resolution in Congress, was a magistrate of Westmoreland; Jefferson, who wrote the Declaration of Independence, was a magistrate of Albemarle; and Washington, on whose broad shoulders the Revolution rested, was a magistrate of both King George and Fairfax. The Commission is certain that the spirit that actuated our fathers during times of trial still lives in this Commonwealth, and that our best citizens will not fail to meet the challenge of their day. SUMMARY OF LEGISLATION PROPOSED The Commission has been confronted with the problem of continuing a public school system and at the same time making provision for localities wherein public schools are abandoned, and providing educational op portunities for children whose parents will not send them to integrated schools. To meet the problem thus created by the Supreme Court, the Com mission proposes a plan of assignment which will permit local school boards to assign their pupils in such manner as will best serve the welfare of their communities and protect and foster the public schools under their jurisdic tion. The Commission further proposes legislation to provide that no child be required to attend a school wherein both white and colored children are taught and that the parents of those children who object to integrated schools, or who live in communities wherein no public schools are operated, be given tuition grants for educational purposes. There has heretofore been pending before The Supreme Court of Appeals of Virginia the case of A l m o n d v. D a y , in which the court had before it for consideration the question of whether the Legislature could validly appropriate funds for the education of war orphans at public and private schools. On November 7, 1955, the Court rendered its decision and held, among other things, that § 141 of the Constitution of Virginia prohibited the appropriation of public funds for payments of tuition, institutional fees and other expenses of students who may desire to attend private schools. If our children are to be educated and if enforced integration is to be avoided, it is now clear that § 141 must be amended. Moreover, unless this is done, the State’s entire program, insofar as attendance at private schools is concerned, involving the industrial rehabilitation program for the physically and mentally handicapped, grants for the education of deserving war orphans, grants in aid of Negro graduate students, and scholarships for teaching and nursing, to remedy shortages in these fields, is in jeopardy. Accordingly, it is recommended that a special session of the General Assembly be called forthwith for the purpose of initiating a limited con stitutional convention so that § 141 may be amended in ample time to make tuition grants and other educational payments available in the cur rent school year and the school year beginning in the fall of 1956. A suggested bill for consideration of the General Assembly is attached hereto as Appendix III. Contingent upon the favorable action of the people relative to the amendment of the Constitution herein proposed, your Commission recom mends the enactment of legislation in substance as follows: 1. T h a t s c h o o l b o a r d s be a u th o r iz e d to a s s ig n p u p ils to p a r tic u la r s c h o o ls a n d to p r o v id e f o r a p p e a ls i n c e r ta in in s ta n c e s . Such legislation would be designed to give localities broad discretion in the assignment of pupils in the public schools. 8 Assignments would be based upon the welfare of the particular child as well as the welfare and best interests of all other pupils attending a particular school. The school board should be authorized to take into con sideration such factors as availability of facilities, health, aptitude of the child and the availability of transportation. Children who have heretofore attended a particular public school would not be reassigned to a different one except for good cause shown. A child who has not previously attended a public school or whose residence has changed, would be assigned as aforesaid. Any parent, guardian or other person having custody of a child, who objects to the assignment of his child to a particular school under the provisions of the act should have the right to make application within fifteen days after the giving of the notice of the particular assignment to the local school board for a review of its action. The application should contain the specific reasons why the child should not attend the school assigned and the specific reasons why the child should be assigned to a different school named in the application. After the application is re ceived by the local school board a hearing would be held within forty-five days and, after hearing evidence, the school board would determine to what school the child should be assigned. An appeal if taken should be permitted from the final order of the school board within fifteen days. The appeal would be to the circuit or corporation court. The local school board would be made a defendant in this action and the case heard and determined d e n o v o by the judge of the court, either in term or in vacation. If either party be aggrieved by the order of the court, an appeal should be permitted to the Supreme Court of Appeals of Virginia. 2. T h a t n o c h ild be r e q u ir e d to a tte n d a n i n te g r a te d sch o o l. 3. T h a t th e s e c tio n s o f th e C o d e r e la tin g to th e p o w e r s a n d d u tie s o f sch o o l b o a r d s r e la t iv e to tr a n s p o r ta tio n o f p u p ils be a m e n d e d so a s to p r o v id e t h a t s c h o o l b o a r d s m a y f u r n i s h tr a n s p o r ta tio n f o r p u p ils . In the opinion of the Commission, such is merely a restatement of existing law. However, it is felt that it should be made perfectly clear that no county school board be required to furnish transportation to school children. 4. T h a t c h a n g e s be m a d e i n th e la w r e la t in g to th e a s s ig n m e n t o f te a c h e r s . Local school boards should be vested with the authority to employ teachers and assign them to a particular school. The division superin tendent should be permitted to assign a particular teacher to a particular position in the school, but not to assign the teacher to a school different from that to which such teacher was assigned by the local school board without the consent of such board. 5. T h a t lo c a litie s be a u th o r iz e d to r a is e s u m s o f m o n e y b y a t a x o n p r o p e r ty , s u b je c t to lo ca l ta x a tio n , to be e x p e n d e d b y lo ca l sc h o o l a u th o r itie s f o r e d u c a tio n a l p u r p o s e s in c lu d in g c o s t o f t r a n s p o r ta tio n a n d to r e c e iv e a n d e x p e n d S t a t e a id f o r t h e s a m e p u r p o s e s . Those localities wherein no public schools are operated should be authorized to provide for an educational levy or a cash appropriation in lieu of such levy. The maximum amount of the levy or cash appropriation, as the case may he, should be limited in the same manner as school levies or .school appropriations are limited. 9 �r / / The procedure to be followed by school officials and local tax levying bodies for obtaining these educational funds would be the same as pre scribed by law for the raising of funds for public school purposes. The educational funds so raised would be expended by the local school board for the payment of tuition grants for elementary or secondary school education and could, in the discretion of the board, be expended for trans portation costs. Local school boards should be vested with the authority to pay out such grants and costs under their own rules and regulations. Localities should be granted and allocated their share of State funds upon certifying that such funds would be expended for tuition grants. Any person who expends a tuition grant for any purpose other than the education of his child should be amenable to prosecution therefor. 6 . T h a t sc h o o l b u d g e ts be r e q u ir e d to in c lu d e a m o u n ts s u ffic ie n t f o r The Commission realizes that the payment of tuition grants in locali ties wherein public schools are operated may necessitate some expendi tures beyond the adopted school budgets. Since tuition grants are vital to the prevention of enforced integration, it should be provided that the State bear one-half of any excess costs to the locality. 8 . T h a t local s c h o o l b o a r d s be a u th o r iz e d to e x p e n d f u n d s d e s ig n e d f o r p u b lic sch o o l p u i'p o s e s f o r s u c h tu i t i o n g r a n ts a s m a y be p e r m itt e d b y laiv w i t h o u t f i r s t o b ta in in g a u th o r ity t h e r e fo r f r o m th e ta x le v y in g b o d y . Local school boards should be authorized to transfer school funds, excluding those for capital outlay and debt service, within the total amount of their budget and to expend such funds for tuition grants, in order to give the local boards more flexibility to meet the requirements of the tuition grant program. 9. T h a t th e e m p lo y m e n t o f c o u n s e l b y lo ca l s c h o o l b o a r d s be a u th e p a y m e n t o f tu i t i o n g r a n t s a n d tr a n s p o r ta tio n c o s ts u n d e r c e r ta in c irc u m s ta n c e s ; t h a t lo ca l g o v e r n in g b o d ie s be a u th o r iz e d to r a is e m o n e y f o r s u c h p u r p o s e s ; t h a t p r o v is io n b e m a d e f o r th e e x p e n d itu r e o f s u c h fu n d s ; a n d t h a t th e S t a t e B o a r d o f E d u c a tio n be e m p o w e r e d to w a iv e c e r ta in c o n d itio n s i n th e d is tr i b u tio n o f S t a t e f u n d s . This would be companion legislation to that dealing with the assign ment of pupils and compulsory education, respectively. It would be dei signed to further prevent enforced integration by providing for the pay ment of tuition grants for the education of those children whose parents object to their attendance at mixed schools. Without such a measure, enforced integration could not be effectively avoided since many parents would then be required to choose integrated schools as the only alternative to the illiteracy of their children. The division superintendent of the schools of every county, city or town wherein public schools are operated should be required to include in his estimate of the school budget an amount of money to be expended as tuition grants for elementary and secondary school education. The locality would be authorized to include in its school levy or cash appropriation an amount necessary for such tuition grants. The educational funds so raised would be expended in payment of tuition grants for elementary or secondary school education to the parents, guardians or other persons having custody of children who have been assigned to public schools wherein both white and colored children are enrolled, provided such parents, guardians or other persons having custody of such children certify that they object to such assignment. Each grant should be in the amount necessary for the education of the child, provided, however, that in no event would such grant exceed the total cost of operation per pupil in average daily attendance in the public schools for the locality making such grant as determined for the preceding school year by the Superintendent of Public Instruction. Provision should be made for the payment of transportation costs in the discretion of the board to those who qualify for tuition grants. No locality that expends funds for tuition grants should be penalized in the distribution of State funds. Any person who expends tuition grants for any purpose other than for the education of his child should be amen able to prosecution. 7. T h a t p r o v is io n be m a d e f o r th e r e im b u r s e m e n t b y th e S t a t e o n e - h a lf o f a n y a d d itio n a l c o s ts w h ic h m a y b e in c u r r e d b y c e r ta in lo c a litie s i n p a y m e n t o f t u itio n g r a n t s r e q u ir e d b y la w . 10 th o r iz e d to d e fe n d th e a c tio n s o f th e i r m e m b e r s a n d t h a t th e p a y m e n t o f c o sts , e x p e n s e s a n d lia b ilitie s le v ie d a g a in s t th e m be m a d e b y th e lo ca l g o v e r n in g b o d ie s o u t o f th e c o u n ty o r c ity tr e a s u r y a s th e ca se m a y be. Such a measure is necessary if we are to continue to have representa tive citizens as members of our local school boards. 10. T h a t th e V i r g in ia S u p p le m e n t a l R e t i r e m e n t A c t be b r o a d e n e d to p r o v id e f o r th e r e ti r e m e n t o f c e r ta in p r iv a t e sc h o o l te a c h e r s . The Virginia Supplemental Retirement Act should be broadened to provide for the retirement of school teachers if such teachers be employed by a corporation organized for the purpose of operating a private school after the effective date of the enactment of legislation recommended by this report. The purpose of this is to protect the retirement status of those public school teachers who may hereafter desire to teach in private schools that are established because of the decision in the school segregation cases. Corporate entity is deemed necessary for practical administration by the Retirement Board. 11. T h a t th e o ffic e o f th e A t t o r n e y G e n e r a l s h o u ld be a u th o r iz e d to r e n d e r c e r ta in s e r v ic e s to lo ca l sc h o o l b o a r d s. The Attorney General should be authorized when requested to do so by a local school board, to give such advice and render such legal assistance as he deems necessary upon questions relating to the commingling of the races in the public schools. The localities will have many problems confronting them in view of the school segregation cases and will also have many new responsibilities, including the promulgation of a vast number of detailed rules and regula tions. Under such circumstances it is felt that the office of the Attorney General should be made available to them. The Commission realizes, of course, that in order for such a measure to operate effectively the office of the Attorney General must be expanded and the necessary funds appro priated by the General Assembly. of 12. T h a t th o s e s e c tio n s o f th e C o d e r e la t in g to th e m i n i m u m sch o o l te r m , a p p e a ls f r o m a c tio n s o f s c h o o l b o a r d s , S t a t e f u n d s iv h ic h a r e p a id f o r p u b lic s c h o o ls i n c o u n tie s , s c h o o l le v ie s a n d u s e th e r e o f, c a s h a p p r o p r ia tio n s i n lie u o f sch o o l le v ie s , a n d u n e x p e n d e d sch o o l f u n d s , be a m e n d e d ; a n d t h a t c e r ta in o b s o le te s e c tio n s o f th e C o d e be re p e a le d . 11 �Local school boards should be authorized, but not required to main tain public schools for a period of a t least nine months. A locality may be confronted with an emergency situation. The present procedure governing appeals from actions of school boards should be clarified so th at it will not conflict with appeals in as signment cases. The State Board of Education appears to have the authority to ap prove the operation of schools in a locality for a period of less than nine months with no loss in State funds. This should be made clear. The requirement for minimum school levies or cash appropriations in lieu thereof should be eliminated and levies or cash appropriation for educational purposes authorized. The procedure for the reversion of unexpended school funds should be broadened so as to make it apply to appropriations for educational pur poses. Those sections of the Code relating to distribution of school funds which are obsolete, being covered by the Appropriation Act, should be repealed. The section of the Code requiring segregated schools has been rendered void by the Supreme Court of the United States and should be repealed. The section of the Code requiring cities to maintain a system of public schools should be repealed since it duplicates another provision of the Code. CONCLUSION The Commission has set forth a t length the bill the adoption of which is essential to the enactment of legislation to avoid enforced integration. It has discussed in detail the proposals which it believes the General As sembly should consider and adopt subsequent to the amendment of Section 141 of the Constitution. They are so interrelated that it is impractical to consider them except in their entirety and at the same time. To attempt to pass some of them without at the same time being able to consider and to act upon the others, would not be feasible. Finally, as this report has stressed, if those educational programs which have been endangered by the decision of the Supreme Court of Appeals of Virginia in the case of A l m o n d v. D a y are to be continued, and if our children are to escape enforced integration and yet be educated, it is necessary that Section 141 of the Constitution be amended through the calling of a limited Constitu tional Convention. The session of the General Assembly which considers that m atter should not have before it other measures to becloud the issue and delay action on the most pressing problem confronting the State in this century. We therefore recommend that Your Excellency call a special session of the General Assembly for the sole purpose of considering the bill attached hereto. Subsequent to the Constitutional Convention the Commission will be prepared to submit specific bills carrying out the proposals hereinabove set forth. In conclusion, the Commission wishes to express its gratitude to Your Excellency; to the Honorable J. Lindsay Almond, Jr., Attorney General; 12 to the Superintendent of Public Instruction, Dowell J. Howard; to John G. Blount, Jr., Finance Director of the Department of Education; to Charles H. Smith, Director of the Virginia Supplemental Retirement Sys tem; to David J. Mays and Henry T. Wickham, counsel; and to John B. Boatwright, Jr., and G. M. Lapsley, Secretary and Recording Secretary, respectively, to the Commission, and their staff; and to many others who have given their counsel and made specific suggestions, all of which have been carefully considered. Respectfully submitted, GARLAND GRAY, Chairman HARRY B. DAVIS, Vice-Chairman H. H. ADAMS J. BRADIE ALLMAN ROBERT F. BALDWIN, JR. JOSEPH E. BLACKBURN ROBERT Y. BUTTON ORBY L. CANTRELL RUSSELL M. CARNEAL CURRY CARTER W. C. CAUDILL C. W. CLEATON J. H. DANIEL CHARLES R. FENWICK EARL A. FITZPATRICK MILLS E. GODWIN, JR. J. D. HAGOOD A. S. HARRISON, JR. CHARLES K. HUTCHENS S. FLOYD LANDRETH BALDWIN G. LOCHER J. MAYNARD MAGRUDER G. EDMOND MASSIE W. M. MINTER W. TAYLOE MURPHY SAMUEL E. POPE H. H. PURCELL JAMES W. ROBERTS V. S. SHAFFER W. ROY SMITH J. RANDOLPH TUCKER, JR. C. S. WHEATLEY, JR. 13 �APPENDIX I H o n o r a b l e T h o m a s B. S t a n l e y , G o v e r n o r o f V ir g in ia On August 30, 1954, Your Excellency appointed the undersigned to a commission charged with the duty of examining the effect on this Com monwealth of the decision of the Supreme Court of the United States in the school segregation cases handed down on May 17, 1954, and of making such recommendations, based upon its examination, as they deemed proper. Your Commission met on September 13, 1954, and elected the under signed chairman and Harry B. Davis vice-chairman. An executive com mittee was provided for, consisting of the two named officers and nine other members of the Commission. Immediately following the appointment of the Commission, its mem bers began to receive a large volume of mail from the citizens of Virginia. In addition, a great many citizens talked with members of the Commission and stated their views on the question of integration, requesting that they be transmitted to the proper authorities. The Commission held a public hearing on November 15, 1954, in the City of Richmond. The widest possible publicity was given to this hearing and all citizens and groups were invited to attend or send repre sentatives to express their views on the question of what course Virginia should follow in the light of the decision of the Supreme Court of the United States in the school segregation cases. The hearing was held in the Mosque in order to accommodate the more than two thousand persons who at tended. It began at 10:00 A. M. and extended late into the night. Op portunity was given everyone who had indicated a desire to do so, to express his opinion. As the record of the public hearing shows, the great majority of those appearing there expressed opposition to integration and requested those in authority to afford them relief from the effects which they anticipated would result therefrom. Spokesmen for the Negro race and various Negro organizations, and a lesser number of white persons, urged immediate in tegration ; in some instances conflicting viewpoints developed among mem bers of the same organization. The hearing was well attended, orderly, and apparently representative of the views of the people of the entire State, and it is presently the view of the Commission that further public hearings would result only in cumula tive testimony, rather than fresh viewpoints. The testimony a t the hearing brought into sharp focus the nature and intensity of the feeling as to the effect that integration would have on the public school system. Not only did the majority of persons speaking at the hearing feel that integration would lead to the abolition or destruc tion of the public school system, but some groups indicated, through their spokesmen, th at they p r e f e r r e d to see the public school system abandoned if the only alternative was integration. It is noteworthy that fifty-five counties, located in various parts of the State, through resolutions adopted by their representative governing bodies, have expressed opposition to integration in the public schools and that of the fifty-five counties only twenty-one have over fifty percent Negro population. A number of school boards have expressed opposition to integration of the races in the schools, as have many non-governmental 14 organizations and associations of our citizens. Included in the latter group are large and representative Statewide organizations. In addition, the sentiment of a large number of individuals has been expressed through the medium of petitions opposing integration. The public hearing held in Richmond, the content of many communica tions to Your Excellency and to the Commission, conversations with the people of this Commonwealth, and the actions taken by a majority of the boards of supervisors of the counties, and by school boards and other organizations, have convinced the Commission that the overwhelming majority of the people of Virginia are not only opposed to integration of the white and negro children of this State, but are firmly convinced that integration of the public school system without due regard to the convictions of the majority of the people and without regard to local con ditions, would virtually destroy or seriously impair the public system in many sections in Virginia. The welfare of the public school system is based on the support of the people who provide the revenues which maintain it, and unless that system is operated in accordance with the convictions of the people who pay the costs, it cannot survive; and this is particularly true in Virginia where a large percentage of the cost of public education is ‘dependent upon local revenues. In view of the foregoing, I have been directed to report that the Commission, working with its counsel, will explore avenues toward formula tion of a program, within the framework of law, designed to prevent en forced integration of the races in the public schools of Virginia. Respectfully submitted, GARLAND GRAY, Chairman. January 19, 1955. 15 �APPENDIX II R ic h m o n d , V ir g in ia , J u n e 10, 1955. To: H onorable Thos. B. S ta n le y , Governor of Virginia The Commission in its report to Your Excellency, dated January 19, 1955, stated that it would explore avenues toward formulation of a pro gram, within the framework of law, designed to prevent enforced integra tion of the races in the public schools of Virginia. In furtherance of that aim, counsel, working closely with the undersigned, the full Commission, the executive committee, a committee of attorneys consisting of three members of the Commission and many others, has studied and evaluated various plans and programs of suggested legislation and has now reached some general conclusions. By necessity no plan or program could be evolved until the final de cision of the Supreme Court of the United States was rendered. This was done on May 31, 1955, and, at the request of Your Excellency, the under signed called a meeting of the Commission on June 8 , 9 and 10 for the specific purpose of considering the effects of the Supreme Court’s latest enunciation concerning the public school system in Virginia. Throughout its deliberations the Commission has been fully conscious that one of the most important functions of State and local government is the education of our youth. It has been a t all times guided by the realization that education for the children of this State is of paramount consideration. The plans the Commission has under consideration, necessitated by the decisions of the Supreme Court of the United States, require numerous, involved and complex changes in the present laws of Virginia. Such changes relate to the State Board of Education, local school boards, appro priations by local tax levying bodies, the employment of teachers, their tenure in office and retirement, distribution of school funds by the State, and other related matters. No political subdivision of Virginia can initiate a system designed to achieve an orderly and equitable adjustment con sistent with law before the enactment of appropriate legislation by the General Assembly and the formulation and application of local policy thereunder. The Court in its opinion of May 31, 1955, recognized that a variety of obstacles would have to be eliminated before any transition could be had to a school system operated in accordance with its views. The responsibility for assessing and solving these problems was placed on the school authorities. In Virginia the public schools are the creature of law and operate as a joint State and local responsibility. Time and exhaustive study are required for the formulation and enactment of legislation if the interest and welfare of the pupils of both races, the protection of the status of the teachers, and the financial problems involved are to receive con structive attention. Hasty action could well result in the serious impair ment or destruction of the public school system. This should be as obvious to all who have carefully considered the problem confronting the State and the localities, as it is to the Supreme Court of the United States itself. appropriate legislation. Meanwhile both local school authorities and the State Board of Education face the necessity of concluding and announcing plans for the 1955-1956 school year. In the circumstances it is the recommendation of this Commission that Your Excellency and the State Board of Education declare that it is the policy of the State to continue schools through the school year 1955-1956 as presently operated. Further, it is the judgment of this Com mission that an adjustment, at this time, to a school system not based on race would not be practicable or feasible from an administrative stand point or otherwise. Your Commission will continue its work and submit a further report at its conclusion. The report will contain specific bills for enactment by the General Assembly. For the foregoing reasons, it is the view of the Commission that an extra session of the General Assembly should not be called at this time. GARLAND GRAY, Chairman. Because of the many complex statutory changes involved and the necessity to consider many of them in the light of the Constitution of Virginia, it has not yet been possible for the Commission to work out 16 17 �Whereas, by Item 210 of the Appropriation Act of 1954 (Acts of Assembly, 1954, Chapt. 708, p. 970), the General Assembly sought to enact measures to aid certain war orphans in obtaining an education at either public or private institutions of learning, which said Item has been adjudicated by the Supreme Court of Appeals of Virginia, insofar as it purports to authorize payments for tuition, institutional fees and other expenses of students who attend private schools, to be violative of certain provisions of the Constitution respecting education and public instruction; and, Whereas, the State’s entire program, insofar as attendance a t private schools is concerned, involving the industrial rehabilitation program, grants for the education of war orphans, grants in aid of Negro graduate students, and scholarships for teaching and nursing, is in jeopardy; and, Whereas, in order to permit the handicapped, war orphans, Negro graduate students and prospective teachers and nurses to receive aid in furtherance of their education at private schools and in order to insure educational opportunities for those children who may not otherwise receive a public school education due to the decision of the Supreme Court of the United States in the school segregation cases, it is deemed necessary that said provisions of the Constitution be revised and amended; and, Whereas, it is impossible to procure such amendments and revisions within the time required to permit educational aid forthwith for the current school year and that beginning in the fall of 1956 except by con vening a constitutional convention; and, Whereas, because it is deemed unwise at this time to make any sweeping or drastic changes in the fundamental laws of the State, and also, in order to assure the adoption of the contemplated amendments and revisions within the time necessary to permit educational aid in the school year of 1956-57, it is deemed necessary that the people eliminate all questions from consideration by said convention save and except those essential to the adoption of those revisions and amendments specified in this Act; and, Whereas, in order to avoid heated and untimely controversies through out the State as to what other matters, if any, may or should be acted upon by said convention, it is believed to be in the public interest to submit to the electors the sole question whether a convention shall be called which will be empowered by the people to consider and act upon said limited revisions and amendments only, and not upon any others; now, therefore, Be it enacted by the General Assembly of V irginia: 1. § 1. That at an election to be held on such day as may be fixed by proclamation of the Governor (but not later than sixty days after the passage of this Act) there shall be submitted to the electors qualified to vote for members of the General Assembly the question “Shall there be a convention to revise the Constitution and amend the same?” Should a majority of the electors voting at said election vote for a convention, the legal effect of same will be that the people will thereby delegate to it only the following powers of revision and amendment of Section 141 of the Constitution,and no others: A. The convention may consider and adopt amendments to Section 141 of the Constitution of Virginia necessary to accomplish the following pur poses, and no others: To permit the General Assembly and the governing bodies of the several counties, cities and towns to appropriate funds for educational purposes which may be expended in furtherance of elementary, secondary, collegiate and graduate education of Virginia students in public and nonsectarian private schools and institutions of learning in addition to those owned or exclusively controlled by the State or any such county, city or town. B. The convention shall be empowered to proclaim and ordain said revisions and amendments adopted by it within the scope of its powers as above set forth without submitting same to the electors for approval, but the convention will not have the power to either consider, adopt, or propose any other amendments or revisions. § 2. The judges of election and other officers charged with the duty of conducting elections a t each of the several voting places in the State are hereby required to hold an election upon the said question of calling the convention, on the day fixed therefor by proclamation of the Governor, at all election precincts in the State, but the several electoral boards may, in their discretion, dispense with the services of clerks of election in such precincts as they may deem appropriate. Copies of the Governor’s procla mation shall be promptly sent by the State Board of Elections to the secretary of each electoral board and due publicity thereof given through the press of the State and otherwise if the Governor so directs. § 3. The ballots to be used in said election the State Board of Elec tions' shall cause to be printed, and distributed and furnished to the re spective electoral boards of the counties and cities of the State. The num ber furnished each such board shall be determined by the State Board of Elections within the limits prescribed by § 24-213 of the Code of Virginia. The respective electoral boards shall cause the customary identification seal to be stamped on the ballots delivered to them. In order to insure that the electors will clearly understand the limited powers which may be exercised by the convention, if called, said ballots shall be printed in type not less in size than small pica and contain the following words and figures: “Constitutional Convention Ballot: “INFORMATORY STATEMENT “The Act of the General Assembly submitting to the people the ques tion below provides that the elector is voting for or against a convention to which will be delegated by the people only the limited powers of revising and amending Section 141 of the Constitution to the extent th at is neces sary to accomplish the following purposes, and no other powers: “To permit the General Assembly and the governing bodies of the several counties, cities and towns to appropriate funds for educational purposes which may be expended in furtherance of elementary, secondary, collegiate and graduate education of Virginia students in public and nonsectarian private schools and institutions of learning in addition to those owned or exclusively controlled by the State or any such county, city or town. 18 19 APPENDIX III CHAPTER 2 A n A c t to p r o v id e f o r s u b m i t t i n g to th e q u a lifie d e le c to r s th e q u e s tio n o f w h e t h e r th e r e s h a ll be a c o n v e n tio n to r e v is e a n d a m e n d S e c t io n 11*1 o f th e C o n s ti tu tio n o f V ir g in ia . [H 1] Approved December 3, 1955 �“The act also provides that the legal effect of a majority vote for a convention will be that the people will delegate to it only the foregoing powers, except that the convention will be empowered to ordain and pro claim said revisions and amendments adopted by it within the scope of said powers without submitting same to the electors for approval, but the convention will not have the power to either consider, adopt or propose any other amendments or revisions. “In the light of the foregoing information the question to be voted on is as follows: “Shall there be a convention to revise the Constitution and amend the same? “ For the convention. “ Against the convention.” § 4. A ballot deposited with a cross mark, a line or check mark placed in the square preceding the words “For the convention” shall be a vote for the convention, and a ballot deposited with a cross mark, line or check mark preceding the words “Against the convention” shall be a vote against the convention. § 5. The ballots shall be distributed and voted, and the results thereof ascertained and certified, in the manner prescribed by section 24-141 of the Code of Virginia. It shall be the duty of the clerks and commissioners of election of each county and city, respectively, to make out, certify and forward an abstract of the votes cast for and against the convention in the manner now prescribed by law in relation to votes cast in general State elections. § 6 . It shall be the duty of the State Board of Elections to open and canvass the said abstracts of returns, and to examine and make statement of the whole number of votes given at said election for and against the convention, respectively, in the manner now prescribed by law in relation to votes cast in general elections; and it shall be the duty of the State Board of Elections to record said certified statement in its office, and without delay to make out and transmit to the Governor of the Common wealth an official copy of said statement, certified by it under its seal of office. § 7. The Governor shall, without delay, make proclamation of the result, stating therein the aggregate vote for and against the convention to be published in such newspapers in the State as may be deemed requisite for general information. The State Board of Elections shall cause to be sent to the clerks of each county and corporation, at least fifteen days before the election, as many copies of this Act as there are places of voting therein; and it shall be the duty of such clerks to forthwith deliver the same to the sheriffs of their respective counties and sergeants of their respective cities for distribution. Each such sheriff or sergeant shall forthwith post a copy of such Act at some public place in each election district at or near the usual voting place in the said district. § 8 . The expenses incurred in conducting this election, except as herein otherwise provided, shall be defrayed as in the case of the election of members of the General Assembly. § 9. The State Board of Elections shall have authority to employ such help and incur such expense as may be necessary to enable it to discharge the duties imposed on it under this Act, the expenses thereof to be paid from funds appropriated by law. 2. An emergency existing, this Act shall be in force from the time of its passage. F o o tn o te : T h is c o p y o f C h a p te r 2 o f th e 1 9 5 5 E x t r a S e s s io n i s s u b s titu te d f o r th e p r o p o s e d b i l l s e t f o r t h i n S e n a t e D o c u m e n t N o . 1 , p u r s u a n t to H . J . R . N o . 9 o f t h e s a m e session. 20 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Booklet: "Public Education, Report of the Commission to the Governor of Virginia", Senate Document No. 1, Commonwealth of Virginia, 1955. 11 pages. Description An account of the resource Report of Commission appointed to examine the effect of the decision of the Supreme Court of the United States in the school segregation cases decided May 17, 1954. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Commonwealth of Virginia Date A point or period of time associated with an event in the lifecycle of the resource 1954-05-17 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_42 https://projectdaps.org/files/original/166b58317f7e5889c8e055d14dffd3eb.pdf 9b32186e71dabd20a51cd3117022080c PDF Text Text EDUCATI ON IN V I R G I N I A REPORT OF THE COMMISSION ON EDUCATION to the GOVERNOR OF VIRGINIA MAJORITY REPORT CONCURRING STATEMENTS d is s e NtiNG r e p o r t Co m m o n w e a l t h o f V ir g in ia D epartm ent of Purchases and Supply Richmond 1959 �M E M B E R S OF T H E COMMISSION Mosby G. Perrow, Jk., C h a i r m a n Harry B. Davis, Vice-Chairman First Congressional District HOWARD H. ADAMS RUSSELL M. CARNEAL HARRY B. DAVIS W. MARVIN MINTER Second Congressional District EDWARD L. BREEDEN, JR . W. T. LEARY WILLARD J. MOODY JAM ES W. ROBERTS Third Congressional District FITZGERALD BEMISS FRED G. POLLARD EDWARD E. WILLEY JOSEPH J. WILLIAMS, JR. Fourth Congressional District JOHN H. DANIEL MILLS E. GODWIN, JR. GARLAND GRAY JOSEPH C. HUTCHESON F ifth Congressional District J. D. HAGOOD S. FLOYD LANDRETH C. STUART WHEATLEY, JR. HUNT M. WHITEHEAD Sixth Congressional District EARL A. FITZPATRICK KOSSEN GREGORY MOSBY G. PERROW, JR. H. RAY WEBBER Seventh Congressional District CURRY CARTER GEORGE M. COCHRAN LAWRENCE H. HOOVER ROBERT W HITEHEAD Eighth Congressional District ROBERT Y. BUTTON ROBERT R. GWATHMEY, III EDWARD 0 . McCUE, JR. W. TAYLOE MURPHY Ninth Congressional District M. M. LONG GARNETT S. MOORE VERNON C. SMITH HARRY C. STUART Tenth Congressional District JOHN A. K. DONOVAN CHARLES R. FENW ICK L C. HARRISON MANN, JR. JAMES M. THOMSON �E D U C A T I O N IN V I R G I N I A REPORT OF THE COMMISSION O N ED U CATION Richmond, Virginia March 81, 1959 C O U N S E L TO T H E COMMISSION To: Honorable J. Lindsay Almond, Jr., Governor of Virginia: Your Commission was appointed February 5, 1959, to make recom mendations by Mai'ch 31, 1959, for meeting the crisis brought about by a series of judicial decrees affecting the Public Free School System of Virginia. W. R. B R O A D D U S , JR. C. F. H I C K S W A L T E R E. R O G E R S H E N R Y T. W I C K H A M SYNOPSIS Five years ago, on M a y 17, 1954, the Supreme Court, in the case of B r o w n v. B o a r d of Education, 347 U. S. 483, startled the nation and shocked the South by striking down the provisions of State Constitutions and laws requiring racial separation of children in public schools. Never before had the court rendered a decision so drastically invading the right of the states to manage their internal affairs. The reaction in Virginia was prompt, positive and adverse. The General Assembly of Virginia in keeping with the overwhelming sentiment of the people of this State made every effort to preserve our system of separate schools. The efforts included the invocation of the police powers of the State, state sovereignty, interposition and state immunity from suit. They also included an effort by the General Assembly to inter pret “efficient” schools in keeping with the policy of the State, and a cut off of funds and the closing of schools. One by one these laws have been struck down, some by the federal courts and some by the Supreme Court of Appeals of Virginia. None of these laws can be made effective against overwhelming federal force. STAFF J O H N B. B O A T W R I G H T , JR. G. M. L A P S L E Y As the result of the Broivn decision, and subsequent court decrees, racial integration has already taken place in some school divisions in Vir ginia. Every resource known to the law was exhausted in the defense of every case before the courts. All in authority in Virginia have exhausted every legal means of preventing any integration in our schools. Our officials are entitled to commendation for their unswerving devotion to the cause committed to them. W h e n the decrees become f inal, the course to be followed was clear. Under the firm, courageous and dedicated leadership of those in authority, Virginia responded in keeping with her best and finest traditions, and under the most trying circumstances, set for the nation an example of respect for law and order of which we can be justly proud. There was no mob rule, no violence, no ugly incident. 5 �W e are now faced with decision. The Commission believes that i i t s its duty to present the problem with complete frankness. The truth is that neither the General Assembly nor the Governor has the power to overrule or nullify the final decrees of the federal courts in the school cases. There is sentiment that i would be better to have no public schools t than to have any mixed schools anywhere in Virginia. However, we be lieve that at this time a majority of the people of Virginia is unwilling to have the public schools abandoned. Accordingly, we propose measures to bring about the greatest possible f reedom of choice for each locality and each individual. W e recommend that scholarships be made available to children in every locality to attend nonsectarian private schools. W e recommend a flexible pupil placement plan to meet the varied con ditions throughout the State. W e recommend a compulsory attendance law with adequate safeguards which m a y be used by any locality that desires to do s o. W e recommend additional legislation for disposal of surplus school property. W e recommend local budgetaiy changes which will give the local tax levying body full control over local expenditures to the end that a locality faced with an intolerable situation can constitutionally withhold local sup port from public schools by the simple method of not levying taxes or appropriating money. Under these recommendations no child will be forced to attend a racially mixed school. W e believe that under present conditions these proposals will pro duce results more acceptable to the people of Virginia than abolition of a l l public schools. If not, and if the people then demand the abolition of a l public schools, the people themselves can decide that issue at that time. l Despite the widespread belief to the contrary, the repeal by itself of Section 129 of the Constitution of Virginia would acomplish nothing that cannot be accomplished by statute. In view of the foregoing, no constitu tional amendment is necessary and none is recommended. These proposals permit the preservation of public free schools and implement flexible local autonomy. They are founded on the twin prin ciples of local determination and f reedom of choice. th e pr oblem It would be wholly unrealistic for this Commission not to state with a l frankness that its creation was made necessary and that i came into l t being as a result of the great constitutional and social issues that have faced this country since the Broivn decision, which held the states could not operate racially segregated public schools. 6 Following the Broivn decision, a l of Virginia’ neighboring States l s and some other States in the South began integrating their public schools, while schools in this State remained segregated until February of this year by reason of the determined stand on the part of representatives of the State and of the various localities. Notwithstanding the supreme efforts that were made, Virginia was unsuccessful in sustaining the laws that were designed to prevent integration. Subsequent to the Broivn decision Louisiana amended its constitution to provide for segregated schools under the authority of its police powers. It was held by the federal courts that the police powers cannot be invoked to preserve segregated schools. Orleans Parish School B o a r d v. Bush, 242 F. (2d) 156. Since a writ of certiorari was denied in this case by the Supreme Court, i is evident that i would be futile to assert again such a t t defense. In the Charlottesville and Arlington school cases, it was strongly advo cated that the plaintiffs could not maintain those actions on the ground they were suits against the State and thus prohibited by the Eleventh Amendment of the Federal Constitution. It was held that the immunity of a state from suit under the Eleventh Amendment did not prevent action to enjoin state officials from depriving persons of their constitutional rights. School B o a r d v. Allen, 240 F. (2d) 59. The Supreme Court refused to re view this decision. The hope that the Supreme Court would modify or reverse the B r o w n decision was shattered on September 29, 1958, in the Little Rock case, A a r o n v. Cooper, 358 U. S. 1 . The problem which confronts this Commission, the General Assembly and the Commonwealth of Virginia, can be understood only in the light of the following quotations from court decisions. In A a r o n v. Cooper, with three new Justices sitting, the Supreme Court not only unanimously reaffirmed the Broivn decision, but went even further and held: “It i , of course, quite true that the responsibility for public educa s tion is primarily the concern of the States, but i i equally true that such t s responsibilities, like a l other state activity, must be exercised consistently l with federal constitutional requirements as they apply to state action. * * * State support of segregated schools through any arrangement, manage ment, funds, or property cannot be squared with the Amendment’ com s mand that no state shall deny to any person within i s jurisdiction the t equal protection of the law. The right of a student not to be segregated on racial grounds in schools so maintained i indeed so fundamental and s pervasive that i is embraced in the concept of due process of law.” t Obviously this sweeping decision was written with the laws of Virginia and other Southern States in mind. On January 19th, 1959, a three-judge federal court in J a m e s v. A l m o n d held unconstitutional Virginia’ automatic school closing law, s under which the schools in Norfolk, Charlottesville and Warren County had been closed during the f all of 1958, saying; 7 �“While the State of Virginia, directly or indirectly, maintains and operates a school system with the use of public funds, or participates by arrangement or otherwise in the management of such a school system, no one public school or grade in Virginia m a y be closed to avoid the effect of the law of the land as interpreted by the Supreme Court, while the state permits other public schools or grades to remain open at the expense of the taxpayer. * * * W e do not suggest that, aside from the Constitution of Virginia, the state must maintain a public school system. That i a s matter for State determination. * * * ards be lowered. Virginia is largely dependent upon the public schools for the education of her children. “In the event the State of Virginia withdraws from the business of educating its children, and the local governing bodies assume this respon sibility, the same principles with respect to equal protection of laws would be controlling as to that particular county or city. * * * Such schemes or devices looking to the cutoff of funds for schools or grades affected by the mixing of races, or the closing or elimination of specific grades in such schools, are evasive tactics which have no standing under the law.” In the following sections of this report, there are set forth the mat ters considered by the Commission and its recommendations for legislative action. On the same day the Supreme Court of Appeals of Virginia in Harrison v. Day, 200 Va. 439, also held Virginia’ automatic school closing s law and fund cutoff law invalid under the Constitution of Virginia. The Court further recognized the B r o w n case by stating that our public schools must operate even though integrated. These decisions clearly demonstrate the position in which Virginia now finds herself after years of litigation. Regardless of how unsound we m ay regard the B r o w n decision of the Supreme Court of the United States and irrespective of what action m ay be taken in the future to convince that Court, the Congress, or the people of the United States that the decision should be reversed, we are now compelled to recognize the existence of that decision and the overwhelming power of the Federal Government by the use of force to carry out Federal Court decrees. T H E OBJECTIVE The Commission has received more than five hundred petitions signed by over twenty-five thousand people from every section of the State stating that they are “wholeheartedly opposed to the mixing of the races in our schools and will not countenance such “mixing” and urging this Commis sion, the General Assembly and Your Excellency “to restore to us the enjoyment of Virginia’ honor and sovereign State’ rights and rapidly s s to put Virginia back into the enviable position of no integration”. The Commission i opposed to integration and offers the program set s out herein because i thinks i i the best that can be devised at this time t t s to avoid integration and preserve our public schools. If anyone suggests at any time in the future a better plan i will be welcomed and supported t with all the vigor at our command. The Commission is of the opinion that i would be necessary to close t a l public schools throughout the State in order to prevent any integration. l The culture and the economy of our State are directly geared to the educational attainments of our people. Steady progress has been made in raising our standards of education. W e cannot afford to let those stand- 8 The problem created by the Broton decision varies greatly in the different sections of the State. Therefore, as much autonomy as possible must be placed in the localities of the State so that no child will be com pelled to attend a mixed school and so that the people will be assured the greatest possible freedom of choice in securing educational opportunities for their children. T H E VIRGINIA C O N S T I T U T I O N The Commission, in considering whether to recommend any change in the provisions of the Virginia Constitution, has done so with the belief that any locality which finds itself in an intolerable situation with respect to its public schools should be pei’ mitted to turn to other methods of pro viding educational opportunities for i children. ts There i confusion as to what our State Constitution requires with s respect to public schools. It i important to set forth both what is and s what is not required. While some language of our Supreme Court of Appeals in the recent case of Harrison v. D a y m a y be subject to a different interpretation, the Commission acting upon the advice of counsel for the Commission, the Attorney General, and their assistants, states the following conclusions in complete confidence of their correctness. It is satisfied that these con clusions will be upheld by our court should the question be presented to i . t Sections 129 to 142, inclusive, constituting Article IX, and a portion of Section 173, have to do with public education. Section 129 reads: “The General Assembly shall establish and main tain an efficient system of public free schools throughout the State.” H o w ever, the system of “public free schools” required by this mandate consists of only the public schools of the “primary and grammar grades” mentioned in Section 135. Our Constitution does not require the General Assembly to establish or maintain high schools. Section 135 requires the General Assembly to make three appropria tions: (1) the interest on the Literary Fund, (2) the State’ two-thirds of s the $1.50 capitation tax and (3) an amount equal to the total that would be received from an annual tax on property of not less than one mill on the dollar. These funds are for the schools of the “primary and grammar grades”, and are apportioned on the basis of school population. For the year 1957-58 the total of these minimum constitutional appropriations was approximately $9,000,000. Section 135 also provides: “A nd the General Assembly shall make such other appropriations for school purposes as it may deem best, to be apportioned on a basis to be provided by law.” Thus i is clear that any t appropriation above the constitutional minimum is entirely within the discretion of the General Assembly. 9 �The Constitution does not require localities to levy any taxes or to appropriate any money for public schools, not even those of the primary and grammar grades. Under Section 136 i i optional with the local t s authorities. The General Assembly has no authority to require the locali ties to provide any financial support for public schools. For the year 1957-58 the total spent for the operation of a l public l schools in Virginia, exclusive of debt service and capital outlay, was $163,370,000. This consisted of $65,250,000 from the State, $12,000,000 from the federal government and $86,120,000 from the localities. This was eighteen times as much as the mandatory requirements of the Virginia Constitution. Either of the two approaches provides the desired result of permitting local determination as to the operation of public schools. However, the first method effectively destroys our State system of public free schools. The locality would be free to determine the use of a l state appropriations l above the constitutional minimum. There would be l t l or no State con ite trol. The second method keeps the State system intact except in localities which refuse to support their schools. For that reason and because i requires no amendment to the Appropriation Act, the latter approach t i recommended. The Commision i making certain recommendations for s s legislation that would give localities greater freedom of action in handling their budgetary and tax levying procedures to accomplish the desired result. Thus, from a financial standpoint, the constitutional provisions are not as important as many believe. Unless i i the desire of the people of t s Virginia to abandon completely the state-wide public school system, there is no need for an amendment to the Constitution. Serious consideration was given to the possibility of an outright repeal of Section 129 of the Constitution to meet the decision of our Supreme Court of Appeals in Harrison v. D a y , and thus remove the m a n date to maintain a system of public schools “throughout the State”. Within the existing constitutional framework two approaches are available. The State, i s l , could limit i s appropriation for public schools tef t to the bare minimum specified by Section 135 of the Constitution, that is to say, approximately nine million dollars. If this were done and the balance of funds otherwise available for school purposes were appropri ated for distribution to the localities on a population basis or other equi table formula either for educational purposes generally or for general governmental purposes, a locality could go out of the public school busi ness (except to the extent of i s proportionate share of the nine million t dollars) merely by not making any local appropriation for public schools. It could use its funds and the funds received from the State for the pur pose of providing scholarships for its children to attend nonsectarian private schools. However, without the repeal of other sections of Article IX of the Constitution and of that portion of Section 173 requiring one dollar of the State capitation tax to be applied exclusively in aid of public schools, the State would s i l have to maintain a school system throughout the State tl to the extent of approximately nine million dollars. As pointed out, this constitutional appropriation i required by Section 135. s Such an approach would in policy and theory be as drastic as repealing Article IX. It would amount to an abandonment of our “State system” of public free schools. The State would reduce i support for public ts schools by ninety percent and the statewide system would consist only of those primary and grammar grades that could be maintained with nine million dollars. Before such a drastic approach i adopted, i is the Commission’ s t s belief that the localities should avail themselves of a l possible means of l meeting the sitation by exercising the authority they now have, or which may properly be given to them, without completely disrupting public edu cation throughout Virginia. Under Section 136 of the Constitution no locality i required to appro s priate funds for the support of public schools. Traditionally, and under the present Appropriation Act, funds for school purposes above the con stitutional minimum are distributed only to those localities which, them selves, contribute to the support of public schools. Therefore, under the present Appropriation Act, localities which elect not to make a levy or appropriate funds for school purposes will effectively end public schools in that locality. Its share of funds appropriated by the State to meet the constitutional minimum would s i l have to be expended for maintenance tl and for the primary and grammar grades, but the extent of instruction that could be provided would be limited. 10 This approach would acomplish no more than can now be accomplished by simple budgetary and appropriation measures. The Commission rejected a proposal that an election be held to submit to the electors of the State the question, “Shall there be a convention to revise, amend or repeal Article IX and to revise Section 173 by deleting therefrom the reference to the use of State capitation taxes for public free schools?” After full debate, a majority decided that this proposal should not be submitted, not only because i does not believe an amendment is t necessary at this time, but also because it believes the people should be told what the convention i expected to accomplish. Under the proposal s the convention would be restricted to considering Article IX and Section 173, but i would not be restricted as to what i could do to Article IX. t t It could make i better or worse; i could abolish al authority to operate t t l schools or it could require the maintenance of a l schools including high l schools, depending on the composition of the convention. The Commission also considered the advisability of amending the Constitution by inserting a new section to permit a locality to withdraw from the State public school system. For legal reasons, this approach was abandoned. The most defensible position legally would be for the State to go completely out of the school business as a State function leaving i to each t locality to operate public schools or not as i sees f t with funds raised t i from local tax sources and funds received from the State for general governmental purposes. In that way there would be complete “local autonomy” and the operation or non-operation of public schools would be a matter for the people of each political subdivision to decide. The abandonment of such a local system by local action would present no question of discrimination among the people of the political subdivision involved. The Constitution could be amended to provide for local auton- 11 �omy, but this should not be done unless i is decided to abolish the state t system of public free schools and set up 120-odd local systems with l t l ite or no state control. Another approach to an amendment of the Constitution, and one which would undoubtedly prevent any integration anywhere in Virginia, would be to repeal al constitutional provisions dealing with public edu l cation and insert in lieu thereof an outright absolute constitutional pro hibition against the expenditure of any public funds, either state or local, for the operation of public schools. For reasons previously stated, this course was rejected. Before discussing the last approach which the Commission considered, i i necessary to state the two narrow limits to which Virginia is con t s fined if there is to be any public education: 1 Virginia can elect to continue its “State system” of public schools, . but i i does, the system must be operated in every locality. True, i can f t t be a nine million dollar system with additional funds going to the localities on a matching or reimbursement basis or for educational purposes gen erally or for general governmental purposes. While that nine million dollar system must operate everywhere, under our present Constitution anything more must meet the approval of f irst the General Assembly and then the locality. 2. Virginia can elect to abolish its “State system” and have “Local Autonomy” in it place. It has been seen that this means 120-odd local s systems with l t l or no State control. ite The final suggestion considered by the Commission is that a l constitu l tional provisions concerning schools be repealed and that there be inserted in their place the simple statement “The General Assembly m ay make laws concerning education and m a y make appropriations therefor”. There are only three choices open to Virginia: (1) no public educa tion; (2) a “State system”, and (3) “local autonomy”. W e already have a “State system” ; consequently, any chance would necessarily be for the purpose of having no schools or of permitting “local autonomy”. W e believe that the electorate has complete confidence in the General Assem bly to make the proper choice. However, where the choice is limited to one of two courses, the Commission believes that, if the people are to be asked to vote on this issue, they are entitled to know which course i s intended and to have i written into our Constitution. t All things considered, the Commission recommends that we retain our “State system” for the present with the power in each locality, where the situation demands, to limit that system to that locality’ share of the s nine million dollars. This recommendation requires no constitutional amendment. LO C A L B U D G E T S A N D APPROPRIATIONS It is recommended that a number of changes be made in the existing laws relating to local budgets, tax levies, appropriations, and school funds so as to give the tax levying body of each county, city, or town full control over local expenditures. 12 The provisions of the Code relating to budgets were f irst enacted into law in 1926. Prior to that year there were no general provisions requiring any type of budget by counties, cities, or towns. Under the existing law the adopted budget has come to be considered as an annual appropriation ordinance. The budgetary procedures of local governments should be similar to that of the State. Local officers and department heads should submit an estimate of the money they need to operate their office or department. An annual budget should be prepared and published for informative and f iscal planning purposes only, and the budget should never be adopted or approved. No money collected from a general levy would be considered available, allocated, or expended for any purpose until there is f irst an appropriation for the purpose by the governing body. Appropriations could be made in the discretion of the governing body, annually, semi annually, quarterly, or monthly. It i now required, with the exception of certain specific localities, s that the local tax levy must be fixed not later than the last day of May. It i recommended that this be changed to permit any locality to fix it s s annual levy as late as the last day of June. Three bills to cany out these recommended changes are included in the appendix to this report. There is no State or Federal constitutional requirement that a county, city, or town raise or appropriate any money for public schools. The elected representatives of the people of any locality should be able to control and manage their local affairs in keeping with the wishes of the people. The Constitution of Virginia gives each locality the right to decide whether or not local funds will be raised or appropriated for schools. Every recom mendation of the Commission is in furtherance of this right of the locality. The Commission recommends that each reference in Title 22 to school fund or funds be changed to “funds made available to the school board for public schools”. Funds made available to the school board for public schools could be derived from these sources: a special local school levy; appropriations for public schools by the governing body; and, State and Federal funds which are paid to the locality specifically designated for public school purposes. It i recommended that the division superintendents of schools be s required to submit the estimate of funds deemed to be needed by the school board in two ways. The f irst would be an estimate of money deemed to be needed during the next scholastic year for the support of public schools of the county or city. The second would be an alternative estimate of the amount of money deemed to be needed for educational purposes. If these recommendations are adopted the governing body will have a wide latitude and m ay appropriate funds on the basis of the estimate of money deemed to be needed for public schools, or on the basis of the estimate of money deemed to be needed for educational purposes, or on the basis of a combination of the two. A b l to cany out these recom il mended amendments to the provisions of the Code relating to local funds for education is attached to this report as an appendix. 13 �SURPLUS PROPERTY Broad statutory provisions exist empowering local school boards to s ell school property with a l sales to be approved by the local court of l record. These provisions, f irst enacted in 1887, are found in §§ 22-161 and 15-692 of the Code of Virginia. These two statutes should not be changed. The problem of disposal of school property will differ in each locality and with each parcel of property. Local school boards and courts can make realistic determinations as to when specific parcels of school property should be sold. The Commission recommends the passage of an additional act which would permit the qualified voters to petition the court of record for their county, city, or town to order a referendum to be held to determine i f the specific school property or properties, personal, real, or both, is any longer needed for public purposes. If a majority of the voters voting in such referendum find that a specific parcel of property i no longer s needed, the property shall be sold by the school board under the applicable provisions of law. A b l to carry out this recommendation is included in il the appendix to this report. A loan made from the Literary Fund constitutes a specific lien on the school building for which such loan was made. There i no constitu s tional or statutory provision prohibiting the sale, subject to the lien, of school property on which there i an outstanding lien in favor of the s Literary Fund. N o statutory standards or tables of minimum sale prices for prop erty no longer needed for public purposes exist or should exist. The local school board must be relied upon to obtain the highest possible sale price for the property and a court would not approve a sale unless i appeared t that i was made for the highest responsible bid or offer. School property t m a y be sold on terms with deferred payments for the purchase price secured by a lien on the property i the court approving the sale finds f that making the sale upon terms is for the best interest and benefit of the locality and i not for the purpose of aiding or benefiting the purchaser. s The court approving a sale on terms must take into consideration the provisions of § 185 of the Constitution and find that the sale transaction then before the court does not constitute a violation of that section. T E A C H E R STATUS The Virginia Supplemental Retirement Act was amended in 1956 to provide that any corporation organized after December 29, 1956, for the purpose of providing elementary or secondary education may, under certain conditions, elect to have teachers employed by i become eligible t to participate in the state retirement system. The Commission was in formed that this 1956 amendment i now functioning in a satisfactory s manner and i apparently accomplishing the purpose for which i was s t enacted. It i therefore the conclusion of the Commission that no legis s lation in this field is necessary. § 22-207 of the Code, as amended, requires written contracts with teachers in a form to be prescribed by the Superintendent of Public Instruction. Paragraph 7 of a l such contracts provides that a school l board may cancel the contract after thirty days notice whenever “the services of such teacher are no longer needed due to a lack of funds, a decrease in enrollment or attendance of pupils in the school to which said teacher has been assigned.” Upon consideration of the conditions prevail ing today, the Commission concludes that the 30-day clause should re main in teacher contracts and that no additional legislation is necessary toward this end. Item 132 of the Appropriation Act of 1958 appropriates a certain sum for teacher education and teaching scholarships in aid of the public school system. The present laws and the rules and regulations promulgated thereunder permit recipients of teacher loans to repay them by teaching for a stipulated period in the public schools. It is recommended by the Commission that teachers receiving loans out of funds appropriated under Item 132 of the Appropriation Act be permitted to repay them by teaching in a nonsectarian private school approved for that purpose by the State Board of Education. A b l carrying out this recommendation i included il s in the appendix to this report. M I N I M U M N U M B E R O F PUPILS N E C E S S A R Y T O M A I N T A I N A PUBLIC S C H O O L § 22-6 of the Code directs the State Board of Education to prescribe by regulation the minimum number of pupils required in order to form or maintain a public school. The minimum standards are: “Schools of one teacher, average daily attendance of twenty-five (25) ; ENROLLMENTS A N D TRANSFERS As part of the total program, the Commission recommends the b l , il found in the appendix to this report, which would require the State Board of Education to adopt rules and regulations for use of local school boards in making the initial placement of pupils in the public schools. The b l il also creates a State Placement Board of Appeals to review the placement of pupils, with appeals therefrom to the state courts. In this connection, the Commission further recommends an addi tional appropriation to the State Department of Education for the pur pose of completing a uniform testing program for use in the public schoois as required by § 22-240.1 of the Code. A n amendment to Item 131 of the Appropriation Act i found in the b to amend same. s ill 14 Schools of two teachers, average daily attendance of fifty (50); Schools of three teachers, average daily attendance of seventy-five Schools of four or more teachers, average daily attendance of thirty (30) per teacher.” Certain exceptions are made for the operation of one-room schools for fifteen and sometimes ten children of school age. In view of the above, i i the conclusion of the Commission that no t s further legislation is needed for the purpose of regulating the number of pupils necessary to form and maintain a public school. 15 �COMPULSORY ATTENDANCE The Commission recommends for consideration of Your Excellency the b l included in the appendix which provides for “local option” in deal il ing with the compulsory attendance of pupils upon the public schools. The first twenty-three sections of the proposed b l are substantially il the same as former §§ 22-251 through 22-274 of the Code, a l of which l were repealed by the current session of the General Assembly. However, the provisions of §§ 22-253.1 and 22-253.2 are omitted. The b l provides that any child may, with consent of his parent or il guardian, be excused from school either on recommendation of the school authorities and the juvenile judge or on recommendation of the Superin tendent of Public Instruction. It also provides that its provisions shall not be in force in any locality until i has been recommended by the local school board and then duly t adopted by the governing body of the locality. The operation of the b l il m a y be suspended at any time in the same manner as local ordinances are repealed. If any section or part thereof, is declared unconstitutional, the re mainder of the b l becomes inoperative. il E X T R A C U R R I C U L A R A N D S OCIAL ACTIVITIES In studying this matter, the Commission was appalled over the extent to which extracurricular and social activities have grown and developed throughout our public school system. Undoubtedly, in some instances, this multitude of activity has reached the point where i i beginning to sup t s plant and impair fundamental learning. The effectiveness of the present curriculum in the public schools i s directly related to extracurricular activities in the public schools and i t i felt that the Commission on Public Education created in 1958 by S.J.R. s No. 14 will thoroughly study the problems above mentioned. Until that Commission reports i i believed that the problems may be t s handled by the State Board of Education. TRANSPORTATION The Commission has also drafted for your consideration a b l to il provide for the transportation of children to nonsectarian private schools or in lieu thereof to provide transportation grants in amounts approved by the State Board of Education. It may be found in the appendix of this report. SCHOLA R S H I P S A N D AID TO E D U C A T I O N G E N E R A L L Y The Commission recommends that the program of State and local aid to children securing their education in nonsectarian private schools be broadened to provide scholarships to a l children entitled to attend the l public free schools who prefer to secure their education in private schools rather than public schools. In the appendix to this report is a proposed b which the Commis ill sion recommends be adopted to accomplish this purpose. The b l , i il f enacted into law, would provide for each child a minimum scholarship of $250.00, the actual cost of tuition at the school attended, or an amount equal to the total cost, excluding debt service and capital outlay, per pupil in average daily attendance, of operating the public schools in the locality making the scholarship grant, whichever of such three sums is the lowest. The State and localities would participate jointly in providing such scholar ship, each locality’ share of each scholarship to be the same percentage s as is its contribution to the cost of operating the public schools. The funds for the scholarship would be disbursed by the localities under rules and regulations promulgated by the State Board of Education. The Commission also recommends that the tuition that one locality may charge for attendance at its public school by a child residing in another locality in Virginia be limited to the total per capita cost of education, excluding debt service and capital outlay, of the public schools of the locality to which such child is admitted. A proposed b l to amend Section il 22-219 of the Code to accomplish this purpose is contained in the appendix of this report. In order to prevent road blocks being placed in the path of those attempting to organize and establish private schools in the form of numerous inspections of buildings sought to be used for such schools and requiring unnecessary remedial steps before the issuance of a use permit for the desired purpose, your Commission believes that legislation i s necessary. Included in the appendix to this report i a proposed b l which s il provides that where a private school has secured a permit issued by the State Board of Education with the approval of the State Fire Marshal, to use an existing building for the operation of a school i will not be t subject to local zoning ordinances, plumbing or building codes, etc. Such permits would be for a period of one year, subject to extension for one additional year, after which time the operation would be subject to local regulations. The Commission recommends the adoption of such a b l . il PUPIL P R E F E R E N C E P L A N This Commission has given consideration to the possibilities of a Pupil Preference Plan under which, in addition to the operation of public schools open to the admission of children of both races, public schools would be operated for the children of each race whose parents object to sending their children to mixed schools. The pupil preference plan, or the three school plan as i is sometimes t called, i i could be successfully defended in the courts, has some attrac f t tive features. It has the advantage of being based upon the principal of freedom of choice and would, if approved, avoid enforced integration. Under i , the State would maintain the right to operate segregated schools t for those who desire them. It would present practical difficulties in ad ministration in some localities. The plan has uncertainties from a legal standpoint. In a weakly defended case which arose in an unfavorable situation, such a plan was declared invalid by a Federal District Court in Tennessee. The case was 16 17 �not appealed. There is language in the decision of the Supreme Court of the United States in A a r o n v. C o o p e r which casts doubt upon its legality. However, there are those w h o feel that such a plan should be adopted as a n e w line of defense and vigorously defended all the w a y to the Supreme Court in the hope that the principle of freedom of choice would be upheld or in the hope that further support for our position would be obtained throughout the nation should the court strike down such principle and disclose that it is pursuing a course that would compel the inter mingling of the races. CONCLUSION M a n y uncertainties surround the operation of public schools due to the attempt to force the mixing of the races therein. In view of the difficulties in appraising the extent of such efforts and the extent to which the federal courts will go in supporting what appears to be a deliberate drive to change the customs and social structure of our people, the Commission believes that action at this time should be limited to that recommended herein. To be upheld, such a plan probably should be tested in a situation where there is at least some measure of integration and not in a situation which results in fact in a two school system which is fully segregated. Due to the limitations of time your Commission is not prepared to report to this session of the General Assembly whether any adjustments in our tax structure are required. It is recommended that this study be continued for report by the next regular session. Due to the practical difficulties in establishing a three school system in m a n y localities the Commission does not recommend the adoption of any pupil preference plan at this time. The Commission should also continue its study to determine whether the Constitution should be amended to provide for local autonomy or otherwise. REPEAL OF LAWS It is recommended that the following Sections of the Code pertaining to local budgets and appropriations, be repealed: 15-582, 22-121, 22-122, 22-123, 22-125, 22-127.1, 22-129,' 22-131, 22-139 and 22-139.1. This rec ommendation is carried out in bills previously discussed in this report and found in the appendix. Since a new enrollment b l is recommended, Sections 22-232.1 through il 22-232.17, which created a State Pupil Placement Board, should be re pealed. This is done in the enrollment b l found in the appendix. il Sections 22-115.1 through 22-115.20 and Chapter 56, Acts of Assembly, Extra Session, 1956, are repealed in the recommended b l for pupil il scholarships since they are in conflict therewith. Sections 22-194 and 22-186 are repealed in the same b l . They deal with the charge of tuition il in public high schools and are unnecessary because of Section 22-219 of the Code. The decision of Harrison v. D a y rendered the following Sections of the Code inoperative: 1. Sections 22-188.3 through 22-188.15, commonly known as the school closing statutes; 2. Sections 22-188.30 through 22-188.40, pertaining to state-estab lished school systems in school divisions where an emergency exists; The Commission wishes to recognize the contribution that public school teachers generally are making in these uncertain days. Included in the appendix is a proposed House Joint Resolution commending these public school teachers. The Commission recommends the adoption of such resolution by the General Assembly. Respectfully submitted, Mosby G. Perrow, Jr. Harry B. Davis Howard H. Adams Fitzgerald Bemiss Edw. L. Breeden, Jr. Robert Y. Button Curry Carter Geo. M. Cochran John A. K. Donovan Charles R. Fenwick Earl A. Fitzpatrick Kossen Gregory Robert R. Gwathmey, III Lawrence H. Hoover S. F. Landreth W. T. Leary M. M. Long Harrison M a n n W. M. Minter Willard J. Moody Garnett S. Moore W. Tayloe Murphy Fred G. Pollard James W . Roberts V. C. Smith Harry C. Stuart H. Ray Webber Hunt M. Whitehead Robert Whitehead Edward E. Willey Joseph J. Williams, Jr. 3 Sections 22-188.41 through 22-188.49, generally known as the . Little Rock bills; A b ill is found in the appendix to this report which repeals the aforesaid sections. The Commission also recommends for consideration a b l , found in il appendix to this report, which permits a locality to close i public schools ts whenever federal military forces are deployed in connection with the operation thereof. 18 19 �CONCURRING STATEMENT I subscribe to the principle embodied in the Minority Report, but i t does not point out a defense against the evils it deplores. O n the other hand, the Majority Report, in i attempt to defeat integration, con ts cedes that some integration i inevitable; this I a m unwilling to concede. s Believing, as I do, that the Majority Report points a way in some measure to contain integration, I sign i , because no better plan has been t evolved or suggested. Cur ry Carter. CONCURRING STATEMENT I agree with most of the recommendations contained in the majority report. I disagree with some of them and particularly with the portion of the report which recommends that no action be taken at this time to amend Article IX and Section 173 of the Constitution of Virginia. I a m signing the majority report with this statement of m y position. I think amendment of the sections of the Constitution mentioned is necessary to provide complete local autonomy in the operation of schools. W. M. M CONCURRING STATEMENT W ilbu r T. L e a r y DISSENTING S T A T E M E N T I would be a poor representative indeed, i I were not to respect the f wishes of the vast majority of the people of Pittsylvania County, I there fore, reserve the right to vote for and work for any bills or resolutions introduced in the General Assembly of Virginia to repeal or amend Article IX of the Constitution of Virginia. hitehead. S T A T E M E N T O F R O B E R T Y. B U T T O N I a m in agreement with many recommendations of this report and will support them. Therefore, I a m signing the report. However, I a m in disagreement with the majority of the Commission in other recommendations contained therein, particularly with that por tion of the report dealing with the re-enactment of a Compulsory School Attendance L a w at this time, and with the majority’ approach to the s question of amendment of Article IX of our Constitution. M y votes in the Commission on these recommendations were contrary to the majority view as expressed in this report, and I feel at liberty to continue to vote against these recommendations. R o b e r t Y. B u t t o n . S T A T E M E N T O F MESSRS. G W A T H M E Y , M O O D Y A N D L E A R Y Taking note of the problems pointed out in the majority report of the Commission and recognizing that public support of education in most 20 R o b e r t R. G w a t h m e y , III W illa rd J. M o o d y inter. I a m entirely opposed to integration in a l its forms and I a m signing l the majority report because i i the best we can do at the present time. t s H u n t M. W sections of Virginia should continue and will continue, but further rec ognizing that in some areas of Virginia the localities and the people may desire and need more resources to deal with the problem than are con tained in the recommendations of the majority of the Commission, we feel that the Commission should at this time recommend a complete re vision of Article IX and §173 of the Constitution of Virginia so as to provide total local autonomy in education in Virginia. The report of the majority states that the “most defensible position legally would be for the State to go completely out of the school business as a State function leaving i to each locality to operate public schools or not as it sees f t t i with funds raised from local tax sources and funds received from the State for general governmental purposes.” If this is the strongest legal position, w e should adopt i now. Short of such revision, the recommenda t tions contained in the report of the majority of the members of the C o m mission are the best and strongest possible to handle the problems con fronting public supported education in Virginia. I find that m y views differ substantially from the majority of the members of the Perrow Commission, and for that reason must state w hy I cannot concur in the majority report. I acknowledge that the General Assembly can only help the people of Virginia in very limited ways to preserve segregation and uphold the principle of State’ Rights. One of these means involves the use of the s state police powers in the hands of the Governor. The other involves constitutional changes which would permit the State to close schools that are integrated. It is apparent, I believe, to every member of the Perrow Commission that Virginia can take no action to preserve segregation without sub stantially altering Article 9 of the Constitution. There are those who believe that this i not the time to propose such a referendum, and the s Commission indicated that result when i voted 22-16 against submitting t this question to the people on a referendum. For m y part, I a m wholly willing to abide by that result. Certainly, no referendum should be put to the people of Virginia when there i a clear indication that the Governor s of Virginia would not support such a referendum and that a substantial number of the members of the General Assembly are unwilling to support that program at this time. The only alternative which offered a hope of segregation was a return to a massive resistance program, fully exercising the police powers of this state. The Governor of Virginia refused to exercise those powers under the Harrison-Minter Bill which was enacted prior to his inauguration and amended during the f irst session of the General Assembly under his administration. He used his office to defeat such a program when it was offered in the early part of this current special session. Quite obviously, i is useless for the General Assembly to enact any measure which would t not be enforced by an Executive who does not believe the General Assembly can give him such powers. 21 �After discarding both theories under which segregation might be maintained, the Commission considered a policy of contained integration. Once a decision was reached on the broad policy, the Commission could take no other course than to assume that i could only make integration t as difficult as possible. Even within the policy of contained integration, however, we have, in m y opinion, weakened the constitutional position of Virginia by placing our whole program on a local option basis. This makes mass integration in some areas a real possibility on the local l evel. It does, however, offer some hope of the maintenance of segregation in certain Southside Virginia counties. It offers only a slow strangulation in other areas like Alexandria, which will not give up their public schools, yet wish to offer their people some other recourse than integration. Several measures have m y wholehearted support. The f irst of these are those amendments recommended by the majority opinion to permit local appropriations, or, in the alternative, to permit a locality to withhold the local appropriations. I likewise cannot differ with the amendments dealing with surplus property. I also concur with the majority in i ts report on the teacher status and other related matters. Only the com pulsory school attendance law recommended by the Commission is ex cepted from that report, on which I will comment later. T w o other matters, however, must deserve special mention. The Pupil Placement Act recommended by the Commission carries two appeals features. The local school board will make the initial assignments here after. The individual will have the right of appeal to a State Pupil Placement Board, and from there to the State Courts. I recognize, as does the majority of the Commission, that the chances of requiring appeals to the State courts i nil; that language i merely surplusage in the b l . s s il What really concerns me, however, is the fact that the appeals board may be bypassed by the Federal courts and the decision of the local board for the purposes of the federal courts will be a final decision. The Perrow Commission has, in effect, recommended to the people of Virginia a local assignment plan, despite the fact that the Governor of Virginia and the Attorney General have time and again said that a local assignment plan is a natural conduit for integration. The tuition grant program offered by the Commission m a y be help ful and even desirable in certain areas of this state. It cannot, however, be of any real service in Alexandria. It is designed to offer a $250 grant to our people, but this sum will not be paid by the state as required under the present law. It will require approximately $177 to be appropriated by the locality and the balance of $73 by the State. Private education costs in Alexandria will not be less than $400 per person. If the grant program is to be effective, the City of Alexandria will be required to appro priate $150 in addition to the $177 which the law now requires. This $327 will place a burden on the City so heavy that i does not now seem possible. t W e must fully recognize that while the City must make these appropria tions to the extent required by law, i will likewise be required to continue t its full appropriation for public schools. The cumulative burden of both these appropriations will make i necessary to further increase taxes t locally or, in the alternative, to prevent the authorization of an effective grant program. While I dissent from the report of the Committee on scholarship grants, I do wish to thank the Committee for the two increases which they recommended above their original sum of $50 for Alexandria. The pro visions of the recommended legislation present the very best grant pro22 gram I have seen. Simply as a financial matter, the grant program will not work in the metropolitan areas. In the early part of this current special session the General Assembly repealed the compulsory school attendance law on the recommendation of the Governor, to prevent forced integration. The majority report will recommend the re-enactment of compulsory school attendance and pro vide that certain local authorities or the Superintendent m a y excuse an individual from the effects of compulsory school attendance. The com pulsory school attendance law i a criminal statute, and the wisdom of s providing that a public official m ay excuse the non-performance of what i otherwise a criminal act may well be doubted, but certain i is that s t compulsory integration will arise where the local authorities or the Super intendent fails to permit a child to withdraw when a school has been integrated. Perhaps the most unfortunate aspect of the present position of Virginia is what amounts to her abandonment of the constitutional fight which she has heretofore made on the issue of State’ Rights. There were s days when that issue sounded the battle cry for Virginia and the South. The matter of segregation or integration was of secondary importance. Undoubtedly there are those in Virginia who never believed in the con stitutional issues for which we have stood; there are others who only lent lip service to the doctrine of State’ Rights and now turn their backs s on this principle. But for those who s i l believe that we should resist tl and that we should maintain this fight on the basis of the constitutional principle involved, I find i necessary to record this dissent to the majority t report. Respectfully submitted, Ja m e s M. T h o m s o n DISSENTING R E P O R T The majority report of this Commission is in keeping with a policy of containment which is an effort legally to minimize and make more diffi cult the process of integration in our public schools. In our judgment i t affirmatively makes i legally possible for a locality to proceed with as t much integration as that particular locality desires. There is l t l con ite tained in the proposals which contemplate total segregation in the public schools of this State. W e are not willing to strive simply for containment; we are not will ing to accept a l t l or token integration. The proposals in the majority ite report contain much that m a y be found useful in a program of containment and perhaps to some extent with the appropriate constitutional changes in a program of massive resistance, although there are individual objections among us to certain portions thereof. The people of Virginia, and not the General Assembly, will ultimately have to decide how massively they wish to resist integration in our public schools. In the final analysis, the people will decide between public schools with an ever increasing degree of integration or an educational system of some other type. However, the General Assembly should do everything legally possible to make available valid educational grants and scholarships 23 �at both the local and State level; and to remove and initiate the removal of all statutory and constitutional provisions which impede such a program. W e believe that the proposals in the majority report would be materi ally strengthened and rendered considerably more effective by an amend ment to or the removal of the provisions of the Constitution of Virginia making i mandatory for the General Assembly to establish and maintain t an efficent free public school system throughout the State; and that to pursue any broader program of resistance beyond the proposals of the majority report, the removal of the constitutional restrictions i impera s tive. In Virginia the people have the power to amend our State Constitution as they m a y see ft They are not compelled to leave an open breach in i. the walls of their defense. If they be ready to revise and amend Article IX and Section 173 of our Constitution so as to leave to the General Assembly the power to adopt such legislation from time to time as in these changing times m a y be necessary to protect us, then in keeping with our own law, we can refuse to suport any integrated school and provide for educational and tuition grants without restriction. The undersigned believe that resistance short of this m ay be futile. The question i , are the people of Virginia ready to make the neces s sary amendments to the Constitution and continue a program of massive resistance? So far as we are concerned, we are ready. W e believe the people of Virginia, if these complicated issues be fully explained, will also be ready and anxious so to proceed. W e recognize, however, that unless substantial majorities in both Houses of the General Assembly together with the Administration and other political leaders of the State are ready to vigorously further such a program, w e cannot hope to obtain now the degree of unanimity among our people which so stern a course of procedure requires. It is obvious from the expressions already made by the majority on this Commission that such support i not forthcoming at this time, and s accordingly we will not further pursue the matter for the present. It i s our opinion that in the near future, sooner perhaps than many realize, the people of Virginia will demand that the General Assembly initiate this course of action and thereby enable them to remove the constitutional shackles now upon us. We, too, wish to commend the teachers in our public schools. The circumstances of the times have forced them to be the victims of un certainty and doubt as to what the future might bring. Despite this, they have kept at their task. The position stated by us in the earlier portion of this report has been designed in part to help these devoted people. For i is our view that we can shortly expect suits in the federal t courts to compel local school boards to employ Negro teachers in integrated schools. The desire of the majority of the federal courts to compel inte gration can then be expected to result in the displacement from the public school system of many white teachers. To seek to avoid this, as well as the other results of integration, we have stated the above views. For the reasons above stated, we are not in agreement with the gen eral policy embraced in the majority report and must respectfully re serve the right to support any proper proposal, whether emanating from us, or any other member of the General Assembly which has for its pur pose the non-mixing of the races in our schools. Respectfully submitted, Mills E. Godwin, Jr. C. Stuart Wheatley James M. Thomson J. D. Hagood J. C. Hutcheson Russell M. Carneal J. H. Daniel Edward O. McCue, Jr. Garland Gray The majority report acknowledges the superior power of the federal courts and that no locality will be able to place the State and her sovereign power between i and the federal court. Every locality will be without t any legal weapon to prevent court-ordered integration. ! The undersigned believe that Virginia should not surrender her right to conduct her own schools and internal affairs. W e do not feel that we should yield to the reckless threat of federal judicial tyranny and power without further and more determined resistance. The General Assembly has spoken on more than one occasion, as recently as January 31, 1959, against the unwarranted usurpation of power by the Federal Courts, and w e ought now to assert our inherent rights as the free people of a sovereign State. W e must not now meekly surrender. W e should now exercise every resource at our command, and use a l the sovereign powers of Virginia, l as m a y be necessary, to resist this illegal encroachment upon our con stitutional rights which have been so flagrantly trespassed upon by the Supreme Court of the United States and certain lesser federal courts. 24 25 �r r APPENDIX Local Budget and Appropriation Bills A B I L L to a m e n d a n d reenact §§ 15-288, 15-320, 15-353, 15-370, 15-395, 15-551.3, 15-575, 15-576, 15-577, 15-58U a n d 15-585 of the C o d e of Virginia, relating to duties of the director of finance, county manager, or executive secretary in certain counties, to application of m o n e y s of cities a n d toivns, to the duties of executive secretaries for counties, an d to budgets of counties, cities, a n d towns, to provide budget shall be for informative a n d fiscal planning purposes only, to provide n o m o n e y s shall be available to be paid out for an y contemplated ex penditures unless a n d until there has first been m a d e a n annual, se m i annual, quarterly or monthly appropriation for such contemplated expenditures, to require certain estimates of financial needs be sub mitted to governing bodies, to change the time for publishing a n d holding hearings on the budget, a n d to repeal § 15-582 of the C o d e of Virginia, relating to notice of tax increase before a n y local tax levy shall be increased. Be i enacted by the General Assembly of Virginia: t 1 . That §§ 15-288, 15-320, 15-353, 15-370, 15-395, 15-551.3, 15-575, 15-576, 15-577, 15-584, and 15-585 of the Code of Virginia be amended and reenacted as follows: § 15-288.— (a) Director; general duties.— The director of finance shall be head of the department of finance and as such have charge of the administration of the financial affairs of the county, including the budget; the assessment of property for taxation; the collection of taxes, license fees and other revenues; the custody of all public funds belonging to or handled by the county; supervision of the expenditures of the county and its subdivisions; the disbursement of county funds; the purchase, storage and distribution of a l supplies, materials, equipment and con l tractual services needed by any department, office or other using agency of the county unless some other officer or employee i designated for this s purpose; the keeping and supervision of al accounts; and such other l duties as the board of county supervisors m ay by ordinance or resolution require. (b) Expenditures and accounts.— No money shall be drawn from the treasury of the county, nor shall any obligation for the expenditure of money be incurred, except in pursuance of * appropriation * resolutions. Accounts shall be kept for each item of appropriation made by the board of county supervisors. Each such account shall show in detail the appro priations made thereto, the amount drawn thereon, the unpaid obligation charged against i , and the unencumbered balance in the appropriation t account, properly chargeable, sufficient to meet the obligation entailed by contract, agreement or order. (c) Powers of commissioners of revenue.— The director of finance shall exercise a l the powers conferred and perform al the duties imposed l l by general law upon commissioners of the revenue, not inconsistent here with, and shall be subject to the obligations and penalties imposed by general law. 27 �(d) Real estate reassessments.— Every general reassessment of real estate in the county, unless some other person be designated for this pur pose by the board'of county supervisors in accordance with § 15-281 or unless the board shall create a separate department of assessments in accordance with § 15-287 shall be made by the director of finance; he shall collect and keep in his office data and devise methods and procedure to be followed in each such general reassessment that will make for uni formity in assessments throughout the county. (e) Powers of county treasurer; deposit of moneys.— The director of finance shall also exercise a l the powers conferred and perform a l the l l duties imposed by general law upon county treasurers, and shall be subject to a l the obligations and penalties imposed by general law. All moneys l received by any officer or employee of the county for or in connection with the business of the county shall be paid promptly into the hands of the director of finance; a l such money shall be promptly deposited by the l director of finance to the credit of the county in such banks or trust com panies as shall be selected by the board of county supervisors. No money shall be disbursed or paid out by the county except upon check signed by the chairman of the board of county supervisors, or such other person as m ay be designated by the board, and countersigned by the director of the department of finance. The board may designate one or more banks or trust companies as a receiving or collecting agency or agencies under the direction of the de partment of finance. All funds so collected or received shall be deposited to the credit of the county in such banks or trust companies as shall be selected by the board. Every bank or trust company serving as a depository or as a re ceiving or collecting agency for county funds shall be required by the board of county supervisors to give adequate security therefor and to meet such requirements as to interest thereon as the board m a y by ordi nance or resolution establish. All interest or money so deposited shall accrue to the benefit of the county. (f) Claims against counties; accounts.— The director of finance shall audit all claims against the county for goods or services; i shall also be t his duty to ascertain that such claims are in accordance with the pur chase orders or contracts of employment from which same arise;to present such claims to the board of county supervisors for approval after such audit; to draw a l checks in settlement of such claims after approval by l the board of county supervisors; to keep a record of the revenues and ex penditures of the county; to keep such accounts and records of the affairs of the county as shall be prescribed by the Auditor of Public Accounts; and at the end of each month to prepare and submit to the board of county supervisors statements showing the progress and status of the affairs of the county in such form as shall be agreed upon by the Auditor of Public Accounts and the board of county supervisors. (g) Director as purchasing agent.— The director of finance shall act as purchasing agent for the county, unless the board of county supervisors shall designate some other officer or employee for such purpose. The director of finance or the person designated as purchasing agent shall make all purchases, subject to such exceptions as m a y be allowed by the board of county supervisors, for the county in such manner as may be provided by resolution of the board. He shall have authority to make transfers of supplies, materials and equipment between departments and offices, to sell any surplus supplies, materials or equipment and to make such other sales as m a y be authorized by the board of county supervisors. 28 H e shall also have power, with the approval of the board of county super visors, to establish suitable specifications or standards for all supplies, materials and equipment to be purchased for the county and to inspect a l deliveries to determine their compliance with such specifications and l standards. He shall have charge of such storerooms and warehouses of the county as the board of county supervisors may provide. All purchases and sales shall be made under such rules and regulations as the board of county supervisors may by ordinance or resolution estab lish. Subject to such exceptions as the board may provide, he shall before making any purchase or sale invite competitive bidding under such rules and regulations as the board may by ordinance or resolution establish. He shall not furnish any supplies, materials, equipment or contractual services to any department or office except upon receipt of a properly approved requisition and unless there be an unencumbered appropriation balance sufficient to pay for the same. (h) Other duties.— He shall perform such other duties as may be imposed upon him by the board of county supervisors. (i Assistants.— The director m a y have such deputies or assistants in ) the performance of his duties as may be allowed by the board of county supervisors. (j) Approval of chief assessing officer.— Before the appointment of the chief assessing officer of the county, whether he be the director of finance, a deputy or supervisor of assessments in the department of finance or the head of the department of assessments, shall become effective, i t shall be approved by the State Tax Commissioner and such officer shall be subject to the obligations and penalties imposed by general law upon commissioners of the revenue. § 15-320.— (a) Director; general duties.— The director of finance shall be the head of the department of finance and as such have charge of the administration of the financial affairs of the county, including the budget; the assessment of property for taxation; the collection of taxes, license fees and other revenues; the custody of a l public funds belonging l to or handled by the county; supervision of the expenditures of the county and its subdivisions; the disbursement of county funds; the pur chase, storage and distribution of a l supplies, materials, equipment and l contractual service needed by any department, office or other using agency of the county unless some other officer or employee is designated for this purpose; the keeping and supervision of al accounts; and such other l duties as the board of county supervisors may by ordinance or resolu tion require. (b) Expenditures and accounts.— No money shall be drawn from the treasury of the county, nor shall any obligation for the expenditure of money be incurred except in pursuance of * appropriation * resolutions. Accounts shall be kept for each item of appropriation made by the board of county supervisors. Each such account shall show in detail the appro priations made thereto, the unpaid obligations charged against i , and the t unencumbered balance in the appropriation account, properly chargeable, sufficient to meet the obligation entailed by contract, agreement or order. (c) Powers of commissioners of revenue.— The director of finance shall exercise a l the powers conferred and perform all the duties im l posed by general law upon commissioners of the revenue, not inconsistent herewith, and shall be subject to the obligations and penalties imposed by general law. 29 �(d) (1) Real estate reassessments.— Every general reassessment of real estate in the county, unless some other person be designated for this purpose by the county manager in accordance with § 15-314 or unless the board of county supervisors shall create a separate department of assessments in accordance with § 15-319, shall be made by the director of finance; he shall collect and keep in his office data and devise methods and procedure to be followed in each such general reassessment that will make for uniformity in assessments throughout the county. (2) In addition to any other method provided by general law or by this article or to certain classified counties, the director of finance may provide for the annual assessment and equalization of real estate and any general reassessment ordered by the board of county supervisors. The director of finance or his designated agent shall collect data, provide maps and charts, devise methods and procedures to be followed for such assess ment that will make for uniformity in assessments throughout the county. There shall be a reassessment of a l real estate at periods not to exceed l six (6) years between each reassessment. All real estate shall be assessed as of January first of each year by the director of finance or such other person designated to make such assessment and such annual assessment shall provide for the equalization of assessments of real estate, correction of errors in tax assessment records, addition of erroneously omitted properties to the tax r l s and ol, the removal of properties acquired by owners not subject to taxation. The taxes for each year on such real estate assessed shall be extended on the basis of the last assessment made prior to such year. This section shall not apply to real estate assessable under the law by the State Corporation Commission, and the director of finance or his designated agent shall not make any real estate assessments during the life of any general reassessment board. A n y reassessments made, which shall change the assessment of real estate shall not be extended for taxation until forty-five days after there is mailed a written notice to the person in whose name such property i s to be assessed at his last known address, setting forth the amount of the prior assessment and the new assessment. The board of county supervisors shall establish a continuing board of real estate review and equalization to review a l assessments made l under authority of this section and to which a l appeals by any person l aggrieved by any real estate assessment shall first apply for relief. The board so established shall consist of not less than three nor more than five members who shall be freeholders in the county. The appointment, terms of office and compensation of the members of such board shall be pre scribed by the board of county supervisors; such board shall have a l the l powers conferred upon boards of equalization by general law. All appli cations for review to such board shall be made not later than April first of the year for which extension of taxes on the assessment i to be made. s Such board shall grant a hearing to any person making application at a regular advertised meeting of the board and shall rule on a l applications l within sixty days after the date of the hearing, and shall thereafter promptly certify its action thereon to the director of finance, shall con duct hearings at such time or times as i convenient after publishing a s notice in a newspaper having general circulation in the county, ten days prior to such hearing at which any person applying for review will be heard. 30 A ny person aggrieved by any reassessment or action of the real estate board of review and equalization may apply for relief to the circuit court of the county in the manner provided by general law. (e) Powers of county treasurer; deposit of moneys.— The director of finance shall also exercise a l the powers conferred and perform al l l the duties imposed by general law upon county treasurers, and shall be subject to a the obligations and penalties imposed by general law. ll All moneys received by any officer or employee of the county for or in connection with the business of the county shall be paid promptly into the hands of the director of finance; all such money shall be promptly de posited by the director of finance to the credit of the county in such banks or trust companies as shall be selected by the board of county supervisors. No money shall be disbursed or paid out by the county except upon check signed by the chairman of the board of county supervisors, or such other person as may be designated by the board, and countersigned by the director of the department of finance. The board m a y designate one or more banks or trust companies as a receiving or collecting agency or agencies under the direction of the department of finance. All funds so collected or received shall be de posited to the credit of the county in such banks or trust companies as shall be selected by the board. Every bank or trust company serving as a depository or as a re ceiving or collecting agency for county funds shall be required by the board of county supervisors to give adequate security therefor, and to meet such requirements as to interest thereon as the board may by ordi nance or resolution establish. All interest on money so deposited shall accrue to the benefit of the county. (f) Claims against counties; accounts.— The director of finance shall audit a l claims against the county for goods or services; i shall also be l t his duty to ascertain that such claims are in accordance with the pur chase orders or contracts of employment from which same arise; to pre sent such claims to the board of county supervisors for approval after such audit; to draw all checks in settlement of such claims after approval by the board of county supervisors unless the said board otherwise pro vides pursuant to the provisions of § 15-253; to keep a record of the revenues and expenditures of the county; to keep such accounts and records of the affairs of the county as shall be prescribed by the Auditor of Public Accounts; and at the end of each month to prepare and submit to the board of county supervisors statements showing the progress and status of the affairs of the county in such form as shall be agreed upon by the Auditor of Public Accounts and the board of county supervisors. (g) Director as purchasing agent.— The director of finance shall act as purchasing agent for the county, unless the board of county supervisors shall designate some other officer or employee for such purpose. The director of finance or the person designated as purchasing agent shall make al purchases, subject to such exceptions as may be allowed by the l board of county supervisors, for the county in such manner as may be provided by resolution of the board. H e shall have authority to make transfers of supplies, materials and equipment between departments and officers, to s l any surplus supplies, materials or equipment and to make el such other sales as may be authorized by the board of county supervisors. H e shall also have power, with the approval of the board of county supervisors, to establish suitable specifications or standards for al sup l plies, materials and equipment to be purchased for the county and to in31 �spect al deliveries to determine their compliance with such specifications l and standards. H e shall further have the power, with the approval of the board of county supervisors, to s l supplies, materials, and equipment to el volunteer rescue squads and firefighting companies at the same cost as the cost of such supplies, materials and equipment to the county. He shall have charge of such storerooms and warehouses of the county as the board of county supervisors m ay provide. All purchases and sales shall be made under such rules and regulations as the board of county supervisors may by ordinance or resolution estab l ish. Subject to such exceptions as the board may provide, he shall before making any purchase or sale invite competitive bidding under such rules and regulations as the board may by ordinance or resolution establish. He shall not furnish any supplies, materials, equipment or contractual services to any department or office except upon receipt of a properly ap proved requisition and unless there be an unencumbered appropriation balance sufficient to pay for the same. (h) Other duties.— He shall perform such other duties as may be imposed upon him by the board of county supervisors. (i) Assistants.— The director m a y have such deputies or assistants in the performance of his duties as m a y be allowed by the board of county supervisors. (j) Approval of chief assessing officer.— Before the appointment of the chief assessing officer of the county (whether he be the director of finance, a deputy or supervisor of assessments in the department of finance or the head of the department of assessments) shall become effec tive, i shall be approved by the State Tax Commissioner and such officer t shall be subject to the obligations and penalties imposed by general law upon commissioners of the revenue. § 15-353.— In addition to such other duties as are or m a y be pre scribed by law or directed by the board, the county manager in counties having a population of five hundred or more per square mile shall each year on or before * April fifteenth prepare and submit to the board a tentative budget for informative a n d fiscal planning purposes only pre pared in accordance with the provisions of law in effect governing the preparation of the county budget and showing in detail the recommen dations of the county manager for expenditures on each road and bridge or for other purposes. * The county manager shall be the executive and administrative officer of the county in a l matters relating to the public roads and bridges of l the county, and other public works and business of the county, except public schools, and shall have general supervision and charge of a l con l struction and maintenance of the public roads, bridges and landings of the county, and all public works and business of the county, except public schools, and the purchase of a l supplies, equipment and materials for the l roads, bridges and landings and other public works and business of the county, and the employment of a l superintendents, foremen and labor l therefor; provided, however, that the county board may, by ordinance, prescribe rules and regulations for the purchase of a l supplies, equip l ment and materials for the roads, bridges and landings and other public works and business of the county. The county manager shall keep the board advised as to the financial condition of the county, and at each regular meeting of the board he shall present to the board an itemized statement of a l expenditures made by l 32 him since his last report, and on or before July fifteenth of each year shall f l with the clerk of the board an itemized statement showing the ie amount expended on each road, bridge or for other purposes for the year preceding, ending June thirtieth. § 15-370.— (a) The board of county supervisors may by resolution designate the executive secretary as clerk of the board of county super visors. In such case and upon the qualification of the executive secretary authorized by this article the county clerk of such county shall be relieved of his duties in connection with the board of county supervisors and a l l of his duties shall be imposed upon and performed by the executive sec retary. If the board of county supervisors does not designate the execu tive secretary as clerk, the county clerk or one of his deputies shall at tend the meetings of said board and record in a book provided for the purpose al of the proceedings of the board, but he shall not be authorized l and required to sign the warrants of the board, if any, such authority being hereby vested in the executive secretary; provided, however, the board of county supervisors m ay by resolution of record require the county clerk to sign a warrants of the board of county supervisors. ll (b) He shall, in so far as he shall be required by the board of county supervisors, be responsible to the board for the proper administration of a l affairs of the county which the board has authority to control. He l shall keep the board advised as to the financial condition of the county and shall submit to the board monthly, and at such other times as m ay be required, reports concerning the administrative affairs of the county. (c) The executive secretary shall, i required by the board of county f supervisors, examine regularly the books and papers of each department, officer and agency of the county and report to the board the condition in which he finds them and such other information as the board m a y direct. (d) He shall from time to time submit to the board such recommenda tions concerning the affairs of the county and its departments, officers and agencies as he shall deem proper. (e) Under the direction of the board of county supervisors, the ex ecutive secretary for informative a n d fiscal planning purposes only shall *prepare and submit to the board a proposed annual budget for the coun t y. *The board of county supervisors may, however, direct that the coun ty budget be prepared by the county clerk. (f) He shall audit a l claims against the county for services, materials l and equipment for such county agencies and departments as the board of county supervisors may direct, except those required to be received and audited by the county school board, and shall present the same to the board of county supervisors together with his recommendation and such information as shall be necessary to enable the board to act with reference to such claims. (g) In case the board of county supervisors shall by resolution of record designate the executive secretary as clerk of the board of county supervisors, such executive secretary shall have the following powers, authority and duties: (1) All the powers, authority and duties vested in the county clerk as clerk of the board of supervisors, under general law; (2) To pay, with his warrant, a l claims against the county charge l able against any fund under the control of the board of county supervisors, other than the general county fund, when such expenditure is authorized and approved by the officer and/or employee authorized to procure the services, supplies, materials or equipment accountable for such claims, 33 �and after auditing the same as to its authority and correctness; to pay with his warrant a l claims against the county chargeable against the gen l eral county fund where the claim arose out of purchase made by the ex ecutive secretary or for contractual services by him authorized and con tracted within the power and authority given him by the board of county supervisors by resolution; (3) H e shall pay with his warrant a l claims l against the county authorized to be paid by the board of county super visors. § 15-395. All moneys collected or received for any city or town shall be applied as the council thereof may direct by duly approved appropricvtion resolutions; and the council and the clerk of the circuit and corpora tion courts shall cause to be made out quarterly an itemized statement of all accounts authorized to be paid by the council and by the judge of the circuit and corporation court and cause the same to be posted at the front door of the courthouse or other public place in the city or town and also to be published in such newspaper as the council m a y direct. § 15-551.3. Powers and duties.— The executive secretary shall be clerk to the governing body. It shall be his general duty: (1) To record in a book to be provided for that purpose all of the proceedings of the governing body. (2) To make regular entries of a l the governing body’ resolutions l s and decisions on all questions concerning the raising of money; and with in five days after any order for a levy is made, to deliver a copy thereof to the commissioner of the revenue of his county. (3) To record the vote of each supervisor on any question submitted to the governing body, if required by any member present. (4) To sign a l warrants issued by the governing body for the pay l ment of money, and to record, in a book provided for that purpose, the re ports of the county treasurer of his receipts and disbursements. (5) To preserve and f l a l accounts and papers acted upon by the ie l governing body with it action thereon. s (6) To make recommendations to the governing body concerning any office or department of the county government or employee under the con trol and supervision of the governing body. (7) To attend to the execution of and enforce a l lawful resolutions l and orders of the governing body concerning any department, office or employee in the county government, and shall see that a laws of the ll State required to be enforced through the governing body or any county officer or employee subject to the control of the governing body are faith fully executed, and to make report to the governing body how such orders, resolutions and laws have been executed. (8) To confer with any person concerning the affairs of the county government and to make report to the governing body of a l such matters l whereon i should take action. t (9) To make monthly reports to the governing body in regard to matters of administration, and keep i fully advised as to the financial t condition of the county. (10) He for informative a n d fiscal planning purposes only shall pre pare and submit to the governing body, in accordance with general law, *a budget. 34 I (11) To audit a l claims of every character or nature against the l county, except those required to be received and audited by the county school board, to ascertain that such claims are in accordance with the purchase orders or contracts of employment or in accordance with the law from which same arise; to present such claims to the governing body for approval and allowance, after such audit; to draw al warrants in l settlement of such claims after approval and allowance by the governing body. However, he shall pay, with his warrant, al lawful claims out of l the appropriations from the various funds, such as routine or standard charges for which such funds were set up, upon the approval of the de partment head who is charged with expenditure of such fund, in the m a n ner hereinafter authorized; to keep a record of the revenues and expend itures of the county; to keep such accounts and records of the affairs of the county as shall be prescribed by the governing body; and monthly to prepare and submit to the governing body statements showing the progress and status of the affairs of the county in such form as shall be specified by the governing body. (12) To act as purchasing agent for the county; to make all pur chases for the county subject to such exception as may be allowed by the governing body. He shall have authority to make transfer of supplies, materials and equipment between departments and officers, and em ployees ; to s l any surplus supplies, materials and equipment and to make el such other sales as m ay be authorized by the governing body. He shall ' have power, with consent of the governing body, to establish suitable specifications or standards for a l supplies, materials and equipment to l be purchased for the county, and to inspect a l deliveries to determine l their compliance with such specifications and standards, and if such de liveries are not in accordance with such specifications and standards i t shall be his duty and he i empowered to reject the same. He shall have s charge of such storerooms and warehouses of the county as the governing body may provide. He shall have the care and charge of al public build l ings and the furnishings and fixtures therein under the control of the governing body. All purchases and sales shall be made under such rules and regulations as the governing body m ay by ordinance or resolution establish. Subject to such exception as the governing body m ay provide, he shall before making any purchase or sale invite competitive bidding under such rules and regulations as the governing body may by ordinance or resolution establish. He shall not furnish any supplies, materials, equipment or contractual services to any department or office or employee, except upon receipt of a properly approved requisition and unless there be an unen cumbered balance sufficient to pay the same. (13) To pay, with his warrant, a l claims against the county charge l able against any fund under the control of the governing body other than the general county fund, when such expenditure is authorized and ap proved by the officer and/or employee authorized to procure the services, supplies, materials or equipment accountable for such claims, and after auditing the same as to i authority and correctness; to pay, with his ts warrant, a l claims against the county chargeable against the general l county fund where the claim arose out of purchase made by the executive secretary or for contractual services by him authorized and contracted within the power and authority given him by the governing body by resolution. Whenever any such payment is made the executive secretary shall make report of the same in such form as may be prescribed by the governing body. 35 �(14) To perform such other duties as m a y be imposed upon him by the governing body. circulation in the locality affected, and notice given of one or more public hearings, at least * seven days prior to the date set for hearing, at which any citizen of the locality shall have the right to attend and state his views thereon. The board of supervisors of any county not having a newspaper of general circulation ma y in lieu of the foregoing notice provide for notice by written or printed handbills, posted at such places as i m ay t direct * T h e hearing shall be held at least seven days prior to the begin . (15) To perform a l such duties as may be required of him by the l governing body within the terms of the preceding fourteen subsections of this section as may be evidenced by a resolution of the governing body made of record. (16) To perform a l duties imposed by law upon the county clerk as l clerk of the governing body;a l duties imposed upon the county purchasing l agent, and a l duties imposed upon the “local delinquent tax collector” l provided for in §§ 58-990 and 58-991 of the Code, i such governing body f so require of him, in which event he shall have a l the powers and duties l imposed by that section. ning of the fiscal year; provided that the governing body m a y recess or adjou'rn f r o m da y to day or time to time during such hearing. T h e fact of such notice a n d hearing shall be entered of record in the minute book. The * contemplated expenditure for * all purposes as contained in * the budget prepared under §§ 15-575 and 15-576 and published under this section shall be * for informative a n d fiscal planning purposes only an d shall not be d e e m e d to be a n appropriation. N o m o n e y shall be paid, out or become available to be paid out for a n y contemplated expenditure u n less a n d until there has first been m a d e a n annual, semiannual, quarterly or monthly appropriation for such contemplated expenditure by the board, council or other governing body. (17) H e shall not approve, d r a w or permit to he paid a n y warrant d r a w n for a n y purpose unless there has been a n appropriation of funds by the board of supervisors for that purpose, a n y other provision of this Article to the contrary notivithstanding. § 15-575.— All officers a n d heads of departments, officers, divisions, boards, commissions, a n d agencies of every county, city, a n d t o w n shall, o n or before the first d ay of M a y , 1959, a n d on or before the first da y of April of each year thereafter, prepare a n d submit to the board of super visors or council an estimate of the a m o u n t of m o n e y d e e m e d to be needed during the ensuing fiscal year for his department, office, division, board, commission, or agency; provided, that in a n y locality w h e r e the fiscal year begins on s o m e date other than the first d a y of July, the estimate shall be submitted at least three m o n t h s prior to the beginning of the fiscal year. If such person does not submit a n estimate in accordance with this section, the clerk of the board of supervisors or council or other designated person or persons shall prepare a n d submit a n estimate for that department, office, division, board, commission or agency . * The board of supervisors of the counties and the councils of the cities and towns shall prepare a budget for informative a n d fiscal planning purposes only, containing a complete itemized and classified plan of a l * contem l plated expenditures and a l estimated revenues and borrowings for the l locality or any subdivision thereof for the ensuing * fiscal year, which shall begin for each county on the first day of July of each year or at such other date as m a y be provided by law for the beginning of the *fiscal year. § 15-576.— Opposite each item of the * contemplated expenditures the budget shall show in separate parallel columns the aggregate amount appropriated * during the preceding * fiscal year, the amount expended during that year, the aggregate amount appropriated * a n d expected to be appropriated during the current fiscal year, and the increases or de creases in the * contemplated expenditures for the ensuing year as com pared with the * aggregate a m o u n t appropriated or expected to be appro priated for the current year. This budget shall be accompanied b y : (1) A statement of the contemplated revenue and disbursements, liabilities, reserves and surplus or deficit of the county, city or town as of the date of the preparation of the budget. (2) A n itemized and complete financial balance sheet for the locality at the close of the last preceding * fiscal year. § 15-577.— F o r informative a n d fiscal planning purposes only a brief synopsis of the budget shall be published in a newspaper having general 36 I § 15-579.— * The Director of the Division of the B u d g e t shall pre scribe and furnish for the boards of supervisors * forms and classifications * to aid in the preparation of county budgets. § 15-584.— * T h e governing body of any county having a special budget law m a y * elect to comply with the provisions of this chapter rather than those of the special budget law for that county. § 15-585.— * T h e Council of any city or town whose charter contains provisions for a budget * m a y elect to comply with the provisions of this chapter rather than those contained in the charter. 2 . That § 15-582 of the Code of Virginia is repealed. 3 . A n emergency exists and this Act is in effect from its passage. A B I L L to a m e n d a n d reenact §§ 22-55, 22-60 as amended, 22-72 as amended, 22-73, 22-78, 22-97 as amended, 22-121f, 22-126 as amended, 22-127 as amended, 22-128 as amended, 22-130, 22-132, 22-133 a n d 22-1 ^1 as amended, of the C o d e of Virginia, relating to m a n a g e m e n t a n d control of funds m a d e available to school boards, auditing a n d ap proving claims a n d issuing ivarrants by school boards, levies a n d ap propriations for school purposes, including capital expenditures, indebt edness, a n d rents, custody a n d disbursement of local school funds, a n d t o w n school districts’ share of county school funds, to provide claims against, ivarrants issued by, an d disbursements on behalf of the school board of a county, city, or t o w n shall only be payable out of funds m a d e available to the school board, to provide for the appropri ation of funds for public school a n d for educational purposes, annually, semiannually, quarterly, or monthly, wh i c h shall not be decreased in a n appropriation period except under certain conditions, the levying of taxes for public school purposes by counties, cities, a n d towns, in cluding for capital expenditures, indebtednesses, a n d rents; to a d d to the C o d e of Virginia n e w Sections n u m b e r e d 22-120.3, 22-120.U, a n d 22-120.5 to provide the superintendent shall prepare a n d submit with the approval of the school board a n estimate of the a m o u n t of m o n e y 37 �d e e m e d to be needed for public schools a n d in the alternative a n esti m a t e of the m o n e y d e e m e d to be needed for educational purposes, the inclusion of such estimates in the county budget for informative a n d fiscal planning purposes only, the request for funds for public schools a n d for educational purposes; to repeal §§ 22-121, 22-122, 22-123, 22125, 22-127.1, 22-129, 22-131, 22-139, a n d 22-139.1 of the C o d e of Vir ginia, a n d all a m e n d m e n t s thereof, relating to budgets, estimates, a n d requests for funds needed for school purposes, to referendum in a county, city, or toiun in event the governing body refuses to lay such levy or m a k e such appropriation as is requested by the division superintendent, the cessation of expenditures o n local school funds on direction of the governing body, t o w n levies for school purposes, assessment of taxes for public school purposes, apportionment of state school funds, an d additional funds for school purposes f r o m local school taxes. Be i enacted by the General Assembly of Virginia: t 1 . That §§ 22-55, 22-60 as amended, 22-72 as amended, 22-73, 22-78, 22-97 as amended, 22-124, 22-126 as amended, 22-127 as amended, 22-128 as amended, 22-132, 22-133, and 22-141 as amended, of the Code of Virginia, be amended and reenacted, and §§ 22-120.3, 22-120.4, and 22-120.5 be added to the Code as follows: § 22-55.— The school board of any county, city or town, or any two or more of such school boards acting in conjunction, m a y establish and operate or cause to be established and operated, for the benefit of children of school age, vacation schools or camps for the advancement of education, physical training, health, nutrition, the prevention of communicable dis eases, or for any other purpose deemed by such board or boards beneficial to children of school age requiring special training or attention or which will promote the efficiency of their respective school systems. Such school board or boards may provide and appropriate such sum or sums as may be reasonable and requisite for such purposes; or may appropriate such sum or sums and permit the proper use of any school property, under reasonable safeguards, toward the establishment and operation of such vacation school or camp conducted under the auspices and supervision of any other governmental agency approved by such school board or boards, for the benefit of children of school age within the jurisdiction of such board or boards; provided, such * activity shall have been included in the * estimate of m o n e y d e e m e d to be needed for public schools for the year in which such appropriation m a y be made, and provided, further, that the establishment and operation of such school or camp shall be approved, as to conditions affecting sanitation and safety, by the health authorities having jurisdiction of the area in which such vacation school or camp i s located and conducted. § 22-72.— The school board shall have the following powers and duties: (1) Enforcement of school laws.— To see that the school laws are properly explained, enforced and observed. (2) Rules for conduct and discipline.— To make local regulations for the conduct of the schools and for the proper discipline of the students, which shall include their conduct going to and returning from school, but such local rules and regulations shall be in harmony with the general rules of the State Board and the statutes of this State. (3) Information as to conduct.— To secure, by visitation or otherwise, as full information as possible about the conduct of the schools. (4) Conducting according to law.— To take care that they are con ducted according to law and with the utmost efficiency. (5) Payment of teachers and officers.— To provide for the payment of teachers and other officers on the first of each month, or as soon there after as possible. (6) School buildings and equipment.— To provide for the erecting, furnishing, and equipping of necessary school buildings and appurtenances and the maintenance thereof. (6a) Insurance.— To provide for the necessary insurance on school properties against loss by fire or against such other losses as deemed necessaiy. (7) Drinking water.— To provide for a l public schools an adequate l and safe supply of drinking water and see that the same is periodically tested and approved by or under the direction of the State Board of Health, either on the premises or from specimens sent to such board. (8) Textbooks for indigent children.— To provide such textbooks as m ay be necessary for indigent children attending public schools. (9) Costs and expenses.— In general, to incur costs and expenses, but only the costs and expenses of such items as are provided for in it *estis mates submitted to the tax levying body without the consent of the tax levying body. (10) Consolidation of schools.— To provide for the consolidation of schools whenever such procedure will contribute to the efficiency of the school system. (11) Other duties.— To perform such other duties as shall be pre scribed by the State Board or as are imposed by law. § 22-73.— The school board shall receive and audit all claims arising from commitments made pursuant to the provisions of §§ 22-71 to 22-78 and by resolution or recorded vote, to approve and issue warrants on the county treasurer payable out of funds m a d e available to the school board for public schools in settlement of those of such claims *as are found to be valid. § 22-60.— In each county there shall be a board, to be known as the school trustee electoral board, which shall be composed of three resident qualified voters, who are not county or State officers, to be appointed by the circuit court of each county, or the judge in vacation, within thirty days after the first day of July, nineteen hundred and fifty and every four years thereafter. The members of the trustee electoral board shall each receive a per diem of ten dollars for each day actually employed, to be paid out of the * funds m a d e available to the school board. Any vacancy occurring within the terms of the appointees shall be f l e by the circuit ild court, or by the judge in vacation, within thirty days thereafter. No person employed by, or paid from, public school funds in whole or in part shall be eligible to serve on such trustee electoral board. pensation, when such compensation has been earned and is due, for (1) a employees and school bus operators under written contract, and (2) ll upon receipt of certified time sheets or other evidence of service per formed, the payment of a l other employees whose rates of pay have l been established by the school board or its properly delegated agent, and 38 39 I § 22-78.— The school board may provide, by resolution, for the drawing of special warrants on the county treasurer, payable out of the * funds m a d e available to the school board for public schools in payment of com �(3) for payment on contracts for school construction projects according to the terms of such contracts. All such special warrants so authorized shall be signed by the clerk or deputy clerk of the school board and counter signed by the division superintendent of schools or the chairman or vice chairman of the school board, provided, however, that when the division superintendent and clerk is one and the same person such special warrants shall be countersigned by such chairman or vice chairman. A n y special warrant m a y be converted to a negotiable check in the manner provided in § 22-76. Such payrolls and contracts so paid shall be reviewed and approved by the school board at its next regular meeting. § 22-97. The city school board shall have the following powers and duties: (1) Rules and regulations.— To explain, enforce, and observe the school laws, and to make rules for the government of the schools, and for regulating the conduct of pupils going to and returning therefrom. (2) Method of teaching and government employed.— To determine the studies to be pursued, the methods of teaching, the government to be employed in the schools, and the length of the school term. (3) Employment and control of teachers.— To employ teachers on recommendation of the division superintendent and to dismiss them when delinquent, inefficient or in anywise unworthy of the position; provided, that no school board shall employ or pay any teacher from the public funds unless the teacher shall hold a certificate in full force, according to the provisions of §§ 22-203 to 22-206. It shall also be unlawful for the school board of any city, or any town constituting a separate school district, to employ or pay any teacher or other school employee related by con sanguinity or affinity as provided in § 22-206. The exceptions and other provisions of that section shall apply to this section. (4) Suspension or expulsion of pupils.— To suspend or expel pupils when the prosperity and efficiency of the school make i necessary. t (5) Free textbooks.— To decide what children, wishing to enter the schools of the city, are entitled by reason of poverty of their parents or guardians to receive textbooks free of charge, and to provide for supply ing them accordingly. (6) Establishment of high and normal schools.— To establish high and normal schools and such other schools as may, in i judgment, be ts necessary to the completeness and efficiency of the school system. (7) Census.— To see that the census of children required by § 22-223 is taken within the proper time and in the proper manner. (8) Meetings of board.— To hold regular meetings and to prescribe when and how special meetings m a y be called. means at its disposal. N o schoolhouse shall be contracted for or erected until the plans therefor shall have been submitted to and approved in writ ing by the division superintendent of schools, and no public school shall be allowed in any building which is not in such condition and provided with such conveniences as are required by a due regard for decency and health; and when a schoolhouse appears to the division superintendent of schools to be unfit for occupancy, i shall be his duty to condemn the t same, and immediately to give notice thereof, in writing, to the chairman of the school board, and thenceforth no public school shall be held therein, nor shall any part of the State or city fund be applied to support any school in such house until the division superintendent shall certify, in writing, to the city school board that he is satisfied with the condition of such building, and with the appliances pertaining thereto. (11) Visiting schools.— To visit the public free schools within the city, from time to time, and to take care that they are conducted accord ing to law, and with the utmost efficiency. (12) Management and control of * funds.— To manage and control the * funds of the city m a d e available to the school board for public schools, to provide for the pay of teachers and of the clerk of the board, for the cost of providing schoolhouses and the appurtenances thereto and the repairs thereof, for school furniture and appliances, for necessary text books for indigent children attending the public free schools, and for any other expenses attending the administration of the public free school system, so far as the same is under the control or at the charge of the school officers. (13) Approval and payment of claims.— To examine al claims l against the school board, and when approved, to order or authorize the payment thereof. A record of such approval, order or authorization shall be made in the proceedings of the board. Payment of each claim shall be ordered or authorized by a warrant drawn on the treasurer or other officer of the city charged by law with the responsibility for the receipt, custody and disbursement of the funds m a d e available to the school board of such city. The warrant shall be signed by the chairman or vice chairman of the board and countersigned by the clerk or deputy clerk thereof, payable to the person or persons, firm or corporation entitled to receive such pay ment. There shall be stated on the face of the warrant the purpose or service for which such payment i drawn and also that such warrant i s s drawn pursuant to an order entered or authority granted by the board on the ........... day of ........... The warrant m ay be converted into a negotiable check when the name of the bank upon which the funds stated in the warrant are drawn or by which the check is to be paid i s designated upon i s face and is signed by the treasurer, deputy treasurer t or other officer of the city charged by law with the responsibility for the receipt, custody and disbursement of the funds of the city. (10) School houses and property.— To provide suitable schoolhouses, with proper furniture and appliances, and to care for, manage, and con trol the school property of the city. For these purposes i m a y lease, pur t chase, or build such houses according to the exigencies of the city and the The board may, in i discretion, appoint an agent and a deputy ts agent to act for the agent in his absence or inability to perform this duty by resolution spread upon the record of its proceedings to examine and approve such claims and, when approved by him or his deputy to order or authorize the payment thereof. A record of such approval, order or authorization shall be made and kept with the records of the board. Pay ment of each such claim so examined and approved by such agent or his deputy shall be ordered or authorized by a warrant drawn on the treasurer or other officer of the city charged by law with the responsibility for the receipt, custody, and disbursement of the funds m a d e available to the 40 41 (9) Meetings of people.— To call meetings of the people of the city for consultation in regard to the school interests thereof, at which meet ings the chairman or some other member of the board shall preside i f present. �school hoard of the city. The warrant shall be signed by such agent or his deputy and countersigned by the clerk or deputy clerk of the board, pay able to the person or persons, firm or corporation entitled to receive such payments; provided, however, that when the agent appointed by the board is the division superintendent of schools and the division super intendent and clerk is one and the same person, all such warrants shall be countersigned by the chairman or vice chairman of the board; provided further that when the deputy agent and deputy clerk is one and the same person the warrant shall be countersigned by either the clerk or the agent of the board. There shall be stated on the face of the warrant the purpose or service for which such payment is made and also that such warrant is drawn pursuant to authority delegated to such agent or his deputy by the board on the....... day o f .......... The warrant may be converted into a negotiable check in the same manner as i prescribed s herein for warrants ordered or authorized to be drawn by the school board. The board shall require such agent and his deputy to furnish the city a corporate surety bond conditioned upon the faithful performance and discharge of the duties herein assigned to each such offi i l The ca. board shall fix the amount of such bond or bonds and the premium there for shall be paid out of the * funds m a d e available to the school board of such city. (14) Report of expenditures and estimate of necessary funds.— I t shall be the duty of the school board of every city, once in each year, and oftener if deemed necessary, to submit to the council, in writing, a classi fied report of a l expenditures and a classified estimate of * funds * l d e e m e d to be needed for the proper maintenance and growth of the pubhc schools of the city, and to request the council to make provisions by appro priation or levy pursuant to § 22-126, for the same. (15) Other duties prescribed by State Board.— To perform such other duties as shall be prescribed by the State Board or are imposed by other parts of this t t e il. (16) Acquisition of land.— City school boards shall, in general, have the same power in relation to the condemnation or purchase of land and to the vesting of title thereof, and also in relation to the t itle to and m a n agement of property of any kind applicable to school purposes, whether heretofore or hereafter set apart therefor, and however set apart, whether by gift, grant, devise, or any other conveyance and from whatever source, as county school boards have in the counties, and in addition thereto, they shall have the further right and power to condemn not in excess of fifteen acres of land for any one school when necessary for school purposes, ex cept that when dwellings or yards are invaded no more than five acres m a y be condemned for any one school. m o n e y d e e m e d to be needed for educational purposes for the county, city, or town. § 22-120.U. O n the basis of the two estimates, the division super — intendent of schools shall request the governing body of the county, city, or t o w n to fix such levy, or m a k e such appropriations as will provide a n a m o u n t of m o n e y d e e m e d t o be needed for the operation of the public , schools, or ivill provide a n a m o u n t of m o n e y d e e m e d to be needed for the educational purposes of such county, city, or town. § 22-120.5.— T h e board of supervisors shall include in the county budget, prepared for informative a n d fiscal planning purposes only, a n estimate of the a m o u n t of m o n e y d e e m e d by the school board to be needed for the public schools of the county, or in the alternative, a n estimate of the funds d e e m e d by the school board to be needed for educational pur poses. T h e board of supervisors ma y , in its discretion, include a n d p u b lish in the county budget both alternative estimates. T h e tivo estimates so prepared shall be submitted to a n d approved by the school board prior to submission to the tax levying body. T h e estimate of the a m o u n t of m o n e y d e e m e d to be needed for support of public schools shall set u p the a m o u n t of m o n e y d e e m e d to be needed for overhead charges, for instruc tion, for operation, for maintenance, for a reserve f u n d to purchase n e w school buses to replace obsolete or w o r n out equipment, for auxiliary agen cies, for miscellaneous, a n d for p e rmanent capitalization a n d such other headings or items as m a y be necessary. T h e estimate so m a d e shall clearly s h o w all necessary details in order that the governing body a n d the tax payers of the county, or of the city, or t o w n m a y be well informed as to every item of the estimate. T h e alternative estimate of the a m o u n t of m o n e y d e e m e d to be needed for educational purposes shall s h o w the n u m b e r of children w h o reside in the county, city, or t o w n between the ages of six a n d twenty years multiplied by the expected average cost per child to the county, city, or t o w n a n d a s u m sufficient for debt service. § 22-124. *The governing body of the county or the city *shall not decrease at any time *in a n appropriation period, w hether such appropria tion period be a year, a half-year, a quarter, or a month, the amount ap propriated by such governing body for schools for such *appropriation period, except by the same percentage of reduction as al other appropria l tions for such appropriation period are reduced, but this provision shall not apply to fixed obligations, and the interest thereon, created by bond issues or by written contracts calling for regular or installment payments. § 22-126.— Each county, *city, an d t o w n if the toivn be a separate school district, is authorized to raise sums of money by a tax on a l prop l § 22-120.3j It shall be the duty of the division superintendent of — schools, o n or before the first day of M a y , 1959, a n d on or before the first da y of April of each year thereafter, to prepare, with the advice of the school board, a n d submit to the governing body of the county, city, or town, if the t o w n be a separate school district, two estimates. T h e first estimate shall s h o w the a m o u n t of m o n e y d e e m e d to be needed during the next scholastic year, for the support of the public schools of the county, city, or town. T h e second estimate shall show, in the alternative, the a m o u n t of erty, subject to local taxation, at such rate as m a y be deemed sufficient, but in no event more than three dollars on the one hundred dollars of the assessed value of the property in any one year to be expended by the local school authorities in establishing, maintaining and operating such schools as in their judgment the public welfare requires and in payment of *scholarships for the furtherance of elementary or secondary education and transportation costs as required or authorized by law; provided that in counties with a population of more than six thousand four hundred but less than six thousand five hundred, such rate may be increased to four dollars on the one hundred dollars of the assessed value of the proper ty therein in any one year; and provided further that in counties having a population of more than thirty-seven thousand but less than thirty-nine thousand such rate may be increased to four dollars on the one hundred dollars of the assessed value of the property therein in any one year. 42 43 (17) Consolidation of schools.— To provide for the consolidation of schools whenever such procedure will contribute to the efficiency of the school system. �§ 22-127. *The governing body of any county, *city, or toivn if the t o w n he a separate school district, may, in its discretion, make a cash ap propriation, *either annually, semi-annually, quarterly, or monthly, from the funds derived from the general county, *city, or toivn levy *and from any other funds available, of such sums as in its judgment may be neces sary or expedient for the establishment, maintenance and operation of *public schools, *and/or for educational purposes. § 22-128. For capital expenditures and for the payment of indebted ness or rent, the governing body of any county, city * or t o w n if the toivn he a separate school district, m a y levy a special county tax, a special district tax, or a special city tax, or a special toivn tax, as the case m a y be, on al l property subject to local taxation, such levy or levies to be at such rate or rates as the governing body levying the tax m a y deem necessary for the purpose or purposes for which levied, except that where the tax i for s raising funds for capital expenditures the rate shall not be more than two dollars and fifty cents on the one hundred dollars of the assessed value of the property in any one year;provided that there m a y be exempted f r o m such taxes for debt service on Literary F u n d L o a n or other loan for capital outlay, property located in a special t o w n school distinct wh i c h levies its o w n taxes for debt service a n d capital outlay. § 22-130.— Nothing contained in §§ 22-126 * through 22-128 shall be construed as raising or abrogating any m a x i m u m tax rate limit pro vided in any city charter. § 22-132.— All funds both State and local * m a d e available to the school board for * public school a nd/or educational purposes in each city shall be * recorded by the treasurer or other officer of the city charged by law with the responsibility for the receipt, custody and disbursement of the funds of the city * in an account or accounts separate and distinct from a l other funds. Such school funds shall be disbursed upon the order or l authority of the school board of the city. § 22-133.— All funds m a d e available to the school board for public school and/or educational purposes in the counties, both State and local shall be handled by the county treasurer and paid out in the same manner as other county funds are paid out by him under the provisions of § 58-951. § 22-141.— (a) Funds to be paid by county treasurer to town treas urer.— For the benefit of each town school district operated by a school board of three members, the county school board shall require the county treasurer to pay over to the town treasurer, if and when properly bonded, the following funds to be used for public school and/or educational pur poses within such special town school district: (1) From the amount derived from * a county school levy and/or ap propriations for public school and/or educational purposes, a sum equal to the pro rata amount from such levy or appropriations derived from such town. (2) The amount due from State school funds received by the county for general school purposes, to be determined as between the county and the town on the same basis of distribution used by the State in making the distribution of such school funds to the counties and c t e . iis (3) The amounts due from the county to such special town school district from special State school funds to be determined in accordance with the purposes for which the allocations are made. 44 (4) From federal funds allocated to and received by the county on the basis of federally connected pupils for operations and/or capital outlay purposes, to be apportioned between the county and the town on the same basis of distribution as used in making the allotment of such federal funds to the county and in the ratio that such federally connected pupils resid ing in the town bear to the total of such federally connected pupils residing in the county including the town and which were included in the county’ s application for such federal funds. (b) District located in adjoining counties.— Where a special town school district is located partly in each of two adjoining counties and operated by a town school board created or constituted by the charter of such town, for the benefit of such town school district, each county school board shall require each respective county treasurer to pay over to the town treasurer, if and when properly bonded, the following funds to be used for public school and/or educational purposes within such special town school district: (1) From the amount derived from * a county school levy and/or appropriations in each respective county for public school and/or educa tional purposes, a sum equal to the pro rata amount from such levy or appropriations derived from such town. (2) The amount due from State school funds received by each county for general school purposes, to be determined as between each county and the town on the same basis of distribution used by the State in making the distribution of such school funds to the counties and cities. (3) The amounts due from each county to such special town school district from special State school funds to be determined in accordance with the purposes for which the allocations are made. (c) State funds from special sources.— None of the provisions of this section shall require the county treasurer to pay over to the town treasurer of a special town school district any funds received from the State from special sources, including funds distributed to the localities from the profit realized from the operation of the State alcoholic beverage control system, when said town has received direct appropriations or allocations from the State from the same special sources. (d) Sections not amended or repealed.— None of the provisions of this section or §§ 22-42, 22-43, 22-60, 22-67 and 22-99 shall be construed to amend or repeal the provisions of §§ 15-292 and 15-324. 2 . That §§ 22-121, 22-122, 22-123, 22-125, 22-127.1, 22-129, 22-131, 22-139 and 22-139.1 of the Code of Virginia, and a l amendments thereof, l be repealed. 3 . An emergency exists and this Act is in force from its passage. A B I L L to a m e n d a n d reenact §§ 58-839 a n d 58-8UU of the C o d e of Virginia, relating to the fixing a n d m a k i n g of county, city, toivn, an d district levies by governing bodies; to provide that such levies shall be fixed or m a d e not later than a regular or called meeting in June; a n d to provide that no funds collected f r o m general levies shall be con sidered available, allocated, or expended for an y purpose until there has been a n appropnation of funds for that purpose by the governing 45 �body; a n d to a d d § 58-846.1 to the C o d e of Virginia, to provide that notice shall be given before a n y local tax levy shall be increased in an y county, city, t o w n or district. by law from the payment of the State capitation tax, and upon any prop erty therein subject to local taxation and not expressly segregated to the State for purposes of State taxation only. Be i enacted by the General Assembly of Virginia: t T h e m a k i n g of a general city or toivn levy or imposition of other taxes or the collection of such levy or taxes shall not constitute a n appro priation nor a n obligation or duty to appropriate a ny funds by the council of a n y city or toivn for an y pui'pose, expenditure, or contemplated ex penditure. T h e laying or m a k i n g of a levy in a n a m o u n t sufficient to cover or pa y all estimated an d contemplated expenditures for the fiscal year shall not be constnied as imposing a n y obligation or duty o n the council to appropriate an y a m o u n t whatsoever. N o part of the funds raised by the general city or t o w n levies or taxes shall be considered avail able, allocated, or expended for a n y purpose until there has been an a p propriation of funds for that expenditure or purpose by the council either annually, semiannually, quarterly, or monthly. There shall be no m a n datory duty u p o n the council of an y city or toivn to appropriate a n y funds raised by general city or toivn levies or taxes except to p a y the principal a n d interest o n bonds a n d other legal obligations of the city or t o w n a n d to p a y obligations of the city or t o w n or its agencies a n d departments arising un d e r contracts executed or approved by the council, unless other wise specifically provided by statute. A n y funds collected a n d not expend ed in a n y fiscal year shall be carried over to the succeeding fiscal years a n d shall be available for appropriation for a n y governmental purposes in those years. This section shall be applicable to all cities a n d towns in the State a n d the provisions of an y charter of a n y city or t o w n incon sistent or in conflict with this section shall be inoperative to the extent of such inconsistency or conflict. 1 . That §§ 58-839 and 58-844 of the Code of Virginia be amended and reenacted and that § 58-846.1 be added to the Code of Virginia as follows: § 58-839. The board of supervisors or other governing body of each county shall, at their regular meeting in the month of January in each year, or as soon thereafter as practicable not later than a regular or called meeting in * June, fix the amount of the county and district levies for the current year, shall order the levy on a l property within the county l segregated by law for local taxation, and shall order the levy on the real estate and tangible personal property of public service corporations based upon the assessment fixed by the State Corporation Commission, and certified by i to the board of supervisors or other governing body, both t with respect to location and valuation; any such governing body may provide that if any taxpayer owns tangible personal property of such small value that the local levies thereon for the year result in a tax of less than one dollar, such property may be omitted from the personal property book and no assessment made thereon. * T h e m a k i n g of a general county levy or the imposition of other taxes or the collection of such levy or taxes shall not constitute a n appropriation nor a n obligation or duty to appropriate a n y funds by the board of super visors or other governing body of a n y county for a n y purpose, expenditure or contemplated expenditure. T h e laying or m a k i n g of a levy in a n a m o u n t sufficient to cover or p a y all estimated a n d contemplated expenditures for the fiscal year shall not be construed as imposing a n y obligation or duty o n the board of supervisors or other governing body to appropriate an y a m o u n t whatsoever. N o part of the funds raised by the general county levies or taxes shall be considered available, allocated or expended for a n y purpose until there has been a n appropriation of funds for that expenditure or purpose by the board of supervisors or other governing body either annually, semiannually, quarterly, or monthly. There shall be n o m a n d a t o r y duty u p o n the board of supervisors or other governing body of a n y county to appopriate a n y funds raised by general county levies or taxes except to p a y the principal a n d interest on bonds a n d other legal obligations of the county or district a n d to p a y obligations of the county or its agencies a n d departments arising un d e r contracts executed or a p proved b y the board of supervisors or other governing body, unless otherwise specifically provided by statute. A n y funds collected a n d not expended in a n y fiscal year shall be carried over to the succeeding fiscal years a n d shall be available for appropriation for a n y governmental pu r poses in those years. § 58-844. The council of every city and town shall annually cause to be made up and entered on their journals an account of a l sums law l fully chargeable on the city or town which ought to be paid within one year and order a city or town levy of so much as in their opinion i s necessary to be raised in that way in addition to what m a y be received for licenses and from other sources; any such governing body m a y provide that if any taxpayer owns tangible personal property of such small value that the local levies thereon for the year result in a tax of less than one dollar, such property ma y be omitted from the personal property book and no assessment made thereon. The levy so ordered m a y be upon the persons in the city or town above the age of twenty-one years, not exempt 46 § 58-846.1. Before a n y local tax levy shall be increased in a n y county, city, toivn, or district, such proposed increase shall be published in a n e w s paper having general circulation in the locality affected at least fifteen days before the increased levy is m a d e a n d the citizens of the locality shall be given a n opportunity to appear before, an d be heard by, the local govern ing body o n the subject of such increase. 2 . A n emergency exists and this Act is in force from its passage. A B I L L to a m e n d a n d reenact §§ 58-921, 58-925, a n d 58-928 of the Co d e of Virginia, relating to the p a y m e n t of warrants a n d the settlement of accounts by county treasurers, to provide that warrants m a y only be paid f r o m funds appropriated for the purpose for wh i c h the warrant ivas drawn, a n d to provide that the clerk of the governing body of the county shall deliver copies of all appropriations of funds to the treas urer of the county. Be i enacted by the General Assembly of Virginia: t 1 . That §§ 58-921, 58-925, and 58-928 of the Code of Virginia be amended and reenacted as follows: § 58-921. N o county treasurer shall refuse to pay any warrant legally drawn upon him and presented for payment for the reason that a warrant of prior presentation has not been paid, when there shall be appropriated money in the treasury belonging to the fund drawn upon available a n d sufficient to pay such prior warrant and also the warrant 47 �so presented; but such treasurer shall, as he m a y receive money into the treasury belonging to the fund so drawn upon, set the same apart for the payment of warrants previously presented and in the order presented. He shall receive in payment of the county levy any county warrant drawn in favor of any taxpayer, whether such warrant has been entered in the treasurer’ book or not, but if the warrant has been transferred i shall s t be subject to any county levy owing by the taxpayer in whose favor the same was issued. W h e n the warrant i for a larger sum than the county s levy due from the payee or transferee of the warrant, the treasurer shall endorse on the warrant a credit for the amount of the county levy so due and such payee or transferee shall execute to the treasurer a receipt for such amount, specifying the number and date of the warrant on which i was credited; and the residue of the warrant shall be paid according t to the order of i s entry in the treasurer’ book. Copies of all appropria t s tions, a n d ordinances a n d resolutions appropriating funds by the govern ing body, shall be delivered to the treasurer by the clerk of the governing body. § 58-925. The treasurer shall receive the county levy in the manner prescribed for the receipt of the State revenue and shall, at the August meeting of the board of supervisors or other governing body of the county, or within thirty days thereafter, settle with the supervisors or other such body his accounts for that year; and out of the balance shown to be in his hands upon the settlement he shall at once pay a l warrants drawn l on the * appropriations for that year not previously paid, in the order of their presentation. And when his term of office expires or if he die, resign or be removed from office, he, upon the expiration of his term of o ffice, resignation, or removal, or his personal representative, upon his death, shall immediately make such settlement, showing the amount in his hands to be accounted for and the fund to which the same belongs and deliver to his successor a l bonds belonging to his office and a l money belonging l l to the county. § 58-928. If any such treasurer fail to pay, upon presentation, any legal warrant, having in his hands at the time appropriated funds out of which the same ought to be paid, or fail to set apart necessary funds, when the same * are appropriated a n d come into his hands, for the pay ment thereof in its order, if listed under § 58-920, and to pay over the amount due upon such warrant as soon thereafter as the same m a y be again presented, the holder thereof may, on motion in his own name, in the circuit court of the treasurer’ county, recover from him and his s sureties the amount of such warrant, together with damages at the rate of ten per centum per month on the amount from the time such treasurer should have paid the same and the costs of such motion, including an attorney’ fee of five dollars. s 2. A n emergency exists and this Act shall be in force on and after July 1 1959. , Surplus Property Bill A B I L L to permit a referendum to be held in a n y county, city or toivn constituting a separate school district, to determine if specific real or personal school properties are needed for public purposes, to pro vide w h e n such referendum shall be held, the m a n n e r of conducting such referendum, a n d to provide that specific properties shall be sold if the majority of the voters voting find that the school property is no longer needed for public purposes. Be i enacted by the General Assembly of Virginia: t 1 . In any county, city, or town, if the town constitutes a separate school district, where a number of qualified voters not less than ten per centum of the number of voters voting in the last preceding presidential election in that county, c ity, or town are of the opinion that any specific real or personal school property or properties are no longer needed for public purposes and the school board has not initiated proceedings to s or ell exchange that real or personal property or properties, then on petition of a number of qualified voters not less than ten per centum of the number of voters voting in the last preceding presidential election in the county, city, or town, requesting the same, the circuit court of the county or the corporation court of the city or the judge thereof in vacation shall order an election by the people of the county, city, or town to be held not less than twenty nor more than thirty days after entry of the order, to deter mine whether the real or personal school property or properties specified in the petition are or are not needed for public purposes. The electoral board of any county or city when an election has been ordered held, shall, prior to the date of such election, have printed at the expense of such county, city, or town proper ballots to be voted at such election, on which shall be set out the date of the election, and the question “Are (Is) the following specific school properties (property) needed for public purposes?” Each separate parcel of real property, if there are more than one, shall be separately listed with i general description and location. Per ts sonal property in, on, or used in connection with the parcel of real prop erty may be listed with the specific parcel of real property by the general description “together with a l personal property located thereon and there l in” or such personal property may be listed separately. Immediately below the name, general description and location of each separate parcel of real property, there shall be printed on separate lines, the words, “No, this property is not needed” and “Yes, this property i needed”. On each such s line and immediately to the left of “N o ” and “Yes”, there shall be printed a square not less than one-quarter nor more than one-half an inch in size. School buses m a y be listed thereon as “......... (Number) school buses”, and a l other personal property may be listed together with it l s general description. Immediately below each of the two classes of per sonal property, there shall be printed on separate lines, the words, “No, this property i not needed” and “Yes, this property is needed” with the s squares as specified above. 49 48 �The ballot shall be printed substantially thus: Are (Is) the following specific properties (property) needed for public purposes: 1 ..................... elementary (junior high) (high) school (Name) buildings containing........... class rooms designed to house....... (Number) (Number) pupils, together with......... acres of land, located at............. ; (Number) (Address) together with all the personal property located thereon and therein. □ No, this property is not needed. □ Yes, this property is needed. 2 ................. school buses. (Number) □ No, this property i not needed. s □ Yes, this property is needed. 3. The following personal school property,....................... (General Description) now or formerly used for public school purposes at................... (Location or Locations) □ No, this property is not needed. □ Yes, this property i needed. s Each person voting at such election shall mark his ballot in the manner prescribed by § 24-245 for the marking of ballots. Such ballots shall be delivered to the judges of election, within five days preceding the day of election, in the same manner as ballots are delivered to the judges of election in regular elections, for use at such election. Such election shall be conducted in the manner prescribed by law for the conduct of regular elections by the regular election officers of such locality. The poll books and the certificates of the judges of election shall be delivered by one of the judges of election from each precinct in the county, city, or town to the clerk of the court to which election returns are made in regular elections, and canvassed as returns are canvassed in regular elections and the results thereof certified by the clerk of the court to the judge of the court ordering the election. If i shall appear from the returns that a majority of the qualified t voters voting thereon at such election shall vote that any specific property is not needed for public purposes, an order shall be entered of record accordingly, a copy of which shall be forthwith certified by the clerk of such court to the school board, which shall within thirty days after the receipt of the copy of the order initiate proceedings to s ell the specific property pursuant to the applicable provisions of law, upon such terms and conditions as the court ma y deem necessary to protect the public interest and by order of record approve. The provisions of this Act shall be in addition to a l other provisions l of law and shall not impair the right or authority granted by law to any board, commission, governing body or court to s l , exchange, convey, or el otherwise dispose of school property. 50 Enrollment and Transfers Bill A B I L L to require the State B o a r d of Education to adopt rules a n d reg ulations for the placement of pupils in the public schools; to provide that initial placement shall be m a d e by local school boards; to provide for administrative procedure a n d remedies for pupils seeking enroll ments; to create a Placement B o a r d of Appeals a n d confer u p o n it potvers as to placement of pupils; to provide for appeals to the courts of this State; a n d to repeal Sections 22-232.1 through 22-232.17 of the Co d e of Virginia, as amended, relating to enrollment or place m e n t of pupils. Be i enacted by the General Assembly of Virginia: t 1 . § 1 The State Board of Education shall promulgate rules and reg . ulations to be used and applied by school boards in their respective juris dictions in making placements of individual pupils in particular public schools so as to provide for the orderly administration of such schools, the competent instruction of the pupils enrolled and the health, safety, best interest and general welfare of such pupils. § 2. The placement of pupils in accordance with the rules and reg ulations adopted by the State Board of Education shall be made by school boards which are hereby authorized to fix attendance areas and adopt such other additional rules and regulations, not inconsistent with the rules and regulations of the State Board, relating to the placement of pupils as may be to the best interest of their respective school districts and the pupils therein. § 3. School boards are authorized to designate agents who may be division superintendents, or other school officials or employees, to make a l initial placements in the manner required by this Act. All such place l ments must be made not later than April 15 preceding the school year to which placements are to be applicable and shall become final within ten days after notices thereof have been mailed to the last known address of the parents, guardians or other persons having custody of the pupils so placed and copies thereof delivered by mail, or otherwise, to the office of the principal of the school in which the pupil has been placed. The mailing of the notices of placement as required herein shall be prima facie evidence of receipt of same. Parents, guardians or other persons having custody of pupils in the public school system are hereby required to notify their school board of any change of address or residence. The placement of any pupil whose parent, guardian or other person fails to so notify his board shall be final. Any child who has not previously attended the public schools, any child whose residence has been moved from a county, city or town in which such child formerly attended school and any child who wishes to attend a school other than the school which he attended the preceding school year shall not be eligible for placement in a particular school unless application i made therefor, on or before April 5 preceding the school s year to which the placement requested is to be applicable, by the parent, guardian or other person having custody of such child to the division superintendent having control of the school to which such child seeks admission. Such application shall be in writing on forms provided there for by the State Board of Education and shall set forth the relationship of the applicant to the child and such other information as m a y be re51 �quired by the State Board or requested by the school board. The action of the school board, or i representative, in making the placement of any ts pupil, whose parent, guardian or other person having custody of such pupil fails to make application within the time required herein, shall be fnl ia. of or i agent, to compel such person to appear before the Board of A p ts peals, or any member or agent, and give testimony or produce documents as ordered. Should any person fail or refuse to obey an order of the court issued in accordance with this section, he may be punished by the court issuing the same as for contempt thereof. § 4. If any parent, guardian, or other person having custody of a pupil, shall feel aggrieved by the placement of such pupil in a particular school under the provisions of § 3 or 10 of this act then such parent, guardian, or other person may, at any time prior to the placement be coming final, make application in writing to the school board for a review of such action, setting out therein the relationship of the applicant to the pupil and the specific reasons why such pupil should not attend the school in which placed and also setting out the particular reasons w hy such pupil should be placed in some other school to be named in such applica tion. The school board shall review the initial placement within twenty days after receipt of such application for review. In making the review the school board shall have the authority to examine a records, f l s and ll ie other data pertinent to a consideration of the proper placement of the pupil involved, and shall have the further authority to require any per son, including the applicant and the pupil, to appear and present evidence concerning the placement. The applicant shall be notified of the time and place of review and given the opportunity to appear if he so requests in his application. After review, the local board shall determine whether the placement sought in such application should be allowed and shall promptly enter an order either affirming the initial placement or changing the same. All such orders shall be entered on or before M a y 20 preceding the school year to which they are applicable and copies thereof furnished the applicants. § 7 For the conduct of hearings and to facilitate the performance . of the duties imposed upon i , i s members and agents under this act, the t t Board of Appeals i authorized to promulgate a l such rules and reg s l ulations and procedures and prescribe such uniform forms as i deems t appropriate and needful and to require strict compliance with the same by a l persons concerned. l § 5. There i hereby created a board to be known as the Placement s Board of Appeals, hereinafter referred to as the Board of Appeals, which shall consist of five members who shall be appointed by the Governor, subject to confirmation by the General Assembly for a term coincident with that of the Governor making the appointments. A ny vacancy shall be filled by appointment by the Governor, subject to confirmation by the General Assembly. Members of the Board of Appeals shall receive as compensation for their services a per diem of twenty-five dollars for each day actually spent in the performance of their duties and shall be entitled to reimbursement for their necessary expenses incurred in connection therewith. § 8 If the parent, guardian, or other person having custody of a . pupil who has been placed in a particular public school, or five interested heads of families as described in § 11 of this act, shall feel aggrieved by the final decision of the school board making such placement, such person or heads of families m ay at any time within ten days from the date of such final decision appeal therefrom to the Board of Appeals. Such appeal shall be by petition with copy thereof delivered to the clerk or chairman of the school board, alleging therein the decision complained of and the objections thereto, and specifying the relief sought. The Board of Appeals shall thereupon be charged with the duty of reviewing the placement made by the school board and of determining whether or not the petitioner is entitled to the relief requested. Upon filing the petition for review, the Board of Appeals shall f x i the time and place for hearing, which shall be held at Richmond, or a place reasonably accessible to the county, city or town in which the petitioner resides i so requested in the petition, and mail notices thereof f to the petitioner and the school board. Upon receipt of a copy of the petition, the school board shall immediately certify to the Board of A p peals a l records, exhibits and other information considered by i in making l t the final placement of the pupil concerned. The school board, or its repre sentative, may appear at the hearing, and shall do so upon request of the Board of Appeals, and present such facts and information as may be deemed material for a proper review of the placement. After consideration of the petition, the information furnished by the school board and the evidence adduced at the hearing, if any, the Board of Appeals shall determine the school in which the pupil should be placed and enrolled and enter an order accordingly. Such order shall be entered within thirty days from the date the petition was f l d ie. § 6 The Board of Appeals m a y retain counsel and designate, appoint . and employ such agents as i may deem desirable and necessary in the t administration of its duties. It m a y designate any of i members or ts agents to hold the hearings hereinafter provided for and take testimony and submit recommendations in any and all cases referred to them by i . t The Board of Appeals, or any member thereof, and any of i agents shall ts have authority to administer oaths to those who appear before i , any t member thereof, or any of its agents in connection with the administration of its duties. The Board of Appeals, or any member thereof, and any of its agents shall also have the authority to issue subpoenas in the name of the Commonwealth to compel the attendance of witnesses and the pro duction of documents. All such subpoenas shall be served by the sheriff, sergeant, constable, or any deputy thereof, of the county, city or town to which the same is directed. Should any person fail or refuse to obey any subpoena so issued, any court of record of the Commonwealth shall have jurisdiction, upon application of the Board of Appeals, a member there- § 9 If the parent, guardian, or other person having custody of the . pupil, or five interested heads of families described in § 11 of this act, shall feel aggrieved by the final order of the Board of Appeals, such person or heads of families may at any time within ten days from the date of such order appeal therefrom to the circuit court of the county or corporation court of the city wherein such child resides. Such appeal shall be by petition against the Board of Appeals as defendant, alleging therein the order complained of and the objections thereto, and specifying the relief sought. Upon the filing of the petition for appeal the clerk of the court shall forthwith issue a summons returnable within twenty-one days. On or before the return day of such summons, the Board of Appeals may f l i s plea, demurrer, or answer to the allegations contained in the ie t petition, but failure to do so shall not be taken as an admission of the truth of the facts set forth therein. The record on appeal shall consist of the petition to the Board of Appeals and the order complained of duly 52 53 �certified by such board, which shall be filed with the clerk of the court on or before the return day of such summons. The case shall be matured for hearing upon the return date of such summons, and heard and deter mined de novo by the court without a jury, either in term or vacation. If the decision of the court be that the order of the Board of Appeals shall be set aside, the court m a y adjudge that such pupil i entitled to s attend the school as claimed in the petition to the Board of Appeals, or such other school as i may find such pupil is entitled to attend, and, in t such case, such pupil shall be admitted to such school by the school board. From the final order of the court an appeal m a y be taken by either party to the Supreme Court of Appeals in the same manner as other appeals are taken from judgments in c ivil actions. § 10. Notwithstanding the requirements of § 3, any child whose residence is established in any county, city or town subsequent to March 5 preceding the school year in which he wishes to attend school shall make application to the school board for placement through his parent, guardian or other person having custody of such child within thirty days after such residence i established. The school board, or i designated s ts agent, shall make the initial placement within 10 days after receipt of such application. Such application shall be in the same form as required by § 3 and the procedure to be followed, except insofar as altered by this section, shall be mutatis mutandis the same as prescribed by the preceding sections of this act. approved by a majority of the members of each participating board, which said boards shall sit jointly but vote separately. § 13. For the school session beginning in September, 1959, and for that session only, a l placements made pursuant to § 3 of this act l shall be made not later than April 29 and applications for placements in particular schools may be received on or before April 25. Likewise, a l l final orders of school boards entered pursuant to § 4 of this Act m ay be entered not later than June 1 for the school session beginning in September, 1959. § 14. If any part or parts, section, subsection, sentence, clause or phrase of this act or the application thereof to any person or circum stance i for any reason declared unconstitutional, such decision shall s not affect the validity of the remaining portions of this act which shall remain in force as i such act had been passed with the unconstitutional f part or parts, section, subsection, sentence, clause, phrase or such applica tion thereof eliminated; and the General Assembly hereby declares that i would have passed this act if such unconstitutional part or parts, sec t tion, subsection, sentence, clause or phrase had not been included herein, or if such application had not been made. 2 . §§ 22-232.1 through 22-232.17 of the Code of Virginia, as amended, are hereby repealed. 3 . A n emergency exists and this act i in force from its passage. s The action of the school board, or i representative, in making the ts placement of any pupil, whose parent, guardian or other person having custody of such pupil fails to make application within the time required by this section, shall be f n l ia. All final orders of school boards concerning applications for review of placements made by parents, guardians or other persons having custody of children whose residences are established in any county, city or town subsequent to March 5 preceding the school year in which they wish to attend school shall be entered within thirty days after receipt of such applications for review. § 11. Any five interested heads of families who are residents of the county, city or town and patrons of the public school involved in the place ment or placements required by this act, who ma y feel themselves ag grieved by the action of the school board, or any of its agents or repre sentatives, in making the initial placement or placements required by this act, m a y apply for review within ten days from the date a l place l ments must be made pursuant to provisions of § 3 or 13, as the case m a y be, or within ten days after the making of the initial placements under § 10, by making application in writing to the school board setting forth the particular objections to the placement or placements involved. Upon receipt of such application, the school board shall review the place ment or placements complained of in the same manner as required by § 4 . If the relief requested is not granted, a petition ma y be f iled with the Board of Appeals and the circuit or corporation court, as the case may be, in the same manner as is provided in the case of an aggrieved parent, guardian or other person having custody of a pupil. § 12. In any case where schools are operated jointly by more than one political subdivision, any final placement must be approved by a m a jority of the school board if a single board has been formed pursuant to the provisions of Chapter 6 of Article 5 of Title 22 of the Code and i f such single board has not been formed then such final placement must be 54 55 �Teacher Status; Pupil Attendance, Activities and Transportation Bills A B I L L to permit teachers to repay State scholarships by teaching in n o n sectarian private schools. Be i enacted by the General Assembly of Virginia: t 1 . § 1 That any recipient of a scholarship from the State Board of . Education, out of funds appropriated for teacher education and teaching scholarships under an agreement whereby the obligation to repay the amount of the grant or loan m a y be cancelled by teaching one year in the public schools of this State, may satisfy his obligation to repay the amount of the grant or loan by teaching one year in a nonsectarian private school approved by the State Board of Education. 2. A A n emergency exits and this act is in force from its passage. B I L L to provide in certain cases a n d un d e r certain circumstances for the compulsory attendance of children betiveen the ages of seven an d sixteen u p o n the public schools of this State a n d to provide penalties for violations. Be i enacted by the General Assembly of Virginia: t 1 . § 1 Every parent, guardian, or other person in the Commonwealth, . having control or charge of any child, or children, who have reached the seventh birthday and have not passed the sixteenth birthday, shall send such child, or children, to a public school, or to a private, denominational or parochial school, or have such child or children taught by a tutor or teacher of qualification prescribed by the State Board of Education and approved by the division superintendent in a home, and such child, or chil dren, shall regularly attend such school during the period of each year the public schools are in session and for the same number of days and hours per day as in the public schools. The provisions of this section shall apply to any child or children who m a y be admitted to the primary grades in the public free schools of Virginia under the discretionary provision of § 22-218 of the Code. § 2 The period of compulsory attendance shall commence at the open . ing of the first term of the school which the pupil attends and shall continue until the close of such school for the school year or until the pupil reaches his or her sixteenth birthday. § 3. The provisions of this Act shall not apply to children physically or mentally incapacitated for school work, nor to those children suffering from contagious or infectious diseases while suffering from such diseases; nor to children under ten years of age who live more than two miles from a public school, unless public transportation i provided within one mile s of the place where such children live; nor to children between ten and sixteen years of age who live more than two and one-half miles from a public school, unless public transportation i provided within one and ones half miles of the place where such children l v . Compulsory education ie distances shall be measured or determined by the nearest practical routes, which are usable for either walking or riding, from the entrance to the 56 school grounds, or from the nearest school bus stop, to the residence of such children. Physical incapacity or disease shall be established by the certificate of a reputable practicing physician, made in accordance with the rules and regulations adopted by the State Board of Education, and mental incapacity i to be determined by such mental test or tests as may s be prescribed by the State Board of Education. / § 4. Notwithstanding the provisions of § 1 of this Act the school board shall on recommendation of the principal, the superintendent of schools and the judge of the juvenile and domestic relations court of such - county or city, or on recommendation of the Superintendent of Public Instruction, excuse from attendance at school any pupil who in their or his judgment cannot benefit from education at such school, provided no such child shall be so excused unless the written consent of his parents or guardian be given. V_ § 5 Every blind or partially blind child and every deaf child between . "seven and sixteen years of age, shall attend some school for the blind, or some school for the deaf, or some class in the public schools wherein special methods are used and special equipment and instruction are provided for the blind or deaf for nine months, or during the scholastic year, unless i t can be shown that the child i elsewhere receiving regularly equivalent s instruction during the period in studies usually taught in the public schools to children of the same age, provided that the superintendent or principal of any school for the blind, or the public schools or the schools for the deaf, or person or persons duly authorized by such superintendents or principals, m ay excuse cases of necessary absence among its enrolled pupils, and provided, further, that the provisions of this section shall not apply to a child whose physical or mental condition is such as to render its instruc tion as above described inexpedient or impracticable. Any blind or partially blind or deaf child who prior to his sixteenth birthday has been regularly enrolled in some school for the blind or some school for the deaf or some class in the public schools wherein special methods are used and special equipment and instruction are provided for the blind or deaf, shall be required to continue attendance thereat until he reaches his twentieth birthday or until he has completed a l courses l offered by such school from which such child can benefit, unless i can be t shown that such child is elsewhere receiving regularly equivalent instruc tion during the period in studies usually taught in the public schools. § 6 Every person having under his or her control a child between . the ages above set forth, shall cause the child to attend school or receive instruction as required by this Act. § 7 Any person violating any of the preceding sections shall be guilty . of a misdemeanor. § 8. Within ten days after the opening of the school, each principal teacher shall report to the division superintendent the names of the pupils enrolled in the school, giving age, grade and the name and address of parent or guardian. § 9 Within ten days after the opening of the school, each principal . teacher shall submit another report to the division superintendent giving to the best of the principal teacher’ information the names of al children s l not enrolled in school, with the name and address of parent or guardian, within the limits of the compulsory education requirements with regard to age and distance, according to the provisions of § 3 . 57 �§ 10. The division superintendent shall check these l ists with the last school census and with reports from the Bureau of Vital Statistics. From these reports and from any other reliable source the superintendent shall within five days make a l s of the names of children who are not enrolled it in any school, and who are not exempt from school attendance. It shall be the duty of the division superintendent, or the attendance officer, i f one be employed, to investigate a cases of nonenrollment and, when no ll valid reason is found therefor, to notify the parent, guardian or other person having control of the child, to require the attendance of such child at the school within three days from the date of such notice. § 11. A l of persons so notified shall be sent by the superintendent ist of schools, or the attendance officer, if there is one, to the principal teacher of the school. If the parent, guardian or other person having control of the child or children f i s within the specified time, to comply with the al, law, i shall be the duty of the division superintendent or the chief attend t ance officer, if there be one, to make complaint in the name of the C o m monwealth before the juvenile and domestic relations court. In addition thereto, such child or children m a y be proceeded against as a neglected child or children in the manner provided by Title 63 of the Code. § 12. A n y person who induces, or attempts to induce, any blind or partially blind child or a deaf child to absent himself unlawfully from school or employs or harbors any such child absent unlawfully from school, while the school is in session, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof before a juvenile and domestic relations court, be fined a sum not exceeding ten dollars for each offense. § 13. The principal teacher of every public school in the counties and towns and the truant officers of the cities shall, within thirty days from the beginning of the school year, furnish the division superintendent and the county, city or town school board with the names of a children who ll are blind or partially blind or deaf between the ages of seven and sixteen years, inclusive, living within the boundaries of his or her school district who do not attend school. It shall be the duty of the school board to certify forthwith the names of all such deaf children to the respective superintend ents of the State schools for the deaf, and of a l such blind or partially l blind children to the Virginia Commission for the Visually Handicapped and to the superintendents of the schools for the blind whose duty i shall t be to investigate all cases of nonenrollment of such blind children, and when no valid reason i found therefor, such child or children shall be s required to attend school as provided in § 5 . § 14. For the practical interpretation of the preceding sections of this Act a definition of a blind or partially blind child i as follows:A blind s child is a child who has, with correcting glasses, twenty-two hundred vision or less, in the better eye. A partially blind child is a child who has twentyseventy vision or less, in the better eye, or one who has some progressive eye trouble which in the opinion of a competent opthalmologist makes i t necessary for the child to attend a special school or a special class in the public schools. § 16. Every county school board and school board of a city or town shall have power to appoint, with the approval of i s division superintend t ent of schools, one or more attendance officers who shall be primarily charged with the enforcement of the preceeding sections of this Act, and for such purpose only, provided that, in a county, city or town where no attendance officer is appointed by the local school board, the division super intendent of schools shall act as attendance officer with the same powers conferred on attendance officers. § 17. Such attendance officers shall have the powers and authority of a sheriff. The compensation of such attendance officers, or of the divi sion superintendent of schools, when he acts as such, shall be fixed by the school boards and paid out of funds available to the school board for public schools. Every attendance officer shall keep an accurate record of a l l notices served, of cases prosecuted and a l other services performed, and l shall make an annual report of the same to the board appointing him. § 18. Any parent, guardian, or other person who makes a false state ment concerning the age of a child between the ages of seven and sixteen years, for the purpose of evading the provisions of this Act, shall be guilty of a misdemeanor. § 19. Any person who induces or attempts to induce any child to be absent unlawfully from school, or who knowingly employs or harbors, while school is in session, any child absent unlawfully, shall be guilty of a misdemeanor. § 20. A ny child or children permitted by any parent, guardian, or other person having control thereof, to be habitually absent from school, contrary to the provisions of this Act, shall be deemed a neglected child, to be disposed of in the manner prescribed by Title 63 of the Code. § 21. It shall be the duty of the attorneys for the Commonwealth of the several counties and cities to prosecute a l cases arising under this Act l and juvenile and domestic relations courts shall have exclusive original jurisdiction for the trial of such cases. § 22. W h e n i i found upon investigation that the parent, guardian t s or other person having control of a child is unable to provide the necessary clothes in order that the child may attend school, such parent, guardian or other person shall not be punished, unless the local board of public welfare, from public funds or otherwise, or some other agency or person, furnish such child with the necessary clothes, and thereafter such parent, guardian or other person fails to send such child or children, to school, as required by law. § 23. The State Board of Education shall have the authority and i t shall be its duty to see that the compulsory attendance laws, as provided in this Act, are properly enforced in those counties, cities and towns wherein this Act i in force. s § 15. Every teacher in every school in the Commonwealth shall keep an accurate daily record of attendance of a l children between seven and l sixteen years of age. Such record shall, at a l times, be open to any officer l authorized to enforce the provisions of this Act who m a y inspect or copy the same, and shall be admissible in evidence in any prosecution for a violation of this Act, as prima facie evidence of the facts stated therein. § 24. This Act shall be in force in every county, city or town, if such town be a separate school district, when i has been recommended by reso t lution of the county, city or town school board and duly adopted by the governing body of such county, city or town in the same manner as local ordinances are adopted. The operation of this Act may be suspended in any county, city or town, if such town be a separate school district, by the governing body thereof in the same manner as local ordinances are repealed. 58 59 �§ 25. In any case where schools are operated jointly by more than one political subdivision, any resolution adopted pursuant to the authority of this Act must be approved by a majority of the school board i a single f board has been formed pursuant to the provisions of Chapter 6, Article 5, Title 22 of the Code and if such single board has not been so formed then by a majority of the members of each participating board, which said boards shall sit jointly but vote separately. § 26. If any part, section, sentence, clause or phrase of this Act, or the application thereof to any person or circumstance, when i becomes in t full force and effect in any county, city or town as provided herein, shall for any reason be adjudged to be invalid the remainder shall be inoper ative; and the General Assembly hereby declares that i would not have t passed this Act if such invalid part, section, paragraph, sentence, clause or phrase had not been included therein, or if such application had not been made. 2. All acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. A B I L L to 'permit schools hoards to provide transportation for children attending nonsectarian private schools; or in lieu thereof to allot funds to assist in paying the costs of such transportation; to provide for State assistance in the p a y m e n t of costs thereof; a n d to provide that local governing bodies m a y m a k e appropriations therefor. Be i enacted by the General Assembly of Virginia: t 1 . § 1 The school board of every county, city or town, if the same be a . separate school district, may provide transportation for any child enrolled in and attending nonsectarian private schools and, in such event, shall be entitled to reimbursement out of State funds to the same extent as coun ties, cities and towns are reimbursed for costs expended for transportation of pupils to and from public schools. Chapter 13 of Title 22 shall be ap plicable to such transportation together with the rules and regulations of the State Board of Education adopted pursuant thereto. § 2. The school board may, in lieu of furnishing transportation au thorized by the preceding section, allot funds to assist parents of children attending nonsectarian private schools in paying the cost of other means of transportation. Such assistance shall not exceed an amount approved by the State Board of Education with due regard to the cost of trans porting pupils generally in the public schools throughout this State. Fifty per centum of such cost shall be paid by the school division in which the child resides and fifty per centum by the State. § 3. The governing bodies of the several counties and the councils of the several cities and towns are hereby authorized to appropriate such funds as in their judgment may be necessary to carry out the provisions of sections 1 and 2 of this Act. Grants in Aid and Aid to Education Generally Bills A B I L L to encourage the education of the children of the C o m m o n w e a l t h by providing scholarships for the education of such children in n o n sectarian private schools a n d in public schools located outside of the locality in wh i c h they reside; to provide for the m a n n e r in wh i c h such scholarships shall be m a d e available a n d the extent of State a n d local participation in the p a y m e n t of such scholarships; a n d to m a k e u n l a w ful the improper obtaining o r expending of funds provided for such scholarships; a n d to repeal Chapter 56, Acts of Assembly, Ex t r a Ses sion 1956, an d Chapter 7.1 of Title 22 of the Code, consisting of §§ 22-115.1 through 22-115.21, relating to grants for education of children in private schools. Be i enacted by the General Assembly of Virginia: t 1 . § 1 The General Assembly, mindful of the need for a literate and . informed citizenry, hereby declares that i i the policy of this C o m m o n t s wealth to encourage the education of al of the children of Virginia. In l furtherance of this objective, the General Assembly finds that in addi tion to providing instruction in the public schools, it is desirable and in the public interest that scholarships should be provided from the public funds of the State and localities for the education of the children in non sectarian private schools and in public schools located outside of the locality where the children reside. § 2. The governing body of each county, city or town, if the town be a separate school district approved for operation, shall appropriate out of the general tax revenues of the locality and out of funds made available to the locality for such purpose by the State such amounts as m ay be necessary to provide scholarships of at least the minimum amount specified by § 5 of this Act for children of school age residing in such locality within the meaning of § 22-218 of the Code of Virginia but who attend nonsectarian private schools in or outside such locality or public schools located outside such locality. § 3. The funds made available for such scholarships shall be ex pended by the local school boards pursuant to rules and regulations promulgated by the State Board of Education. Such funds shall be appro priated and recorded separately from funds made available to the school board for the maintenance and operation of the public schools and no funds appropriated for scholarships shall be used or be available to be used for the maintenance or operation of the public schools. § 4. The State Board of Education is hereby authorized and directed to promulgate rules and regulations for the administration of this Act. Such rules and regulations may prescribe the minimum academic standards that shall be met by any nonsectarian private school attended by a child to entitle such child to a scholarship, but shall not deal in any way with the requirements of such school concerning the eligibility of pupils who may be admitted thereto. The State Board of Education m a y also pro vide for the payment of such scholarships in installments and for their proration in the case of children attending school less than a full school year. § 5 The amount of the minimum scholarship to be provided out of . joint State and local funds for each child for a full school year shall be two hundred and fifty dollars or the amount equal to the actual cost of tuition at the school attended by such child or the total cost of operation, 60 61 �excluding debt service and capital outlay, per pupil in average daily attendance in the public schools of the locality providing such scholar ships, as determined by the Superintendent of Public Instruction for the school year 1958-1959, whichever of such three sums i the lowest. In s the case of a locality in which public schools were closed during the school year 1958-1959 under the provisions of Chapter 68, Acts of Assembly, Extra Session 1956, the cost of operation for the school year 1957-1958 shall be used in making such computation. The locality shall contribute out of local tax revenues for each such scholarship provided for a child residing in such locality the amount obtained by mutiplying the amount of the scholarship by the percentage which the expenditure out of local funds is of the total such cost per pupil in average daily attendance in such locality for the school year 1958-1959 or 1957-1958 as the case m a y be. The balance of such minimum scholarship shall be provided out of State funds appropriated to the locality for such purpose. The governing body of each county, city and town, if the town be a separate school district approved for operation, m a y appropriate from local revenues additional sums for the purpose of supplementing such minimum scholarships. The amount of the scholarship shall be paid to the parent or guardian of, or the person standing in loco parentis to, the child. The local school board shall require the recipients of the scholarship funds to furnish receipts or other evidence showing that the funds were expended for the purpose for which the scholarships were granted. § 6 It shall be unlawful for any person to obtain, seek to obtain, . expend, or seek to expend, any scholarship funds for any purpose other than in payment of or reimbursement for the tuition costs for the attend ance of his child or ward at a nonsectarian private school in or outside the locality making such scholarship grant or a public school located outside such locality. A violation of this section shall, except for offenses punishable under § 18-237 of the Code, constitute a misdemeanor and be punished as provided by law. § 7. If a locality fails to provide the scholarship funds under the provisions of this Act for those entitled thereto, the State Board of Education shall authorize and direct the Superintendent of Public In struction, under rules and regulations of the State Board of Education, to provide for the payment of such scholarships on behalf of such locality. In such event the Superintendent of Public Instruction shall, at the end of each month, f l with the State Comptroller and with the school board ie and the governing body of such locality a statement showing a l disburse l ments so made on behalf of such locality, and the Comptroller shall from time to time as such funds become available deduct from other State funds appropriated for distribution to such locality the amount required to reimburse the State for expenditures incurred under the provisions of this section, provided that in no event shall any funds to which such locality m a y be entitled under the provisions of Title 63 of the Code or for the operation of public schools be withheld under the provisions of this section; and provided further that, except out of funds appropriated for distribution to such locality to assist i in providing the basic scholar t ships under this Act, no greater amount shall be withheld on account of any scholarship paid directly by the State under the provisions of this section than the amount of the locality’ share of the minimum scholar s ship. 2. That Chapter 56, Acts of Assembly, Extra Session 1956, and Chapter 7.1 of Title 22 of the Code of Virginia, consisting of §§ 22-115.1 through 22-115.21, and all amendments thereof, are hereby repealed. 62 A B I L L to a m e n d an d reenact I 3 of Chapter 6^2 of the Acts of As s e m b l y of 1958, approved April 7, 1958, relating to the appropriation of the public revenue for the two years ending, respectively, on the thirtieth day of June, 1959, a n d the thirtieth day of June, 1960, as a m e n d e d by Chapter 3 of the Acts of Assembly, Extra Session 1959, approved January 31, 1959, so as to appropriate monies f r o m the general fund of the State Treasury to assist localities in providing, in accordance with law, scholarships to children attending nonsectarian private schools located in or outside a n d public schools located outside the locality in which such children reside; a n d to appropriate additional monies f r o m the general fund of the State Treasury to the Depart m e n t of Education for research, planning a n d testing; a n d to appro priate monies f r o m the general fu n d of the State Treasury for the administration of the duties of the Placement B o a r d of Appeals; a n d to repeal the appropriation m a d e for the year ending on the thirtieth day of June 1960 to further a n d encourage generally the education of the children of Virginia by providing for the p a y m e n t of tuition grants; an d to repeal a portion of the appropriation for the administration of the Pupil Placement Act. Be i enacted by the General Assembly of Virginia: t 1 . That § 3 of Chapter 642 of the Acts of Assembly of 1958, approved April 7, 1958, as amended by Chapter 3 of the Acts of Assembly, Extra Session 1959, approved January 31, 1959, be amended and reenacted as follows: (ITEMS 1 THRU 128 UNCHANGED) P U P IL PLA CEM EN T BOARD F irst Year Item 129 F o r adm inistration of Pupil Placement A c t.......................$ Second Year 166,510 $ * 50,000 $ 1 6 7 J8 0 176,400 $ 176,200 PLAC EM EN T BOARD OF APPEALS Ite m 129-A A sum s u ffic ie n t e stim a te d a t ................................................ $ DEPARTM ENT OF EDUCATION STATE BOARD OF EDUCATION Item 130 F or expenses of adm inistration of the S tate Board of Education, including the paym ent of premiums on official bonds in accordance with the provisions of § 2-8 of the Code of V irginia........................................$ Out of this appropriation shall be paid the follow ing salary: Superintendent of Public Instruction (without fees, the fees collected by him to be paid into the general fund of the S tate tre a s u ry )........... $17,000 Item 131 F o r research, planning and testing. .*$ 827,218 63 *$ 698,968 �Item 132 F irst Y ear F or teacher education and teaching scholarships fo r the public free schools, an am ount not to exceed........... $ To be apportioned under rules and regulations of the S tate Board of Education w ith the approval of th e Governor. Second Year 673,375 $ 698,875 331,700 $ 335,600 37,800 $ 37,800 255,000 $ 255,000 752,700 $ 752,700 Item 133 F o r S tate supervision .............................................................$ Item 134 F o r production of motion picture films................................ $. Item 135 F o r production of motion picture films, to be paid only from funds derived by the S tate Board of Education from the production of such films and paid into the S tate treasury, and not out of th e general fund of the S tate treasu ry....................................$17,050 each year. Item 136 F o r local adm inistration (salaries of division superin tendents) ............................................................................. $ This appropriation shall be expended fo r salaries of division superintendents under the conditions set fo rth in § 22-37, as amended, of the Code of V irginia Item 137 F or the establishm ent and m aintenance of local super vision of instruction in elem entary and high schools, including visiting teachers, to be apportionel among such schools by the S tate Board of Education........... $ Item 138 F o r basic appropriation fo r teachers’ salaries....................$44,655,500 I t is provided th a t in the apportionm ent of this sum no county or city shall receive less than the am ount prescribed by § 135 of the Constitution of Virginia. I t is provided, further, th a t the total of this sum, including the aforementioned apportionment, and the sums set forth in Item s 139 and 140 shall be apporitoned to the public schools by th e S tate Board of Education under rules and regulations prom ulgated by it to effect the following provisions: a. The apportionm ent shall be on the basis o f the following amounts, as applicable, p er S tate aid teaching position: (1) in th e first year of the biennium, $1,650 fo r each such position, plus an additional $150 for each such position which is occupied by a teacher having a collegiate professional certifi cate (or equivalent) and seven o r less years of experience or by a teacher having a normal pro fessional certificate (o r equivalent) and eleven or less years of experience; and, 64 $50,975,150 (2) in the second year of the biennium, $1,750 fo r each such position, plus an additional $300 each such position which is occupied by a teacher having a collegiate professional certificate (or equivalent) and seven or less years of experience or by a teacher having a normal professional cer tificate (or equivalent) and eleven or less years of experience. I t is provided, however, th a t no paym ent from this item fo r a S tate aid teaching position shall exceed two-thirds of the salary paid the incumbent of a S tate aid teaching position when the total salary of such incumbent is less than the amount of State aid available for each State aid teaching position. F o r purposes of this act, “ State aid teach ing position” is defined as one teaching position for each th irty (30) pupils in average daily attendance in the elementary grades and one teaching position fo r each tw enty-three (23) pupils in average daily attendance in the high school grades. The average daily attendance figures used in the apportionment of this item shall be those of the school year falling within the fiscal year fo r which the appropriation is made. b. No apportionment from this item shall be made to any county or city fo r S tate aid teaching positions in excess of the number of such positions in which teachers are actually employed; provided, however, th a t in exceptional circumstances and in the discretion of the State Board of Education, a county or city may employ few er teachers than the number of assigned State aid teaching positions allotted in accordance with paragraph a. c. No apportionment from this item shall be made to any county or city except fo r paym ent of salaries of teachers or other instructional personnel in the public schools, o r fo r paym ent of tuition in lieu of teacher or other instructional salaries under rules and regulations of the State Board of Edu cation. d. The annual expenditure of funds, derived from local sources, fo r instruction in the public schools shall not be less than the annual expenditure made from local sources fo r such instruction fo r the second school year in the previous biennium. However, if a county or city has established and m aintains a salary schedule for teachers and other instructional personnel satisfactory to the State Board of Education, the expenditure, derived from local funds, fo r the salaries of teachers and other instructional personnel may be reduced below such expenditures fo r the second school year in the previous biennium, provided the reduction and the am ount of reduction are approved by the State Board of Education. Also, a county or city may reduce such expenditure in exceptional circum stances due to a substantial loss in average daily attendance of pupils in the county or city, or in other exceptional local conditions, provided the re duction and the am ount of reduction are approved by the S tate Board of Education. 65 F irs t Year Second Year �First Year e. The county or city shall pay from local funds at least thirty per cent (30%) of the total amount expended for salaries of teachers and other in structional personnel. However, a county or city shall be permitted by the State Board of Edu cation to pay not less than twenty per cent (20%) of such amount if the county or city provides a levy or cash appropriation or a combination of both for schools which, when converted to an equivalent true tax rate, is as great as the average of all county or all city levies or cash appropriations or a combination of both such levies and appro priations for schools converted to an equivalent true tax rate; in converting a levy or cash appro priation or a combination of both for schools to an equivalent true tax rate, ratios of assessed valuations to true values used shall be such ratios determined by the State Tax Commissioner for the tax year 1950. For such counties or cities, the State Board of Education shall determine the per cent of local contribution, in no instance less than twenty per cent (20%) of the total amount ex pended for salaries of teachers and other instruc tional personnel. f. A minimum salary schedule for teachers and other instructional personnel, satisfactory to the State Board of Education and approved by the Governor, shall be put into effect. g. If any municipality annexes any portion of any county or counties, the State Board of Educa tion shall make such equitable adjustment of the funds which would otherwise have gone to either as is in its opinion justified by the peculiar condition created by such annexation, and order distribution of such funds according to its findings. This provi sion shall not apply if a court of competent juris diction makes such adjustment and orders such dis tribution. h. Allotments of funds from this item and from Items 139 and 140 beyond the constitutional appro priation shall be paid to a county or city only after submission of evidence satisfactory to the State Board of Education that the amount for which the allotment is claimed has been or will be expended for the purpose designated and in full compliance with the terms and conditions set forth pursuant to this item. i. It is further provided that the State Board of Education with the approval of the Governor may make such equitable adjustment in the distribution of this fund as may be necessary due to a sub stantial loss in average daily attendance of pupils in any county, city or town. The average daily attendance data for such county, city or town for the previous year may be used in making this ad justment. It is further provided that in the event the total of the sum3 set forth in Items 138, 139, and 140 ex ceeds the amount necessary to make the apportion ments required by this item, any balance remaining 66 Second Year may, upon request by the State Board of Education, and with the prior written approval of the Governor, be transferred and added to the sums set forth in Item 142 or in Item 148, or in both. First Year Second Year Item 139 For basic appropriation for teachers’ salaries, to be paid from the actual collections of special taxes segregated by § 135 of the Constitution of Virginia to support of the public free schools; provided, that no part of this appropriation shall be paid out of the general fund of the State treasury, estimated at.................$1,275,000 the first year, and $1,350,000 the second year. Item 140 For basic appropriation for teachers’ salaries, to be paid from the proceeds of interest payments to the Lit erary Fund; provided, that no part of this appropria tion shall be paid out of the general fund of the State treasury, estimated at ................ $1,056,500 the first year and $1,478,000 the second year. Item 141 For salary equalization ...................................................$ 9,050,000 a. It is provided that the State Board of Education shall pay from the sums provided by this item to each county and city an amount equal to that paid for the year ending June 30, 1958, from Item 137, Chapter 716, Acts of Assembly of 1956. b. It is provided further that the State Board of Education shall make no distribution from this item to any county or city which has not first complied with the conditions stated in paragraphs c-h, inclu sive, of Item 138 and in paragraph b of Item 142. c. If the sums available for this item as listed here in or by authorized transfer hereto are not sufficient for the purposes described, the distribution of such sums shall be made on a pro rata basis. If the sum3 available for this item as listed herein exceed the amount required for the purposes described, any bal ance remaining may, upon request of the State Board of Education, with the prior written approval of the Governor, be transferred and added to the sums set forth in Item 138, or in Item 142, or in both. Item 142 For providing a minimum educational program............. $ 7,500,000 A county or city, which meets the requirements stated below is eligible, subject to rules and regula tions promulgated by the State Board of Education, to receive an apportionment from this item to provide sufficient monies to operate a minimum educational program; a minimum educational program is defined as expenditure for school operation of not less than one hundred and seventy dollars nor more than two hundred dollars, as promulgated by the State Board of Education, per pupil in average daily attendance. 67 $ 9,050,000 $ 8, 000,000 �To be eligible for an apportionment from this item, a county or city must: First Year Second Year a. Have projected, in the opinion of the State Board of Education, a well-planned educational pro gram, and For guidance and adult education...................................... $ For pupil transportation.................................................... $ 5,222,280 This appropriation shall be distributed as reimburse ment for costs of pupil transportation under rules and regulations to be prescribed by the State Board of Education; provided no county or city shall receive an allotment in excess of the amount actually ex pended for transportation of pupils to and from the public schools, exclusive of capital outlay; provided, further, that if the funds appropriated for this purpose are insufficient, the appropriation shall be prorated among the counties and cities entitled thereto. It is further provided that the State Board of Education may, in its discretion, apply eligibility requirements and compute allocations from this fund separately for any town school district oper ated by a school board of not more than five mem bers, and the county in which such town is located. Item 148 For a discretionary fund to be disbursed under the rules and regulations of the State Board of Education...... $ It is provided that the State Board of Education may make apportionments from this discretionary fund only under the following conditions: If the amount set forth in Items 138-140, inclu sive, or in Item 141 are not sufficient for the pur poses described therein, the State Board of Educa tion with the prior written approval of the Gov ernor, may transfer from Item 142 to Item 138 or to Item 141, or to both, such sums as may be deemed proper. $ 40,000 $ 5,367,075 100,000 $ 330,000 $ 363,000 100,000 (1) For the purpose of aiding certain counties to operate and maintain a nine-month school term: satisfactory assurances must be given to the State Board of Education that (a) without aid from this fund the county is unable from local funds and other State funds to operate and maintain a ninemonth school term, (b) maximum local funds for instruction, operation, and maintenance have been provided, and (c) such local funds, with other State funds apportioned to said county, and aid from this appropriation will enable the schools in said county to be operated and maintained for a term of not less than nine-months. If the amount provided by this item is insufficient to meet the entire needs of those counties and cities which qualify for apportionments as herein provided, the amount shall be distributed to such counties and cities on a pro rata basis. No county or city shall receive from the total ap propriation under this item more than two hundred and twenty-five thousand dollars during either year of the current biennium. 706,550 Item 144 For vocational education and to meet Federal aid............. $ 4,391,500 68 40,000 Item 147 c. Be still unable, with the amount thus provided from local sources, other available State apportion ments for the public free schools, and Federal funds (not including capital outlay), to provide a mini mum education program as defined above. Item 145 For vocational education, the funds received from the Federal government for vocational education, pro vided that no part of this appropriation shall be paid out of the general fund of the State treasury, esti mated at ........................................................$950,000 each year. First Year Second Year Item 146 b. Have expended from local sources for school operation, exclusive of capital outlay and debt serv ice, an amount equivalent to a uniform tax levy of fifty cent3 per one hundred dollars ($100) of true valuation of local taxable wealth within such county or city. The true valuation of local taxable wealth used for this purpose shall be that determined by the State Department of Taxation for the tax year 1950. Item 143 For special education..........................................................$ It is provided that a sum, not less than $5,000 each year, be transferred from this appropriation to the general fund of the State treasury as a proportionate share of the administrative expenses of the State Board of Education. $ 757,450 $ 4,845,025 (2) For the purpose of aiding those counties and/or cities which are experiencing extraordinary continuing increases in average daily attendance, thereby requiring employment of additional teachers in excess of the number anticipated on the basis of average daily attendance of pupils enrolled dur ing the preceding school year. Item 149 For sick leave with pay for teachers in the public free schools, to be expended in accordance with regula tions of the State Board of Education, subject to the prior written approval of the Governor.................$ 69 �First Year Second Year Item 150 For providing free text books only....................................$ 225,000 $ 245,000 Item 151 For maintenance of libraries and other teaching material in public schools.......................................................... $ 532,950 $ 573,450 551,430 $ 595,100 7,425 $ 7,430 Item 152 For maintenance of libraries and other teaching materials in public schools, to be paid only out of the funds re ceived from localities, and paid into the State treas ury, and not out of the general fund of the State treasury, estimated at....................................$300,000 the first year, and $330,000 the second year. Item 153 For industrial rehabilitation.............................................. $ Item 154 For industrial rehabilitation to be paid only from funds received from the Federal government and from local contributions for any such rehabilitation and not out of the general fund of the State treasury, estimated a t ................................................................. $1,136,870 the first year, and $1,224,200 the second year. Item 155 For industrial rehabilitation to be paid from the fund for the administration of the Workmen’s Compensation Act and not out of the general fund of the State treasury ................................................. $17,000 each year. Item 156 For placement and training of veterans in business estab lishments .....................................................................$ Item 157 For placement and training of veterans in business estab lishments, to be paid only out of funds received from the Federal government for this purpose, and not out of the general fund of the State treasury....... $91,875 the first year, and $92,670 the second year. Item 158 For the education of orphans of soldiers, sailors and marines who were killed in action or died, or who are totally and permanently disabled as a result of serv ice during the World War......................................... $ It is provided that the sum hereby appropriated shall be expended for the sole purpose of providing for tuition, institutional fees, board, room rent, books and supplies, at any educational or training institu tion of collegiate or secondary grade in the State of Virginia, approved in writing by the Superintendent 70 of Public Instruction, for the use and benefit of the children not under sixteen and not over twenty-five years of age, either of whose parents was a citizen of Virginia at the time of entering war service and was killed in action or died from other causes in World War I extending from April 6, 1917, to July 2, 1921, or in any armed conflict subsequent to Decem ber 6, 1941, while serving in the army, navy, marine corps, air force or' coast guard of the United States, either of whose parents was, or is, or may hereafter become totally and permanently disabled due to such sendee during either such period, whether such parents be now living or dead. Such children, upon recommendation of the Super intendent of Public Instruction, shall be admitted to State institutions of secondary or college grade, free of tuition. The amounts that may be, or may become, due here under by reason of attendance at any such educa tional or training institution, not in excess of the amount specified hereinafter shall be payable from this appropriation hereby authorized on vounchers ap proved by the Superintendent of Public Instruction. The Superintendent of Public Instruction shall determine the eligibility of the children who may make application for the benefits provided for herein; and shall satisfy himself of the attendance and satis factory progress of such children at such institutions and of the accuracy of the charge or charges sub mitted on account of the attendance of any such chil dren at any such institution, provided, that neither said Superintendent nor any member of the State Board of Education, nor any official or agent or em ployee thereof, shall receive any compensation for such services. Not exceeding four hundred dollars shall be paid hereunder for any one child for any one school year; and no child may receive benefits of this or similar appropriations for a total of more than four school years. First Year Second Year This amendment shall not operate to divest any such child of any such scholarship now holding any such scholarship under this act except that the fouryear limitation herein provided for shall apply to any scholarship heretofore issued. 18,000 $ 18,000 Item 158-A To further and encourage generally the education of the children in Virginia, by providing for the payment of tuition grants for children attending nonsectarian private schools and public schools located in school districts other than that which the children would normally attend, a sum sufficient, estimated at..........$1,2,00,000 a. The sums appropriated by this item shall be expended to provide tuition grants to pupils attend ing those said schools which are approved for their attendance by the State Board of Education, and 71 $ * �shall be made under rules and regulations to be promulgated and enforced by the State Board of Education. Such grants shall be paid out of this ap propriation to the parent, guardian or other custodian school session 1958-59 *, or the amount necessary to be expended in payment of the actual cost of such pupil’s attendance at said school, whichever sum is the lesser. b. Pupils entitled to tuition grants hereunder shall be those whose parents, guardians or custodians make affidavit, and establish to the satisfaction of the State Board of Education, that there is no adequate public school available for the pupil to attend, or that the welfare of the child would be best served if he attended a school other than the public school which he would normally attend; or that the pupil, his parents, guardian or custodian object upon grounds deemed valid and reasonable by the State Board of Education to such pupil’s attendance at the public school to which he has been or would normally be assigned. Nothing herein contained shall be con strued as prohibiting localities from supplementing such grants from local funds otherwise legally avail able. First Year Second Year p r o v id e d , h o w e v e r , th a t th e t u itio n c h a r g e f o r a n y s u c h p e r s o n s h a ll n o t e xc e e d th e to ta l p e r c a p ita c o st o f e d u c a tio n , e x c lu s iv e o f c a p ita l o u tla y a n d d e b t s e r v ic e , f o r h ig h sch o o l o r e le m e n ta r y p u p ils , a s th e ca se m a y be, o f s u c h c o u n ty , c ity o r to w n . 2. $ 2,500,000 Out of the funds appropriated by this item there shall be paid to each county, city, and town for each such scholarship grant m a d e by such locality an amount equal to the State’ share of the m i n i m u m s amount of such scholarship as such share is defined by law. (ITEMS 159 THRU 471 UNCHANGED) 2. This act is in force from its passage. A That §§ 22-194 and 22-196 of the Code are hereby repealed. A B I L L to a u th o r iz e a n y p e r s o n , fir m o r c o r p o r a tio n to u s e a n y e x i s tin g b u ild in g f o r th e p u r p o s e o f o p e r a tin g a p r iv a t e e le m e n ta r y o r h ig h s c h o o l n o tiv ith s ta n d in g th e p r o v is io n s o f a n y o th e r s ta tu te , c ity c h a r te r , o r o rd in a n c e . Item 158-B To assist localities in providing, in accordance with law, scholarships to children attending nonsectarian pri vate schools located in or outside and public schools located outside the locality in which such children reside, a s u m sufficient estimated at........................ persons other than those defined in § 22-218 who are residents of the State of Virginia may attend school in such county, city or town, and may charge tuition for the attendance of such persons in such schools, Be it enacted by the General Assembly of V irginia: 1. § 1. Notwithstanding the provisions of any other statute, the pro visions of any city charter, local ordinance, zoning requirement, plumbing or building code or any other requirement of any city, town or county, any person, firm or corporation desiring to operate a private elementary or high school for the education of any of the children of any county, city or town in this Commonwealth may with the permission of the owner, lessee or other person having control of any building now existing occupy any such building and use the same for the purpose of operating such school without securing any occupancy, use or other permit from any local au thority or official and without complying with the requirements of any such statute, charter, provisions, local ordinance, zoning requirement, or plumbing or building code or other requirement, provided such person, firm, or corporation secures a permit to use such building for such purpose from the State Department of Education. The State Department may, with the approval of the State Fire Marshal, grant such a permit if it is satis fied that such school can be operated in such building without endangering the health or safety of the children attending such school. Any such permit issued by the State Department of Education shall be effective for a period of one year only unless extended by the State Department of Education. Such extension shall be for not more than one additional year. 2. An emergency exists and this act is in force from its passage. B I L L to a m e n d a n d r e e n a c t § 2 2 -2 1 9 , a s a m e n d e d , o f th e C o d e o f V i r g in ia , r e la t in g to th e a tte n d a n c e o f c h ild r e n r e s id in g i n th e S t a t e i n th e ■public s c h o o ls o f a c o u n ty , c ity , o r to w n in w h ic h s u c h c h ild r e n d o n o t r e s id e , s o a s to p r o v id e t h a t th e t u i t i o n c h a r g e d f o r a tt e n d a n c e s h a ll n o t e x c e e d th e p e r c a p ita c o s t o f e d u c a tio n , e x c lu s iv e o f c a p ita l o u tla y a n d d e b t s e r v ic e ; a n d to r e p e a l §§ 2 2 -1 9 4 a n d 2 2 -1 9 6 o f t h e C o d e, r e la t in g to t u itio n c h a r g e s to c h ild r e n a tte n d in g h ig h s c h o o ls. Be it enacted by the General Assembly of Virginia: 1. T hat § 22-219, as amended, of the Code of Virginia, be amended and reenacted as follows: § 22-219. The school board of each county, city or town operating as a separate school district shall have the power to make regulations whereby 72 73 �Repeal of Laws Bills A B I L L to r e p e a l C h a p te r 68 o f th e A c t s o f A s s e m b l y o f 1 9 5 6 , E x t r a S e s s io n , a p p r o v e d S e p t e m b e r 2 9 , 1 9 5 6 , a s a m e n d e d , w h ic h w a s c o d ifie d a s §§ 2 2 -1 8 8 .3 , 2 2 -1 8 8 A , 2 2 -1 8 8 .5 , 2 2 -1 8 8 .6 , 2 2 -1 8 8 .7 , 2 2 -1 8 8 .8 , 2 2 -1 8 8 .9 , 2 2 -1 8 8 .1 0 , 2 2 -1 8 8 .1 1 , 2 2 -1 8 8 .1 2 , 2 2 -1 8 8 .1 3 , 2 2 -1 8 8 .1 4 a n d 2 2 -1 8 8 .1 5 o f t h e C o d e o f V ir g in ia , r e la t in g to th e c lo s in g o f s c h o o ls ; C h a p te r 69 o f t h e A c t s o f A s s e m b ly o f 1 9 5 6 , E x t r a S e s s io n , a p p r o v e d S e p t e m b e r 2 9 , 1 9 5 6 , w h ic h iv a s c o d ifie d a s §§ 2 2 -1 8 8 .3 0 , 2 2 -1 8 8 .3 1 , 2 2 -1 8 8 .3 2 , 2 2 -1 8 8 .8 3 , 2 2 -1 8 8 .3 4 , 2 2 -1 8 8 .3 5 , 2 2 -1 8 8 .3 6 , 2 2 -1 8 8 .3 7 , 2 2 1 8 8 .3 8 , 2 2 -1 8 8 .3 9 a n d 2 2 -1 8 8 .4 0 o f th e C o d e, r e la t in g to S t a t e e s ta b lis h e d s c h o o l s y s t e m s ; C h a p te r 41 o f th e A c t s o f A s s e m b l y o f 1 9 5 8 , a p p r o v e d F e b r u a r y 17, 1 9 5 8 , w h ic h iv a s c o d ifie d a s §§ 2 2 -1 8 8 .4 1 , 2 2 1 8 8 .4 2 , 2 2 -1 8 8 .4 3 , 2 2 -1 8 8 .4 4 a n d 2 2 -1 8 8 .4 5 ; a n d C h a p te r 3 1 9 o f th e A c t s o f A s s e m b l y o f 1 9 5 8 , a p p r o v e d M a r c h 1 3 , 1 9 5 8 , w h ic h iv a s c o d i fie d a s §§ 2 2 -1 8 8 .4 6 , 2 2 -1 8 8 .4 7 , 2 2 -1 8 8 .4 8 a n d 2 2 -1 8 8 .4 9 o f th e C o d e, r e la t in g to s c h o o ls p o lic e d o r d is tu r b e d u n d e r f e d e r a l a u th o r ity . Guard or any other military troops or other personnel, military or civil, are employed or used under any Federal Authority for the purpose of policing the operation of any public school in the locality or for the purpose or alleged purpose of preventing acts or alleged acts of violence in such locality. Such school shall remain closed so long as such military forces or other personnel, military or civil, are deployed in such locality for that purpose and thereafter until the school board finds th at the orderly ad ministration of the public schools of such locality may be resumed. Be it enacted by the General Assembly of V irginia: 1. That Chapter 6 8 of the Acts of Assembly of 1956, E xtra Session, approved September 29, 1956, as amended, which was codified as §§ 22188.3, 22-188.4, 22-188.5, 22-188.6, 22-188.7, 22-188.8, 22-188.9, 22-188.10, 22-188.11, 22-188.12, 22-188.13, 22-188.14, and 22-188.15 of the Code, Chapter 69 of the Acts of Assembly of 1956, E xtra Session, approved September 29, 1956, which was codified as §§ 22-188.30, 22-188.31, 22188.32, 22-188.33, 22-188.34, 22-188.35, 22-188.36, 22-188.37, 22-188.38, 22-188.39 and 22-188.40 of the Code, Chapter 41 of the Acts of Assembly of 1958, approved February 17, 1958, which was codified as §§ 22-188.41, 22-188.42, 22-188.43, 22-188.44 and 22-188.45 of the Code, and Chapter 319 of the Acts of Assembly of 1958, approved March 13, 1958, which was codified as §§ 22-188.46, 22-188.47, 22-188.48 and 22-188.49 of the Code, are hereby repealed. A B I L L to a u th o r iz e s c h o o l b o a r d s to clo se th e p u b lic s c h o o ls i n a n y sc h o o l d i s t r i c t w h e n e v e r th e o r d e r ly a d m i n i s t r a t i o n o f th e e d u c a tio n a l p r o c e s s i s d is r u p te d o r d is tu r b e d b e c a u s e o f th e u s e o f m i l i t a r y fo r c e s o r o th e r p e r s o n n e l u n d e r F e d e r a l a u t h o r i t y f o r th e p u r p o s e o f p o lic in g t h e o p e r a tio n o f a n y s c h o o l i n t h e d i s t r i c t o r to p r e v e n t v io le n c e o r d is o r d e r i n s u c h d is tr i c t. Be it enacted by the General Assembly of Virginia: 1. § 1. The General Assembly hereby declares that it is impossible to provide proper instruction for children in schools whenever military forces or other personnel, m ilitary or civil under Federal authority are used for the purpose of policing the operation of the public schools and that the orderly administration of the educational processes can only be provided without resort to m ilitary occupation or control. § 2. The School Board of any county, city or town if the same be a separate school district approved for operation, is hereby authorized to close the schools of such county, city or town whenever the National 74 75 �Conclusion Resolution HOUSE JOINT RESOLUTION NO. C o m m e n d in g t h e sc h o o l te a c h e r s o f V i r g in ia . Whereas, the education of youth is a m atter of greatest importance to the health and happiness, of the citizens of the Commonwealth; and Whereas, the teaching profession is highly valued and respected in a free and growing society; and Whereas, the school teachers of the State have generally continued to perform their duties in an unselfish and competent manner despite the uncertainties and inconveniences which have resulted from the present school crisis; now, therefore, Resolved by the House of Delegates, the Senate concurring. That the General Assembly commends the teachers in the schools who have been so loyal to the best interests of their pupils and the people of this Com monwealth and assures the members of the teaching profession that whatever course may be taken in dealing with the present crisis the mem bers of the General Assembly will continue to be deeply concerned with the welfare and interest of the teachers. 76 III � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Education in Virginia: Report of the Commission on Education to the Governor of Virginia. Description An account of the resource Published in 1959, includes the Majority Report, Concurring Statements, and Dissenting Report Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Commonwealth of Virginia Date A point or period of time associated with an event in the lifecycle of the resource 1959 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_1_6_1_2_41 https://projectdaps.org/files/original/390998abedee7b3c2800d7d186d1528f.pdf 78a1087a34280755b4d01e8358cf1248 PDF Text Text BULLETIN STATE BOARD OF EDUCATION Vol. XXXVH OCTOBER 1 9 5 4 No. 4 Virginia School Laws 1954 Cumulative Supplement (In c l u d in g R e g u l a t io n s o f th ® St a t e B oa r d o f E d u c a t io n ) �I BULLETIN STATE BOARD OF EDUCATION Virginia School Laws 1954 Cumulative Supplement Containing the A cts of A ssem bly of 1952 an d 1954 am ending the provisions appearing in the 1950 E dition and the R egulations of the S tate B oard of E ducation adopted SEX since the publication of the 1950 Edition. E D U C A T IO N No films, film strips, nor slides on sex education shall be shown to the students in any public school in Virginia unless such films, film strips, or slides have been first approved by the State Board of Education for this purpose; and no book nor pamphlet on sex education shall be made available for circulation through the school libraries for the stu dents of any public school; nor any textbooks adopted locally and used in any public school which deal with sex education unless such books or pamphlets have been similarly approved by the State Board of Education. (AMENDED REGULATION APPROVED BY STATE BOARD OF EDUCATION OCTOBER 28, 1954, Vol. 25, page 83.) Vol. XXXVII O C T O B E R 1954 No. 4 �Table of Contents Co n s t it u t io n o f V ir g in ia pa g e Art. IX. Education and Public Instruction .................................................... Co de o f V 5 ir g in ia Title 22. Education .............................................................................................. 7 Title 23. Educational Institutions ....................................................................... 34 M is c e l l a n e o u s P r o v is io n s a n d CopvnioHT 1954 BY Th e M ic h ie Co m pa n y Title Title P u b l ic P In e r t a in in g t o E d u c a t io n s t r u c t io n 1. General P r o v i s i o n s ............................................................................... 49 Administration of the Government Generally .................................. 49 2. Title 15. Counties, Cities and Towns ................................................................. 51 Title 18. Crimes and Offenses Generally .......................................................... 61 Title 33. Highways, Bridges and Ferries............................................................ 61 Title 37. Insane, Epileptic, Feeble-Minded and Inebriate Persons................. 61 Title Title Title Title 46. 51. 55. 58. Motor Vehicles ..................................................................................... Pensions and Retirement ..................................................................... Property and Conveyances................................................................... Taxation ................................................................................................ 62 68 68 69 Title 63. Welfare .................................................................................................. 71 Regulations of the State Board of Education.................................................... 73 Table ...................................................................................................................... 91 Index ...................................................................................................................... 93 �Constitution of Virginia ARTICLE VII. O r g a n iz a t io n a n d Go v er n m en t o f Co u n t ie s . § 115a. Power of counties and districts to borrow money and to is sue evidences of indebtedness restricted. C ro s s re fe r e n c e . — A s to a u th o rity o f s c h o o l b o a rd s to b o rr o w fro m V irg in ia S u p p le m e n ta l R e tire m e n t S y s te m , see § 2 2 - 1 20. 1. P ro p o s e d a m e n d m e n t.— A n a m e n d m e n t to th is s e c tio n , w h ic h , b e sid e s a m in o r c h a n g e in la n g u a g e , w o u ld ad d a p a r a g ra p h p e r m ittin g th e G e n e ra l A s s e m b ly to a u th o riz e c o u n ty s c h o o l b o a rd s , w ith o u t a n ele ctio n , to b o rr o w m o n e y fro m th e V irg in ia S u p p le m e n ta l R e tire m e n t S y ste m , w a s p ro p o s e d a n d a g r e e d to by th e G e n e ra l A s s e m b ly a t th e 1952 s essio n (A c ts 1952, c. 719), a n d re fe r re d to th e 1954 s e s sio n . I t w a s ag a in a g r e e d to a t t h a t s e s sio n (A c ts 1954, cc. 555, 711) a n d o rd e re d to b e s u b m itte d to th e p eo p le a t th e g e n e r a l e le c tio n to be h eld on N o v e m b e r 2 , 1954. L i t e r a r y lo a n o b lig a tio n s so ld to V ir g in ia R e tire m e n t S y s te m .— S e c tio n s 2 2 -1 1 2 a n d 51-76 o f th e C o d e, in s o fa r a s th e y re la te to in v e s tm e n t o f fu n d s of th e V irg in ia R e tire m e n t S y s te m o n lo an s m a d e fro m th e L i t e r a r y F u n d , w e re a tta c k e d as co n tr a v e n in g th is s e c tio n a n d § 135 o f th e C o n s titu tio n . C a re fu l e x a m in a tio n of th e o p in io n o f th e C o u rt, th e c o n c u rrin g o p in ion, a n d th e d is s e n tin g o p in io n is n e c e s s a ry to d e te rm in e th e u ltim a te h o ld in g o n th e q u e s tio n s in v o lv e d . A lm o n d v. G ilm er, 188 V a . 1 , 49 S. E . (2 d ) 431. ARTICLE IX. E d u c a t io n a n d P u b l ic In s t r u c t io n . § 129. Free schools to be maintained. E q u a l fa c ilitie s m u s t b e a ffo rd e d to e a ch ra c e w h e re t h e r e is s e g r e g a tio n in th e p u b lic s c h o o ls. C o rb in v. C o u n ty S chool B o a rd , 177 F . ( 2 d ) 924. A b s o lu te e q u a lity is im p ra c tic a l, b u t s u b s ta n tia l e q u a lity is re q u ir e d b y th e m a n d a te o f th e F o u r te e n th A m e n d m e n t o f th e U n ite d S ta te s C o n s titu tio n . Q u e s tio n s o f m e re e x p e d ie n c y o r th e difficul tie s w h ic h sc h o o l a u th o ritie s m a y h a v e in s e c u rin g th is c o n s titu tio n a l rig h t m a y n o t b e c o n s id e re d . C o rb in v. C o u n ty S ch o o l B o a rd , 177 F . (2 d ) 924. 132. Powers and duties of State Board of Education. A u th o rity to g r a n t e a s e m e n t o v e r S ta te o w n e d p ro p e rty .— T h e S ta te B o ard o f E d u ca tio n d o es n o t h a v e p o w e r a lo n e to g ra n t an e a s e m e n t o r r i g h t o f w ay fo r a g a s lin e th ro u g h S ta te o w n e d p ro p e rty . T h e B o a rd , w ith th e c o n s e n t of th e G o v e rn o r, w ould h a v e a u th o rity to g r a n t su ch an e a s e m e n t s u b je c t t o th e a c tio n th e re o n by th e G e n e ra l A s s e m b ly . R ep . A tty . G en.. 1950-51, p. 275. S ee § 23-9.1. § 133. School districts; school trustees.—The supervision of schools in each county and city shall be vested in a school board, to be composed of trustees to be selected in the manner, for the term and to the number provided by law. Each magisterial district shall constitute a separate school district, unless other wise provided by law, and the magisterial district shall be the basis of representa tion on the school board of such county or city, unless some other basis is pro vided bv the General Assembly; provided, however, that in cities of one hundred and fifty thousand or over, the school boards of respective cities shall have power, subject to the approval of the local legislative bodies of said cities, to prescribe the number and boundaries of the school districts. The General Assembly may provide for the consolidation, into one school divi sion, of one or more counties or cities with one or more counties or cities. The supervision of schools in any such school division may be vested in a single school [5] �1 § 135 V ir g in ia Sc h o o l L a w s Su ppl e m e n t § 141 board, to be composed of trustees to be selected m the manner, for the term and to the number provided by law. Upon the formation of any such school board for any such school division, the school boards of the counties or cities in the school division shall cease to exist. There shall be appointed by the school board or boards of each school division, one division superintendent of schools, who shall be selected from a list of eligibles certified by the State Board of Education and shall hold office for four years. In the event that the local board or boards fail to elect a division superintendent with in the time prescribed by law, the State Board of Education shall appoint such division superintendent. A m e n d m e n t ra tifie d N o v e m b e r 7, 1950. — T h e a m e n d m e n t s e t o u t as a p roposed a m e n d m e n t to th is sec tio n in th e o rig in al n o te to th is s e c tio n , h a v in g been a g re e d to fo r th e s e c o n d tim e by th e G e n era l A s s e m b ly a t its 1950 s essio n (A c ts 1950, pp. 375, 1618), a n d s u b m itte d to th e p e o p le a t th e g e n e ra l ele c tio n h eld N o v e m b e r 7, 1950, w a s a d o p te d . I t s effec t w a s to in s e r t th e p re s e n t s e c o n d p a ra g ra p h . A p p lie d in J o y v. G reen , 194 V a . 1003, 76 S. E . (2 d ) 178. § 135. Appropriations for school purposes, school age. I n t e r e s t o n l ite r a r y lo an ob lig atio n s so ld t o V irg in ia R e tire m e n t F u n d .— S ec tio n s 2 2 -1 1 2 a n d 51-76 o f th e C ode, in so fa r a s th e y r e la te t o in v e s tm e n t of funds o f th e V irg in ia R e tire m e n t S y ste m in lo a n s m a d e fro m th e L ite ra ry F u n d , w ere a tta c k e d a s c o n tra v e n in g th is section and § 115a o f th e C o n s titu tio n . C are fu l e x a m in a tio n o f th e o p in io n o f th e C o u rt, th e c o n c u rrin g o p in io n , a n d th e d is s e n tin g o p in io n is n e c e s s a r y t o d e te rm in e th e u lti m a te h o ld in g s on t h e q u e s tio n s in v o lv ed . A lm o n d v. G ilm er, 188 V a . 1, 49 S. E . (2 d ) 431. S ee n o te to § 51-76 o f th e C ode. § 140. Mixed schools prohibited. E q u a l s c h o o l fa cilities re q u ired .— T he s e g r e g a tio n re q u ir e d b y th is sec tio n and § 2 2-2 2 1 o f th e C o d e is invalid if colored c h ild re n a r e d is c rim in a te d a g a in st, and s u b s ta n tia lly e q u a l fa cilities a re denied th e m b y v irtu e o f th e ir ra c e an d color. A b s o lu te e q u a lity is im p ra c tic a l but sub s ta n tia l e q u a lity is re q u ire d b y th e m an d a te o f th e F o u r te e n th A m e n d m e n t to th e fe d e ra l C o n s titu tio n . C o rb in v. C ounty S chool B o a rd , 177 F . (2 d ) 924. V a lid ity o f re q u ir e d s e p a ra tio n .— S ee D a v is v. C o u n ty S ch o o l B o a rd , 103 F . S upp. 337. S e g re g a tio n o f ra c e s in S ta te s u p p o rte d c o lleg e s a n d u n iv e rs itie s . — U n iv e r s ity o f V irg in ia L a w S ch o o l w o u ld h av e to a d m it qualified N e g ro s tu d e n t as g ra d u a te s tu d en t. R ep . A tty . G en., 1950-51, p. 58. § 141. State appropriations prohibited to schools or institutions of learning not owned or exclusively controlled by the State or some sub division thereof; exceptions to rule.—No appropriation of public funds shall be made to any school or institution of learning not owned or exclusively con trolled by the State or some political subdivision thereof; provided, first, that the General Assembly may appropriate funds to an agency, or to a school or institu tion of learning owned or controlled by an agency, created and established by two or more states under a joint agreement to which this State is a party for the purpose of providing educational facilities for the citizens of the several states joining in such agreement; second, that counties, cities, towns and districts may make appropriations to nonsectarian schools of manual, industrial, or technical training, and also to any school or institution of learning owned or exclusively controlled by such county, city, town, or school district. A m e n d m e n t ra tifie d N o v . 4, 1952.—T h e a m e n d m e n t to th is se c tio n p ro p o s e d and a g re e d to b y t h e G e n e ra l A s s e m b ly a t its 1950 s e s s io n ( A c ts 1950, p. 1620) an d re fe rre d to th e 1952 s e s s io n , w a s ag a in a g re e d to a t t h a t s e s s io n (A c ts 1952, cc. 42 a n d 717) a n d s u b m itte d to th e p eo p le a t th e g e n e ra l e le c tio n h eld N o v e m b e r 4, 1952, w h e n it w a s a d o p te d . T h e effect of th e a m e n d m e n t is t o p e r m it th e G e n era l A s s e m b ly to a p p r o p ria te fu n d s to an ag e n cy , o r t o a sch o o l o r in s titu tio n o f le a rn in g c re a te d b y tw o o r m o re s ta te s , u n d e r an a g re e m e n t t o w h ich th e S ta te is a p a r ty , f o r th e p u rp o s e of p ro v id in g e d u c a tio n a l fa cilities fo r th e citize n s o f th e s e v e ra l s ta te s jo in in g in su ch a g re e m e n t. f61 Code of Virginia Title 22. Education. CHAPTER 1. Ge P n er a l S ec. 22-7.1. S c h o o l c o n s o lid a tio n a g r e e m e n ts v a lid a te d . 22-9. V is u a lly h a n d ic a p p e d ch ild re n . 22-9.1. S p ecia l e d u c a tio n f o r o th e r h a n d i c a p p e d p e rs o n s . r o v is io n s . Sec. 22-9.2. A s s is tin g lo ca l s c h o o l d iv isio n s in in s tr u c tin g th e h a n d ic a p p e d . 22-9.3. A d v is o ry C o u n cil o n S p ecia l E d u c a tio n . § 22-5. Minimum term.—The school board of each county and city in the State is empowered and required to maintain the public free schools of such county and city for a period of at least nine months or one hundred and eighty teaching days in each school year; provided, however, that with the consent of the State Board the length of the term of any school may be reduced to not less than eight months. Provided, however, that if the length of the term of any school be re duced as permitted by this section, the amount paid by the State shall be reduced in the same proportion as the length of the term has been reduced from nine months. (1938, p. 636; 1942, p. 105; Michie Code 1942, § 678b; 1944, p. 580; 1946. p. 164; 1952, c. 583.) T h e 1952 a m e n d m e n t added the second proviso. § 22-7. Joint schools for counties or for counties and cities or towns.—The school boards of counties or of counties and cities, or of counties and towns operating as separate special school districts, may, with the consent of the State Board, establish joint schools for the use of such counties or of such counties and cities or of counties and towns operating as separate special school districts, and may purchase, take, hold, lease, convey and condemn, jointly, prop erty, both real and personal, for such joint schools. Such school boards, acting jointly, shall have the same power of condemnation as county school boards ex cept that such land so condemned shall not be in excess of thirty acres in a county or city for the use of any one joint school. The title of all such property ac quired for such purposes shall vest jointly in such school boards of the counties or counties and cities or counties and towns operating as separate special school districts in such respective proportions as such school boards may determine, and such schools shall be managed and controlled by the boards jointly, in accordance with such rules and regulations as are promulgated by the State Board. How ever, such rules and regulations in force at the time of the adoption of a plan for the operation of a joint school shall not he changed for such joint school by the State Board without the approval of the local school boards. (Code 1919, § 701; 1928, p. 1208; 1940, p. 645; 1942, p. 49; Michie Code 1942, § 670; 1946, p. 46; 1947, p. 20; 1948, p. 1015; 1954, c. 638.) T h e 1954 a m e n d m e n t s u b s titu te d in th e s e c o n d s e n te n c e th e w o rd s “ t h ir ty a c re s ” f o r “ tw e n ty a c re s ” , a n d in s e rte d in th e th ir d s e n te n c e t h e w o rd s “o r c o u n tie s an d to w n s o p e r a tin g a s s e p a ra te sp e c ia l sch o o l d is tr ic ts ” . § 22 -7 .1 . School consolidation agreements validated. — Any agree17] �§ 22-9 V ir g in ia Sc h o o l L a w s Su 22-9.3 ppl e m e n t ment heretofore made between a city and a county providing for consolidation of schools is hereby validated. (1954, c. 291.) T h e n u m b e r o f th is sec tio n w as a s s ig n e d by th e V irg in ia C ode C o m m issio n , th e 1954 a c t h av in g a ssig n e d n o n u m b er. E ffe c tiv e d a te .— T h e a c t in s e rtin g th is se c tio n b e c a m e e ffec tiv e J u n e 29, 1954. § 22-9. Visually handicapped children. — When six or more blind or partially blind children are found in a county or city, the local school authorities, in co-operation with the Virginia Commission for the Visually Handicapped, may establish and maintain special classes for their education in the public schools, which classes shall be operated jointly by the local school board and the Virginia Commission for the Visually Handicapped. Lor the practical interpretation of this section a definition of a blind or partially blind child is as follows: A blind child is a child who does not have useful vision or who cannot see large objects at close range. A partially blind child is a child who has twenty-seventieths vision or less in the best eye, or one who has some progressive eye trouble, which, in the opinion of a competent ophthalmologist, makes it necessary for the child to attend a special school, or a special class in the public schools. (1930, p. 53; Michie Code 1942, § 681; 1954, c. 71.) T h e 1954 a m e n d m e n t ch a n g e d th e n a m e o f th e V irg in ia C o m m issio n fo r th e B lin d Sc sio n , th e n u m b e rs . 1954 act h a v in g a s s ig n e d no § 22-9.2. Assisting local school divisions in instructing the handi capped.—From funds provided by law, the State Board of Education may assist local school divisions to employ and pay teachers to instruct special classes for the handicapped, including the orthopedically handicapped, speech defective chil dren, homebound children, children and adults confined to hospitals, and children who require other special instruction whether by reason of mental retardation, cerebral palsy, physical deficiency or otherwise. (1954, c. 148.) § 22-9.3. Advisory Council on Special Education. — There is hereby created an Advisory Council on Special Education composed of nine members to be appointed as follows: One member from the Senate to be appointed by the President thereof, two members from the House of Delegates to be appointed by the Speaker; one member from the Department of Education, one member from the Department of Health, one member from the Department of Mental Hygiene, and three members, at large, all to be appointed by the Governor. The term of office of such members shall be for four years, and the members appointed by the Governor shall be subject to reappointment for one additional term at the pleasure of the Governor. The Council shall meet at least once a year. The Council shall study the various phases of the program for handicapped persons and make such recommendations to the State Board of Education as the Council deems appropriate and proper. The Council shall also make and submit to the Governor from time to time such reports and recommendations as it deems nec essary and expedient. (1954, c. 148.) I8 1 D h o o l § 22-35 iv is io n CHAPTER 2. St a t e Bo a r d o f E d u c a t io n . S ec. 22-21. E n c o u r a g e m e n t o f e le m e n ta ry a n d s e c o n d a ry s c h o o ls : k in d e rg a rte n a n d n u rs e ry sch o o ls. § 22-21. Encouragement of elementary and secondary schools; kindergarten and nursery schools.—The State Board is authorized and re quired to do all things necessary to stimulate and encourage local supervisory ac tivities and interest in the improvement of the elementary and secondary schools, and further, the State Board in its discretion may recommend provisions for standards for public and nonpublic kindergarten and nursery schools; provided, however, that no such nonpublic kindergarten or nursery school shall hold itself out to the public as having been sanctioned or approved by the State Board of Education. (1928, p. 1194; Michie Code 1942, § 627; 1954, c. 326.) T h e 1954 a m e n d m e n t a d d e d th e p ro v i sio n s re la tin g to k in d e rg a rte n an d n u rs e ry sch o o ls. to th e V irg in ia C o m m is s io n fo r th e V is u ally H a n d ic a p p e d . § 22-9.1. Special education for other handicapped persons. — The State Board of Education is authorized to prepare and place in operation a pro gram of special education designed to educate and train physically handicapped, emotionally disturbed and mentally retarded individuals without regard to whether they are of school age. In the development of such program, the State Board of Education shall assist and co-operate with local school boards in the several school divisions. The State Board of Education is authorized to adopt such rules and regulations as may be necessary to secure adequate special school services for handicapped individuals. (1954, c. 148.) T h e n u m b e rs of §§ 22-9.1 to 22-9.3 w e re a ssig n e d by th e V irg in ia C ode C o m m is- 5 22-21 CHAPTER 4. Sc h o o l D iv is io n s . § 22-30. How division made. C ro s s re fe r e n c e .— A s to s c h o o l b o a rd s o f d iv isio n s c o m p ris in g tw o o r m o re p o liti c a l su b d iv is o n s , see §§ 2 2 - 100.1 c t seq. § 22-33. When State Board to appoint superintendent.—In the event that the local school board fails to elect a division superintendent within the time prescribed by the preceding section, the State Board shall appoint such division superintendent. In case of a vacancy occurring during the regular four-year term of office of a division superintendent, if the local school board fails to appoint a division superintendent within sixty days from the date of such vacancy, the State Board of Education shall appoint such division superintendent for the unex pired term. (Code 1919, § 624; 1928, p. 1202: 1930, p. 883; 1936, p. 501: Michie Code 1942, § 649: 1946, p. 566; 1954, c. 638.) T h e 1954 a m e n d m e n t a d d e d th e sec o n d sen ten c e. § 22-35. Certain officers ineligible for superintendent. — No federal officer or employee, no State officer, except appointees by the Governor, no State employee, no deputy of such officers, no officer or employee or the deputy of such officer of a city, county or town, no member of the council of a city or town, and no chairman of any political party, shall be eligible to the office of division super intendent of schools. (Code 1919, § 779; 1928, p. 1202; 1930, p. 883; Michie Code 1942, § 650; 1954, c. 334.) T h e 1954 a m e n d m e n t m a d e th e c h a ir m an of a p o litic a l p a r ty in elig ib le fo r th e office o f d iv isio n s u p e r in te n d e n t o f sch o o ls. �§ 22-42 V ir g in ia Sc h o o i. La w s Su ppl e m e n t § 22-43.1 CHAPTER 5. Sc h o o l D is t r ic t s . Sec. 22-43.3. [R ep e aled .] 22-43.4. S pecial sch o o l d is tric t fo r L e e s b u rg ab o lish ed . § 22-42. Counties as districts. A m a g is te ria l d is tr ic t c a n n o t be a s e p a r a te sc h o o l d is tric t. O n e o r m o re m a g is te ria l d is tric ts in a c o u n ty m a y n o t fo rm its o r th e ir ow n sch o o l d is tr ic t s e p a ra te a n d d is tin c t fro m a th ird m a g is te ria l d is tr ic t in th e c o u n ty . R ep. A tty . G en., 1952-53, p . 210. § 22-43. Special districts abolished; exceptions; certain towns may be constituted separate districts. — All special school districts and special town school districts except the special school district for the town of Lexington of Rockbridge county and the town of Bedford of Bedford county and the town of Fries of Grayson county, which are hereby preserved, are hereby expressly abolished, except the special town school district for the town of Kilmarnock in Lancaster county and all those special town school districts which have heretofore been established by and with the approval of the State Board, which are hereby expressly continued for the purpose for which established; provided, however, that the town of Herndon of Fairfax county and the town of Colonial Beach of Westmoreland county, and incorporated towns having a population of not less than three thousand five hundred inhabitants, according to the last United States census, may, by ordinance of the town council and by and with the approval of the State Board, be constituted separate school districts either for the purpose of representation on the county school board, or for the purpose of being operated as a separate school district under a town school board of three mehibers, ap pointed by the town council. In the event that such a town district be set up, to be operated by a board of three members, the members of such board shall be appointed in accordance with § 22-89, providing for the appointment of trustees in cities and of such members, one shall be designated by the town school board as a member of the county school board and entitled to serve as a member of the county board. (1942, p. 681; Michie Code 1942, § 653a2; 1944, p. 467; 1948, p. 484; Code 1950, § 22-43; 1950, p. 452; 1954, c. 638.) T h e 1954 a m e n d m e n t deleted references to the towns of Leesburg, Galax and Falls C h u rc h . S e c tio n in o p e ra tiv e a s to to w n o f H e r n d o n .— S e c tio n 15-339, w h e n re ad in co n n e c § 22-43.3 Lo c a l Bo [ 10 ] o f Sc T h o o l r u st ees § 22-43.4 tion of law in the county school board for school purposes; provided that in the event of the dissolution of the special town school district of the town of Bed ford, the school board of the county may with the approval of the governing body of the county pay to the town the fair value of such school property. Such ordi nance shall state what .disposition is to be made of any balance in the school funds of any such separate, special or special town school district at the time of its dissolution and shall provide for disposition of any outstanding bonded indebted ness of such school district. (1942, p. 681; Michie Code 1942, § 653a2; 1944, p. 467; 1948, p. 484; Code 1950, § 22-43; 1950, p. 452; 1954, cc. 220, 638.) T h e 1954 a m e n d m e n ts .— C h a p te r 220 o f th e A c ts o f 1954 a d d e d th e p ro v is o a t th e en d of th e firs t se n te n c e , a n d c h a p te r 638 o f th e A c ts o f 1954 d e le te d re fe re n c e s t o th e to w n s o f L e e s b u rg , F a lls C h u rc h a n d G a la x . T h e s e tw o c h a p te rs h a v e b ee n co m b in e d s o a s to g iv e effe c t to b o th a m e n d a to ry a c ts. § 22-43.3 : Repealed by Acts 1952, c. 316. § 22-43.4. Special school district for Leesburg abolished. — The special school district for the town of Leesburg of Loudoun county which was here tofore created and preserved under the provisions of § 22-43, is hereby abolished as of September one, nineteen hundred fifty-two. Such separate school district both within and without the town shall be and become a part of the county school system and shall be managed, operated and controlled by the county school board as a part of such system. All school property, real and personal, the title to which is held by the school board of such town shall vest by operation of law in the county school board for school purposes. Any balance of school funds in such separate district shall be transferred to the county school board and the county school board shall provide for the assumption of all obligations, including any bonded indebtedness, of such separate school district. The area heretofore in the special school district for the town of Leesburg shall be merged with Leesburg magisterial district. The terms of office of the member of the county school board from the town of Leesburg and the Leesburg magisterial district shall terminate upon the abolition of the special school district. At least thirty days prior thereto the school trustee electoral board for the county shall appoint a member of the school board to rep resent the Leesburg magisterial district for a term ending July one, nineteen hun dred fifty-four. (1952, c. 615.) tion w ith § 15-292, e x p re s s ly re p e a ls a n d re n d e rs in o p e ra tiv e th is s e c tio n in s o fa r as it ap p lies to th e to w n o f H e rn d o n . C o u n ty S ch o o l B o a rd v. H e rn d o n , 194 V a . 810, 75 S . E . (2 d ) 474. § 2 2 -4 3 .1 . Dissolution of certain special districts.—The special school districts for the town of Lexington of Rockbridge county and the town of Bed ford of Bedford county and the town of Fries of Grayson county, and the separate school district of the town of Herndon of Fairfax county, and the town of Colonial Beach of Westmoreland county, and any other such separate, special or special town school district, heretofore or hereafter created, by or under the provisions of the preceding section, whether for the purpose of representation on the county school board or for the purpose of being operated as a separate school district as above, may, by ordinance of the town council, or other governing body, and by and with the approval of the county school board and the State Board, be dis solved as a separate school district, and, upon dissolution, such separate school district shall be and become a part of the county school unit and shall be managed, operated and controlled by the county school board as a part of such unit, and all school property, real and personal, the title to which is held by the school board of any such separate, special or special town school district shall vest by opera- a r ds CHAPTER 6. Lo ca l Bo a r ds o f Sc h o o l T r u st ees . Sec. 22-100.4. Qualifications of members; or ganization and duties to be assigned by board as whole; board not to employ mem bers. A r tic le 3. B o a rd s in C o u n tie s H a v in g C o u n ty M a n a g e r o r C o u n ty E x e c u tiv e F o r m o f G o v e rn m e n t. Sec. 22-88.2. [R e p e a le d .] 22-100.5. A r tic le 5. B o ard s o f D iv is io n s C o m p risin g T w o o r M o re P o litic a l S u b d iv isio n s. J2 - 1 0 0 . 1. S in g le sc h o o l b o a r d a u th o riz e d . 22-100.2. H o w b o a rd e s ta b lis h e d . 22-100.3. H o w com posed; a p p o in tm e n t a n d te r m s o f m e m b e r s ; v a ca n cies. 22-100.6. 22-100.7. 22-100.8. [in B o a rd c o n s titu te s b o d y c o rp o r a te ; p o w e rs g e n e ra lly . C o m p e n s a tio n o f m em b ers. T r a n s f e r o f title t o s c h o o l p ro p e r ty ; a d ju d ic a tio n o f o w n e r ship. F in a n c ia l p la n o f o p e r a tio n of sc h o o ls. �§ 22-48 Sec. 22-100.9. V ir g in ia S c h o o l L a w s S u pp l E x p e n d itu re s fo r c a p ita l ou tlay p u rp o s e s a n d in c u rr in g in d e b te d n e s s fo r c o n s tru c tio n of b u ild in g s. emen t § 22-67 Sec. 22-100.10. F isc a l a g e n t. 22-100.11. E ffe c tiv e d a te fo r fo r m a tio n b o ard . 2 2 - 1 0 0 . 12 . D is s o lu tio n o f b o a rd . of A r t ic l e 1. General Provisions. § 22-48. Election of chairman and clerk.—At the first annual meeting of the school board of any county, city or town it shall elect one of its members chairman and on recommendation of the division superintendent, elect or appoint a competent person as clerk of the school board, and shall fix his compensation. However, the school board may, in its discretion, elect the division superintend ent to serve as clerk. The chairman and clerk shall be selected annually. (1922, p. 738. 1928, p. 1203; 1930, p. 886; 1934, p. 231; 1936, p. 504; 1942, p. 95; Michie Code 1942, § 655; 1948, p. 563; 1952, c. 593.) T h e 1952 a m e n d m e n t in s e rte d th e sec o n d sen ten c e. D iv isio n s u p e r in te n d e n t of sch o o l can n o w b e ele cted c le rk of sch o o l b o ard . R ep. A tty . G en. (S e p t. 5, 1951), 1951-52. R e v e r s in g fo rm e r o p in io n s, see R ep. A tty . G en. 1948-49, p. 195; R ep . A tty . Gen. 193435, p. 144. B u t a s c h o o l b o a r d m e m b e r ca n n o t. — I n view o f th is sec tio n a n d §§ 22-48.2, 2271 a n d 22-75, it a p p e a rs co n c lu siv e th a t th e law c o n te m p la te s so m e p e r s o n o th e r th a n a sch o o l b o a r d m e m b e r to a c t as c le rk o f th e s c h o o l b o a r d a n d it n e c e s s arily fo llo w s t h a t n e ith e r th e c le rk n o r th e m e m b e rs o f th e b o a r d m a y p e rfo rm th e d u tie s o r e x e rc is e th e p o w e rs c o n fe rre d u p o n th e o th e r. T h e office o f c le rk is in c o m p a tib le w ith th e office of a sch o o l b o ard m em b er. R ep . A tty . G en. (M a r. 9, 1954), 1953-54. § 2 2 -48.1. Vice chairman and deputy clerk. D e le g a tio n o f d u tie s o f sch o o l b o ard cle rk . — S ee R ep . A tty . G en. (M a rc h 9, 1954), 1953-54. A r t ic l e 2. Co u n t y S c h o o l B o a r d s G e n e r a l l y . § 2 2 - 6 0 . School trustee electoral boards. T h e officers a p p o in te d u n d e r th is sec tio n E lig ib ility to s e rv e o n s c h o o l t r u s te e a r c in c lu d e d w ith th e re s tric tio n s of § 22b o a rd .— T h e d e p u ty tr e a s u r e r is in elig ib le 213. R ep. A tty . G en. (A u g . 2 1 , 1951), lo r a p p o in tm e n t. R ep. A tty . G en., 1950-51, 1951-52. p. 262. § 22-62. Notice by electoral board of meeting for appointment. — Before any appointment is made by the school trustee electoral board it shall give notice, by publication for two successive weeks, in a newspaper having general circulation in such county of the time and place of any meeting for the purpose of appointing the members of the county school board. Such notice shall be given whether the appointment is of a member or members of the county school board for the full term of office as provided by law, or of a member to fill a vacancy occurring in the membership of the county school board or of a member (rom a new school district. (1942, p. 680; Michie Code 1942, § 653a 1 ; 1944, p. 34; 1948, pp. 444, 1042; 1954, c. 638.) T h e 1954 a m e n d m e n t in s e rte d “ school tru s te e ’’ b e fo re " e le c to ra l b o a r d ” in line one a n d a d d e d th e s e c o n d sen ten c e. § 22-6 7 . Salary of members.—The county school board may in its dis cretion pay each of its members an annual salary not exceeding two hundred forty I 12 I § 22-67 L o c a l Bo a r d s of Sc h o o l T r u s t e e s § 22-67 dollars, payable in equal monthly installments, and mileage to each member for each day he is in attendance upon meetings of the board, not to exceed seven cents per mile for each mile of travel by the most direct route in going to and returning from the place of meeting; provided that the county school board of any county may in its discretion, pay to any members of such board who serve on the com mittee for control of any joint school established under the provisions of § 22-7 an additional amount not in excess of ninety dollars per annum. Such salary and mileage shall be paid as other school expenses are paid. Provided that in counties having a population in excess of two thousand a square mile the county school board may pay each of its members an annual salary of not exceeding nine hundred dollars, payable in equal monthly installments, and in counties adjoining counties which have a population in excess of one hun dred twenty-five thousand, the county school board may pay each of its members an annual salary of not exceeding twelve hundred dollars payable in equal monthly installments, and in counties adjacent to cities having a population of not less than two hundred ten thousand nor more than two hundred twenty-five thousand the county school board may pay each of its members an annual salary of not ex ceeding four hundred eighty dollars payable in equal monthly installments, and in counties having a population of not less than thirty-seven thousand nor more than thirty-nine thousand, the county school board may pay each of its members an annual salary of not exceeding three hundred dollars, payable in equal monthly installments, and in counties having a density of population of more than five hundred per square mile, the county school board may pay each of its members an annual salary of three hundred dollars, payable in equal monthly installments, and in each county having a population in excess of forty thousand and having eight or more magisterial districts, the county school board may pay each of its members a maximum salary of three hundred dollars in equal monthly install ments, and in each county adjoining a city lying wholly within this State with a population in excess of two hundred twenty-five thousand, the county school board may pay each of its members an annual salary not to exceed nine hundred dol lars, payable in equal monthly installments, and provided further, that in cities having a population of not less than twenty-three thousand nor more than twentynine thousand, and in cities having a population of not less than thirty thousand nor more than forty thousand, and in cities having a population of not less than fiftyfive thousand nor more than seventy thousand, the school board may provide and pay a per diem not exceeding ten dollars to each member for each day he is in attendance upon meetings of the board, not to exceed twenty-four days in any one year, and provided further, that in counties having a population of not less than twenty-four thousand nor more than twenty-five thousand, and in counties having a population of not less than six thousand two hundred nor more than six thousand two hundred eighty, and in counties having a population of not less than nineteen thousand nor more than twenty thousand, and in counties having a popu lation of not less than sixteen thousand nor more than seventeen thousand, and in counties having a population of not less than twelve thousand seven hundred sixty nor more than twelve thousand eight hundred, and in counties having a popula tion of not less than twenty-six thousand nor more than twenty-six thousand six hundred, and in counties having a population of not less than five thousand nor more than six thousand, and in counties having a population of not less than twenty-nine thousand nor more than twenty-nine thousand seven hundred fifty, the county school board may pay each of its members an annual salary of not ex ceeding three hundred dollars, payable in equal monthly installments, and pro vided, further, that in counties having a population of not less than twentv thou sand nor more than twenty thousand two hundred, and in cities having a popula tion of not less than twenty-six thousand seven hundred nor more than twentyseven thousand, and in counties having a population of not less than forty-one thousand four hundred fifty nor more than forty-two thousand, the county school f 13 1 �§ 22-68 V ir g in ia Sc L h o o l a w s Su ppl e m e n t § 22-69 board may pay each of its members an annual salary not to exceed three hundred sixty dollars, payable in equal monthly installments, and provided further, that in counties having a population of not less than thirty-three thousand six hundred nor more than thirty-four thousand, the county school board may pay each of its mem bers an annual salary not to exceed four hundred dollars payable in equal monthly installments, and provided further that in counties having a population of not less than fifty-six thousand nor more than fifty-seven thousand the county school board may, with the approval of the governing body of said county, pay each of its members an annual salary not exceeding six hundred dollars, payable in equal monthly installments; and, provided further, that in counties with a population of not less than eleven thousand nine hundred ten nor more than twelve thou sand two hundred, and in counties with a population of more than fifteen thou sand seven hundred but less than sixteen thousand, and in counties with a popula tion of not less than ten thousand nor more than ten thousand one hundred, the county school board may pay each of its members, for his services, during any term after the first day of July, nineteen hundred fifty-five, an annual salary of not less than two hundred forty dollars nor more than six hundred dollars. In any county having a population of not less than twenty-two thousand nor more than twenty-three thousand, the county school board may pay each of its mem bers, for his services, during any term beginning after March 11, 1954, an annual salary of not less than one hundred eighty dollars nor more than six hundred dol lars. The population when referred to in this section shall be according to the last preceding decennial United States census. (1942, p. 680; Michie Code 1942, § 653al; 1944, p. 35; 1948, pp. 445, 1042; 1950, pp. 465, 490; 1952, c. 170; 1954, cc. 206. 709.) T h e 1952 a m e n d m e n t in cre ase d th e sal a r y a n d m ile ag e in th e first p a ra g ra p h . It re w ro te th e second p a ra g ra p h g enerally, c h a n g e d th e p o p u latio n classification of th e city m en tio n e d in th e p re ced in g n o te fro m 175,000 to 225,000, a n d added m an y c o u n tie s an d c ities to th o se alre a d y c o v e re d b y th e p a ra g ra p h . T h e am e n d m e n t a ls o a d d e d th e th ird p a ra g ra p h . T h e 1954 a m e n d m e n ts.— C h a p te r 206 of th e A c ts o f 1954 d e le te d fro m th e second p a r a g ra p h th e p ro v isio n in se rte d by th e firs t 1950 a m e n d m e n t, an d in se rte d th e p ro v is io n as to co u n tie s a d jo in in g c o u n ties h a v in g a p o p u la tio n in e x c ess of o n e h u n d re d tw e n ty -fiv e th o u sa n d . In th e p ro v i sion re la tin g to c o u n tie s h a v in g a p o p u la tio n o f " n o t less th a n fifte en th o u s a n d sev e n h u n d re d ’’ th e a m e n d m e n t c h a n g e d th is n u m b e r to re a d “s ix te e n th o u s a n d ”. I t a ls o a d d e d th e l a s t s e n te n c e o f th e se c on d p a r a g ra p h a n d th e p ro v is o im m e d i a te ly p re c e d in g said se n te n c e . C h a p te r 709 o f th e A c ts o f 1954 in c re a s e d th e m ile a g e in th e firs t p a r a g ra p h fro m six t o sev e n c e n ts p e r m ile . T h e tw o c h a p te rs h a v e bee n co m b in e d so a s t o g iv e effe c t t o b o th a m e n d a to ry a c ts. E ffe c tiv e d a te .—T h e firs t 1954 a m e n d m e n t w a s a n e m e rg e n c y a c t a p p ro v e d M a rc h 11, 1954. 22-68. Members must be residents. D e c la rin g v a c a n c y in office o f m em b ers o f c o u n ty s c h o o l b o a r d w h e n m em b er m o v e s o u t o f S ta te . R ep. A tty . Gen., 195051, p . 248. T r a n s itio n o f to w n to city. — S in c e th e m e m b e r s o f a c o u n ty sch o o l b o a rd are co u n ty o fficers, t h e ir offices a r e n o t v a c a te d b y re a s o n o f th e tr a n s itio n o f th e to w n o f th e ir re s id e n c e to a c ity o f th e sec o n d cla ss. R ep. A tty . G en., 1952-53, p. 204. 22-69. Certain officers may not act on school board. C ro s s re fe re n c e — F o r f u r th e r d isq u a li fic a tio n s see § 2-27 a n d n o te. H i s t o r y of s e c tio n .— S ee J o y v. G reen, 194 V a . 1003, 76 S. E. (2 d ) 178. T h i s s e c tio n d o e s n o t p re s c rib e th e ex c lu s iv e q u a lific a tio n s fo r m e m b e rs of c o u n ty s c h o o l b o a rd s , a n d d oes n o t su p er- r sed e th e p ro v is io n s o f § 2 -29(14) w ith re s p e c t to th e q u a lific a tio n s o f fe d e ra l e m p lo y ee s t o s it on c o u n ty s c h o o l b o a rd s . T h e s e tw o s e c tio n s a r e c o m p le m e n ta ry a n d sh o u ld b e re a d t o g e th e r . J o y v. G reen , 194 V a . 1003, 76 S. E . (2 d ) 178. M e m b e r o f t h e V irg in ia C o m m is s io n fo r n § 22-71 Lo c a l Bo a r ds o e t h e B lin d c a n n o t se rv e a s m e m b e r o f s c h o o l b o a rd . R ep . A tty . G en., 1950-51, p. 252. N o r c a n a c o u n ty s u rv e y o r.— R ep . A tty . G en. (J u ly 9, 1951), 1951-52. • Sc h o o l T r u st ees § 22-79 B u t a r e tir e d s c h o o l te a c h e r c u r re n tly d ra w in g a p en s io n a s s u c h is e lig ib le fo r m e m b e rs h ip on a c o u n ty sch o o l b o ard . R ep . A tty . G e n . (S e p t. 20, 1951). 1951-52. § 22-71. Bond of clerk and deputy clerk.—The clerk of the school board shall be bonded in an amount not less than ten thousand dollars; and the deputy clerk, before performing any of the duties authorized in this chapter, shall be bonded in like amount. (1945, pp. 60, 86; 1946, p. 69; Michie Suppl. 1946, § 656; 1948, p. 565; 1952, c. 280.) T h e 1952 a m e n d m e n t in c re a se d th e m in im u m b o n d fro m five th o u s a n d to te n th o u s a n d d o lla rs . § 22-72. Powers and duties. (6a) Insurance.—To provide for the necessary insurance on school properties against loss by fire or against such other losses as deemed necessary. (1954, c. 289.) C ro s s re fe re n c e . A s to b la n k e t a u th o rity fro m b o a rd o f s u p e rv is o rs to tr a n s f e r fu n d s fro m one ite m in s c h o o l b u d g e t to a n o th e r, see n o te to § 2 2 - 1 22 . T h e 1954 a m e n d m e n t in s e rte d p a ra g ra p h (6 a ). O n ly p a r t of s e c tio n s e t o u t.— A s only p a r a g ra p h (6 a ) w a s affe c te d b y th e a m e n d m e n t th e re s t o f th e sec tio n is n o t s e t o u t. C o n s e n t o f s u p e r v is o r s n e c e s s a ry fo r t r a n s f e r o f fu n d s .— A sc h o o l b o a r d h a s th e p o w e r to m a k e s u c h e x p e n d itu re s p ro p e rly e m b ra c e d in e a ch cla ssific atio n o r ite m of th e b u d g e t, b u t s u c h b o a r d d o es n o t have th e p o w e r t o t r a n s f e r fu n d s fro m o n e item to a n o th e r item w ith o u t th e c o n s e n t o f th e b o a r d o f s u p e rv is o rs . " I t e m ” w a s defined a s a m a jo r cla ssific a tio n , s u c h a s a d m in is tra tio n , in s tr u c tio n , e tc . R ep . A tty . G en., (A p ril 10. 1952), 1951-52. A n d a s c h o o l b o a r d in e x p e n d in g fu n d s p ro v id e d fo r th e o p e r a tio n o f th e co u n ty s c h o o ls m u s t sp e n d m o n e y fo r th e p u r- p o s e s a n d w ith in th e lim its s e t u p in th e b u d g e t. R ep . A tty . G en. (N o v . 14, 1951), 1951-52. S c h o o l b o a r d h a s a u th o r ity to e x p e n d fu n d s t o e n la rg e to w n s e w ag e fa c ilitie s fo r s c h o o l u se, p ro v id e d i t is n o t n e c e s s a ry to b o rro w th e m o n e y . R e p . A tty . G en. 195051, p. 243. A n d a c o u n ty s c h o o l b o a r d m a y le g a lly c o n tr a c t f o r t h e e r e c tio n o f a s c h o o l b u ild in g , o u t o f fu n d s a v a ila b le fo r th e p u rp o s e , w ith o u t firs t a d v e rtis in g fo r b id s. R ep . A tty . G en. (J u ly 5, 1951), 1951-52. P a r a g r a p h (9 ) e m p o w e rs th e b o a r d of s u p e r v is o r s t o a u th o riz e th e s c h o o l b o a rd to e x c ee d th e a m o u n t o f its b u d g e t w h e re th e fu n d s a r e av a ila b le , b u t th is p o w e r is ap p lica b le t o th e b u d g e t fo r th e c u r re n t a p p r o p ria tio n y e a r. R e p . A tty . G en. (M a rc h 14, 1952), 1951-52. S e c tio n 11-17 d o es n o t a p p ly t o c o n tra c ts le t b y lo c a l s c h o o l b o a r d s . R ep . A tty . G en. ( J u ly 18 , 1951), 1951-52. § 22-78. Special warrants. S ch o o l e m p lo y e e s m a y b e p a id fo r s e r v ic e s re n d e re d d u rin g th e m o n th s o f M ay a n d J u n e ev e n th o u g h a ll th e m e m b e rs of th e local b o a rd h a v e re s ig n e d a n d th e va- ca n cies in c u rr e d w ill n o t b e filled a t th e tim e o f th e n e x t r e g u la r m e e tin g . R ep . A tty . G en. (M a y 26, 1952), 1951-52. § 22-79. Meetings of people and local committees.—It shall be the duty of the school board to call meetings of the people of the county for consulta tion in regard to the school interest thereof when deemed necessary by the board. The board is authorized to appoint local school committees of not less than three nor more than seven members for each schoolhouse, whose duty it shall be to advise the members of the board with reference to matters pertaining to the local school and to co-operate with the board in the provisions for the care of the school property and for the successful operation of the school. Such committee shall serve without compensation. (Code 1919, § 661; 1922, p. 741; 1928, p. 1205; 1952, c. 72.) T h e 1952 a m e n d m e n t c h a n g e d th e m em b e r s h ip o f lo ca l s c h o o l c o m m itte e s fro m “ n o t m o re th a n t h r e e ” to “n o t le s s th a n t h r e e n o r m o re th a n s e v e n ”. r i5 i �§ 22-88.2 V ir g in ia Sc h o o l L a w s S u ppl Ar t ic l e emen t § 22 - 100.2 3. Boards in Counties H a ving County M a n a g e r or County Executive F o r m of Government. § 2 2 -88.2: Repealed by Acts 1954, c. 342. Ar t ic l e 4. Boards of Cities and Towns. § 22-97. Enumeration of powers and duties. (17) Consolidation of schools. — To provide for the consolidation of schools whenever such procedure will contribute to the efficiency of the school system. (Code 1919, § 786; 1920, p. 70; 1923, p. 188; 1940, p. 648; 1946, p. 84; 1948, p. 1022; 1954, c. 291.) T h e IC'54 a m e n d m e n t a d d e d p a r a g r a p h (1 7 ). O n ly p a r t o f s e c tio n s e t o u t.— A s o n ly p a r a g ra p h (1 7 ) w a s a f fe c te d b y th e a m e n d m e n t th e re s t o f th e s e c tio n is n o t s e t o u t. A g e n t m a y b e a p p o in te d by B o a rd t o e x a m in e a n d to a p p r o v e p a y m e n t o f cla im s. R ep . A tty . G e n ., 1950-51, p. 239. A p p lie d in H ill v. C o m ’r o f I n te r n a l R e v e n u e , 1 8 1 F . (2 d ) 906. § 22-9 8 . Clerk and deputy clerk of board. — City school boards shall have a clerk and, in the discretion of the school board, a deputy clerk, who may or may not be members of the board and who shall be charged with the same duties as the clerk and deputy clerk of a county school board, and whose salary shall be fixed by the board. The board shall require the clerk and his deputy to furnish the city a corporate surety bond conditioned upon the faithful performance and discharge of the duties herein assigned to each such official. The board shall fix the amount of such bond or bonds in an amount not less than ten thousand dollars and the premium therefor shall be paid out of the school funds of such city. (Code 1919, § 786; 1920, p. 72; 1923, p. 190; 1940, p. 650; 1946, p. 87; 1948, p. 1025; 1954, c. 638.) T h e 1954 a m e n d m e n t in s e rte d in th e la s t s e n te n c e th e w o r d s “in a n a m o u n t n o t less th a n te n t h o u s a n d d o lla rs ” . Ar t ic l e 5. Beards of Divisions Comprising T w o or M o r e Political Subdivisions. § 2 2 -1 0 0 .1 . Single school board authorized. — When the State Board of Education has created a school division, composed of two or more counties or one or more counties with one or more cities, the supervision of schools in any such school division may be vested in a single school board under the conditions and provisions as hereinafter set forth. (1954, c. 391.) T h e n u m b e r s o f §§ 22-100.1 t o 22-100.12 w e re a s s ig n e d by th e V irg in ia C o d e C o m m is s io n f o r b e t t e r a r ra n g e m e n t, th e n u m b e r s in th e 1954 a c t h a v in g bee n 22-99.1 to 22-99.12. E ffe c tiv e d a te . — T h e e m e rg e n c y a c t fr o m w h ich th is a r tic le w a s d e riv e d w as a p p ro v e d A p ril 2, 1954. § 2 2 -1 0 0 .2 . How board established.—The school boards of such coun ties, county and city or counties and cities, composing such school division, by a majority vote, may, with the approval of the governing bodies of such counties, or counties and cities, and the State Board of Education, establish such division school board in lieu of the school boards as at present constituted for the coun ties, county and city or counties and cities of such school division. Provided, how ever, that no such division shall be created which includes a county in which there is located a town operating as a separate school district. (1954, c. 391.) [1 6 ] § 22-100.3 L o c a l Bo a r d s of Sc h o o l T r u s t e e s § 22-100.7 § 22-100.3. How composed; appointment and terms of members; vacancies. — Such division school board shall be composed of not less than six nor more than nine trustees, with an equal number of members from each county or city of the division and with a minimum board of six members, who shall be appointed by the county board of supervisors for a county and the city council for a city. Upon the creation of such school division there shall be appointed by the appropriate appointing bodies the required number of members to the divi sion school board who shall serve until the first day of July next following the creation of such division. Within sixty days prior to that day each apppointing body shall appoint the required number of members of the division school board as follows: If there be three members, one shall be appointed for a term of two years, one for a term of three years, and one for a term of four years; if there be four members, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. With in sixty days prior to the first day of July in each and every year thereafter there shall be appointed by the appropriate appointing body for a term of four years beginning the first day of July next following their appointment, successors to the members of the division school board for their respective counties or cities, whose terms expire on the thirtieth day of June in each such year. The exact number of trustees for a county or city shall be determined by the governing bodies concerned within the limits above provided. Any vacancy occurring in the membership of the division school board from any county or city shall be filled for the unexoired term by the appointing body of such county or city. The gov erning bodies concerned shall jointly select for a term of four years one person who shall be a member of the division school board only for the purpose of vot ing in case of an equal division of the regular members of the board on any ques tion requiring the action of such board. Such person shall be known as the tie breaker. (1954, c. 391.) § 22-100.4. Qualifications of members; organization and duties to be assigned by board as whole; board net to employ members. — The qualifications of members of such division school hoard shall be the same as pro vided by law for county and city school boards, except that any or all of said members may be appointed from a county or city at large rather than by school districts, if deemed advisable by the appointing body. The members of the divi sion school board from the counties or counties and cities shall have no organiza tion and duties except such as may be assigned to them by the board as a whole, nor shall the board employ any of its members in any capacity. (1954, c. 391.) § 22-100.5. Board constitutes body corporate; powers generally.— The members so appointed shall constitute the division school board, and every such board is declared a body corporate, under the style of the Division School Board of ............................. Counties, County and City or Counties and Cities, and may. in its corporate capacity, sue and be sued, contract or be contracted with and. in general, is vested with all the powers, and charged with all the duties, obligations and responsibilities imposed upon countv and city school boards as such by law. (1954. c. 391.) § 22-100.6. Compensation of members. — The annual salary of each member of such division school board shall be determined and paid as now pro vided in § 22-67 for county school boards, the provisions of the charter of any city concerned to the contrary notwithstanding. (1954, c. 391.) § 22-100.7. Transfer of title to school property; adjudication of ownership.—The title to all school property in the school division shall be vested in the division school board as defined in § 22-100.5. The school board of every county included in such school division and the city council or the school board, SL-2 1 17 I �§ 22-100.8 V ir g in ia Sc h o o l L a w s S u ppl e m e n t § 22-100.12 whichever holds title to the school property of any city included in such school division shall have the power to transfer title to the school property of such county or city to the division school board and no such division shall be created unless and until such transfer is agreed to by each county or city in the division. If, at the time a division school board is created, under the authority of this section, the ownership of school property, real or personal, has not been deter mined or the title thereto is in question, or there is a dispute as to the ownership or title, then such question of ownership or title may be determined before the formation of said school division, by any participating division petitioning a court of equity in the jurisdiction where the property or any part thereof lies to deter mine the title to said property, and such adjudication of ownership or title shall be conclusive thereafter. (1954, c. 391.) § 2 2 -1 0 0 .8 . Financial plan of operation of schools. — The financial plan of operation of the schools, including submission of budgets and reports shall be governed by rules and regulations promulgated by the State Board of Education. (1954, c. 391.) § 2 2 -1 0 0 .9 . Expenditures for capital outlay purposes and incurring indebtedness for construction of buildings.—Expenditures for capital outlay purposes and incurring indebtedness for the construction of school buildings shall be on a pro rata basis based on enrollment of pupils or such other basis as may be mutually agreed upon by the division school board with the approval of the gov erning bodies of the participating counties and/or city. (1954, c. 391.) § 2 2 -1 0 0 .1 0 . Fiscal agent. — The fiscal agent for such division school board shall be the treasurer of one of the participating counties and/or city, as mutually agreed upon by the division school boards with the approval of the gov erning bodies. In the event the local authorities cannot agree on the selection of a fiscal agent, the State Board of Education shall designate such fiscal agent. For his services as fiscal agent, the treasurer shall be paid such salary as may be agreed upon by the division school board. In the event the division board and the treasurer so designated cannot agree on such compensation, then the amount of salary to be paid shall be determined by a court of competent jurisdiction, and the amount so fixed by the court or the judge thereof in vacation shall be binding upon both the treasurer and the division school board. Provided that nothing contained in this section shall affect the regular salary or expense allowance of the treasurer as fixed annually by the State Compensation Board. (1954, c. 391.) § 22-101 L F it e r a r y § 22-112 u n d according to such distribution as may be mutually agreed upon by the respective boards concerned or as determined by a court of competent jurisdiction as above set out. Provided further, in the event of dissolution, if the respective school boards cannot agree on the distribution of any balance in the division school board fund or on the disposition of any outstanding bonded indebtedness, or any other obli gations, a court of competent jurisdiction as above set out shall make such dis tribution. (1954, c. 391.) CHAPTER 7. L F it e r a r y u n d . § 22-101. How fund constituted; management. L o a n s c o n s id e re d in c o m p u tin g lim ita tio n o n in d e b te d n e s s . — In d e b te d n e s s o f a c ity o r to w n on a c c o u n t of its b o rro w in g s fro m th e l ite r a r y fu n d m u s t be c o n sid e re d in c o m p u tin g th e lim ita tio n o f eig h tee n p e r c e n tu m o f th e a s s e s se d v a lu a tio n of th e re a l e s ta te in th e c ity o r to w n s u b je c t to ta x a tio n , p re s c rib e d b y § 127 o f th e C o n s titu tio n . R e p . A tty . G e n ., 1952-53, p. 138. § 2 2-107. Boards authorized to borrow from fund; form of application. T h e r e is n o re q u ir e m e n t t h a t a b o a r d of s u p e r v is o r s a p p r o v e th e a p p lic a tio n fo r a lo a n fro m th e lite ra r y fu n d a n d if th e b o a rd re s c in d s a fo r m e r a p p ro v a l th e se c o n d rc s - o lu tio n is w ith o u t leg a l effect. T h e S ta te B o a rd m a y a d v a n c e th e fu n d s in a c c o rd a n c e w ith th e re s o lu tio n . R ep . A tty . G en. (A p ril 2, 1952), 1951-52. § 22-110. Examination of title of property on application for loan. R e s tric tio n t h a t la n d s h a ll b e u sed on ly fo r p u b lic s c h o o l p u rp o s e s . — A lite ra ry lo a n c o u ld n o t be o b ta in e d fo r th e erectio n o f a sc h o o l b u ild in g s itu a te d on lan d c o n v e y e d to th e sc h o o l b o a rd w ith a r e s tr ic tio n th a t th e la n d s h a ll be u sed o n ly for p u b lic s c h o o l p u rp o s e s , sin c e th e r e s tr ic tio n co u ld o p e r a te a s a n e n c u m b ra n c e u p on th e title to th e p ro p e rty a n d d e fe a t th e lien c r e a te d b y § 22-114, C o d e o f V irg in ia (1950). R ep . A tty . G en., 1950-51, p . 252. § 2 2 -1 0 0 .1 1 . Effective date for formation of board. — The effective date for the formation of such division school board and the supervision and op eration of the schools in any school division by such school board shalj be as of the first day of July of a school year, and the school boards as now constituted for the counties, or counties and cities, in the school division shall cease to exist as of such effective date. (1954, c. 391.) § 2 2 -1 0 0 .1 2 . Dissolution of board. — Effective as of the first day of July of any school year, a division school board, may, by resolution adopted by a majority of its members prior to the first day of May for the said school year, and with the approval of a majority of the governing bodies of such counties or cities concerned and the State Board of Education, be dissolved, and, provided, that in the case of such dissolution a county school board for each^ county and a city school board for each city of such division shall be appointed in the manner and for the terms of office as provided by law for county and city school boards effective as of the date of such dissolution. All school property, real and personal, the title to which is held by the divi sion school board at the time of dissolution shall be transferred to and vested in, by operation of law, the school boards of the participating counties and/or cities § 22-112. Rate of interest on loans; payment in installments; evi dence of debt.—All loans made on or before January first, nineteen hundred forty-seven, shall bear interest at the rate of two per centum a year, payable annually. After January first, nineteen hundred forty-seven, when loans have been approved by the State Board from time to time in such amounts that no sufficient balance shall have been left in the Literary Fund from which to make additional loans, then the State Board is authorized in its discretion to fix the rate of interest as low as possible, but not less than two per centum and not to exceed four per centum a year on such additional loans which may be made by selling the bonds of the cities and counties for which such loans are approved, for investment of the reserves of the Virginia Retirement System in such amount as may be approved by the Virginia Retirement Board in accordance with the provisions of § 51-76, in order to provide additional funds to make loans to the school boards of the several counties, cities and towns for the purposes for which such loans are legally authorized to be made. Loans from Literary Fund already approved and those approved prior to the date on which it first becomes neces sary to sell the bonds of the counties, cities and towns to the Virginia Retire ment Board for investment of the Virginia Retirement Fund reserve shall bear in terest at the rate of two per centum a year payable annually. The State Board is authorized in its discretion to fix the interest rate on all loans made after July first, nineteen hundred fifty-four, at not less than two per centum per annum and not to exceed four per centum per annum, payable annually. The principal shall be payable in annual installments from five to thirty years; provided that the [1 8 ] [ 191 �§ 22-114 V ir g in ia Sc h o o l L a w s Su ppl e m e n t § 22-119.1 time of payment may be extended in the discretion of the State Board, and shall be evidenced by bonds or notes payable to the Commonwealth of Virginia, for the benefit of the Literary Fund, executed or signed by the chairman of the county, city or town school board and attested by the clerk thereof. Payments of interest and principal shall be made to the State Treasurer and evidence of debt taken for such loans shall be deposited with the State Treasurer and kept by him. But if the State Board has assigned any of such bonds, notes or other evi dences of debt to the Board of Trustees of the Virginia Retirement System un der the provisions of § 51-76, and the same are held by the Board of Trustees of the Virginia Retirement System, the time of payment thereof may not be ex tended by the State Board but may be extended by the Board of Trustees of the Virginia Retirement System, in its discretion. (Code 1919, § 760; 1928, p. 1199; 1936, p. 501; 1942, p. 29; Michie Code 1942, § 643; 1944, p. 195; 1947, p. 68; 1954, c. 476.) C ro s s r e fe r e n c e s .— F o r fo r m e r p ro v isio n a u th o r iz in g s a le a n d a s s ig n m e n t o f lo a n s t o t h e fo r m e r B o a rd o f T r u s te e s of th e a b o lis h e d V irg in ia R e tire m e n t S y s te m , see re p e a le d § 51-76. F o r c a s e c o n c e rn in g c o n s t itu tio n a lity o f s u c h p ro v is io n , s e e n o te to § 51-111.24, w h ic h s e e fo r s im ila r p ro v is io n a u th o r iz in g sa le a n d a s s ig n m e n t of lo a n s to th e B o a rd o f T r u s te e s o f th e V i r g in ia S u p p le m e n ta l R e tire m e n t S y s te m . F o r p ro v is io n s c o n tin u in g a n d v e s tin g in th e n e w B o a rd c e rta in p o w e rs o f th e fo r m e r B o a rd , s e e §§ 51-111.18, 51-111.24, 51-111.68. T h e 1954 a m e n d m e n t re w ro te th e fo u rth s e n te n c e , w h ich fo rm e rly p ro v id e d t h a t a ll lo a n s m a d e a f te r J a n u a r y 1 , 1947, w ith c e rta in e x c e p tio n s , s h o u ld b e a r in te r e s t a t th e r a te o f tw o p e r c e n tu m . § 22-114. Loans to be a lien on buildings; insurance. D is p o s a l o f p ro c e e d s fro m s a le o f s c h o o ls b u ilt b y m a g is te ria l d is tr ic t w h e n s c h o o ls n o w u n d e r c o u n ty w id e s y s te m .— S in c e a lite ra r y fu n d lo an c o n s titu te s a specific lien o n th e b u ild in g c o n s tru c te d w ith th e p ro - c e e d s th e re o f, th e d e b t s h o u ld be s atisfied o u t of t h e p ro c e e d s o f th e sa le in a s m u c h a s th e c o u n ty is u n a b le to p a s s g o o d title to th e p ro p e rty u n til th e lien is satisfied . R ep. A tty . G e n ., 1950-51, p. 250. CHAPTER 8. S Sec. c h o o l 22-119.1 F e d e r a l fu n d s a p p o r tio n c u to c o u n tie s c o n t a i n i n g la n d s le a se d fo r flood c o n tro l p u r poses. 22-120.1. B o a rd s a u th o riz e d to b o rr o w fro m V irg in ia S u p p le m e n ta l R e tir e m e n t S y s te m . F u n d s . Sec. 22-120.2. V a lid a tio n o f lo a n s a n d a d v a n c e s to s c h o o l b o a r d s o f c e rta in c o u n tie s . 2 2 - 1 2 8 . 1 . T a x u p o n re al p ro p e rty to p r o v id e s h e lte r s a t s c h o o l b us s to p s . § 2 2 -1 1 9 .1 . Federal funds apportioned to counties containing lands leased for flood control purposes.—All moneys which have been paid or may hereafter be paid to the State Treasurer by the Secretary of the Treasury of the United States under the provisions of Section 5, Public Law 526, 79th Congress, end Session, shall be apportioned by the State Comptroller among the counties in which lands acquired by the United States for Hood control purposes were leased, according to the amounts derived from each county as stated by the Sec retary of the Treasury of the United States, and shall be paid by the State Treas urer to the treasurers of such counties on warrants of the Comptroller, and such county treasurers shall receive the same and place the funds to the credit of the public schools of their respective counties. (1952, Ex. Sess., c. 31.) § 22-120 Sc h o o l F u n d s § 22-122 § 22-120. Temporary loans to county or city school boards. T e m p o r a r y lo a n s p la n n e d fo r s e v e ra l y e a rs fo r sc h o o l c o n s tru c tio n .— R ep . A tty . G e n ., 1950-51, p. 260. L o a n s to re p la c e o r p u rc h a s e p riv a te c o n tr a c to r s ’ b u se s. — T h e w o rd “ e q u ip m e n t" m u s t be c o n s tru e d to m e a n e q u ip m e n t o w n e d b y th e sch o o l b o a rd a n d th e b o a r d c a n n o t b o rr o w m o n ey to bu y b u ses t o re p la c e p riv a te c o n tr a c to r s ’ b u ses. R ep. A tty . G en., 1952-53, p. 201. A c o u n ty sc h o o l b o a r d m a y m a k e a te m p o r a r y lo a n to b e re p a id w ith in o n e y e a r to p u rc h a s e b u s e s o w n e d b y p riv a te c o n tr a c to r s a n d t o e r e c t a c o u n ty g a ra g e fo r th e p u rp o s e o f s e rv ic in g a n d re p a irin g s c h o o l b u s e s if s u ch lo a n is n e g o tia te d w ith th e a p p ro v a l o f th e t a x le v y in g b o d y a n d m e e ts th e o th e r c o n d itio n s o f th is s e c tio n . R e p . A tty . G en. (J u n e 1, 1954), 1953-54. § 22-120.1. Boards authorized to borrow from Virginia Supple mental Retirement System.—At such time as § 115-a of the Constitution of Virginia be amended to permit the same, the school boards of the several counties are authorized to borrow money belonging to the assets of the Virginia Supple mental Retirement System and the school board of any county desiring to borrow a part of such funds shall (a) comply with all of the provisions of chapter 7 of Title 22 of the Code of Virginia, which chapter shall apply, mutatis mutandis, to such loans, provided that after the application has been approved by the State Board of Education, it shall then be submitted to the Board of Trustees of the Virginia Supplemental Retirement System, and (b) make application to the Board of Trustees of the Virginia Supplemental Retirement System for such loan, after the approval of the State Board of Education has been obtained. Such Board of Trustees may require such other conditions as a requisite to making such loans as are deemed proper to safeguard the assets of such fund. (1954, c. 633.) T h e n u m b e r o f th is s e c tio n w a s a s s ig n e d b y th e V irg in ia C o d e C o m m issio n fo r b e t- t e r a r ra n g e m e n t, th e n u m b e r in th e 1954 a c t h a v in g bee n 22-107.3. § 2 2 -120.2. Validation of loans and advances to school boards of certain counties.—All temporary loans and advances made to the school board of any county with a population of more than six thousand four hundred but less than six thousand five hundred with the approval of the board of supervis ors thereof for school purposes are hereby ratified, validated and confirmed to the extent that such loans or advances could have been made theretofore if au thorized by law. (1954, c. 261.) T h e n u m b e r o f th is s e c tio n w a s a s s ig n e d by th e V irg in ia C o d e C o m m is s io n , th e 1954 a c t h a v in g a s s ig n e d n o n u m b e r. E ffe c tiv e d a te .—T h e e m e rg e n c y a c t ins e r tin g th is se c tio n w a s a p p ro v e d M a rc h 13, 1954. § 22-121. Budget of county to include school budget. F ilin g re w o rk e d s c h o o l b u d g e t w ith b o a r d o f s u p e rv is o rs . — W h e r e a s c h o o l b u d g e t p re s e n te d to th e b o a r d o f s u p e r v is o r s w a s n o t a p p r o v e d a n d th e b o a r d of s u p e rv is o rs s e t th e s c h o o l lev y a t an a m o u n t less th a n t h a t u sed in th e b u d g e t p re s e n te d , th e s c h o o l b u d g e t w a s re q u ire d to be re w o rk e d a n d th e d iv isio n s u p e r in te n d e n t o f sch o o ls w a s re q u ir e d t o file th e re w o rk e d s c h o o l b u d g e t w ith th e b o a r d of s u p e rv is o rs . R ep . A tty . G e n ., 1952-53, p. 210 . § 22-122. Estimate of money needed for support of schools. — It shall be the duty of the division superintendent of schools, on or before the first day of April of each year, to prepare, with the advice of the school board, an estimate of the amount of money which will be needed during the next scholastic year, for the support of the public schools of the county or city. The estimate so prepared shall be submitted to and approved by the school board prior to sub mission to the tax levying body. Such estimates shall be prepared on forms fur nished by the State Board, approved by the Director of the Budget and the Comptroller, and shall set up the amount of money necessary for overhead charges, for instruction, for operation, for maintenance, for a reserve fund to purchase new school buses to replace obsolete or worn-out equipment, for auxili[21 ] �§ 22-126 V ir g in ia S c h o o l L a w s Su ppl e m e n t § 22-139.1 ary agencies, for miscellaneous, and for permanent capitalization and such other headings or items as may be necessary. The estimate so made shall clearly show all necessary details in order that the governing body and the taxpayers of the county or of the city may be well informed as to every item of the estimate. (1922, p. 738; 1928, p. 1204; 1936, p. 505; Michie Code 1942, § 657; 1944, p. 103; 1954, c. 638.) T h e 1554 a m e n d m e n t in s e rte d th e s ec o n d s e n te n c e . B la n k e t a u t h o r i t y in a d v a n c e to sch o o l b o a r d t o m a k e t r a n s f e r s . — T h is se c tio n a n d § 22-72 c le a rly c o n te m p la te t h a t th e b o a r d o f s u p e r v is o r s s h a ll, t o th e e x te n t in d ic a te d , h a v e th e p o w e r a n d d u ty of s u p e r v is in g s c h o o l e x p e n s e s b u t th e b o a r d u n q u e s tio n a b ly h a s th e p o w e r to a u t h o r iz e t h e t r a n s f e r o f fu n d s fro m o n e item in th e s c h o o l b u d g e t t o a n o t h e r ite m . I t is d o u b tfu l w h e th e r th e s t a t u t e s in te n d e d t h a t th e b o a r d o f s u p e r v is o r s s h o u ld give b la n k e t a u th o r ity in a d v a n c e to th e s c h o o l b o a rd to m a k e t r a n s f e r s o f fu n d s fr o m o n e ite m to a n o t h e r b u t if t h e b o a r d d e s ire s to d o so it c a n n o t b e s a id t h a t s u c h a c tio n w o u ld b e in v alid . R e p . A tty . G en., 1952-53, p. 201. § 2 2 -1 2 6 . Authority to levy school tax; limitation of rate. — Each county and city is authorized to raise sums of money by a tax on all property, sub ject to local taxation, at such rate as may be deemed sufficient, but in no event less than fifty cents nor more than three dollars on the one hundred dollars of the assessed value of the property in any one year, to be expended by the local school authorities in the counties and cities in establishing, maintaining and operating such schools as in their judgment the public welfare requires; pro vided that in counties with a population of more than six thousand four hundred but less than six thousand five hundred, such rate may be increased to four dollars on the one hundred dollars of the assessed value of the property therein in any one year. (1945, p. 56; 1946, p. 90; Michie Suppl. 1946, § 698; 1948, p. 1046; 1950, p. 152; 1954, c. 385.) T h e 1554 a m e n d m e n t a d d e d th e p ro v is o a t th e e n d o f th e s e c tio n . E ff e c tiv e d a te .— T h e 1954 e m e rg e n c y a c t a m e n d in g th is s e c tio n w a s a p p ro v e d A p ril 2, 1954. § 2 2 -1 2 8 . Special tax for capital expenditures or payment of in debtedness or rent. F u n d s o b ta in e d fr o m lev y u n d e r th is s e c t i o n c o u ld o n ly b e u sed fo r c a p ita l ex- p e n s e s , in d e b te d n e s s o r re n t. G en. ( F e b . 2 8 , 1952), 1951-52. R ep . A tty . § 2 2 -1 2 8 .1 . Tax upon real property to provide shelters at school bus stops.—The governing body of any county having a population of more than forty-five thousand and less than fifty thousand hereby is empowered and au thorized to levy a tax upon real property at the rate of one cent for each one hun dred dollars of assessed valuation, the proceeds of which shall be used for the pur pose of constructing and maintaining shelters at locations where school buses reg ularly or frequently load and unload passengers. (1952, c. 379.) T h e n u m b e r o f th is s e c tio n w a s a s s ig n e d b y th e V irg in ia C o d e C o m m is s io n , th e 1952 a c t h a v in g a s s ig n e d n o n u m b e r. § 2 2 -1 3 9 .1 . Additional funds from local taxes. — The counties and cities in addition shall provide, from local school taxes, as provided in § 136 of the Constitution of Virginia, for the supplementing of their instructional programs such amounts as will insure the services of properly prepared and ef fective teaching personnel, and to the degree that financial ability and commun ity interest in education will permit; provided, further, that the counties and cities shall provide, in keeping with the laws already existing, such funds as may be necessary for debt service, capital outlay, transportation, general op eration and maintenance; provided that there may be exempted from such taxes [2 2 ] § 22-141 St a t e A id in Co n s t r u c t io n o f B § 22-146.5 u il d in g s for debt service on a Literary Fund loan or other loan for capital outlay, prop erty located in a special town school district which levies its own taxes for debt service and capital putlay. (1938, p. 636; 1942, p. 106; Michie Code 1942, § 678b; 1954, c. 671.) T h e 1954 p ro v iso . am endm ent added th e la s t § 22-141. Town school district’s share of school funds. (b) District located in adjoining counties.—Where a special town school dis trict is located partly in each of two adjoining counties and operated by a town school board created or constituted by the charter of such town, for the benefit of such town school district, each county school board shall require each respective county treasurer to pay over to the town treasurer, if and when properly bonded, the following funds to be used for school purposes within such special town school district: (1) From the amount derived from each county levy and/or appropriations in each respective county for school purposes, a sum equal to the pro rata amount from such levy or appropriations derived from such towns. (2) The amount due from State school funds received by each county for gen eral school purposes, to be determined as between each county and the town on the same basis of distribution used by the State in making the distribution of such school funds to the counties and cities. (3) The amounts due from each county to such special town school district from special State school funds to be determined in accordance with the purposes for which the allocations are made. (1952, c. 552.) T h e 1952 a m e n d m e n t re w o rd e d th e i n t r o d u c to r y p a r a g ra p h o f su b s e c tio n ( b ) . in s e rte d p re s e n t p a r a g ra p h (1 ) th e re in , a n d re n u m b e re d fo r m e r p a r a g ra p h s (1) a n d (2 ) a s (2 ) a n d (3 ) , re sp ectiv ely . O n ly p a r t o f s e c tio n s e t o u t.— A s only s u b s e c tio n ( b ) w a s a ffe c te d b y th e a m e n d m e n t th e re s t o f th e s e c tio n is n o t s e t o u t W h ile th e c o u n ty tr e a s u r e r is re q u ire d t o p a y o v e r to th e T o w n o f B e d fo rd th e to w n ’s s h a r e o f th e c o u n ty lev y f o r s c h o o ls in a c c o rd a n c e w ith th is s e c tio n , th e b o a rd o f s u p e r v is o r s d o es n o t h a v e to h a v e b e fo re it th e to w n ’s s c h o o l b u d g e t in m ak in g th e c o u n ty ’s s c h o o l lev y o r a p p ro p ria tio n . R ep . A tty . G en. (A p ril 8, 1952), 1951-52. D iv is io n o f p ro c e e d s of le v y b e tw e e n c o u n ty a n d to w n . — W h e n a sp e c ia l lev y is m a d e fo r th e p u rp o s e o f re tir in g a lit e r a ry fu n d lo an w h ich a c o u n ty in c u rr e d in o r d e r to c o n s tr u c t a p a r t o f a sch o o l lo c a te d o u ts id e a to w n in th e c o u n ty , th e c o u n ty tr e a s u r e r sh o u ld p ay o v e r t o th e to w n tr e a s u r e r its p ro r a ta a m o u n t o f such lev y d e riv e d fro m ta x a b le p r o p e r ty w ith in th e to w n d is tr ic t. R ep . A tty . G en., 1950-51, p p . 251, 253. I n t e r e s t a n d p e n a ltie s im p o se d o n d e lin q u e n t ta x e s b e c o m e a p a r t o f th e ta x e s th e m s e lv e s a n d th e c o u n ty t r e a s u r e r s h o u ld p ay to th e to w n t r e a s u r e r in te r e s t o n th e sch o o l ta x p o rtio n o f d e lin q u e n t ta x e s c o l le c te d o n p ro p e rty a s s e s s e d w ith in th e to w n . R ep . A tty . G e n ., 1952-53, p. 229. CHAPTER 8.1. St a t e A id in Co n s t r u c t io n o f Sc h o o l Bu il d in g s . § 22-146.1. Appropriation; when available for allocation and ex penditure. C ro s s re fe re n c e .— A s to a s s is ta n c e a n d a d v ic e o f S u p e rin te n d e n t of P u b lic In s tru c tio n o n c o n s tru c tio n o f S ta te -a id p ro je c ts , a n d c o m p e titiv e b id d in g th e re o n , se e §§ 22-166.8 to 22-166.13. § 2 2 -146.5. Annexation order to provide for distribution of funds. T h e S ta te B o a rd o f E d u c a tio n h a s n o a u th o r ity to m a k e a t r a n s f e r o f fu n d s b y re a s o n o f a c h a n g e in e n r o llm e n t fig u re s b ro u g h t a b o u t a s a r e s u lt o f a n a n n e x a tio n p ro c e e d in g . R ep . A tty . G en., 1952-53, p . 14. [23 1 �§ 22-146.8 V ir g in ia Sc h o o l L a w s S u ppl § 22-149 emen t b u ild in g . B u t s u c h ite m s a s s h ru b b e ry an d a th le tic field s s h o u ld n o t b e s e c u re d w ith s u c h fu n d . R ep . A tty . G e n ., 1950-51, p. 257. CHAPTER 9. Sc h o o l P r o pe r t y A r tic le 1. Sec. a n d Sc h o o l oec. 22-166.9. S c h o o l P r o p e r ty . 22-153. M in im u m flo o r a n d a ir s p a c e ; v e n tila tin g fa c ilitie s . 2 2 - 1 6 6 . 10 . 22-166.11. A r tic le 1.1. P la n s a n d S p e c ific a tio n s f o r S c h o o l B u ild in g s . 22-166.3. A d v is o ry R e s e a rc h C o m m itte e . 22-166.4, 22-166.5. [R e p e a le d .] 22-166.7. A p p r o p ria tio n . 2 2 - 1 6 6 .1 2 . 22-166.13. A r tic le 1.2. 22-166.8. Bo n d s . S u p e rin te n d e n t to co m p ile d a ta c o n c e rn in g c o s ts a n d m a te ria ls . D a ta to b e p u b lish e d a n d d is trib u te d . C o n s u lta tio n w ith S u p e rin te n d e n t re q u ire d b e f o re e n te rin g in to c o n tra c ts , etc. C o m p e titiv e b id d in g on S ta te -a id p ro je c ts . R e q u ire m e n t o f a p p ro v a l o f c e r ta in p la n s a n d s p e c ific a tio n s n o t d is p e n s e d w ith . A r tic le 2. A s s is ta n c e a n d A d v ic e o n S ta te -A id P r o j e c t s ; C o m p e titiv e B id d in g . A r t ic l e 1. School Property. § 2 2 -1 4 7 . Property set apart for school purposes vested in and managed by county school boards. A p p lie d in C o u n ty S c h o o l B o a rd v. D o w ell, 190 V a . 676, 58 S. E. (2 d ) 38; R o a d c a p v. C o u n ty S c h o o l B o a rd , 194 V a. 201, 72 S. E. (2 d ) 250. § 2 2 -1 4 9 . Condemnation of land for school purposes.—The school board may condemn for school purposes land or other property, or any interest or estate therein, including dwellings, yards, gardens or orchards. If, in the judg ment of the school board the public interest demands that particular land or any interest therein be acquired for school purposes, the school board shall cause the desired parcel of land to be surveyed by a county surveyor, city engineer or other competent surveyor and a plat of the same to be filed, together with a general statement of the case, with the clerk of the court in which proceedings to condemn such land will be instituted, and, thereupon, on application of the school board, the same proceedings shall be had as are prescribed by the laws relating to the ex ercise cf the right of eminent domain, insofar as they are applicable and not in consistent herewith; but such land or interest so condemned shall not exceed thirtv acres for any one school. (Code 1919, § 672; 1928, p. 1207; 1936, p. 507; 1942, p 62; Michie Code 1942, § 669; 1947, p! 20; 1948, p. 1015; 1952, c. 87.) The am ount any one L and g iv es t o 1952 a m e n d m e n t in c re a s e d th e o f la n d t h a t c a n be c o n d e m n e d fo r s c h o o l fro m fifte en to t h ir ty a c re s . in a n o t h e r c o u n ty .— T h is s e c tio n th e s c h o o l b o a r d o f a c o u n ty th e p o w e r t o c o n d e m n la n d fo r s c h o o l p u rp o s e s b u t d o es n o t s a y t h a t s u c h la n d m ay b e c o n d e m n e d in a n o t h e r c o u n ty . U n q u e s tio n a b ly th e G e n e ra l A s s e m b ly co u ld h av e g iv e n th e c o u n tie s a u th o r ity t o c o n d e m n [2 4 ] h o o l P r o pe r t y a n d Sc h o o l Bo § 22-166.2 n d s a d e le g a tio n of p o w e r it d o es n o t ex ist, R ep. A tty . G en., 1952-53, p. 2 0 2 . § 22-150. Title to real estate for public uses to be approved by a t torney at law. R e q u ire m e n t as t o e x a m in a tio n of t itle a p p lie s to a c q u isitio n o f title b y c o n d e m r a t i o n p ro c e e d in g s o r b y dee d o f g ift. B u t if e x a m in a tio n n o t m a d e in th e title is n o t re n d e re d b ad . G e n . (S e p t. 11, 1951), 1951-52. su ch cases R ep . A tty . § 22-153. Minimum floor and air space; ventilating facilities.—-No plans for the erection of any public school building or addition thereto shall be approved, unless the same shall provide the minimum floor and air space for each pupil to be accommodated therein and minimum ventilating facilities as pre scribed by regulations of the State Board of Education. (Code 1919, §§ 674, 675; 1928, p. 1208; 1930, p. 817; 1936, p. 596; Michie Code 1942, § 671; 1948, p. 1025; 1950, p. 472; 1954, c. 257.) T h s 1954 a m e n d m e n t elim in a te d th e fo rm e r p ro v is io n s s p e c ify in g th e m in im u m flo o r a n d a ir s p a c e a n d th e n e c e s s a ry v e n tila tin g fa cilities, a n d s u b s titu te d th e re- q u ire m e n t th a t th e s e m a tte r s b e a s p re s c rib e d b y re g u la tio n s o f th e S ta te B o a rd o f E d u c a tio n , § 22-154. Light.—No plans for the erection of any public school building or addition thereto shall be approved, unless the same shall provide for ample light—natural or artificial—for pupils as prescribed by regulations of the State Board of Education. (Code 1919, § 675; 1928, p. 1208: 1930, p. 817: 1936, p. 596; Michie Code 1942, § 671; 1948, p. 1026; 1950, p. 473; 1954, c. 257.) T h e 1954 a m e n d m e n t re w ro te th is s e c tio n so a s to re q u ir e a m p le lig h t a s p re - s c rib e d b y th e re g u la tio n B o a rd o f E d u c a tio n . of th e S ta te § 22-161. Sale or exchange of property. S c h o o l B o n d s. 22-188.2. F u r t h e r a s to v a lid a tio n o f b o n d s. D e fin itio n s . Sc lan d fo r sch o o l p u rp o s e s b e y o n d th e ir te r rito ria l lim its , b u t in th e a b s e n c e o f su ch § 22 -1 4 6 .8 . How funds to be expended. P r o p e r ite m s f o r e x p e n d itu r e .— T h e c o s t o f p re p a rin g a s ite fo r a s c h o o l b u ild in g is a p ro p e r ite m fo r w h ic h fu n d s u n d e r th is s e c tio n c o u ld be u sed , a s is th e c o s t o f c o n s tru c tio n a w ell to s u p p ly w a te r fo r th e § 22-150 P r iv a te s a le .—U n d e r th is se c tio n a n d § 15-692, th e c o u n ty sch o o l b o a rd is em p o w e re d t o sell re a l p ro p e rty a t a p riv a te sa le in th e u s u a l m a n n e r fo r th e tra n s a c tio n o f p riv a te s a le s ; p ro v id e d , th a t no sa le o f s u c h re a l p ro p e rty sh a ll b e m a d e w ith o u t th e a p p r o v a l a n d ra tific a tio n o f s u c h sa le b y a n o rd e r o f th e c irc u it c o u rt o f s u c h c o u n ty e n te re d o f re c o rd . R ep. A tty . G en., 1952-53, p. 205. § 22-164. Use of building for other than school purposes. U s e o f s c h o o ls a s v o tin g p la c e d is c re tio n a ry w ith b o a rd . R ep . A tty . G en.. 195001, p . 262. W h e t h e r a sc h o o l b u ild in g sh o u ld be u s e d fo r th e e s ta b lis h m e n t o f a n e le ctio n p re c in c t is a m a tte r o f p o lic y w h ich m u s t b e d e te rm in e d b y th e s c h o o l b o a r d o r th e d ivision s u p e r in te n d e n t, s u b je c t to th e a p p ro v a l of th e b o a rd , in th e lig h t o f th e s u rr o u n d in g fa c ts a n d c irc u m s ta n c e s . R ep . A tty . G en., 1952-53, p. 207. § 22-164.1. Boards will permit such use as will not impair efficiency; general conditions. B ro a d d is c re tio n a ry p o w e rs v e s te d in sc h o o l b o a r d in re g a rd to use o f s c h o o l p r o p e r ty b y o th e r o rg a n iz a tio n s . R ep. A tty . G en., 1950-51, p. 263. L ia b ility in t o r t . — A sc h o o l b o a rd in a llo w in g th e u se o f a sch o o l b u ild in g a n d c h a rg in g a fe e th e r e f o r to c o v e r m in im u m A e x p e n s e s in c u rr e d a s a r e s u lt o f th e u s e of th e b u ild in g is a c tin g w ith in th e s c o p e of its a u th o r ity a n d t h e r e c a n b e n o lia b ility u p o n th e b o a r d in a t o r t a c tio n , o n a c c o u n t o f th e g o v e r n m e n ta l im m u n ity fro m such lia b ility . R ep . A tty . G e n . (D e c . 16, 1953), 1953-54. r t ic l e 1.1. Plans and Specifications for School Buildings. § 22-166.2. Submission of such plans to local school boards; charges.—(a) Where school construction is to be financed in whole or in part by State grant or loan, the local school board, before entering into any contract [25 | �§ 22-166.3 V ir g in ia Sc h o o l L a w s Su ppl emen t § 22-166.7 or obligation to expend any funds therefor, shall hold a conference with the State Board of Education for the purpose of being advised of the services which the State Board can render in connection therewith. Other local school boards may do likewise. (b) The State Board on request of any local school board shall furnish any or all of the following: (1) The preparation by practicing architects or engineers licensed in this State of plans, specifications and sketches, hereinafter referred to as plans, for school buildings and auxiliary buildings and additions thereto, hereinafter referred to as buildings. The State Board shall have such plans prepared under contract with practicing architects. The local school board shall pay the State Board the cost of the foregoing as determined by the State Board. (2) The plans provided for in § 22-166.1 and major modifications thereof shall be prepared by persons or firms licensed under Virginia law and not regularly employed by the State Board. Minor modifications thereof may be made by ar chitects regularly employed by the Board. Such plans shall be furnished to any local school board at cost as determined by the State Board. (3) The supervision of (a) advertising and award of bids for, (b) preparation and execution of contracts involved in. The local school board shall pay the State Board for the cost of such services as determined by the State Board. (4) The collection and maintaining of such data on school construction costs as may be necessary to evaluate bids. (c) The State Board shall from time to time prepare and send to local school boards brochures showing a selection of plans and the services of the State Board in connection with school construction. (d) Whenever in this article any duty is imposed upon the State Board such Board may require such duty to be performed by the State Department of Educa tion. (1950, p. 952; 1952, c. 606.) T h e 1952 a m e n d m e n t c o m p le te ly re w r o te th is s e c tio n , w h ic h fo r m e rly re q u ire d th e S ta te B o a rd o f E d u c a tio n to n o tify e a c h s c h o o l b o a r d o f th e p lan s av a ila b le , s u b m it t h e s a m e u p o n re q u e s t a n d c h a rg e th e sc h o o l b o a rd a p r o ra ta s h a r e o f th e c o s t o f su ch p lan s, § 2 2 -1 6 6 .3 . Advisory Research Committee.—(a) There is hereby es tablished an Advisory Research Committee referred to as Committee. (b) The Committee shall consist of twelve members, to be appointed by the Governor for terms of four years. One member when appointed shall be from each of the following: Senate of Virginia, House of Delegates, State Board of Education, Virginia Chapter, American Institute of Architects, Virginia Branch, Associated General Contractors, Virginia Society of Professional Engineers. Ar chitectural Department of Virginia Polytechnic Institute, Architectural Depart ment of the University of Virginia, and a division superintendent of schools and three from the field of business and management. (c) The members of the Committee shall receive no salary for their services as members but shall be paid their expenses. (d) The Committee shall assist the State Board by advising it as to the effi ciency of school construction with due regard to economy, operation, maintenance, design, function, instructional facilities, as the same relate to the safety and health of the school child. It shall also be the duty of the Committee to advise the State Board in connection with the services rendered by the Board under this article. (1950, p. 952: 1952, c. 606.) T h e 1952 a m e n d m e n t a d d e d “ A d v is o ry ” to th e title o f th e A d v is o ry R e s e a rc h C o m m itte e , in c re a s e d th e n u m b e r o f m e m b e r s fro m e ig h t to tw elv e , a n d re w ro te th e p r o v is io n s a s to th e d u tie s o f th e C o m m itte e , §§ 22-166.4, 22-166.5: Repealed by Acts 1954, c. 675. § 2 2 -1 6 6 .7 . Appropriation.—There is hereby appropriated, for the pur[2 6 ] § 22-166.8 Sc h o o l P r o pe r t y a n d Sc h o o l Bo n d s § 22-166.12 poses of this article, insofar as may be required, to the State Board of Education, subject to approval by the Governor, interest on State funds, appropriated for school construction. (1952, c. 606.) T h e n u m b e r o f th is s e c tio n w as a s s ig n e d by th e V irg in ia C ode C o m m issio n , th e 1952 a c t h a v in g a s s ig n e d n o n u m b e r. A rticle 1.2. Assistance and Advice on State-Aid Projects; Competitive Bidding. § 22-166.8. Definitions.—As used herein: (a) “Superintendent” means Superintendent of Public Instruction; (b) "State-aid project” means the construction of any building for school purposes or substantial addition to such a building for which State funds, either by appropriation, grant-in-aid or loan, are used or to be used for all or part of the cost of construction; (c) “ O w n e r ” means school board, agency or authority or political subdivision having a State-aid project for construction. (1954, c. 675.) Cross re fe re n c e .— A s to S ta te aid in w e re a s s ig n e d b y th e V irg in ia C o d e C oin- c o n s tru c tio n o f s c h o o ls , se e §§ 22-146.1 to 22-146.11. T h e n u m b e rs o f §§ 2 2 - 1 66.8 to 22-166.13 m iss io n , th e 1954 a c t h a v in g a s s ig n e d n o n u m b e rs . § 2 2 -166.9. Superintendent to compile data concerning costs and materials.—The Superintendent shall compile data concerning the cost of con struction of buildings of various types and sizes in such manner as to show unit costs, material costs, and labor costs, and comparative costs as between buildings of similar kinds or which are constructed for similar purposes. The Superin tendent shall also compile data concerning building materials and the relative advantages of different materials in construction and use. Such data may be taken from nationally recognized publications containing the same, provided the owners thereof consent. (1954, c. 675.) § 2 2-166.10. Data to be published and distributed.—The Superin tendent shall publish periodically the data compiled by him under the provi sions of § 22-166.9, and shall send copies thereof to each division superintendent of schools, and each other agency or authority to which State funds have been made available for State-aid projects, or which has applisd for funds for a Stateaid project under any applicable provision of law. (1954, c. 675.) § 2 2 -166.11. Consultation with Superintendent required before entering into contracts, etc.—(a) After the selection of an architect or engineer by any owner but before a contract is entered into between any archi tect or engineer and any such owner for the preparation of plans or specifica tions for any State-aid project such owner shall consult with the Superintend ent concerning the proposed contract with such architect or engineer. (b) Prior to the advertising for bids or letting of any contract for construc tion of a State-aid project such owner shall consult with the Superintendent concerning plans, materials, costs and terms of the contract for construction thereof. (c) No State funds, whether by way of appropriation, grant-in-aid, or loan, shall be expended, allocated, or made available in any way until such owner certifies to the Superintendent of Public Instruction that the consultations re quired by this section have been had. (1954. c. 675.) § 2 2-166.12. Competitive bidding on State-aid projects.—No con tract for the construction of any State-aid project shall be let except after com[271 �§ 22-166.13 V ir g in ia Sc L h o o l a w s Su § 22-188.2 ppl e m e n t petitive bidding. The procedure for the advertising for bids, and letting of the contract, shall conform, mutatis mutandis, to chapter 4 of Title 11 of the Code of Virginia. No person or firm shall be eligible to bid on any such contract, nor to have the same awarded to him or it who has been engaged as architect or en gineer for the same project. (1954, c. 675.) S u b c o n tra c ts .— I f a s c h o o l b o a r d c h o o s e s to e r e c t a b u ild in g b y a w a rd in g s u b c o n t r a c t s f o r t h e v a r io u s p h a s e s o f th e w o rk . th e s e c o n tr a c ts s h o u ld n o t b e a w a rd e d exc c p t a f te r c o m p e titiv e b id d in g . R ep . A tty . G e n . (A p r . 2G, 1954), 1953-54. § 2 2 -1 6 6 .1 3 . Requirement of approval of certain plans and speci fications not dispensed with.—Nothing contained in this article shall dis pense with the requirement of approval of certain plans and specifications by the Superintendent of Public Instruction and the division superintendent of schools under § 22-152 of the Code. (1954, c. 675.) A r t ic l e 2. School Bonds. § 2 2 -1 6 7 . Purposes for which issued; procedure. N o a u th o r ity t o in itia te a s c h o o l b o n d e le c tio n w ith o u t c o n c u rre n c e o r a p p r o v a l of school b o ard . 51, p. 33. R ep . A tty . G e n ., 1950- § 2 2 -1 6 8 . Petition of qualified voters for issuance of bonds. B o n d s t o b e s o ld a t a u c tio n — W h e n th e m a c h in e ry s e t u p b y th e s e s e c tio n s h as b e e n fo llo w e d f o r th e is s u a n c e a n d sa le of c o u n ty w id e b o n d s , s u c h b o n d s m u s t be s o ld a t p u b lic a u c tio n . A n e g o tia te d sa le is a b s o lu te ly p ro h ib ite d . R ep. A tty . G en. ( O c t . 18, 1951), 1951-52. U s e o f p ro c e e d s fo r d e v e lo p m e n t o f a t h le tic c e n te r.— T h e te rm “ s c h o o l im p ro v e m e n t s ” is b ro a d in s c o p e a n d is in clu siv e o f th e fa c ilitie s g e n e ra lly re c o g n iz e d as b e in g a p p r o p r ia te o r n e c e s s a r y in c o n n e c tio n w ith p u b lic s c h o o ls . F a c ilitie s fo r p h y s ic a l t r a in in g a n d a th le tic s a r e re c o g nize d p a r ts o f th e e d u c a tio n a l p ro g r a m a n d a c o u n ty s c h o o l b o a r d is e m p o w e re d t o a l lo c a te a p o rtio n o f th e fu n d s t o b e d e riv e d fro m an a u th o riz e d s c h o o l b o n d is s u e f o r th e d e v e lo p m e n t o f a n a th le tic c e n te r a t a c o u n ty h ig h s c h o o l. R ep. A tty . G e n . (M a y 11, 1954), 1953-54. § 2 2 -1 7 4 . Issuance of bonds. D e f e r r in g s a le o f s c h o o l b o n d s a f te r e le c tio n .— F o r g o o d c a u se , a sc h o o l b o a rd m a y d e f e r th e sa le o f th e b o n d s a n d su ch d e f e rm e n t m ay c o n tin u e fo r as lo n g a s th a t c a u s e e x is ts . I f th e o r d e r w h ic h th e c o u r t e n te re d fo llo w in g th e e le c tio n on a b o n d is su e sp ec ified th e d a te o f sale, th e b o a rd s h o u ld p e titio n th e c o u r t to a m e n d th e o r d e r b e fo re d e f e rr in g th e sale. R ep . A tty . G e n ., 1950-51, p. 249. § 2 2 -1 8 8 . Validation of bonds. The following amendment to laws continued in effect by this section is in corporated in this Code by this reference: Subsection (1). Chapter 575 of the Acts of 1952. O n l y p a r t o f s e c tio n s e t o u t.— A s th e r e fe r e n c e t o la w s in th e o rig in a l s e c tio n w a s n o t c h a n g e d b y th e s u b s e q u e n t a m e n d - m e n t, o n ly re fe r e n c e t o t h e c h a p te r s e ttin g o u t s u c h a m e n d m e n t is liste d ab o v e , § 2 2 -1 8 8 .2 . Further as to validation of bonds.—Chapter 647 of the Acts of 1954, validating bonds for school purposes, is incorporated in this Code by this reference. T h e n u m b e r o f th is s e c tio n w a s a s s ig n e d b y t h e V irg in ia C o d e C o m m is s io n , th e 1954 a c t h a v in g a s s ig n e d n o n u m b e r. § 22-204 T ea c h er s , O T ea c h er s , O f f ic e r s § 22-213 m pl o y e e s CHAPTER 11. f f ic e r s a n d E m pl o y e e s . § 22-204. Certificate required of teachers.—No teacher shall be regularly employed by a school board or paid from the public funds unless such teacher holds a certificate in full force in accordance with the rules of certifica tion laid down by the State Board of Education, provided, that, in accordance with regulations prescribed by the State Board of Education a person not meet ing the requirements for such certification may be employed and paid from pub lic funds by a school board temporarily as a substitute teacher to meet an emer gency. (1922, p. 740; 1928, p. 1205; 1930, p. 886; 1936, p. 506; 1938, p. 637; 1940, p. 644; Michie Code 1942. § 660: 1954, c. 63S.) T h e 1954 a m e n d m e n t in s e rte d “re g u la rly ” b e fo re th e w o rd “ em p lo y e d ” n e a r th e b e g in n in g o f th e s e c tio n a n d m a d e o th e r c h a n g e s , A p p lie d in H ill v. C o m ’r R ev en u e , 181 F . (2 d ) 906. of In te r n a l § 22-208. Duration of such contracts.—The State Board of Education shall prescribe rules and regulations to enable local school board, in employing teachers, to make contracts with any of such teachers as to it may appear advisable, to continue in effect for more than one year, the provisions of such contracts as to the expiration and termination thereof to be prescribed by said rules and regu lations. (1945. p. 26: Michie Suppl. 1946, § 664; 1952, c. 634.) T h e 1952 a m e n d m e n t m ad e it in a n d a to ry fo r th e S ta te B o a rd of E d u c a tio n to p re s c rib e ru le s a n d r e g u la tio n s en a b lin g local sc h o o l b o a rd s t o m a k e c o n tra c ts w ith te a c h e rs fo r m o re th a n o n e y ea r, § 22-213. Unlawful for officers and teachers to be interested in con tracts. T h e la n g u a g e o f th is sec tio n is b ro a d e n o u g h to in c lu d e m e m b e rs of th e S chool T r u s t e e E le c to r a l B o a rd p ro v id e d fo r b y § 22-60. R e p . A tty . G en. (A u g . 21. 1951). 1951-52. A n d i t is u n la w fu l f o r a m e m b e r o f th e S c h o o l E le c to r a l B o a rd to sell o r w r ite or s o lic it in s u ra n c e o n a n y sch o o l b u ild in g in h is c o u n ty . R ep . A tty . G en. (O c t. 1*5. 1951), 1951-52. S ale o f su p p lie s, g a s o lin e , etc .— A m em b e r o f a sch o o l b o a rd w h o is re g u la rly a coal d e a le r m ay sell co a l to th e sch o o l b o ard , if h e d o es so in th e re g u la r c o u rse o f tra d e a n d w ith o u t e m p lo y in g a g e n ts to s o lic it s u c h b u sin e ss. T h is p ra c tic e is not s u b je c t to th e p e rm is s io n o f th e S ta te B o a rd . R ep. A tty . G en., 1950-51, p. 254. C o n tr a c t of s c h o o l b o a rd w ith oil c o m p an y , w h ich is c o n tro lle d by th e fa th e r of a sch o o l b o a rd m e m b e r w h o a ls o is e m p lo y e d by th e co m p a n y , sh o u ld be s u b m itte d to S ta te B o ard o f F .ducation for a u th o riz a tio n . R ep . A tty . G en. ( O c t. 4, 1951), 1951-52. S ale o f g ra v e l to c o n tr a c to r f o r m a in te n a n c e p u rp o s e s .— A s c h o o l b o a rd m e m b e r s e llin g g ra v e l t o a c o n tr a c to r to be u sed b y th e c o n tr a c to r in m a in ta in in g o r c o n s tru c tin g ro a d s a n d p a r k in g a r e a s s u r ro u n d in g a local p u b lic sc h o o l c a n n o t be said t o 'h a v e an in te r e s t in a c o n tr a c t for b u ild in g a p ublic s c h o o lh o u s c o r in f u r n is h in g m a te r ia ls to a c o n tr a c to r fo r b u ild in g s u c h s c h o o lh o u s e . R e p . A tty . G en. (A u g . 4, 1953), 1953-54. M e m b e r’s p a r tn e r fo r m in g n e w p a r tn e r sh ip to sell s u p p lie s t o c o n tr a c to r .— W h e re a sch o o l b o a rd m e m b e r is a p a r tn e r in a p a r tn e rs h ip h a n d lin g b u ild in g su p p lie s, a n o th e r p a r tn e r m a y fo rm a n e w p a r tn e r ship, in w h ich th e sc h o o l b o a rd m e m b e r is n o t in te re s te d , fo r th e p u rp o s e o f se ll in g ite m s to a c o n tr a c to r b u ild in g a s c h o o l a n d m a y m a k e so m e p u rc h a s e s fro m th e o rig in a l p a r tn e rs h ip a t c o s t fo r re s a le to th e c o n t r a c t o r w ith o u t v io la tin g th is s e c tio n . a lth o u g h th e l a tte r p ra c tic e w o u ld be o f d o u b tfu l p ro p r ie ty . R ep . A tty . G en. (D e c . 23, 1953), 1953-54. E ffe c tiv e d a te .— T h e e m e rg e n c y a c t inc o r p o ra te d b y th is s e c tio n w a s a p p ro v e d A p ril 7, 1954. r 28 i E a n d [2 9 ] �22-218 V ir g in ia Sc L h o o l a w s S u ppl e m e n t § 22-220 u p il s Ge n er a l l y A r tic le 4. C o m p u ls o ry A tte n d a n c e . Sec. 22-262. C e rtific a tio n o f n a m e s o f b lin d o r d e a f c h ild re n to C o m m is s io n fo r V is u a lly H a n d ic a p p e d . A r t ic l e 1. General Provisions. § 2 2 -2 1 8 . What pupils admitted to schools.—The public schools, ex cept as otherwise provided, shall be free to all persons between the ages of seven and twenty years residing within the county, or city, including the children of persons residing on any federal military or naval reservation located, wholly or partially, within the geographical boundaries of such county or city. Persons liv ing in a county or city, the school system of which is operating on an annual promotion basis, who have reached their sixth birthday on or before September thirtieth of any year for the first semester, and persons living in a county or city, the school system of which is operating on a semiannual promotion basis, who have reached their sixth birthday on or before September thirtieth for the first semester or on or before March first of any year for the second semester, may, in the discretion of the school board, be admitted to primary grades for said semesters accordingly, and persons under six years of age may be admitted to such kindergartens as may be established by local school authorities and op erated as a part of the public school system. Such kindergartens shall not be entitled to participate in the State school fund, but shall be supported by the local authorities. The school board, in its discretion, may admit as pupils into any of the public schools, persons above the age of twenty years under regula tions to be prescribed by the State Board, provided the admission of such pupils will not in the opinion of the school board, impair the usefulness and efficiency of such school. The school board, in its discretion, may charge such pupils tuition fees. (Code 1919, §§ 719, 721; 1928, p. 1213; 1930, p. 887; 1942, p. 101; Michie Code 1942, § 682; 1948. p. 301; 1954, c. 638.) T h e 1D54 a m e n d m e n t in s e rte d t h e re f e r e n c e s to s e m e s te rs . A c h ild b o rn o n O c to b e r 1 s t re a c h e s h is b i r t h d a y o n S e p te m b e r 30, a n d t h e re fo re m a y b e a d m itte d to s c h o o l in th e y e a r in w h ic h h is s ix th b irth d a y o c c u rs . R ep . A t t y . G en. ( M a rc h 25, 1952), 1951-52. M e a n in g o f “ re s id in g .”— T h e w o r d “ r e s id in g " a s u s e d in th e firs t s e n te n c e o f t h i s s e c tio n is n o t u s e d in th e s e n s e of h a v in g a te c h n ic a l le g a l d o m icile in th e c i t y o r c o u n ty . T h e w o r d “ re s id in g ” m e a n s a c tu a lly p h y s ic a lly liv in g in th e c o u n ty o r c ity . R ep . A tty . G e n ., 1952-53, p . 214. C h ild r e n liv in g w ith t h e ir p a r e n ts in a c i t y a r e re s id in g in t h a t c ity w ith in th e m e a n in g o f th is s e c tio n e v e n th o u g h th e p a r e n ts a r e r e ta in in g t h e i r o rig in a l d o m i c ile s in a n o t h e r s ta te . R e p . A tty . G en., 1952-53, p. 215. C h ild r e n o f m e m b e r s o f a r m e d s e rv ic e s re s id in g in c o u n ty o r c ity .— T h e c h ild re n o f m e m b e r s o f o n e o f t h e a r m e o se rv ic e s a c tu a lly re s id in g in a c o u n ty o r c ity a re n o t re q u ir e d t o p a y tu itio n to a tte n d th e p u b lic s c h o o ls . R e p . A tty . G e n ., 1952-53, p. 214. § 2 2 -2 2 0 . Nonresident pupils. T h i s s e c tio n d o e s n o t a p p ly t o c h ild re n w h o a r e liv in g w ith t h e i r p a r e n t s in a c ity e v e n th o u g h t h e p a r e n t s a r e re ta in in g th e ir o r i g i n a l d o m ic ile s in a n o t h e r s ta te . R ep. A tty . G e n ., 1952-53, p . 215. C h ild re n o f s e r v ic e m e n re s id in g in c o u n ty o r city .— S ee R e p . A tty . G e n ., 1952-53, p. 214. [3 0 ] Ge u p il s T h is re q u ir e d s e p a ra tio n o f th e ra c e s is n o t o ffen siv e to th e fe d e ra l s ta tu te s a n d . A r tic le 3. H e a lth P ro v is io n s . S ec. 22-242. [R e p e a le d .J 22-247. [R e p e a le d .] P § 22-251 n er a l l y § 22-221. White and colored persons. CHAPTER 12. P § 22-221 C o n s titu tio n . D a v is v . C o u n ty B o a rd , 103 F . S upp. 337. S chool § 22-223. Quinquennial census of school population.—At a time to be designated by the Superintendent of Public Instruction, prior to September first, nineteen hundred fifty, and every five years thereafter, a census of all per sons between the ages of seven and twenty years, residing within each county or city, shall be taken on forms furnished by the Superintendent of Public In struction. Persons of school age domiciled in orphanages or eleemosynary in stitutions or living on any federal military or naval reservation or other federal property, shall be included in the census for the county or city within which the institution or federal military or naval reservation or other federal property is located. Persons of school age confined in insane asylums, State or federal in dustrial schools or prisons, shall be included in the census for the county or city that is the legal residence of the parents or guardians of such child or chil dren. (Code 1919, § 653; 1928, p. 1219; 1930, p. 888; 1936, p. 511; Michie Code 1942, § 695; 1948, p. 155; 1954, c. 638.) T h e 1954 a m e n d m e n t re w ro te th e sec o n d a n d th ir d s e n te n c e s . § 22-230. Power of principals and teachers as to suspension of pupils. A c tio n to b e ta k e n w h e n su s p e n d e d c h ild c o n tin u e s to a tte n d sch o o l. — See Rep. A tty . Gen. (Feb. 17, 1954), 1953-54. 1953-54. A p p lie d in F lo r y 134 S. E . 360. v. S m ith , 145 Va. 164, § 22-231. Duty of school board as to suspension or expulsion. A d m is s io n in s c h o o ls o f m a rrie d w o m e n a n d m o th e r s o f ille g itim a te c h ild re n de- p e n d s u p o n all th e fa c ts in e a ch ca se. R ep. A tty . G en., 1950-51, p . 241. A r t ic l e 3. Health Provision. § 22-242: Repealed by Acts 1952, c. 274. § 22-247: Repealed by Acts 1952, c. 273. A r t ic l e 4. Compulsory Attendance. § 22-251. Ages of children required to attend.—Every parent, guard ian, or other person in the Commonwealth, having control or charge of any child, or children, who have reached the seventh birthday and have not passed the six teenth birthday, shall send such child, or children, to a public school, or to a pri vate, denominational or parochial school, or have such child or children taught by a tutor or teacher of qualification prescribed by the State Board and approved by the division superintendent in a home, and such child, or children, shall regu larly attend such school during the period of each year the public schools are in session and for the same number of days and hours per day as in the public schools. The provisions of this section shall apply to any child or children who may be admitted to the primary grades in the public free schools of Virginia under the discretionary provision of § 22-218. (Code 1919, § 722; 1918. p. 752; 1922, p. 641; 1928, p. 1214; 1930, p. 995; 1934, p. 242; 1936. p. 508: 1940, p. 659; Michie Code 1942, § 683: 1944, p. 29; 1945, p. 60; 1948, p. 853; 1952, c. 279.) T h e 1952 a m e n d m e n t a d d e d th e se c o n d sen ten c e. [3 1 ] �§ 22-253.1 V ir g in ia Sc h o o l L a w s S u ppl e m e n t § 22-281 § 22-2 53.1. Excusing certain children from compulsory education requirements.—Notwithstanding the provisions of § 22-251, the school board may on recommendation of the principal, superintendent of schools and the judge of the juvenile and domestic relations court of such county, or city, excuse from further attendance at such school any child, fourteen years of age or over, who in their judgment cannot further benefit from further education provided at such school, provided no such child shall be so excused unless the written con sent of his parent or guardian be given. (1950, p. 102; 1954, c. 638.) T h e 1354 a m e n d m e n t in s e rte d “o r c i t y ’' in lin e th re e . § 22-255. Duty of parent or guardian. W h e re a c h ild is a n d a c tu a lly b o a rd s la te r lea v es th e b u s e re d to th e s c h o o l p re p a re d f o r s c h o o l th e sch o o l bu s b u t o r a c tu a lly is d e liv p r o p e r t y b y th e b u s b u t d o e s n o t a tte n d c la ss , a co n v ic tio n a g a in s t a p a r e n t u n d e r th is s e c tio n could n o t b e s u s ta in e d . R ep . A tty . G e n . (N o v . 25, 1953), 1953-54. § 2 2-262. Certification of names of blind or deaf children to Com mission for Visually Handicapped.—The principal teacher of every public school in the counties and towns and the truant officers of the cities shall, with in thirty days from the beginning of the school year, furnish the division super intendent and the county or city school board with the names of all children who are blind or partially blind or deaf between the ages of seven .and sixteen years, inclusive, living within the boundaries of his or her school district who do not attend school. It shall be the duty of the school board to certify forth with the names of all such deaf children to the respective superintendents of the State schools for the deaf, and of all such blind or partially blind children to the Virginia Commission for the Visually Handicapped and to the super intendents of the schools for the blind whose duty it shall be to investigate all cases of nonenrollment of such blind children, and when no valid reason is found therefor, such child or children shall be required to attend school as provided in § 22-254. (1930, p. 997; 1936, p. 510; 1940, p. 661; 1942, p. 41; Michie Code 1942, § 684; 1944, p. 31 ; 1954, c. 71.) T h e 1954 a m e n d m e n t c h a n g e d th e n a m e o f th e V irg in ia C o m m is s io n fo r th e B lin d to th e V irg in ia C o m m is s io n fo r th e V is u a lly H a n d ic a p p e d . CHAPTER 13. T r a n s p o r t a t io n A r t ic l e o f P u p il s . 1. In General. § 2 2 -2 7 7 . Collection of toll unlawful. T h i s s e c tio n is n o t b r o a d e n o u g h t o in c lu d e c h ild re n a tt e n d i n g a c o u r s e in s w im - m in g in s tr u c tio n g iv e n b y th e R e d C re s s . R ep . A tty . G e n .. 1952-53, p. 245. § 2 2 -2 8 0 .1 . When warning lights and identification to be covered. T r a n s p o r t a t i o n o f s c h o o l c h ild re n fo r p u rp o s e o f a th le tic e v e n ts o r a c a d e m ic c o n te s ts .— W h e n s c h o o l c h ild re n a r e b ein g t r a n s p o r te d in s c h o o l b u s e s fro m o n e city t o a n o t h e r fo r th e p u rp o s e o f a th le tic e v e n ts o r a c a d e m ic c o n te s ts , th e b u s o p e r a t o r s s h o u ld n o t be re q u ir e d t o co v e r t h e id e n tific a tio n a n d w a rn in g lig h ts on th e v eh ic le . R e p . A tty . G en., 1952-53, p. 211 . § 2 2 -2 8 1 . Failure to use warning device not to relieve motorist from duty. C o d e C o m m is s io n c o r re c tio n .— T h e sectio n n u m b e r in th e h is to ric a l re fe r e n c e s a t th e e n d o f th is s e c tio n , in th e o rig in a l vol- u m e , s h o u ld re a d "§ 683a2" in s te a d o f “§ 68a2". 132 | § 22-296 T § 22-306.1 ex t bo o k s CHAPTER 14. ' T ex t bo o k s . Sec. 22-306.1. P r e p a r a tio n , p u b lic a tio n and a d o p tio n o f c e rta in te x ts in th e p u b lic s c h o o ls ; V irg in ia T e x tb o o k H istory C o m m issio n , a n d G o v e rn m e n t § 22-296. Selection of textbooks and appliances.—The State Board shall select textbooks and educational appliances, including films, for use in the public schools of the State, exercising such discretion as it may see fit in the selection of books suitable for the schools in the cities and counties respectively. (1922, p. 226; 1928, p. 1190; 1930, p. 879; 1934, p. 18; Michie Code 1942, 8 617; 1948, p. 299; 1954, c. 474.) T h e 1954 a m e n d m e n t in s e rte d th e w o rd s “ in c lu d in g film s" in lin e tw o. § 22-306.1. Preparation, publication and adoption of certain texts in the public schools; Virginia History and Government Textbook Com mission.—(1) The State Board of Education is authorized and empowered to contract, in conjunction with a State legislative commission, with a publishing firm or publishing firms for preparation, publication and adoption, for exclusive use in the public schools of Virginia, of texts on Virginia’s history, government, and geography, prepared under the supervision of such commission and the Board. The State Board is authorized to require exclusive use of such texts in the teach ing of such subjects in the public schools of Virginia. Provided that this power shall only be applicable if the Board has heretofore entered into such a contract or contracts, which contracts have been filed with the Division of Statutory Research and Drafting, and are hereby ratified, validated and confirmed in all respects. (2) The Virginia History and Government Textbook Commission created by Senate Joint Resolution No. 5, 1950, is hereby established and continued. The Commission shall be composed of seven members from the State at large appointed by the Governor. The members of the Commission shall hold office for terms of two years expiring on the thirtieth day of June following each regular session of the General Assembly, and thereafter until their successors are appointed. (3) The Commission and State Board of Education are authorized and directed to discharge their duties under such contracts. (4) Should the Commission and the State Board of Education be unable to agree as to any matter arising under or in connection with any of such contracts, either the Commission or the Board may refer such matter to the Governor for decision by him or by persons designated by him. Such decision shall be bind ing upon the Commission and the Board. (5) The Commission is authorized to employ only such assistants at such rea sonable compensation as it deems appropriate. (6) The members of the Commission shall be paid a per diem of ten dollars a day and expenses for each day they are engaged in business of the Commission. The per diem and expenses and such other expenses as the Commission may incur shall be paid from funds appropriated therefor. (7) Sixty days prior to the convening of each regular session of the General Assembly, the Commission shall make a report to the Governor and the General Assembly setting forth what has been, and what remains to be done under such contracts. (8) The Commission shall complete the performance of the duties imposed by this section prior to, and shall cease to exist on June 30, 1956. (1952, c. 19.) T h e n u m b e r o f th is s e c tio n w a s a s s ig n e d b y th e V irg in ia C ode C o m m issio n , th e 1952 a c t h a v in g a s s ig n e d no n u m b e r. SL— 3 W h e n G o v e rn o r to b e a r b it r a t o r u n d e r s u b s e c tio n (4 ) .— U n d e r su b s e c tio n (4 ) . th e G o v e rn o r s h a ll b e th e final a r b itr a to r of (33 1 �§ 22-315 V ir g in ia Sc iio o i. L d is p u te s o n ly w h e re t h e r e is d is a g re e m e n t a s to m a t t e r s a r is in g u n d e r a c o n tra c t th e p ro v is io n s o f w h ic h e s ta b lis h o r c r e a te a w s S u ppl e m e n t § 23-1.1 jo in t o r e q u a l r e s p o n s ib ility in th e C o m m iss io n a n d B o a rd . R e p . A tty . G en. (F e b . 5, 1952), 1951-52. § 22 -3 1 5 . State Board to exercise supervisory powers necessary for proper distribution, care, etc. A u th o r ity o f S ta te B o a rd o v e r p a y m e n t T e x tb o o k F u n d to in c lu d e p a y m e n t for f o r te x tb o o k s b y lo c a l b o a rd s .— T h e S ta te f r e ig h t a n d d ra y a g e . R ep . A tty . G en., B o a r d m a y a d o p t a re s o lu tio n p ro v id in g . 1950-51, p. 259. fo r is s u a n c e o f w a r r a n ts d ra w n on th e § 22 -3 1 6 . Apportionment and distribution of textbook funds to counties and cities.—The State funds appropriated for this purpose shall be apportioned by the State Board and distributed to the counties and cities of the State for the purchase of adopted textbooks by the respective local school boards on the basis of one dollar per pupil enrolled during the fiscal year preceding that for which the apportionment and distribution are made. In the event the amount appropriated is insufficient to make such distribution, the State Board is author ized and empowered to apportion and cause to be distributed to the counties and cities of the State for such purpose such moneys as may have been appropriated by the State, for the purchase of adopted textbooks on the aforesaid basis of one dollar per pupil enrolled in the respective grades of the public schools beginning with the special classes and going in ascending order through the first grade and as far up the scales of grades as the funds will permit; thereupon, the school boards of the respective counties and cities shall, notwithstanding other provisions of this chapter, be required to carry into effect the provisions of this chapter only in so far as it shall relate to the grades, the pupils in such grades, and the textbooks and other material required for such grades and pupils, as shall be covered and provided for by State appropriation. (1946, p. 559; Michie Suppl. 1946, § 786(20) ; 1948, p. 103; 1952, c. 639.) T h e 1952 a m e n d m e n t c h a n g e d th e b a s is p e r p u p il fr o m n in e ty c e n ts to o n e d o lla r. T itle 23. E d u catio n al In stitu tio n s. CHAPTER 1. G Sec. e n er a l 23-1.1. R e p o r t o f a th le tic re c e ip ts a n d d is b u rs e m e n ts . 23-4.1. S a le o f in te re s t in re a l p ro p e r ty a c q u ire d b y w ill o r d e e d of g ift. 23-7.1. C h ild re n o f p e r s o n s k ille d o r d is a b le d d u e t o w a r serv ic e. P r o v is io n s . o c t. 23-9.1. G r a n tin g e a s e m e n ts a c ro s s la n d s of c e rta in s c h o o ls a n d in s titu tio n s . 23-9.2. P u b lic p o licy o f S ta te in re s p e c t to e n d o w m e n t fu n d s o f S ta te -s u p p o rte d in s titu tio n s o f h ig h e r e d u c a tio n . § 2 3 -1 .1 . Report of athletic receipts and disbursements.—It shall be the duty of the president or chairman of the board of visitors or trustees of every State institution of higher learning which maintains an intercollegiate ath letic program to cause to be made out by the proper officer of such institution, and forwarded to the Director of the Budget annually by December thirty-first a de tailed statement of all athletic receipts and disbursements of such institution and of any affiliated committee, group, corporation or association charged with ad ministering the athletic program. Such report shall include all receipts from ad mission tickets, programs, refreshment concessions, radio, television, newsreel or [3 4 ] § 23-4.1 Ge P n er a l r o v is io n s § 23-7.1 movie rights, and all other receipts related to any athletic contest or event. The report of disbursements shall include the name of each person, firm or corporation to whom such disbursement was made and the amount thereof. The report shall be kept on file by the Director of the Budget and shall be open to public inspection at all reasonable times. (1952, c. 172.) § 23-4.1. Sale of interest in real property acquired by will or deed of gift.—The boards of visitors or trustees of all State educational institutions, with the approval of the Governor first obtained, are hereby authorized to sell and convey whatever interest they may have in real property that has been or may hereafter be acquired by will or deed of gift. The proceeds from such sales and conveyances shall be held, used and ad ministered in the same manner as all other gifts and bequests are held, used and administered. Nothing in this section shall be construed as authorizing or empowering the sale and conveyance of such real property contrary to the terms and condi tions of the will or deed of gift. (1954, c. 92.) T h e n u m b e r o f th is s e c tio n was assigned by the Virginia Code Commission, the 1954 act having assigned no number. E ffe c tiv e d a te . —The emergency act from which this section was codified was approved March 1, 1954. § 23-7.1. Children of persons killed or disabled due to war service. —(1) Purpose and scope of section.—All sums appropriated by law for the pur pose of carrying into effect the provisions of this section shall be used for the sole purpose of providing for matriculation fees, board and room rent and books and supplies at any education or training institution of collegiate or secondary grade in the State of Virginia approved in writing by the Superintendent of Public In struction for the use and benefit of the children not under sixteen and not over twenty-two years of age either of whose parents was a citizen of Virginia at the time of entering war service, and was killed in action or died from other causes in World War I extending from April sixth, nineteen hundred seventeen, to July second, nineteen hundred twenty-one, or in any armed conflict subsequent to December sixth, nineteen hundred forty-one, while serving in the army, navy, marine corps, air force or coast guard of the United States, cither of whose parents was or is or may hereafter become totally and permanently disabled due to serv ice during such periods, whether such parents be now living or dead. (2) l'rcc tuition at State institutions. — Such children, upon recommendation of the Superintendent of Public Instruction, shall be admitted to State institu tions of secondary or college grade, free of tuition. (3) Payments to institutions.—The amounts that may be or may become due by reason of attendance at any such educational or training institution, not in excess cf the amount specified in subsection (5), shall be payable on vouchers approved by the Superintendent of Public Instruction. (4) Determining eligibility, attendance and accuracy of charges.—The Su perintendent of Public Instruction shall determine the eligibility of the children who may make application for the benefits provided for in this section; and shall satisfy himself of the attendance and satisfactory progress of such children at such institution and of the accuracy of the charge or charges submitted on account of the attendance of any such children at any such institution; provided, that neither said Superintendent nor any member of the State Board of Education nor any official or agent or employee thereof shall receive any compensation for such serv ices. (5) Limit on expenditures.—To carry out the provisions of this section there may be expended such funds as shall be appropriated for the purpose in the gen eral appropriation acts. (1930, p. 810; 1940, p. 650; Michie Code 1942, §§ 2672b2672d; 1944, p. 109; 1952, c. 83.) The 1952 amendment inserted in subsection (l) the description of the institutions at which fees, etc., may be expended, increased the maximum age of beneficiaries [3 5 ] �§ 23-9.1 V ir g in ia Sc L h o o l f r o m tw e n ty -o n e to t w e n ty -tw o y e a rs , m a d e th e s e c tio n a p p lic a b le to liv in g p a r e n ts , s u b s t it u t e d th e w o r d s “ o r in an y a r m e d c o n flic t s u b s e q u e n t to D e c e m b e r s ix th , n in e te e n h u n d re d f o r ty - o n e ” in lieu o f th e fo r m e r p ro v is io n r e la tin g to W o r ld W a r I I , an d m ade o th e r ch a n g es of p h ra s e o lo g y in th e s u b s e c tio n . I t s u b s titu te d “ S u p e r in te n d e n t o f P u b lic I n s t r u c ti o n ” for “ S ta te B o a rd o f E d u c a tio n ” in s u b s e c tio n s (2 ) , (3 ) a n d ( 4 ) , m a d e o th e r c h a n g e s of p h ra s e o lo g y in s u b s e c tio n (3 ) , a n d in s e r te d in s u b s e c tio n (4 ) a f te r “a tte n d a n c e ” t h e w o rd s " a n d s a tis fa c to ry p ro g r e s s " . a w s S u ppl e m e n t § 23-9.2 P r i o r to th e a m e n d m e n t th e p ro v is o a t th e en d o f s u b s e c tio n (4 ) r e fe r re d o n ly to th e m e m b e r s a n d th e s e c re ta ry o f th e S ta te B o a rd o f E d u c a tio n . T h e a m e n d m e n t a ls o d e le te d fr o m s u b s e c tio n (5 ) th e fo r m e r p ro v is io n lim itin g e x p e n d itu r e s to one h u n d re d a n d fifty d o lla rs fo r a n y o n e c h ild fo r a n y o n e y ea r. I t e m 203 o f th e A p p r o p ria tio n A c t of 1952 ta k e s p re c e d e n c e o v e r th e 1952 a m e n d m e n t to th is s e c tio n , if t h e r e is an y co n flic t. R e p . A tty . G en. ( J u n e 1 2 , 1952), 1951-52. § 23 -9 .1 . Granting easements across lands of certain schools and institutions.—The State Board of Education is authorized, subject to the ap proval of the Governor in writing first obtained, to convey upon such terms and conditions and for such consideration as it deems proper easements upon, over, across or under the property of any school or educational institution of which it serves as the governing body, to any public utility or public service company, for the purpose of erecting and maintaining power lines, telephone lines, or water or gas lines or mains; provided, that any deed or other conveyance executed here under shall be in form approved by the Attorney General; and provided, further, that any funds derived by the Board in consideration of the granting of any such easement shall be paid into the general fund of the State treasury. Any such grant heretofore made by the Board subject to the approval of the General Assembly, is hereby ratified and confirmed. (1952, c. 74.) The number of this section w as a s s ig n e d b y th e V irg in ia C ode C o m m issio n , 1952 a c t h a v in g a s s ig n e d no n u m b e r. th e § 2 3 -9 .2 . Public policy of State in respect to endowment funds of State-supported institutions of higher education.—Whereas, the State-sup ported system of higher education can be greatly strengthened by increases in the endowment funds of the several institutions of higher education derived from private sources; and Whereas, prospective donors to the endowment funds of the several institu tions hesitate to contribute thereto on the ground that, to the extent that the income of the respective institutions is increased from private sources, the State will withdraw its support; and Whereas, in § 10 of Chapter 33 of the Acts of Assembly of 1927 the General Assembly, by setting endowment funds and income therefrom apart from other revenues of and appropriations to the institutions of higher education, indicated an intention that endowments are to be in addition to such other revenues and ap propriations; now, therefore, (1) It is hereby declared to be the public policy of the State to encourage the State-supported institutions of higher education in Virginia in their attempts to increase their endowment funds. (2) It is further declared to bo the public policy of the State that, in measuring the extent to which the State shall finance higher education in Virginia, the avail ability of the endowment funds of institutions of higher education received by such institutions on and after January 1, 1952, shall not be taken into consideration in. nor used to reduce, State appropriations or payments therefrom; but such funds shall be used in accordance with the wishes of the donors thereof to strengthen the services rendered by these institutions to the people of the Commonwealth. (1952, c 707.) The number of this section w a s a s s ig n e d by th e V irg in ia C o d e C o m m is s io n , 1952 a c t h a v in g a s s ig n e d n o n u m b e r. th e f 36 1 § 23-19 Co l l eg e a n d U n iv e r s it y Sc h o l a r s h ip s § 23-31 CHAPTER 3. Bo n d s a n d O t h e r O b l ig a t io n s . § 23-19. Amount of bonds; purposes; resolutions; Treasury Board to be issuing, etc., agent; payment or purchase by institution; no per sonal liability. (b) Such bonds shall be authorized by resolution of the board, approved by the Governor, and may be issued in one or more series, shall bear such date or dates, mature at such time or times, bear interest at such rate or rates not ex ceeding four per centum per annum payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registra tion privileges, be executed in such manner, be payable in such medium of pay ment, at such place or places, be subject to such terms of redemption, with or without premium, as such resolution or resolutions may provide. Such bonds may be sold at public or private sale for such price or prices as the board with the approval of the Governor shall determine, provided that the interest cost to maturity of the money received for any issue of such bonds shall not exceed four per centum per annum. (1954, c. 397.) T h e 1954 a m e n d m e n t in c re a se d th e in te re s t ra te in su b s e c tio n (b ) fro m t h re e to fo u r p e r c e n tu m . O n ly p a r t o f s e c tio n s e t o u t.— A s on ly s u b s e c tio n ( b ) w a s affec ted by th e a m e n d n ie n t th e re s t o f th e s e c tio n is n o t s e t out. CHAPTER 4. Co Sec. 23-35.1. M ed ica l a n d a u th o riz e d . l l eg e d e n ta l a n d U n iv e r s it y s c h o la rs h ip s Sc h o l a r s h ip s . See. 23-36.2. N u r s in g s c h o la r s h ip s a t th e M cd ica l C o lle g e o f V irg in ia a n d th e U n iv e r s ity o f V irg in ia . § 23-31. Unfunded scholarships. — (a) The corporate authorities of the University of Virginia; the Virginia Military Institute; the Virginia Poly technic Institute; the College of William and Mary in Virginia; the Medical Col lege of Virginia; the State Teachers’ College at Farmville; the Mary Washington College of the University of Virginia, at Fredericksburg; the Madison College at Harrisonburg; the Radford College, Woman’s Division, Virginia Polytechnic Institute, at Radford, and the Virginia State College, may establish scholarships, hereafter to be designated as unfunded scholarships, in their respective institu tions under such regulations and conditions as they may prescribe, but subject to the following limitations and restrictions: (1) All such scholarships shall be applied exclusively to the remission, in whole or in part, of instructional charges, which charges and fees except for laboratory fees shall be included in a single item designated as tuition. (2) The number of such scholarships awarded in any one institution for any year to Virginia students therein shall not be in excess of twenty per centum of the enrollment of Virginia students in undergraduate studies in such institution for the preceding year or in lieu thereof the total value of all scholarships awarded in any one institution for any year to Virginia students shall not be in excess of any amount arrived at by multiplying two hundred dollars by twenty per centum of the enrollment of Virginia students in undergraduate studies in such institu tion for the preceding year; the number of scholarships awarded in any one in stitution for any year to non-Virginia students in such institution shall not be in excess of twenty per centum of the enrollment of non-Virginia students in under graduate studies in such institution for the preceding year, and the total value of [ 37] �§ 23-35.1 V ir g in ia Sc h o o l L a w s S u ppl e m e n t § 23-35.1 ail scholarships so awarded to such non-Virginia students shall not exceed in any year the amount paid during such year by non-Virginia students in undergraduate studies for instructional services in excess of the actual cost of instruction of such non-Virginia students. (3; Such scholarships shall be awarded only to undergraduate students in the first four years of undergraduate work, and shall not be renewed for any subse quent year after the first unless the holder thereof maintains a high scholastic standard. (4) Such scholarships shall be awarded by the governing boards of the re spective institutions on a selective basis to students of character and ability who are in need of financial assistance. (5) Each scholarship awarded shall entitle the holder thereof to the remission of not less than one-half of the annual tuition charge to non-scholarship holders at such institution, provided that no such remission shall exceed in value the sum of two hundred dollars. (b) No educational institution named herein shall award any scholarship, or remit any special fees or charges, to any student at such institution except as authorized in this section. (c) Nothing in this section shall be construed to prevent or limit in any way the admission of certain students, known as State cadets, at the Virginia Military Institute or to affect the remission of fees or charges to such State cadets as per mitted under existing law. (d) Nothing in this section shall be construed to affect or limit in any way the control of the governing bodies of the respective institutions over any scholar ships provided or established under the provisions of §§ 23-33 to 23-35; or over any gifts or donations made to such institutions for scholarships or other special purposes; or over any funds provided by the federal government or otherwise for the purpose of vocational education or vocational rehabilitation in this State; or over any funds derived from endowment or appropriations from the federal government for instruction in agriculture and mechanic arts in land grant colleges. (e) Nothing in this section shall be construed to prevent the governing bodies of the respective institutions from fixing a reasonably lower tuition charge for Virginia students than for non-Virginia students. (Code 1919, § 993; 1936, p. 447; 1952, c. 139.) T h e 1952 a m e n d m e n t ch a n g e d su b sec tio n f a ) b y in s e rtin g th e w o rd s “a n d fe es’’ in p a r a g ra p h (1 ) , s u b s titu tin g “tw o h u n d re d d o lla r s ” fo r “o n e h u n d re d d o lla rs " in p a r a g r a p h (2 ) a n d in c re a s in g th e a m o u n t in p a r a g ra p h (5 ) fro m o n e h u n d re d to tw o hundred dollars. The amendment also re designated subsections (c) to (f) as (b) to (e). N o a u th o rity to e x e m p t g r a d u a te e m p loyees fro m tu itio n . — Rep. A tty . Gen., 2950-51, p. 309. § 23-35.1. Medical and dental scholarships authorized.— (a) The governing boards of the Medical College of Virginia, and of the University of Virginia, and of Virginia State College arc authorized to establish, as to the for mer two. twenty annual medical scholarships, and as to the last, ten annual medical scholarships, to be awarded to Virginia students attending Meharry Medical College, Nashville, Tennessee, each of the value of one thousand dollars to be awarded and paid subject to the conditions and restrictions set out in the following sections. (b) The governing boards of the Medical College of Virginia and the Virginia State College are authorized to establish, as to the first, four annual dental scholar ships, and as to the second, two annual dental scholarships, each of the value of one thousand dollars to be awarded and paid subject to the conditions and re strictions set out in the following sections; provided that as to the scholarships for Virginia State College attendance shall be at Meharry Medical College or other college offering such courses. . n „ . .......... (c) The governing boards of the Medical College of Virginia and of the 1381 § 23-35.3 Co l l e g e a n d U n iv e r s it y S c h o l a r s h ips § 23-35.3 University of Virginia and of Virginia State College shall send the name of any recipient of a scholarship under the provisions of this chapter to the State Health Commissioner forthwith. Upon graduation of any recipient of a scholarship un der the provisions of this chapter, the governing board of the school awarding such scholarship shall forthwith submit a report to the State Health Commis sioner setting forth the name and address of such graduate, the length of time such graduate has held such scholarship and the amount of money paid to or on behalf of such graduate thereunder. The State Health Commissioner shall maintain liaison with such graduates and the Commissioner shall submit a re port each year to the governing boards of the schools enumerated herein setting forth the names of all such graduates who shall have discharged the obligations imposed upon them by § 23-35.3. (1950, p. 1289; 1952, c. 641; 1954, c. 414.) T h e 1952 a m e n d m e n t added paragraph (b) relating to dental scholarships. T he (c). 1954 a m e n d m e n t added paragraph § 23-35.3. Written contract, conditions and provisions; life in surance.— (a) Before any scholarship is awarded under the provisions of § 2335.1 (a), the applicant must sign a written contract, under the terms of which he agrees to pursue the medical course of the school awarding the scholarship, or the medical course at the school at which the scholarship is awarded, until his graduation and, upon graduating and completing a term not to exceed two years as an interne at some hospital or institution approved by the school, shall promptly begin and thereafter engage continuously in the general practice of medicine in a rural community in Virginia of his selection, but his selection shall be from one approved by the State Health Commissioner and by the State Board of Health, for a period of years equal in number to the years which he has been a beneficiary of such scholarship, provided that one year’s internship in any rural hospital in the State of Virginia selected by the State Health Commissioner and approved by the State Board of Health or in any institution operated by the Department of Mental Hygiene and Hospitals shall be considered equivalent to one year’s practice of medicine in a rural community. The foregoing shall apply only to contracts made or entered into prior to July 1, 1954. (b) Before any scholarship is awarded under the provisions of § 23-35.1 (b), the applicant must sign a written contract, under which he agrees to pursue the dental course of the school awarding the scholarship, or the dental course at the school at which the scholarship is awarded, until his graduation and, upon graduat ing shall promptly begin and thereafter engage continuously in the general practice of dentistry in some mental institution, in the State of Virginia, for a period of years equal in number to the years which he has been a beneficiary of such scholar ship; provided that if the Commissioner of Mental Hygiene and Hospitals certifies that no suitable vacancy exists in any State mental institution, then the obliga tion of such contract may be discharged by compliance with the conditions set forth in paragraph (a) of this section. (c) Each recipient, when such scholarship is awarded, shall be required to in sure his life, for the benefit of the school awarding the scholarship, in a sum equal at least to the value of each scholarship awarded him, the insurance policy to con tain a specific provision that the school beneficiary shall not be changed without the consent of the beneficiary. Upon cancellation of each note executed by the recipient as hereinbefore provided, the school beneficiary shall consent to such change in the beneficiary of the corresponding insurance policy as may be desig nated by the recipient. Upon the failure of the recipient to discharge his obliga tion either by service or payment, as herein required, or by reason of his death or any other cause, the policy or policies and any and all proceeds derived therefrom shall become the property of the school beneficiary. All premiums on the in surance policy or policies shall be paid by the recipient of the scholarship. (d) After July 1, 1954, no scholarship shall be awarded under the provisions of § 23-35.1 (a) unless and until the applicant shall have signed a written con[3 9 ] �§ 23-35.4 V ir g in ia Sc h o o l Laws S u ppl e m e n t § 23-35.5 tract under the terms of which he agrees to pursue the medical course of the school awarding the scholarship, or the medical course at the school for which the scholarship is awarded, until his graduation and upon graduation and com pleting a term not to exceed two years as an interne at some hospital or insti tution approved by the school, shall promptly begin and thereafter engage con tinuously in the general practice of medicine in a rural community of Virginia for a period of years equal to the number of years which he has been a bene ficiary of such scholarship. As used herein the terms “general practice of medi cine” and “rural community” shall conform to definitions thereof promulgated by the State Health Commissioner. The State Health Commissioner may, in his discretion, direct that all or any portion of the obligations imposed by such con tract be discharged by appointment and service in the public health service of the State or by service in any institution operated by the Department of Mental Hygiene and Hospitals. The provisions of paragraph (c) herein shall not apply to scholarships awarded after July 1, 1954. (1950, p. 1289; 1952, cc. 143, 641 ; 1954, c. 414.) T h e 1952 a m e n d m e n ts . —Chapter 143 of the Acts of 1952 inserted the provision that one year’s internship in any institution operated by the Department of Mental Hygiene and Hospitals shall be considered the equivalent of one year’s practice of medicine in a rural community. Chapter 641 of the Acts of 1952, which divided the section into subsections, inserted in s u b s e c tio n ( a ) th e re fe r e n c e to § 2335.1 ( a ) . I t a ls o in s e rte d a ll o f s u b s e c tio n (.b) re la tin g to d e n ta l s c h o la r s h ip s . T h e s e tw o c h a p te r s h a v e b e e n c o m b in e d s o a s to g iv e effec t t o all a m e n d m e n ts . T h e 1954 a m e n d m e n t a d d e d th e la s t s e n te n c e to s u b s e c tio n ( a ) a n d a ll o f s u b s e c tio n (d ) . § 2 3 -35.4. Other provisions; military service.—The contract shall pro vide that if applicant enters military service upon completion of his term as an interne or upon graduation if a graduate in dentistry, he shall begin practice in a rural community, or in a mental institution, as the case may be, of his selection; but the selection of a rural community hospital shall be from one approved by the State Health Commissioner and by the State Board of Health upon termina tion of such military service. The contract shall contain such other provisions as are considered necessary, in the opinion of the president or other proper offi cer of the school to accomplish the purposes of such scholarship. (1950, p. 1290; 1952, c. 641.) T h e 1952 a m e n d m e n t inserted the refer ences to a graduate in dentistry, a mental institution and a rural community hospital. § 2 3 -3 5 .5 . Relief from obligation of contract in case unusual abil ity is displayed.—Any such contract made and entered into before July one, nineteen hundred and fifty-four shall have a clause under which the holder may be relieved of his obligation to practice in a rural section or in a mental in stitution, as the case may be, if. at the end of two scholastic years, he has demon strated a peculiar and unusual ability and aptitude in a special branch of the medical sciences and, in the opinion of the faculty, would be a loss to the field of medical research and science if he did not go into that branch of medical science for which he has demonstrated extraordinary ability. In such case, up on certificate of a faculty committee, the contract shall provide that he may be released from his obligation and continue his course without a scholarship, and shall be under no obligation to engage in general practice in a rural section or in a mental institution of Virgina for a period equal to that during which he has received such scholarship; provided that he makes satisfactory arrangements for reimbursing the State for the amount he has received on account of such scholarships. Any such contract made and entered into after July one, nineteen hundred fifty-four shall have a clause under which the holder may be relieved of his obligation to practice medicine in a rural community or a mental instif40 1 § 23-35.6 Co l l e g e a n d U n iv e r s it y S c h o l a r s h ips § 23-36.2 tution or to serve in the public health service of the State as the case may be if, at any time the holder fails to maintain a scholastic standard at least equal to the standard required of the general student body in such school or if the holder, at any time, becomes permanently disabled so as not to be able to engage in the practice of medicine or if at any time the holder demonstrates a peculiar and unusual ability and aptitude in a special branch of the medical sciences and, in the opinion of the faculty or the State Health Commissioner would be a loss to the field of medical research and science if he did not go into that branch of medical science for which he has demonstrated extraordinary ability. In such case, upon certificate of a faculty committee or the State Health Commissioner the contract shall provide that the holder shall be relieved of his obligation to engage in the general practice of medicine, or to serve in the public health serv ice of the State or to practice in a mental institution for a period equal to that during which he has been a beneficiary of such scholarship. Any applicant, up on being so relieved from the obligations imposed by such contract shall arrange to reimburse the State within a reasonable time for the amount he has received on account of such scholarship plus interest on such amount computed at the prevailing rate charged on student loans at the school attended by the applicant. (1950, p. 1290; 1952, c. 641; 1954, c. 414.) T h e 1952 a m e n d m e n t in s e rte d th e re f e re n c e s to a m e n ta l in s titu tio n . T h e 1954 a m e n d m e n t elim in a te d “T h e c o n t r a c t ” w h ic h fo rm e rly b e g a n th is se c tio n a n d in s e rte d in lieu th e re o f th e p r e s e n t b e g in n in g do w n th ro u g h th e d a te . I t a ls o a d d e d all o f th is s e c tio n b e g in n in g w ith th e th ird sen ten c e. § 23-35.6. Disposition of funds repaid.—-All funds repaid by any ap plicant in pursuance of the provisions of the foregoing section, or otherwise, shall be paid into the treasury of Virginia and shall become a part of the general fund. The governing board of the school attended by the applicant shall collect such payments and shall pay all moneys so received into the State treasury promptly. If any applicant fails to abide by the terms of such contract, such fact shall be communicated to the Attorney General by the State Health Commissioner and/ or the governing board of the school. The Attorney General shall take such action thereon as he deems proper. (1950, p. 1290; 1954, c. 414.) T h e 1954 a m e n d m e n t th re e s e n te n c e s . added th e la s t § 23-36.2. Nursing scholarships at the Medical College of Virginia and the University of Virginia.—The governing board of the Medical College of Virginia may establish twenty annual nursing scholarships, five of which shall be made available to members of the Negro race, and the governing board of the University of Virginia may establish fifteen annual nursing scholarships, which thirty-five scholarships hereby authorized shall be of the annual value of one hundred dollars each, and shall be awarded and paid subject to the conditions and restrictions set out in the following subsections: (1) Each applicant for any such scholarship must be a bona fide resident of the State of Virginia when such scholarship is awarded. The awards shall be made upon such basis, competitive or otherwise, as may be determined by the president or other proper officer of the school with due regard to the scholastic attainments, character, and adaptability of the applicant for the service contem plated in such award; provided, that no award shall he made if the applicant fails to possess the requisite qualifications. (2) Before any such scholarship is awarded the applicant shall sign a written contract under the terms of which she agrees to pursue the nursing course of the school awarding the scholarship until completion and thereupon to promptly be gin and thereafter engage continuously in nursing work in the State of Virginia, for a period of years equal in number to the years that she has been or shall be a beneficiary of any such scholarship or scholarships. The contract shall provide [41 ] �S 23-38 V ir g in ia School La ws S u ppl e m e n t § 23-50 that if the applicant shall fail to comply with the provisions thereof or any of them she shall repay to the school all amounts received by her as a beneficiary of such awards, such repayment to be upon such terms and conditions as may be determined by the school. Such contract shall contain such other provisions as may be necessary, in the opinion of the president or other proper officer of the school, to accomplish the purposes of the scholarships. (3) As further evidence of the promise of such recipient to make such repay ment, as to each scholarship awarded her in the event she shall fail or refuse to fulfill the conditions and requirements herein specified as to such scholarship, she shall, when such scholarship is awarded, be required to execute and deliver to the school awarding the scholarship a note in the principal sum of one hundred dol lars, with interest at not less than two nor more than four per centum, which note shall be accepted by the school upon the condition that such note, and any other similar notes so given, shall be cancelled by the school upon the basis of one note for each year in which she shall continuously engage in nursing work in the State of Virginia; provided, however, that no recipient of any such scholarship shall be permitted to plead the statute of limitations or interpose a plea of infancy in the event of an action being brought against her on any such note. (4) All money repaid by any such recipient shall be placed in a special fund which shall be used for nursing scholarships in accordance with the provisions of this section. (5) Each such scholarship shall be awarded for a single year, but the same student shall, after making satisfactory progress towards completion of her train ing in the school, receive such award for any succeeding year or years, provided no student shall receive any such scholarship for more than a total of three years. (6) The funds making up each such scholarship shall be paid to the recipient thereof, or applied to the payment of her expenses, at such medical school, in such amounts and at such times during such school year as may be determined by the president or other proper officer of the school; provided, however, that no recipient shall receive for any such scholarship less than one hundred dollars. (1952, c. 651.) 1 § 23-38. Service in armed forces discharges obligation to render services to State in consideration of scholarship. Im p o s s ib le to d e te rm in e th a t a p e r s o n ’s o b lig a tio n t o S ta te is d is c h a rg e d u n til h is s e rv ic e in th e a r m e d fo r c e s te rm in a te d , R e p . A tty . G e n ., 1950-51, p. 308. CHAPTER 6. M e d ic a l S ec. 23-50.3. P a r k i n g on p ro p e rty o f C o lle g e o f V irg in ia . Co l l eg e o f V ir g in ia . M ed ica l § 23-5 0. Board of visitors; corporate name; purpose and powers; property; general provisions.—(1) Board of visitors.—(a) The Medical College of Virginia shall be continued, and the visitors thereof and their succes sors shall be and remain a corporation under the name and style of the "Medical College of Virginia”. The board of visitors shall consist of not less than twelve nor more than eighteen members, appointed by the Governor, from the State at large, and in addition the Superintendent of Public Instruction, ex officio. (b) As soon after April ninth, nineteen hundred and forty-five, as is practica ble the Governor shall appoint nine members of the board for a term of two years and nine members for a term of four years, each term beginning July first, nine teen hundred and forty-five. He shall, in addition, also appoint the Superin tendent of Public Instruction as an ex officio member for a term of two years, provided that, if his tenure as such Superintendent expires within that time, his [4 2 ] § 23-50 M e d ic a l Co l l e g e o f V ir g in ia § 23-50 term as ex officio member shall also terminate and the Governor shall appoint his successor to fill the unexpired term. Such Superintendent shall remain eligible for appointment as an ex officio member so long as he remain Superintendent. Regular members hereafter appointed from the State at large shall be eligible for service for two consecutive terms only, and after such service may not be re appointed until at least one year has elapsed. Such appointment after the lapse of one year shall be confined to one term of four years. Upon the expiration of the two year terms of members herein provided for, their successors shall be appointed for terms of four years. (c) So long as the regular membership of the board consists of more than twelve members no appointment shall be made to fill any vacancies therein; pro vided, however, that vacancies due to the expiration of the terms of members who aie eligible for reappointment may be filled by their reappointment. (d) After the regular membership of the board has been reduced to twelve in number, all vacancies therein shall be filled by appointment by the Governor for a new term or the unexpired term as the case may be, subject to confirmation by the Senate. (d l) As to vacancies occurring in nineteen hundred fifty-three by expiration of term, two of the members whose terms so expire shall be continued by desig nation of the Governor in office for one year; in addition, the Governor shall appoint three members to the board for terms of four years expiring in the month in which other terms expire. In nineteen hundred fifty-four the Governor shall appoint three members to the board for terms of four years expiring in the month in which other terms expire. In nineteen hundred fifty-five the Governor shall appoint three members to the board for terms of four years expiring in the month in which other terms expire. In nineteen hundred fifty-six the Governor shall appoint three members to the board for terms of four years expiring in the month in which other terms expire. Thereafter appointments shall be for four year terms except in the case of vacancies prior to expiration of terms when ap pointments shall be for the unexpired term. All appointments, except continua tions in office under this paragraph for one year, shall be subject to paragraph (b) as to length of terms and eligibility for reappointment. (e) The alumni association may submit to the Governor ninety days before the expiration of any regular term of a member, or within ten days after being notified by the Governor of a mid-term vacancy, a list of not less than three per sons whom they consider qualified and recommend for appointment as successor for the new term or the unexpired term, as the case may be. The Governor shall give careful consideration to any such recommendation, but shall not be limited in his appointments to the persons so recommended. (7) Election of officers; executive committee.—The board shall elect a chair man, vice-chairman, a secretary and a treasurer, both of which offices may be held by the same person; and a president emeritus, president, assistant president, and comptroller of the corporation, if they deem any one or all necessary, pre scribe their duties, and fix their compensation, and they shall hold office during the pleasure of the board. They shall also appoint an executive committee, de termine the number thereof and the number which shall constitute a quorum, which executive committee shall perform all such duties as are required of them by the board and as could be performed by the board during the interim between its meetings. The executive committee shall report annually or oftener to the board, for its approval or disapproval, the acts performed by it from time to time. (12) Service of process.—Process against or notice to the corporation may be served only in the city of Richmond upon the chairman of the board of vis itors, on the vice-chairman, the president of the corporation (if there be one), [4 3 ] �§ 23-50.3 V ir g in ia the secretary or the treasurer. 1952, c. 502; 1954, c. 62.) Sc h o o l Laws Su ppl e m e n t § 23-55 (Code 1919, § 1003; 1945, p. 53; 1946, p. 6; T h e 1952 a m e n d m e n t c h a n g e d s u b s e c tio n (1 ) b y in c re a s in g th e m in im u m n u m b e r o f b o a r d m e m b e r s in p a r a g ra p h (a ) fro m te n to tw e lv e , m a d e th e c o r re s p o n d in g c h a n g e in p a r a g r a p h s (c ) a n d ( d ) , an d a d d e d p a r a g ra p h ( d l ) . T h e am endm ent a ls o re p h ra s e d th e la s t few w o rd s of s u b s e c tio n (12) w h ic h fo rm e rly re a d " o r th e s e c re ta ry a n d t r e a s u r e r ”. T h e 1954 a m e n d m e n t in s e rte d th e w o rd " c o n s e c u tiv e ” b e fo re th e w o rd “te r m s ” in th e fo u r th s e n te n c e o f p a r a g ra p h (b ) of s u b s e c tio n (1 ) , a d d e d t h e w o r d s " u n til a t le a s t o n e y e a r h a s e la p s e d ” a t t h e e n d of s u ch s e n te n c e a n d in s e rte d th e fifth s e n te n c e o f th e p a r a g ra p h . T h e a m e n d m e n t a ls o c h a n g e d th e firs t s e n te n c e o f s u b s e c tio n (7 ) b y p ro v id in g fo r a p r e s id e n t e m e ritu s , a n a s s i s t a n t p r e s id e n t a n d a c o m p tro lle r. O n ly p a r t o f s e c tio n s e t o u t. — A s o n ly s u b s e c tio n s (1 ) , (7 ) a n d (1 2 ) w e re a ffe c te d b y th e a m e n d m e n ts th e re s t o f th e s e c tio n is n o t s e t o u t. § 2 3 -5 0 .3 . Parking on property of Medical College of Virginia.— All parking of motor vehicles on the property owned by the Medical College of Virginia is hereby prohibited; provided, however, the board of visitors may, in its discretion, cause to be marked off certain portions of the driveways and other property owned by the College to provide parking facilities for officers and employees of and patients and visitors to the College and hospital and to allocate spaces therein and operate the same under such rules and regulations as it may prescribe. Any person parking any vehicle contrary to the provisions of this section, or contrary to any parking sign or “no parking” sign erected pursuant to rules and regulations promulgated by the board, shall be subject to a fine of not less than one dollar nor more than twenty-five dollars for each offense. (1954, c. 394.) CHAPTER 7. M il l e r M a n u a l L a bor Sc h o o l . § 2 3 -5 2 . Certain statutes continued in force. The following amendment to chapter 61 of the Acts of 1874. as amended, continued in force by this section, is incorporated in this Code by this reference: Chapter 553 of the Acts of 1950. O n ly p a r t o f s e c tio n s e t o u t.— As the reference to Acts of Assembly in the original section was not changed by the subsequent amendment, only reference to the chapter setting out such amendment is listed above. CHAPTER 8. S t a t e T e a c h e r s C o l l e g e a t F a r m v i l l e ; M a d is o n C o l l e g e . § 2 3 -5 5 . Property rights, duties, etc., vested in State Board of Edu cation. C ro s s re fe r e n c e . — A s to a u th o rity of s t a t e B o a r d o f E d u c a tio n to g r a n t ease- m e n ts in la n d s o f c e rta in s c h o o ls a n d in s titu tio n s , see § 23-9.1. § 23-70 § 23-77.1 U n iv e r s it y o f V ir g in ia CHAPTER 9. U n iv e r s it y o f V ir g in ia . A rtic le 2. B o a rd o f V is ito rs . S ec. 23-77.1. A u th o rity to sell a n d c o n v e y c e r ta in lan d s. Sec. 23-77.2. G r a n tin g c a s e m e n ts on o f th e U n iv e rs ity . p ro p e rty A r t i c l e 2. Board of Visitors. § 23-70. Appointment of visitors generally; number and terms of office.— (a) The hoard of visitors is to consist of seventeen visitors, sixteen to be appointed by the Governor, of whom at least thirteen shall be appointed from the State at large and not more than three shall be appointed from the nonresident alumni of the University of Virginia, and the Superintendent of Pub lic Instruction, ex officio. The visitors in office on April ninth, nineteen hundred and forty-five are continued in office until the end of their respective tenns, or until February twenty-eight, nineteen hundred and forty-six, whichever last occurs. (b) As soon as practicable after April ninth, nineteen hundred and forty-five, the Governor shall appoint members to fill all unexpired terms due to vacan cies, except those of members appointed pursuant to the nineteen hundred and forty-four amendment of this section, and at the appropriate time shall appoint in place of such excepted members two members for new terms of two years and two for new terms of four years, each term beginning March first, nineteen hundred and forty-six. Pie shall, in addition, appoint the Superintendent of Public Instruction as an ex officio member for a term of two years to begin March first, nineteen hundred and forty-six; provided that, if the tenure in office as Superintendent of such ex officio member expires within that time, the Gov ernor shall appoint such member’s successor to fill the unexpired term. The Superintendent shall remain eligible for appointment as an ex officio member so long as he continues in office as Superintendent. All appointments for full terms, as well as to fill vacancies, shall be made by the Governor subject to confirmation by the Senate. The three new members of the board provided for by this section as amended shall be appointed for four year terms beginning March first, nineteen hundred fifty-five. (Code 1919, § 807; 1924, p. 145; 1930, p. 80; 1944, p. 399; 1945, p. 52; 1954, c. 343.) T h e 1954 a m e n d m e n t a d d e d th re e n e w m e m b e rs to th e b o a rd , a n d re s tr ic te d a p p o in te e s fro m n o n re s id e n t a lu m n i t o th re e . I t a ls o sec tio n , added th e la s t s e n te n c e of th e § 23-71. Appointment of visitors from nominees of alumni associa tion. (e) At no time shall less than eleven of the appointive visitors be alumni or alumnae of the University. (Code 1919, § 807; 1924, p. 145; 1930, p. 80; 1944, p. 400; 1945, p. 52; 1954, c. 343.) T h e 1954 a m e n d m e n t s u b s titu te d " e le v e n " fo r “ e ig h t” in s u b s e c tio n (e ). O n ly p a r t o f s e c tio n s e t o u t.— A s on ly s u b s e c tio n (e ) w a s affec ted b y th e a m e n d m e n t th e re s t o f th e s e c tio n is n o t s e t o u t. § 23-77.1. Authority to sell and convey certain lands.—The Rector and Visitors of the University of Virginia, with the approval of the Governor first obtained, are hereby authorized to sell and convey any and all real estate to which it has acquired title by gift, devise or purchase since January first, nineteen hundred, or which may hereafter be conveyed or devised to it. The [44 1 [4 5 ] �§ 23-77.2 V ir g in ia Sc h o o l L a w s Su ppl e m e n t § 23-107 proceeds derived from any such sale or sales shall be held by said Rector and Visitors of the University of Virginia upon the identical trusts, and subject to the same uses, limitations and conditions, if any, that are expressed in the origi nal deed or will under which its title was derived, or if there be no such trusts, uses, limitations or conditions expressed in such original deed or will, then said funds shall be applied by the Rector and Visitors of the University to such pur poses as said board may deem best for the University. (1936, p. 522; 1954, c. 185.) T h e n u m b e r o f th is s e c tio n w a s as s ig n e d b y th e V irg in ia C o d e C o m m issio n , th e 1954 a c t h a v in g a s s ig n e d n o n u m b er. § 2 3-77.2. Granting easements on property of the University.— The Rector and Visitors of the University of Virginia are hereby authorized to grant easements for roads, streets, sewers, water lines, electric and other utility lines or other purpose on any property now owned or hereafter acquired by said Rector and Visitors of the University of Virginia, when in the discre tion of the Rector and Visitors it is deemed proper to grant such easement. (1954, c. 296.) T h e n u m b e r of th is s e c tio n w as a s s ig n e d b y th e V irg in ia C ode C o m m issio n , th e 1954 a c t h a v in g a s s ig n e d n o n u m b er. CHAPTER 10. V ir g in ia M il it a r y I n s t it u t e . § 23-95. Eligibility to serve more than two successive term s.—No person except ex officio members shall be eligible to serve for or during more than two successive four-year terms; but after the expiration of the remainder of an unexpired term to which appointed, two additional four-year terms may be served by such a member if appointed thereto. (Code 1919, § 835; 1944, p. 401; 1945. p 50; 1946, p. 415; 1952, c. 213.) T h e 1952 a m e n d m e n t re s tr ic te d th e su ece s s iv e te r m s to “ fo u r y e a r” te rm s , a d d e d th e p ro v is io n a s to u n e x p ire d te rm , and d e le te d th e f o r m e r p ro v is io n r e la tin g th e te rm c u r r e n t o n J u n e 19, 1946. to § 23-9 8 . Meetings of board; president and secretary; superintend ent of Institute.—The board of visitors shall meet at the Institute once a year or oftener, and at any other times and places, when, in its opinion, or that of the superintendent of the Institute, or president of the board of visitors, it shall be necessary to do so. It shall appoint a superintendent of the Institute with such duties as may be prescribed by the board. Special meetings may also be called at any time by the superintendent of the Institute, or the president of the board of visitors, when either may deem it advisable; and the board may adjourn from time to time. At their first meeting after the first day of July in each year the board shall appoint from their own body a president, and shall also ap point a secretary to the board. In the absence of the president or secretary at any meeting, the board may appoint a president or secretary pro tempore, and vacancies in the offices of president or secretary may be filled by the board for the unexpired term. Notice of the time and place of meeting shall be given to every member of the board. (Code 1919, § 836; 1954, c. 154.) T h e 1954 a m e n d m e n t s u b s titu te d “J u l y ” f o r " J a n u a r y ” in lin e e ig h t o f th is sec tio n . § 2 3 -1 0 7 . State cadet to act as teacher; optional service in national guard or as highway engineer; bond required.—Each cadet received on [4 6 ] § 23-110 V ir g in ia M il it a r y I n s t it u t e § 23-110 State account and who shall have remained in the Institute during the period of two years or more, shall act in the capacity of teacher in some school in this State toi two years, and such cadet shall be required to discharge his obligation as teacher within the three years immediately after leaving the Institute, and he shall report in writing to the superintendent of the Institute on or before the first day of June of each year succeeding the date of his leaving the Institute un til he shall have discharged fully such obligation to the Commonwealth; or, at his option, such cadet may serve an enlistment in the National Guard of the State, or serve for a period of two years as an engineer for the State Highway Com mission. And each cadet so received on State account in the Institute on report ing for duty and matriculation shall be required to enter into a bond, payable to the Virginia Military Institute, in a sum sufficient to cover the board and tuition that may be expended in his behalf as such State cadet; and unless the cadet shall fulfill his obligation as aforesaid, he shall be deemed to have violated his contract, and authority is hereby given to the Institute to proceed by law for the collection from the cadet of such amount as may be necessary to cover so much of his board and tuition as may proportionately be due from his failure to teach the whole or any part of the required two years, or to serve in the National Guard or as an engineer on the public roads of Virginia; and no cadet executing such bond shall be permitted to plead infancy or the statute of limitation in bar of recovery of such debt; provided, the board of visitors may excuse such cadet from any one of these obligations in such cases as they may deem right and proper; and provided further, if such cadet shall discharge any one of these ob ligations within the time prescribed, he shall be deemed to have fulfilled his ob ligation to the State imposed by this section; and provided further, that the pro visions of this section relating to discharge of the obligation shall be temporarily suspended as to any cadet who, immediately upon leaving the Institute, enters a medical school approved by the board of visitors of the Institute in which event such cadet may sign a written contract with the Virginia Military Institute under the terms of which he agrees to pursue the medical course of the school until his graduation and. upon graduating and completing a term not to exceed two years as an interne shall promptly begin and thereafter engage continuously in the general practice of medicine in a rural community in Virginia selected by the State Health Commissioner and the State Board of Health, for a period of two years; provided that an equivalent period of practice in a State supported mental institution selected by the Commissioner of Mental Hygiene and Hospitals shall be deemed the equivalent of such practice in a rural area. Each cadet who ac cepts an extension of his obligation under this provision shall report in writing to the superintendent of the Institute on or before the first day of June of each year succeeding the date of his leaving the Institute until he shall have discharged fully such obligation by compliance with the terms of his contract or in any other manner approved by the board of visitors. (Code 1919, § 849; 1928, p. 1227; 1952, c 482.) T h e 1952 a m e n d m e n t a d d e d th e la s t sen te n c e a n d th e tw o p re c e d in g p ro v is o s re - la tin g to c a d e ts e n te rin g m e d ic a l s c h o o ls a n d a g r e e in g t o p ra c tic e in r u r a l a re a s . § 23-110. Conferring of degrees.—The Governor and the board of visitors and faculty of the Institute may confer a degree upon any graduate found quali fied to receive it. after examination upon such of the branches of the arts and sciences and of literature taught at the Institute as the board may deem requisite. The board may also, in its discretion, confer honorary degrees or diplomas of distinguished merit. (Code 1919, § 848; 1926, p. 718; 1927, p. 201; 1952, c. 272.) T h e 1952 a m e n d m e n t d e le te d th e fo r m e r p ro v is io n re s tr ic tin g th e re c ip ie n ts o f h o n o ra ry d e g re e s o r d ip lo m a s of d is tin g u is h e d m e rit to p e rs o n s w h o h a d b e e n c a d e ts a t t h e In s titu te , [4 7 ] �§ 23-166 V ir g in ia Sc h o o l Laws S u ppl e m e n t § 23-166 CHAPTER 13. V ir g in ia St a t e C o l l e g e . Miscellaneous Provisions Pertaining to Education and Public Instruction § 23-166. Body corporate under control of State Board of Educa tion; board of visitors abolished. C ro s s re fe re n c e . — A s to a u th o rity o f s t a t e B o ard o f E d u c a tio n to g ra n t ea s e - m e n ts in la n d s o f c e r ta in s c h o o ls a n d in s titu tio n s , see § 23-9.1. Title 1. General Provisions. § 1-14. Colored persons and Indians defined.—Every person in whom there is ascertainable any Negro blood shall be deemed and taken to be a colored person, and every person not a colored person having one-fourth or more of American Indian blood shall be deemed an American Indian: except that mem bers of Indian tribes existing in this Commonwealth having one-fourth or more of Indian blood and less than one-sixteenth of Negro blood shall be deemed tribal Indians. (Code 1919, § 67; 1930, p. 97; 1954, c. 702.) T h e 1954 a m e n d m e n t ch a n g e d th e defin itio n o f trib a l I n d ia n s by e lim in a tin g th e fo r m e r p ro v is io n s re la tin g to liv in g a n d b e in g d o m iciled on re s e rv a tio n s . on Title 2. Administration of the Government Generally. § 2-4.1. Transfer of possession of real estate between State agen cies.—Real estate owned by the Commonwealth and held in possession by an agency of the Commonwealth may be hereafter transferred to the possession of another agency of the Commonwealth by the execution of an agreement between the department head of such agencies, with the written approval of the Governor, and recorded in the court of record in the county or city in which the land is situate. (1952, c. 684.) T h e n u m b e r o f th is s e c tio n w as a ssig n e d by t h e V irg in ia C ode C o m m issio n , th e 1952 a c t h a v in g a s s ig n e d n o n u m b er. § 2-4.2. Conveyance of easements to utility companies by State de partments, agencies or institutions.—Any State department or agency, or State institution through its governing board is authorized, after having first obtained the consent of the Governor in writing, to convey to public utility com panies right of way easements over property owned by it for such consideration as it shall deem proper, when such conveyance is deemed expedient, and to execute the instruments necessary to effectuate such conveyance, such instru ments to be subject to the approval of the Attorney General as to form. All funds received from any such conveyance shall be paid into the State treasury to be expended as provided by law. (1954, c. 198.) T h e n u m b e r o f th is s e c tio n w a s a s s ig n e d by th e V irg in ia C o d e C o m m issio n , th e 1954 a c t h a v in g a s s ig n e d n o n u m b e r. 2-27. Holding office under United States. L e g is la tiv e h is to r y .— F o r a full d is c u s s io n o f th e le g is la tiv e h is to r y o f th is sec tio n . se e D e a n v. P ao licelli, 194 V a . 219, 72 S . E . (2 d ) 506. P u rp o s e .— T h e p u rp o s e of th is sec tio n is t o p re v e n t a co n flic t of in te re s t in th o s e w h o w o u ld se rv e b o th th e fe d e ra l a n d SL—4 r 4s i S ta te g o v e rn m e n ts . J o y v. G reen , 194 V a. 1003, 76 S . E. (2 d ) 178. T h e o b je c t s o u g h t to b e a c c o m p lish e d b y th is s e c tio n w a s , a n d is, t o s a f e g u a r d a n d p ro te c t th e S ta te 's in d e p e n d e n t s o v e r e ig n ty by re q u ir in g s tr ic t a n d u n d iv id ed alle g ia n c e to th e d u tie s a n d o b lig a tio n s o f I >1 �§ 2-27.1 V ir g in ia Sc h o o l L a p u b lic office b y its in c u m b e n t. D e a n v. P a o lic e lli, 194 V a . 219, 72 S. E . (2 d ) 506. Constitutionality.—This section is not special and private legislation violative of § 64 of the Constitution of Virginia. It is legislation, general in character, and upon a subject well within the field of general legislation. It applies alike to all office holders. Dean v. Paolicelli, 194 Va. 219, 72 S. E . (2 d ) 506. The long continued sanction of this sec tion by its repeated re-enactment from time to time by the General Assembly, the positive application and enforcement of its mandate by the court, and the con tinued acquiescence in and adherence to its restrictions by the departments of the State government, impel the belief and confirm the conclusion that it does not infringe upon § 32 of the Constitution of Virginia declaring the eligibility to any public office of every qualified voter. Dean v. Paolicelli, 194 Va. 219, 72 S. E . (2d) 506. T h e r u le fo rb id d in g th e h o ld in g o f tw o offices at the same time, whether at com mon law or under constitutions and stat a w s S u ppl e m e n t § 2-29 u te s , n e v e r c o n te m p la te d a d is a b ility t o b e e le c te d t o th e s e c o n d office, b u t, o n th e c o n tra ry , c o n c lu siv e ly affirm s th e le g a lity a n d efficiency o f s u c h e le c tio n . I t is on ly th e h o ld in g — t h a t is, th e o c c u p a tio n — o f tw o offices a t th e sa m e tim e t h a t o ffe n d s p u b lic p o licy , a n d is th e r e f o r e fo r b id d e n b y law . D e a n v. P a o lic e lli, 394 V a . 219, 72 S . E . (2 d ) 506. W h e r e c o u n ty b o a r d m e m b e r w a s e m p lo y e d b y th e U n ite d S ta t e s w h e n h e first a s s u m e d h is d u tie s o n th e b o a r d a n d h is cla im e d e x e m p tio n fr o m th e p ro v is io n s o f th is s e c tio n a p p e a rin g in s u b s e c tio n (1 1 ) o f C ode § 2-29 w a s h e ld u n c o n s titu tio n a l, b o a r d m e m b e r w a s fro m th e firs t in c a p a b le o f h o ld in g office b e c a u s e o f th e p r o v is io n s o f th is s e c tio n . T hough d u ly e le c te d , h e n e v e r b e c a m e a d e ju r e o fficer a n d t h e tria l c o u r t s h o u ld h a v e d e c la re d office v a c a te d a n d r e s tr a i n e d t r e a s u r e r fro m p a y in g h is s a la r y . D e a n v. P a o lic e lli, 194 V a. 219, 72 S. E . (2 d ) 506. S p ecia l A s s is ta n t t o a U n ite d S ta te s D is t r i c t A t t o r n e y in e llig ib le t o s e r v e o n s c h o o l b o a rd . R e p . A tty . G e n ., 1950-51, p . 258. § 2 -2 7 .1 . Exception as to public officer or employee engaging in war service; designation of acting officer to perform duties.—No State, county or municipal officer or employee shall forfeit his title to office or position or vacate the same by reason of engaging in the war service of the United States; and any such officer or employee who voluntarily or otherwise enters such war service may notify the officer or body authorized by law to fill vacancies in his office, of such fact, and thereupon be relieved from the duties of his office or po sition during the period of his war service; and the officer or body authorized to fill vacancies shall designate some suitable person to perform the duties of such office as acting officer during the period the regular officer is engaged in war serv ice, and during such period the acting officer shall be vested with all the powers, authority, rights and duties of the regular officer for whom he is acting. (1950, p. 242.) C ro s s re fe r e n c e .— For repeal of section relating to similar subject matter, see § 2-28. § 2 -2 7 .2 . Exception as to public officer or employee serving in the Selective Service System of the United States.—No State, county or mu nicipal officer or employee shall forfeit or vacate, or be held to have forfeited or vacated, his office or position, by reason of serving or of having served as an officer, member, agent or employee, or in any other position or capacity, in the Selective Service System of the United States. No person shall be ineligible to hold any State, county or municipal office or position by reason of being engaged in service in Virginia in the Selective Service System of the United States. (1952, Ex. Sess., c. 21.) T h e n u m b e r o f th is s e c tio n w a s a s s ig n e d b y t h e V irg in ia C o d e C o m m is s io n , th e 1952 a c t h a v in g a s s ig n e d n o n u m b e r. S 2-2 9 . Further exceptions. (7) To prevent any United States commissioners or referees in bankruptcy [5 0 ] § 15-148 Co u n t ie s , C it ie s a n d T o w n s 15-152.12 from holding the office of commissioner in chancery, bail commissioner, jury commissioner, commissioner of accounts, assistant commissioner of accounts, as sistant police justice or substitute or assistant civil justice, or assistant judge of a municipal court of any city or assistant judge of a juvenile and domestic rela tions court of any city; (1952, c. 120.) T h e 1952 a m e n d m e n t m a d e p a r a g ra p h (7 ) a ls o ap p lica b le to th e offices o f “a s s is ta n t p o lice ju s tic e o r s u b s titu te o r a s s is ta n t civil ju s tic e , o r a s s is ta n t ju d g e o f a m u n ic ip a l c o u r t o f an y city o r a s s is ta n t ju d g e of a ju v e n ile a n d d o m estic re la tio n s c o u r t o f a n y c ity ” . O n ly p a r t o f s e c tio n s e t o u t.— A s only p a r a g ra p h (7 ) w a s affected by th e a m e n d m e n t th e re s t of th e sec tio n is n o t s e t out. L e g is la tiv e h is to ry .— For a full discus sion of the legislative history of this sec tion, see Dean v. Paolicelli, 194 Va. 219, 72 S. E . (2 d ) 506. S u b s e c tio n (1 1 ) u n c o n s titu tio n a l.— The. p ro v is io n s o f s u b s e c tio n (11) o f th is se c tio n c o n s titu te a n u n re a s o n a b le , u n n a tu ra l a n d a r b itr a r y cla ssific atio n an d ex c lu sio n a n d a r e in v a lid a s sp ec ia l leg islatio n in v io la tio n o f § 64 o f th e V irg in ia C o n s titu tio n . S u c h s u b s e c tio n u n d e rta k e s to re m o v e fro m th e effect o f C ode § 2-27 a sp ec ia l, lo ca l a n d lim ite d cla ss o f office h o ld e rs a n d g o v e r n m e n t e m p lo y ee s w ho, e x c e p t fo r s u c h u n re a s o n a b le and a r b itr a ry s e p a ra tio n a n d e x c lu sio n , w o u ld fall u n d e r its b a n . I t th u s n e c e ssa rily lim its, a m e n d s a n d p a r tia lly re p eals § 2-27, a g e n e r a l law , a n d its in firm ity p a te n tly a p p e a rs upon its face. Dean v. Paolicelli, 194 Va. 219, 72 S. E . (2 d ) 506. S u b s e c tio n (1 4 ) is c o n s titu tio n a l.— S u b s e c tio n (1 4 ) o f th is s e c tio n m e e ts th e re q u ire m e n ts fo r a g e n e ra l a c t a n d is n o t v io la tiv e o f V irg in ia C o n s titu tio n § 64. J o y v . G re e n , 194 V a . 1003, 76 S. E. (2 d ) 178. A n d is n o t s u s p e n d e d b y § 22-69.— C ode § 22-69 d o cs n o t p re s c rib e th e e x c lu siv e q u a lific a tio n s fo r m e m b e rs of c o u n ty sch o o l h o a r d s a n d d o c s n o t s u p e rs e d e th e p ro v i sio n s o f s u b s e c tio n (1 4 ) o f th is se c tio n w ith re s p e c t t o th e q u alifica tio n of fe d era l e m p lo y e e s t o s it o n c o u n ty s c h o o l b o ard s. T h e s e tw o s t a t u t o r y p ro v is io n s a r e co m p le m e n ta ry a n d s h o u ld b e re a d to g e th e r. J o y v. G re e n , 194 V a . 1003, 76 S. E . ( 2 d) 178. T h e h is to r y o f § 22-69 a n d su b s e c tio n (1 4 ) o f th is s e c tio n s h o w s th a t th e G e n e r a l A s s e m b ly h a s d e te rm in e d th a t th e re is n o co n flic t o f in te re s t in th e s e rv ic e b y “ c le rk s a n d e m p lo y e e s o f th e fe d e ra l g o v e r n m e n t e n g a g e d in th e d e p a rtm e n ta l s erv ic e in W a s h in g t o n ” a n d th e ir se rv ic e o n c o u n ty sch o o l b o a r d s . J o y v. G reen , 194 V a . 1003, 76 S . E . ( 2 d ) 178. Title 15. Counties, Cities and Towns. § 15-148: Repealed by Acts 1952, c. 328. § 15-152.12. Powers of court and rules of decision; terms and conditions.—The court, in making its decision, shall balance the equities in the case, and shall enter an order setting forth what it deems fair and reasonable terms and conditions, and shall direct the annexation in conformity therewith. It shall have power: (a) To determine the metes and bounds of the territory to be annexed, and may include a greater or smaller area than that described in the ordinance or pe tition ; the court shall so draw the lines of annexation as to have a reasonably compact body of land, and so that no land shall be taken into the city which is not adapted to city improvements, or which the city will not need in the reason ably near future for development, unless necessarily embraced in such compact body of land; (b) To require the assumption by the city or town of a just proportion of any existing debt of the county or any district therein ; (c) To require the payment by the city of a sum to be determined by the [5 1 ] �§ 15-152.13 V ir g in ia Sc L h o o l a w s S u ppl e m e n t § 15-152.13 court, payable on the effective date of annexation, to compensate the county for the value of public improvements, including but not limited to the paving of pub lic roads and streets, the construction of sidewalks thereon, the installation of watermains, or sewers, garbage disposal systems, fire protection facilities, bridges, public schools and equipment thereof, or any other permanent public im provements owned and maintained by the county at the time of annexation; and further to compensate the county in not more than five annual installments for prospective loss of net tax revenues during the next five years, to such extent as the court in its discretion may determine, because of annexation of taxable values to the city; (d) To require the payment by a town of a sum to be determined by the court, payable on the effective date of annexation to compensate the county for any such public improvement which becomes the property of the town by annexation; pro vided, that the order may provide that if, within five years after the order, such town becomes a city, it shall, from and after it becomes a city, make such pay ments as are provided for in paragraph (c) above for a period not to exceed five 3'ears from the date of such order. (e) In lieu of providing for compensation of the county for any public im provement, to provide that any such improvement shall remain the property of the county, or to provide for joint use thereof by the county and city or town under such conditions as the court may prescribe with consent of the governing bodies affected; (f) To prescribe what capital outlays shall be made by the city in the area after annexation; provided, that the court shall require of the city the provision of any capital improvements which in its judgment are essential to meet the needs of the annexed area and to bring the same up to a standard equal to that of the remainder of the city; and provided further, that the court may, in its discretion, require as a condition of annexation the provision of capital improvements in ad dition to those specified in the annexation ordinance when the same are required to meet the needs of the area annexed. (1952, c. 328.) O b lig a tio n of c o u n ty w h e re b o n d s n o t is s u e d a n d d e liv e re d — W h e re b o n d s for th e c o n s tru c tio n o f a c o u rth o u s e h ad been a u th o riz e d , b u t n o t issu ed a n d d eliv ered , t h e c o u n ty h a d in c u rr e d no o b lig a tio n th e r e f o r , a n d t h e re w as n o “ e x is tin g d e b t” w ith in th e m e a n in g o f th e a n n e x a tio n law (re p e a le d § 15-127). C o u n ty o f F a irfa x v. A le x a n d ria , 193 V a . 82, 68 S. E . (2 d ) 101 . A d ju s tm e n t o f in te re s ts w h e re la n d s a n n e x e d .— I t w a s c o n te m p la te d b y th e fra m e rs of th e a n n e x a tio n law s t h a t th e re w ould b e a r e a s o n a b le a n d fa ir a d ju s tm e n t o f all in te re s ts b e tw e e n th e a n n e x in g to w n o r city , th e la n d s to b e a n n e x e d , a n d th e c o u n ty fr o m w h ic h th e la n d s w e re b e in g a n n e x e d . R o a n o k e v. F is h e r , 193 V a . 651, 70 S. E . (2 d ) 274, d e c id e d u n d e r re p e a le d §§ 15-125 to 15-152. C o n tin u a tio n o f s e w e r c h a rg e p re v io u s ly im p o se d in a n n e x e d s a n ita r y d is tr ic t.— S ec R o a n o k e v . F is h e r, 193 V a . 651, 70 S . E . (2 d ) 274, d e c id e d u n d e r fo r m e r s ta tu te . T a x ra te s in o ld a n d n e w p o rtio n s o f c ity .— S ec R o a n o k e v . H ill, 193 V a . 643, 70 S . E . (2 d ) 270, d e c id e d u n d e r fo r m e r s ta tu te . § 1 5 -1 5 2 .1 3 . Determination of value of public improvements.— (a) In the determination of the value of any public improvement for the pur poses set forth in § 15-152.12 the court shall take into consideration the original cost thereof less depreciation, reproduction cost at the time of annexation less depreciation, as well as present value. (b) The city or town shall receive cr. lit, upon a basis to be determined by the court, for any sums it may have contributed to such public improvement and may in the discretion of the court be allowed credit for any portion of the cost thereof contributed by any federal, State or other agency and not borne by the county; provided that when such improvements consist of a school financed in part from county funds and in part from State grant the city or town shall re ceive such credit only upon that portion of the cost paid for by State grant and only then upon the ratio that children residing in the area annexed and enrolled [52 1 § 15-292 Co u n t ie s , C it ie s a n d T o w n s § 15-504 in such school therein bears to the total attendance of school children in the county. (c) The governing body of the county, or any town therein, portions of which are proposed to be annexed shall not between the entry of the decree of annexa tion and the date when the same becomes effective, make or contract for any permanent public improvements, to be paid for by the city or town seeking an nexation, without the consent of the corporate authorities of the city or town and the supervision of the official thereof charged with the making of similar public improvements within the city or town. (1952, c. 328.) § 15-2 92. Department of education. T o w n o f H e rn d o n . — S e c tio n 15-339, w h e n re a d in c o n n e c tio n w ith th is sec tio n , e x p re s s ly re p e a ls an d re n d e rs in o p e ra tiv e § 22-43 in s o fa r a s i t ap p lies to th e to w n of H e rn d o n . C o u n ty S ch o o l B o a rd v. H e rn d o n , 194 V a . 810, 75 S. E . (2 d ) 474. S ee n o te to § 22-43. § 15-310.1. Manner of execution of obligations of certain counties. —Notwithstanding any other provisions of law to the contrary in any county having the county manager form of organization and government under this chapter, adjoining a city with a population of not more than forty-three thousand, all bonds and other obligations of the county, whether issued by the governing body thereof or by the school board, shall hereafter be signed by the chairman of such governing body and countersigned by the clerk thereof. (1952, c. 220.) T h e n u m b e r o f th is s e c tio n w a s a ssig n e d by th e V irg in ia C o d e C o m m issio n , th e 1952 a c t h a v in g a s s ig n e d n o n u m b er. § 15-504. Supervisors, etc., not to have interest in contracts with, or claims against, counties.—No supervisor, superintendent of the poor, special policeman, commissioner of the revenue, treasurer, attorney for the Com monwealth, clerk of the court, trial justice, sheriff or any paid officer of the county shall become interested, directly or indirectly, in any contract, or in the profits of any contracts, made by or with any officer, agent, commissioner, or person act ing on behalf of the supervisors, the county school board, or superintendent of the poor of the county, or in any contract, fee, commission, premium or profit there from, paid, in whole or in part, by the county or any board, commission or agency thereof or in the sale or furnishing of supplies © materials to such county, and r shall not become interested, directly or indirectly, in any contract, or in the profits of any contract, made by or with any officer, agent, commissioner, trustee or over seer for working and keeping in repair the public roads in the county. On application of the board of supervisors, board of public welfare, or school board, the circuit court may designate such attorney, who may be the attorney for the Commonwealth or trial justice of such county, to represent either or all such boards in matters requiring the services of an attorney, such attorney so designated to be paid such compensation by the county or school board or by the board of public welfare, as requisite, as the court prescribes. And no supervisor shall, except by descent or devise, marriage or as a personal representative, committee of an insane person, or guardian, become interested, directly or indirectly in any claim against his county, whether the same shall have been passed upon by the board of supervisors or not. Any such contract shall be void, and the amount embraced by any contract, the value of any such sup plies or materials and the amount of any such claim shall never be paid; or, if paid, may be recovered back, with interest, by the county, in the circuit court of the county, by action or motion, within two years from the time of payment. The term “contract”, as herein used, shall not be held to include the depositing of county or town funds in. or the borrowing of funds from, local banks in which members of the board of supervisors, members of the school board, or other county officers herein named may have a stock interest; nor shall it include the granting of franchises to or purchase of services from public service corporations. [ 53 1 �§ 15-590.1:1 V ir g in ia Sc h o o l L a w s S u ppl e m e n t 15-590.1:1 This section shall not apply to attorneys for the Commonwealth employed by the governing bodies of counties under the provisions of §§ 58-762, 58-1016 or 58-1102 to collect taxes which are a lien on real estate; nor to contracts for additional compensation to be paid an attorney for the Commonwealth for services rendered in connection with proceedings under chapter 8 of this title. Nor shall this section apply to the publication of notices, lists, or other informa tion, which the county is required or permitted by law to publish, in a newspaper owned directly or indirectly by a county officer or operated by such officer, pro vided such newspaper is the only newspaper of general circulation published in such county. Nor shall this section apply to the compensation, not in excess of one dollar per day, of sheriffs who also serve as jailors for their counties. (Code 1919, § 2707; 1936, p. 69; 1938, p. 532; 1948, p. 530; 1950, p. 463; 1952. c. 327. T h e 1952 a m e n d m e n t a d d e d to th e fifth p a r a g r a p h th e p ro v is io n a s to c o n tra c ts fo r a d d itio n a l c o m p e n sa tio n . I t a ls o a d d e d th e la s t p a r a g ra p h . C o n tr a c ts b e tw e e n s c h o o l e m p lo y e e s a n d o ffic ials a n d th e s c h o o l b o a r d s a r e g o v e r n e d b y § 22-213 r a th e r t h a n th is sec tio n . R ep . A tty . G e n ., 1950-51, p. 259. T h e c o u n ty c le rk a n d a d e p u ty c le rk a re p a id o ffic ers o f th e c o u n ty w ith in th e m e a n in g o f th is s e c tio n a n d th e y a re th e r e f o r e p ro h ib ite d fro m b e c o m in g i n te r e s te d , d ire c tly o r in d ire c tly , in a n y c o n t r a c t m a d e on b e h a lf o f th e c o u n ty sch o o l b o a rd . R ep . A tty . G e n ., 1952-53, p. 1 8 0 . Sale of supplies to school cafeteria. — W h e n a s c h o o l b o a r d its e lf is d ire c tly r e s p o n s ib le fo r th e o p e ra tio n o f a c a fe te ria a n d a n y c o n tr a c t m a d e b y a p e r s o n o p e r a t in g it, a m e m b e r o f th e b o a r d o f s u p e r v is o rs m a y n o t sell su p p lie s to b e u s e d in th e c a fe te ria . R ep . A tty . G e n ., 1950-51, p. 245. B u s lin e w h ic h is jo in tly o w n e d b y m e m b e r o f b o a r d o f s u p e r v is o r s c a n n o t c o n tr a c t fo r t r a n s p o r ta t io n o f s c h o o l c h ild re n . R ep . A tty . G e n . ( J u ly 9, 1951), 1951-52. Firm in which circuit court clerk is partner. — W h e r e th e c le rk o f a c irc u it c o u r t is a p a r tn e r in a p a r tn e r s h ip e n g a g e d in th e b u ild in g a n d p lu m b in g b u s in e s s , s u c h firm c a n n o t s u b c o n tr a c t w ith th e g e n e r a l c o n t r a c t o r o n c o u n ty sch o o l b u ild in g s . R ep . A tty . G e n . (M a y 3, 1954), 1953-54. O w n e rs h ip b y m e m b e r o f b o a r d o f o n e s h a r e of s to c k in c o r p o ra tio n h a v in g to ta l o f o n e h u n d re d a n d s e v e n ty - o n e s h a r e s is s u c h a s lig h t in te r e s t in th e c o r p o ra tio n as to be de m in im is a n d w o u ld n o t p ro h ib it th e p u rc h a s e of a t r a c t of land fro m th e c o r p o ra tio n by th e co u n ty s c h o o l b o a rd . R ep . A tty . G en., 1950-51, p. 244. Authority of school board to employ counsel.—P ro c e d u re is fo r th e b o a rd to ap p ly to ju d g e o f c irc u it c o u r t fo r p e r m is sio n to em p lo y co unsel a n d fo r d ire c tio n s a s to c o m p e n sa tio n o f s u ch co u n se l. R ep. A tty . G en., 1950-51, p. 242. Compensation to Commonwealth’s At torney for services to school board. — T h e p u rp o s e o f th e 1950 a m e n d m e n t to th is s e c tio n w a s to re m o v e th e b a r w h ic h p r e v io u s ly e x is te d o n c o n tra c ts b e tw e e n th e C o m m o n w e a lth ’s A tto rn e y an d th e v a rio u s b o a r d s n a m e d . W h e th e r o r n o t th e C o m m o n w e a lth ’s A tto rn e y c o u ld b e g iv en a d d i tio n a l c o m p e n sa tio n fo r th e p e rfo rm a n c e of s e rv ic e s fo r th e b o a rd s , w ould d e p e n d in ea ch c a s e u p o n w h e th e r th e se rv ic e p e r fo rm e d w a s o v e r a n d ab o v e th e serv ic es w h ich th e b o a rd s h a d a rig h t to e x p e c t o f h im in h is official c a p a c ity . R ep. A tty . G en., 1950-51, p p . 63, 64. M e m b e r o f b o a r d o f s u p e rv is o rs c a n n o t b e te a c h e r . R ep . A tty . G en., 1950-51, p. 253. S ee a ls o R ep. A tty . G en., 1947-48, p. 141. Insurance.— A c o r p o ra tio n d o in g a g e n e r a l in s u ra n c e b u s in e s s m a y n o t p lac e fire in s u ra n c e c o v e ra g e u p o n sch o o l b u ild in g s a n d co llisio n a n d liab ility c o v e ra g e u p o n s c h o o l b u s e s w h ile a m e m b e r o f th e b o a rd o f s u p e r v is o r s of th e c o u n ty is a salaried em p lo y e e o f t h e c o r p o ra tio n . R ep. A tty . G en. ( J u ly 21, 1953), 1953-54. § 1 5 -5 9 0 .1 :1 . Validation of certain county elections and bonds.— (1) All elections held before April 1, 1952, in any county of this State to pro vide for the issuance of bends for the purpose of purchasing, erecting, building, rebuilding, adding to, equipping or otherwise improving any schools, sewerage or drainage systems, or parks and playground areas in any such county, are hereby validated, ratified, approved and confirmed notwithstanding any defect or irregularity in the calling or holding of such elections, or in the petitions or resolutions presented to the circuit court praying for the holding of such elec(5 4 ] § 15-591 Co u n t ie s , Cit ie s a n d T o w n s § 15-605.3 tions, or in the proceedings in the circuit court, or in the form of the ballots used at such elections, or in the circuit courts’ orders ordering or confirming such elections and notwithstanding' the failure to enter any of such orders of the cir cuit court, and any bonds heretofore or hereafter issued pursuant thereto, are hereby declared to be the valid and binding obligations of the county authoriz ing the issuance of such bonds. (2) The provisions of paragraph (1) of this section shall be applicable, not withstanding the validity or invalidity of the qualifications of any member or members of the governing body participating in the bond issue. (3) The provisions of paragraphs (1) and (2) of this section shall be con strued to include every contract or security made or obtained in connection with such bond issued by any governing body through its members acting in their offi cial capacity under color of office, notwithstanding the validity or invalidity of the qualifications of any member or members of the governing body. (4) All judgments given and all acts executed or done by any person by au thority or color of any office or post, or the deputation thereof, in connection with such bond issue before his removal from office, shall be as valid as they would be if such person had not been removed from office. (1952, c. 442.) The number of this section w as a s sig n ed by t h e V irg in ia C o d e C om m ission, th e 1952 act h a v in g a s s ig n e d n o n u m b er. § 1 5 -5 9 1 . Purposes for which cities and towns may issue bonds.— Any city or town of this Commonwealth may issue bonds for any one or more of the following purposes, namely: to provide for water supply, water works, elec tric lights or other lighting system, wharves, docks, harbors, sea walls, beach improvements, etc., and suitable equipment against fire; or for erecting or im proving school buildings, jails, city or town halls, fire houses, libraries, museums, and other public buildings, incinerators, auditoriums, armories, airports and equipment and furnishings for the same; or for grading, paving, repaving, curb ing or otherwise improving any one or more of the streets or alleys, or widening existing ones, in such city or town; or for locating, instituting and maintaining sewers and culverts in and along any of such streets, or avenues, or alleys, or any part thereof; or for any other permanent public improvement; or for the pur pose of acquiring or providing for public parks and playgrounds; or for funding or refunding existing indebtedness. (Code 1919, § 3079; 1930, p. 573; 1938, p. 333; 1940, p. 116; 1952, c. 11.) The 1952 amendment e x te n d e d th e pur p o s e c la u se o f th is sec tio n to in clu d e sea w a lls a n d b e a c h im p ro v e m e n ts . § 1 5 -605.1. Short title of article.—This article may be cited as the “Public Borrowing Law of 1952.” (1952, c. 371.) The numbers o f §§ 15-605.1 to 15-605.13 w e re a s s ig n e d b y th e V irg in ia C ode C o m m issio n , th e 1952 a c t h a v in g a s s ig n e d no n u m b ers. § 1 5 -6 0 5 .2 . Definitions.—(a) The word “county'' shall mean any county now or hereafter existing in the Commonwealth of Virginia. (b) The term “governing body” shall mean the board of supervisors, the county board, or such other board or body in which the general legislative powers of the county are vested. (c) The term “initial borroxving resolution” shall mean the resolution adopted by the governing body of a county under the provisions of § 15-605.4. (1952, c. 371.) § 15-605.3. Purposes for which debts contracted and bonds issued. —Each county in the Commonwealth of Virginia shall be and is hereby au- f 551 �§ 15-605.4 V ir g in ia Sc h o o l Laws S u ppl e m e n t § 15-605.6 thorized to provide by resolution of its governing body for the contracting of a debt and the issuance of bonds for any one or more of the following purposes: (a) To provide funds to pay the cost of any general public improvement or property, the construction or acquisition of which is not specifically prohibited by the Constitution of the Commonwealth; provided that no bonds shall be issued to pay for current expenses; (b) To fund or refund any bonds of the county outstanding on March 31, 1952 or which may be outstanding at any time under the provisions of this article; and (c) To provide funds for any other purpose for which it is authorized by law to appropriate money, except for current expenses. (1952, c. 371.) § 1 5 -6 0 5 .4 . Initial borrowing resolution; contents; bonds for school purposes.—Notwithstanding the provisions of any other law of the Com monwealth of Virginia the governing body of any county shall be and is hereby authorized by resolution of such governing body to request the circuit court, or any judge thereof, in and for said county to order an election upon the question of contracting a debt and issuing bonds for any purpose or purposes authorized by this article. Such resolution shall state: (a; In brief and general terms the purpose or purposes of the bond issue. (b) The maximum amount of money to be raised by the bond issue, and, if more than one purpose the maximum amount of money for each purpose; pro vided. however, that with respect to the amount of money to be raised for school purposes, a statement of the maximum amount for each separate purpose shall not be required. Prior to the adoption under the provisions of this section of a resolution by the governing body of any county requesting the ordering of an election upon the question of contracting a debt and issuing bonds for school purposes, the county board of education or school board of such county shall first request, by resolu tion, such governing body to take such action. (1952, c. 371.) § 1 5 -6 0 5 .5 . Filing copy of resolution with court; order for election; notice.—Upon the adoption by the governing body of any county of an initial borrowing resolution under the provisions of this article, a copy thereof, certi fied by the clerk of such governing body, shall be filed with the judge of the circuit court of such county who shall thereupon make an order requiring the judges of election on the day fixed in such order, not less than ten days nor more than thirty days from the date of such order, to open a poll and take the sense of the qualified voters of the cgunty on the question of contracting the debt and issuing bonds for the purpose or purposes set forth in the initial borrowing reso lution Notice of said election in the form prescribed by the judge of the circuit court shall be published at least once before the election in a newspaper of gen eral circulation in the county, at least ten days before the election. (1952, c. 371.) § 1 5 -6 0 5 .6 . Holding of election.—The regular election officers of the county, at the time designated in such order authorizing such vote, shall open the polls at the various voting places in the county and shall conduct such elec tion in such manner as is provided by law for other elections. At such election each qualified voter who shall approve contracting a debt and issuing bonds for such purpose or purposes shall cast his vote, either by paper ballot or by use of a voting machine as the governing body may provide, for the bond issue or against the bond issue, for each such purpose or purposes. The votes shall be counted, returns made and canvassed as in other special elections and the re sults certified by the commissioners of election to the circuit court of the county or a judge thereof in vacation. If it shall appear by the report of the commis sioners of election that a majority of the qualified voters of the county, voting on the question, approve contracting the debt and issuing the bonds for such pur[5 6 ] § 15-605.7 C o u n t ie s , C it ie s a nd Tow ns § 15-605.9 pose or purposes, the circuit court or a judge thereof in vacation shall forthwith enter an order authorizing the governing body of the county to proceed to carry out the wishes of the voters. (1952, c. 371.) § 1 5 -6 0 5 .7 . Bond resolutions; school bonds; form and execution of bonds; in terest rate and maturity.—In the event the question of contracting a debt and issuing bonds for the purpose or purposes set forth in the initial bor rowing resolution shall be approved at the election called and held for such pur pose, the governing body of the county, subsequent to the recording of the re sults of such election, shall, by resolution, at one time, or from time to time, au thorize the issuance of bonds, and a copy of each such resolution, certified by the clerk of the governing body of the county shall be filed with the clerk of the cir cuit court of such county. With respect to bonds for school purposes, the gov erning body of the county shall take this action only after the county board of education, if any, or school board has, by resolution, requested the governing body of the county to authorize the issuance of such bonds. The bonds shall be dated, shall bear interest at such rate or rates not exceeding five per centum per annum, shall mature at such time or times not exceeding forty years from their date, and may be made redeemable before maturity, at the option of such govern ing body, at such price or prices and under such terms and conditions, all as may be fixed by such resolution. Such resolution shall determine the form and manner of execution of bonds, including any interest coupons to be attached thereto, shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest which may be at any bank or trust company within or without the Commonwealth. In case any officer whose signature or a facsimile of whose signature shall ap pear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and suffi cient for all purposes the same as if such officer had remained in office until such deliver)'. Bonds may be issued in coupon or in registered form, or both, as the governing body may, in such resolution, determine, and provisions may be made in the resolution for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the. reconversion into coupon bonds or any bonds registered as to both principal and interest. (1952, c. 371.) § 1 5 -6 0 5 .8 . Bonds mutilated, lost or destroyed.—In case any bond shall become mutilated or be destroyed or lost, the governing body may cause a new bond oi like date, number and tenor to be executed and delivered in exchange and substitution for and upon the cancellation of such mutilated bond and its interest coupons, if any, or in lieu of and in substitution for such bond and its coupons, if any, destroyed or lost, upon the holder’s paying the reasonable ex penses and charges in connection therewith and in the case of a bond destroyed or lost, his filing with the county treasurer of the county evidence satisfactory to the county treasurer that such bond and coupons, if any, were destroyed or lost, and of his ownership thereof, and furnishing indemnity satisfactory to such treasurer. (1952, c. 371.) § 1 5 -6 0 5 .9 . Sale of bonds.—The governing body of any county may sell any bonds of such county authorized under the provisions of this article in such manner, either at public or private sale, and for such price as it may determine to be for the best interests of the county, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than five per centum per annum, computed with relation to the abso lute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation, the amount of any premium to be paid on the redemption of any bonds prior to maturity. (1952, c. 371.) 1571 �§ 15- 605.10 V ir g in ia Sc h o o l Laws Su ppl e m e n t § 15-607 § 1 5 -6 0 5 .1 0 . Investment of proceeds pending application to au thorized purpose.—Pending the application of the proceeds of any bonds au thorized under the provisions of this article to the purpose or purposes for which such bonds have been authorized, all or any part of such proceeds may be in vested. upon resolution of the governing body of the county authorizing such bonds, in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by the United States government which shall mature, or which shall be subject to the redemption by the holder thereof at the option of such holder, not later than eighteen months after the date of such in vestment. Any obligation so purchased as investment of the proceeds of such bonds shall be deemed at all times to be a part of such proceeds, and the interest accruing thereon and any profit realized from such investment shall be credited to such proceeds. Any obligation so purchased shall be held by the treasurer of the county as custodian thereof and shall be sold by the county treasurer upon reso lution of the governing board of the county directing such sale, at the best price obtainable, or presented for redemption, whenever it shall be necessary, as deter mined by such resolution, so to do in order to provide moneys to meet the pur poses for which the bonds of the county shall have been authorized. (1952, c. 371.) § 1 5 -6 0 5 .1 1 . Contesting legality of bonds or taxes levied for p ay m ent.—For a period of thirty days after the date of the filing with the circuit court ot the county of the certified copy of the resolution of the governing board of such county authorizing the issuance of bonds and fixing the form and details thereof, any person in interest shall have the right to contest the legality of such bonds oi the taxes to be levied for the payment of the principal of and the interest on such bonds, after which time the validity of such bonds, the validity of the taxes necessary for the payment of the principal of and the interest on such bonds and all other details of the resolution authorizing such bonds may no longer be questioned or attacked for any cause whatsoever. If such contest shall not have been begun within the thirty-day period herein prescribed, the authority to issue the bonds, the validity of the taxes necessary to pay the principal of and the in terest on the bonds and all other proceedings in connection with the authoriza tion and the issuance of the bonds shall be conclusively presumed to have been legally taken and no court shall have authority to inquire into such matters. (1952, c. 371.) § 1 5 -6 0 5 .1 2 . Tax to pay principal and interest of bonds.--The govern ing body of any county issuing bonds under the provisions of this article shall ievy and collect annually, at the same time and in the same manner as other countv taxes are assessed, levied and collected, a tax upon all taxable property in the county subject to local taxation, sufficient to provide for the payment of the principal of and the interest upon such bonds as the same respectively become due. (1952, c. 371.) § 1 5 -6 0 5 .1 3 . Pc-T/ers conferred by article are additional and supple m ental.—The powers conferred by this article shall be in addition or supple mental to the powers conferred by any other law and bonds may be authorized pursuant to the provisions of this article notwithstanding the fact that any other law may provide for the issuance of bonds for like purposes, and without regard to the requirements, restrictions or other provisions contained in any other law. Bonds may be issued under the provisions of this article notwithstanding any debt or any other limitations prescribed by any other law, and the mode and method of the procedure for the issuance of bonds under this article need not conform to the provisions of any other law. (1952, c. 371.) § 1 5 -6 0 7 . Powers conferred upon cities and towns.—The cities and towns of the Commonwealth shall have power and are hereby authorized: [5 8 ] § 15-607 C o u n t ie s , C it ie s a nd Tow ns § 15-607 (1) To accept from any federal agency grants for or in aid of any project, except as may otherwise be provided by general law; (2) To contract debts for any project, to borrow money for any project, and to issue their negotiable bonds to finance any project or refund any bonds issued therefor, and to provide for the rights of the holders of such bonds and to secure the same as hereinafter further provided, and to purchase any of such bonds solely for the purpose of the cancellation and retirement thereof. (3) To levy fees, rents, tolls or other charges for the use of or in connection with any project, subject to and in accordance with such agreements with holders of bonds as may be made as hereinafter provided; and to provide for the collection of such fees, rents, tolls or other charges for the use of and in connection with any project. And to enable the said cities or towns to enforce the collection of fees, rents, tolls or charges for the use of or in connection with any such project against the person or persons, firm or corporation using the same, the fees, rents, tolls or charges when made for the use of any such project shall be collectible by distress, levy, garnishment, attachment or as otherwise provided by law. Any unpaid fee, rent, toll or charge shall become a lien superior to the interest of any owner, lessee or tenant, and next in succession to taxes on the real prop erty on or for which the use of any such project was made and for which the fee, rent, toll or charge was imposed; provided, however, such lien shall not bind or affect a subsequent bona fide purchaser of such real estate for valuable con sideration without actual notice of such lien, except and until from the time at which the amount of such charge is entered in the judgment records kept in the office where deeds may be recorded in the political subdivision wherein said real estate or a part thereof is located. It shall be the duty of the clerk in whose office deeds may be recorded to keep and preserve and hold available for public inspec tion such judgment records and to cause entries to be made and indexed therein from time to time upon certification by the city or town for which he shall be entitled to a fee of fifty cents per entry to be paid by the city or town and added to the amount of the lien. Such lien on any real estate may be discharged by the payment to the said city or town of the total amount of such lien, and interest at the rate of six per centum per annum from the date such fee, rent, toll or charge was due and payable which may accrue to the date of such payment, and the entry fee of fifty cents, and it shall be the duty of the city or town to deliver a certificate thereof to the person paying the same, and upon presentation thereof and the payment of the further fee of twenty-five cents by such person, the clerk having the record of such lien shall mark the entry of such lien satisfied. Jurisdiction to enforce any such lien shall be in equity, and the court may decree the real estate subject to the lien, if any, or any part thereof, to be sold and the proceeds applied to the payment of such lien and the interest which may accrue to the date of such payment. Nothing contained herein shall be construed to prejudice the right of the city or town to recover the amount of such lien, or of the fee, rent, toll or charge, and the interest which may accrue, by action at law or otherwise. (4) To assess, levy and collect unlimited ad valorem taxes on all property subject to taxation, to pay the bonds and interest thereon, issued to finance any project subject to and in accordance with such agreements with holders of bonds as may be made as hereinafter provided: (5) To acquire by purchase, gift or the exercise of the power of eminent domain and to hold and dispose of any real or personal property, or interest there in, in connection with any project, subject to mortgages or liens or otherwise, and to lease either to or from any federal agency any real or personal property, or interest therein, with or without the privilege of purchase; (6) To acquire by purchase, gift or by the exercise of the power of eminent domain and to construct, reconstruct, replace, repair, operate, maintain, embellish, r5 9 1 �§ 1-8 569 V ir g in ia Sc h o o l La w s Su ppl e m e n t § 15-689 develop, better or improve any project; and to perform any such acts and to do any such things under, through, or by means of its own officers, agents and employees or by contracts with private corporations, firms or individuals; (7) To make such contracts and execute such instruments containing such terms, provisions and conditions as in the discretion of the governing body of such county, city or town may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans or other financial assistance from any federal agency, and to make such other, further or different contracts and execute all instruments necessary or convenient in or for the furtherance of any project; (8) To enter on any lands, waters and premises for the purpose of making surveys, soundings and examinations in or for the furtherance of any project; (9) To do all things necessary or convenient to carry out the powers expressly given in this article and to carry out any project; and (10) To make such contracts and execute such instruments with any person, firm, corporation, municipality, authority, county, sanitary district, city or town, containing such terms, provisions and conditions, as in the discretion of the gov erning body or board of such city or town, may be necessary, proper and ad visable for the purpose of the project or to construct, reconstruct, replace, repair, operate, maintain, embellish, develop, better or improve any project, or for the extension of any project or the connection of any project with any similar project, now or hereafter established within or without the territory of such city or town, for the purpose of making available the use of all or any part of such project or any of the services or facilities thereof to any of the residents of such city or town or of any other city, town, county or sanitary district. (1940, p. 676; Michie Code 1942, § 3091 p; 1948, p. 669; 1954, c. 325.) The 1954 amendment substituted “the Common wealth’' for "this Commonwealth’’ in the introductory paragraph, and in serted in paragraph ( 2 ) t h e provisions as to refund of bonds and purchase of bonds for cancellation. It added all o f paragraph (3) beginning with the words “and to § 15-689. provide" in line three, om itted “o th e r” formerly appearing before “liens” in line three of paragraph (5), and added p ara graph (10). Effective date. — The emergency act amending this section was approved April I 1054. , Providing offices for various officers, judges, etc. This section not in conflict with § 58Egerton v. Hopewell, 193 Va. 493, G9 S. 916.—The provisions of this section au E. (2d) 320. City council has pow er to require city thorizing the board of supervisors to pro sergeant to move office.—U nder the facts vide offices for the treasurer and other named officers in the courthouse if space established it was held, that city council had the right and pow er to require city t h e r e i n i s available, otherwise to provide sergeant to vacate and m ove from office space elsewhere, arc not in conflict with in city municipal building t o o f f i c e a s § 5 8 - 9 1 6 , which applies o n l y t o the treas signed to him at city jail located in an urer’s office, and requires such office to other building. Egerton v. H opew ell, 193 b e maintained at the county seat, unless Va. 493, 09 S. E. (2d) 320. the board determines that another place is D iscretion of council in d eterm ining more convenient to a majority of the citi availability of office space.—City m unici zens. Board of Supervisors of Hanover pal building was not in its en tirety a County v. Weems, 194 Va. 10, 72 S. E. courthouse and determ ination by the city (2d) 378. council of w hether o r not office space was City sergeant entitled to same rights as available for the city sergeant w ithin th at sheriff.—A city sergeant who performs portion of the building which co n stitu ted what would otherwise be the sheriff’s du the courthouse was, under this section, ties and is charged with supervision of within its sound discretion and its d iscre t h e j a i l a n d safekeeping of its inmates, is tion i n t h a t respect could not b e s e t aside entitled to the same rights under this sec or disregarded unless abused. E gerton v. tion that h e w o u l d b e e n t i t l e d t o i f he Hopewell, 193 Va. 493, 69 S. E. (2d) 326. d i d i n fact occupy the office of sheriff. § 18-231.1 I n sa n e, E p il e p t ic , e t c .. P er so n s § 37-187 T itle 18. Crimes and Offenses Generally. § 1 8 - 2 3 1 .1 . T re s p a s s a t n ig h t u p o n c h u rc h o r sc h o o l p r o p e r t y . — It shall be unlawful for any person, without the consent of som e person authorized to give such consent, to go or enter upon, in the nighttime, the prem ises or p rop erty of any church or upon any school property for any purpose other than to attend a m eeting or service held or conducted in such church or school property. A ny person violating the provisions o f this section shall be gu ilty o f a tresp ass and upon conviction shall be fined not less than five nor more than tw en ty-five dollars. (1932, p. 426; Michie Code 1942, § 46b ; 1952, c. 2 1 9 .) T h e 1952 a m e n d m e n t extended this sec tion to entry upon school property. T itle 3 3 . H igh w ays, Bridges and Ferries. § 3 3 - 1 1 1 . S a le of m ate i-ials to, a n d u s e o f e q u ip m e n t by, c it i e s , to w n s, c o u n tie s a n d school b o a rd s . — The Commission may lend or rent eq u ip ment and sell materials and supplies used in the building or repairing o f roads and streets to any city, town, county, or school l>oard, upon such term s and con ditions as may be agreed upon by the Commission and such city, tow n, cou n ty, o r school board. Provided the governing body of such city, tow n, county, o r school board submits to the Commission a certificate setting forth that the m aterial or equipment cannot be furnished from private sources within a reasonable tim e. Provided further that the foregoing proviso shall not apply to tow ns with a p op u lation of less than thirty-five hundred inhabitants. (1 9 4 0 , p. 4 8 ; M ichie C ode 1942, § 1 972(1) ; 1952. c. 337; 1954, c. 349.) The 1952 am endm ent a u th o riz e d th e Commission to sell materials and supplies. added the proviso and made formal c h a n g e s o f p h ra s e o lo g y . T h e 1954 a m e n d m e n t added the last pro- viso. T itle 37 . Insane, E pileptic, Feeble-M inded and Inebriate P erso n s. § 3 7 - 1 8 6 . W ho re c e iv e d in L y n c h b u rg T r a in in g S c h o o l a n d H o s p i ta l! — The superintendent of the Lynchburg Training School and H o sp ita l shall receive and care for such epileptic, and such m entally deficient w h ite p ersons, male and female, when facilities are available, to whom such training w ould he o f most benefit, who are legal residents of Virginia, as under the law s o f the State are committed to such colony, provided that in com m itting p ersons to the colony and in receiving them therein those indigent white persons w h o w ould be most likely to receive benefit from colony care and training shall be first re ceived and admitted. (Code 1919, § 1077:'1922, p. 120; 1930, p. 6 5 ; 1936, p. 29; 1946. p. 79; 1950, p. 927; 1954, c. 668.) T h e 1954 a m e n d m e n t substituted “Lynch burg Training School and Hospital” for ‘Lynchburg State Colony". § 3 7 -1 8 7 . E m p lo y m en t, t r a in in g a n d m e d ic a l t r e a t m e n t in L y n c h b u rg T ra in in g S chool a n d H o s p ita l. — In order to prom ote the o b jects for which the Lynchburg Training School and H ospital w as established, for the [6 0 1 [6 1 | �§ 37-188 V ir g in ia Sc h o o l L a w s Su ppl e m e n t § 46-205 protection of society and mentally deficient and epileptic persons themselves and that those who are capable of being trained for self-support may eventually leave the institution and enjoy the life and liberty of the outer world, the super intendent thereof and the State Hospital Board, shall, as far as practicable, pro vide suitable employment for such patients and such training, both educational and industrial, as is adapted to their capacities and shall see that such moral, medical and surgical treatment as they deem proper shall be given such patients in order to promote the objects for which the institution is provided. (Code 1919, § 1077; 1922, p. 120; 1930, p. 65; 1936, p. 29; 1946, p. 79; 1950, p. 927; 1954, c. 668.) T h e 1954 a m e n d m e n t s u b s titu te d “ L y n c h b u r g T r a i n in g S c h o o l a n d H o s p ita l” fo r “ L y n c h b u r g S ta t e C o lo n y ” . § 3 7 -1 8 8 . Buildings and teachers at Lynchburg Training School and Hospital.—The State Hospital Board and superintendent of the Lynch burg Training School and Hospital shall, as far as practicable, provide neces sary school and industrial buildings and employ such teachers as are necessary for these purposes. (Code 1919, § 1077; 1922, p. 120; 1930, p. 65; 1936, p. 29; 1946, p. 79; 1954, c. 668.) T h e 1954 a m e n d m e n t s u b s titu te d “ L y n c h b u r g T r a i n in g S c h o o l a n d H o s p ita l” fo r “ L y n c h b u r g S ta t e C o lo n y ” . § 3 7 -1 8 9 . Care of mentally deficient with epileptics at Lynchburg Training School and Hospital.—Unless separate buildings for mentally de ficient males are provided, the superintendent of the Lynchburg Training School and Hospital may receive and care for, with white epileptic males, such white mentally deficient male patients as, for urgent and distressing reasons, require custodial care and treatment. (Code 1919, § 1077; 1922, p. 120; 1930, p. 65; 1936, p. 29; 1946, p. 79; 1950, p. 927; 1954, c. 668.) T h e 1954 a m e n d m e n t s u b s titu te d “ L y n c h b u r g T r a i n in g S c h o o l a n d H o s p ita l” fo r “ L y n c h b u r g S ta te C o lo n y ” . Title 46. Motor Vehicles. 4 6 -2 0 8 . Reckless driving; general rule. C ro s s re fe r e n c e s .— A s t o v io la tio n o f th is a r tic le a s n e g lig e n c e , se e n o te to § 46-220. A s to a d d itio n a l p e n a lty w h e n v io la tio n o c c u rs w h ile tr a n s p o r ti n g ex p lo s iv e s o r in fla m m a b le g a s o r liq u id , se e § 46197.2. S p e e d in g is n o t n e c e s s a r ily re c k le s s d riv in g . L a m b v. P a r s o n s , 195 V a . 353, 78 S . E . (2 d ) 707. C o n v ic tio n fo r b o th re c k le s s d riv in g a n d d riv in g w h ile in to x ic a te d .— W h e re th e fa c ts s h o w e d t h a t d e f e n d a n t w a s d riv in g w h ile in to x ic a te d , in v io la tio n o f § 18-75, a n d s e c o n d , t h a t h e w a s d riv in g re c k le s s ly , in v io la tio n o f th is s e c tio n , h e co u ld b e c o n v ic te d o f b o th o ffe n s e s . H u n d le y v. C om ., 193 Va. 449, 69 S . E. ( 2 d ) 336. S ee n o te t o C o d e § 19-232. § 4 6 -2 0 9 . Same; specific instances.—A person shall be guilty of reck less driving who shall: (1) Drive a vehicle when not under proper control or with inadequate or im properly adjusted brakes upon any highway of this State; (2) While driving a vehicle, overtake and pass another vehicle proceeding in the same direction, upon or approaching the crest of a grade or upon or ap proaching a curve in the highway, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway [6 2 ] § 46-209 M ot or V e h ic l e s § 46-209 having two or more designated lanes of roadway for each direction of travel or on a designated one-way street or highway; (3) Pass or attempt to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways; (4) Overtake or pass any other vehicle proceeding in the same direction at any steam, Diesel or electric railway grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more desig nated lanes of roadway for each direction of travel or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or police officer; (5) Fail to stop at a school bus stopped on the highway for the purpose of taking on or discharging school children, whether going in the same or the op posite direction and to remain stopped until all school children are clear of the highway and the bus is put in motion, provided, however, that this shall apply only to school buses marked or identified as provided in the regulations of the State Board of Education; (6) Fail to give adequate and timely signals of intention to turn, partly turn, slow down or stop, as required by §§ 46-233 to 46-237; (7) Exceed a reasonable speed under the circumstances and traffic conditions existing at the time; (8) Fail to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching upon such highway within five hundred feet of such point of entrance, unless a “Yield Right of Way” sign is posted; or where such sign is posted, fail, upon entering such highway, to yield the right of way to the driver of a vehicle approaching on such highway from either direction; or (9) Drive or operate any automobile or other motor vehicle upon any drive way or premises of a church, or school, or of any recreational facilities or of any business property open to the public, recklessly or at a speed or in a manner so as to endanger the life, limb or property of any person. (1938, p. 145; 1940, p. 729; 1942, pp. 418, 672; Michie Code 1942, § 2154(108) ; 1948, p. 843; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 458.) C ro s s re fe r e n c e .— A s to ad d itio n al p en a lty w h e n v io la tio n o c c u rs w hile tr a n s p o r t in g e x p lo s iv e s o r in flam m ab le g as o r liquid, se e § 46-197.2. T h e 1952 a m e n d m e n t ad d e d th e ex c ep tio n c la u s e s a t th e end o f p a ra g ra p h s (2) a n d (3 ) . I t a ls o m a d e p a r a g ra p h (4 ) ap p li c a b le t o d ie s e l ra ilw a y g ra d e cro s s in g s and in s e r te d th e re in th e w o rd s “ u nless such v e h ic le s a r e b e in g o p e ra te d on a h ig h w ay h a v in g tw o o r m o re d e s ig n a te d lanes of ro a d w a y fo r e a c h d ire c tio n o f tra v e l o r on a d e s ig n a te d o n e -w a y s tre e t o r h ig h w a y ” . T h e 1954 a m e n d m e n ts .— C h a p te r 225 of th e A c ts o f 1954 s u b s titu te d th e w o rd s “ s to p p e d on th e h ig h w a y fo r th e p u rp o s e o f ” fo r th e w o r d “ w h ile” fo rm e rly a p p e a rin g a f te r “b u s ” in lin e o n e o f p a r a g ra p h (5 ) , a n d a d d e d th e p a r t o f th e p a r a g ra p h b e g in n in g w ith “a n d th e b u s is p u t in m o tio n ” . I t a ls o a d d e d th e p a r t o f p a r a g r a p h (8 ) r e la tin g to “ Y ield R ig h t of W a y ” s ig n . C h a p te r 458 o f th e A c ts of 1 9 5 4 m a d e th e sa m e ch a n g e s in p a r a g r a p h s (5 ) a n d (8 ) a n d ad d e d p a r a g ra p h (9 ). T h e tw o c h a p te rs h a v e b e e n co m b in ed so a s to give effect to b o th a m e n d a to ry ac ts. P la c e o f s to p p in g .— A s to p lac e o f s to p p in g b e fo re e n te rin g m a in a r te ria l h ig h w a y a n d th e m e a n in g of “ im m e d ia te ly b e fo re e n te rin g ” a s u s e d in t h e p e r tin e n t p ro v isio n s of th e s ta tu te s , see U m b e r g e r v. K o o p , 194 V a . 123, 72 S. E . (2 d ) 370 and n o te to § 46-255. D r iv in g b e h in d tru c k .— D r iv e r did n o t v io late su b s e c tio n (7 ) o f th is s e c tio n an d w as n o t g u ilty o f n e g lig e n c e a s a m a tte r o f law in d riv in g w 'ithin th e s ta tu to ry sp ee d lim it b eh in d a tru c k w h o se o p e r a to r h ad n o t c o m m u n ic a te d a n y in te n tio n of c h a n g in g h is co u rse. E ls w ic k v. C ollins, 194 V a . 292, 72 S. E . (2 d ) 626. In s tr u c tio n h e ld e rro n e o u s .— T h is se c tio n re q u ire s t h a t a veh ic le s h a ll be d riv en " u n d e r p ro p e r c o n tro l" , w h ic h w o rd s h av e bee n c o rre c tly h e ld to fu rn is h a s ta n d a rd to g u id e th e ju ry in a p p ly in g th e ev id e n ce. T h u s th e fo llo w in g in s tr u c tio n w a s h eld to c o n s titu te e r r o r : “T h e c o u r t in s tr u c ts [631 �§ 46-209.1 V ir g in ia S c h o o l the jury that the law of Virginia expressly prohibits any person from driving an auto mobile in such a manner as not to have the same under complete control at all times, and declares that driving an automobile under such conditions will be deemed L a w s S u ppl e m e n t § 46-212 reckless driving". K eatts v. Shelton, 191 Va. 758, 63 S E. (2d) 10. . Violation of paragraph (2) constituting gross negligence. — Sec Steele v. C rocker, 191 Va. 873, 62 S E. (2d) 850. . § 4 6 -2 0 9 .1 . Same; driving in excess of seventy-five m iles per hour. —A person shall be guilty of reckless driving if he operates a motor vehicle in this State at a speed in excess of seventy-five miles per hour. When any person shall be convicted of reckless driving under this section, then in addition to any other penalties provided by law, except in those cases for which revocation of license is provided under § 46-416 of the Code, the operator’s or chauffeur's li cense of such person shall be suspended by the court or judge for a period of not less than sixty days nor more than six months. In case of conviction the court or judge shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46-195.1. (1954, c. 401.) § 4 6 -2 1 0 . Penalty for reckless driving.—Every person convicted of ' reckless driving under § 46-208 or § 46-209 shall, for either a first or second violation, be punished as provided in § 19-265 if he caused serious bodily injury to any other person as a result of such reckless driving; every other person con victed of reckless driving under either of such sections shall, for the first violation, be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in jail for not more than thirty days, or by both such fine and imprisonment; for each second or subsequent conviction for the offense of reckless driving, under either of such sections, committed within twelve months from the date of a prior conviction for reckless driving, every such person shall be punished by a fine of not less than fifty dollars, nor more than five hun dred dollars, or by imprisonment in jail for not less than ten days nor more than six months, or by both such fine and imprisonment. Except in those cases for which revocation of license is provided under para graph (5) of § 46-416 of the Code, any trial justice or court may, in addition to the foregoing punishment, suspend any license issued to such convicted person under chapter 5 of this title for a period of not less than ten days nor more than six months and such trial justice or court shall require such convicted person to surrender his license so suspended. If such person so convicted has not obtained the license required by such chapter such trial justice or court may direct in the judgment of conviction that such person shall not, for such period of not less than ten days nor more than six months as may be prescribed in the judgment, drive or operate any motor vehicle in this State. Such trial justice or court or the clerk of such trial justice or court shall transmit such license to the Commissioner along with the report of such con viction required to be sent to the Division. (1932, p. 650; 1936, p. 214; 1938, p. 146; 1940, p. 729; 1942, pp. 418, 672; Michie Code 1942, § 2154(108); 1948, p. 844; 1950, p. 691; 1952, Ex. Sess., c. 16.) The 1952 amendment deleted from line three the words “guilty of a misdemeanor” and inserted in lieu thereof “punished as provided in § 19-265”. § 4 6 -2 1 1 : Repealed by Acts 1952, c. 666. § 4 6 -2 1 2 . Speed lim its and other driving regu lations.—Any person who shall: (1) Drive any vehicle upon a highway in this State at such speed as unneces sarily to block, hinder or retard the orderly and safe use of the highway or so as to cause congestion on the highway; (2) Drive upon any highway in this State any motor vehicle at a speed in excess of: f 64 1 § 46-212 Motor V e h ic l e s § 46-212 (a) Fifteen miles an hour when passing a school during recess or while children are going to or leaving school, provided that markers be placed on the highways so as to indicate the location of such school; (b ) Twenty-five miles an hour in a business or residential district; (c) Thirty-five miles an hour in any city or town; or (d ) A lower, higher or the same speed to be determined as follows: ( i) The State Highway Commission on all highways maintained by the State Highway Department or the authorities of cities and towns on all highways maintained by them may increase or decrease the speed limits within their boundaries, provided such areas or points are clearly indicated by markers or signs and such speed shall be based upon an engineering and traffic investigation, or (ii) such speed as shall be fixed by the State Highway Commission on all highways maintained by the State Highway Department or the authorities of cities and towns on all highways maintained by them for congested areas or curves, right angle turns or other dangerous points on the highways, when such areas or points are clearly indicated by markers or signs and such speed shall be based upon an engineering and traffic investigation; (e) Forty miles per hour when towing a motor vehicle which is self-propelled or designed for self-propulsion in which there is no driver; (3 ) Drive anywhere else upon a highway in this State any school bus carry ing school children to or from school at a speed in excess of thirty-five miles per hour, or any other passenger carrying bus at a speed in excess of fifty-five miles per hour, or any passenger motor vehicle or motorcycle at a speed in excess of fifty-five miles per hour, or any truck at a speed in excess of forty-five miles per hour, except a pickup or panel truck with a rated carrying capacity not exceeding one ton, or drive any such pickup or panel truck at a speed in excess of fifty-five miles per hour, or any other motor vehicle at a speed in excess of fifty-five miles per hour, unless the State Highway Commission prescribes a lower rate of sp eed ; (4) Drive to the left of the center of a street except upon one-way streets; (5) Violate any provision of the right of way laws, as set forth in §§ 46-238 to 46-240 and 46-244; (6 ) Drive a vehicle out of an alley, lane or building into a street without first bringing such vehicle to a stop immediately before entering such street; (7 ) Make a left turn without passing to the right of the center of the inter section, except as otherwise provided; (8) Make a right turn without keeping close to the curb; (9 ) Coast or operate a motor vehicle with the gears in neutral; (10) While operating a vehicle upon any highway, fail or refuse to control the lights of such vehicle by shifting, depressing, tilting or dimming the headlight beams thereof so as not to project into the eyes of the driver of any oncoming ve hicle a glaring or dazzling light; (11) Drive any motor vehicle in any county having a population of more than six hundred inhabitants per square mile, or in any section or zone of such county, at any speed greater than the applicable maximum speed or speeds prescribed therefor pursuant to the provisions of § 46-205 by the governing board of such county; (12) Pass or attempt to pass on an upgrade hill in such manner as to impede the passage of following traffic, while operating a truck or tractor and trailer, any truck or tractor and trailer going in the same direction; (13) Drive any vehicle or combination of vehicles which is operating under a special permit issued by the Department of Highways in accordance with §§ 46328 and 46-339 at a speed greater than thirty miles per hour; or (14) Drive a vehicle when it is loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mecha nism of the vehicle; SL—5 [ 65 I �§ 46-212.1 V ir g in ia Sc h o o l L S a w s u ppl e m e n t § 46-260 Shall be guilty of a misdemeanor and upon conviction shall be punished in ac cordance with the provisions of § 46-18. (1932, p. 650; 1934, p. 399; 1936, p. 2 1 5 - 1938 p. 146; 1940, p. 88; 1942, p. 349; Michie Code 1942, § 2154(109) ; 1942, Ex. Sess., p. 8; 1944, p. 116; 1946, p. 427; 1948, p. 980; 1950, p. 881; 1952, c. 666; 1954, c. 244.) C ro s s re fe re n c e .— F o r a n o th e r p ro visio n r e la tin g to c o a s tin g m o to r vehicle in n e u tra l, see § 4G-218. A s to a d d itio n a l p en a l t y w h e n v io la tio n o c c u rs w hile tr a n s p o r t in g ex p lo s iv e s o r in flam m ab le g a s o r liquid, se c § 46-197.2. T h e 1952 a m e n d m e n t ch a n g e d su b s e c tio n (3 ) b y in c re a s in g th e m a x im u m speed lim it o f c e rta in m o to r veh ic le s fro m fifty t o fifty -fiv e m ile s p e r h o u r. I t a ls o added th e e x c e p tio n to su b s e c tio n (7) an d in s e r te d s u b s e c tio n s (1 3 ) a n d (14). T h e 1954 a m e n d m e n t in s e rte d “o r re s i d e n tia l” in p a r a g r a p h (b ) of su b se c tio n (2 ) , r e w r o te p a r a g ra p h (c ) th e re o f w hich f o r m e rly a p p lie d to sp e e d in a re s id e n tia l d is tr ic t, a n d m a d e tw o s u b s titu tio n s of p h ra s e o lo g y in p a r a g ra p h (d ) . T h e a m e n d m e n t a ls o in s e rte d in su b se c tio n (3) th e p ro v is io n s as t o a p ick u p o r pan e l tru c k . T h e o b v io u s p u rp o s e of th e p ro v isio n r e q u irin g th e d is p la y o f s ig n s is to notify o r w a r n th e o p e r a to r of a n a u to m o b ile of th e s p e e d re s tr ic tio n in th a t zo n e o r area. M itc h e ll v . W ilk e r s o n , 193 V a. 1 2 1 , 67 S. E . (2 d ) 912. S u b s ta n tia l c o m p lia n c e w ith p ro v isio n s a s t o lo c a tio n o r p la c in g o f s ig n s is suffi c ie n t to m a k e th e re g u la tio n valid an d ef.feqtivc. M itc h e ll v. W ilk e r s o n , 193 V a. 121, 67 S. E . (2 d ) 912. T h e r e is n o p ro v is io n in th is sec tio n th a t th e re q u ir e d s ig n s b e p la c e d a t t h e b e g i n n in g o f th e r e s tr ic te d zo n e o r a t a n y p a r ti c u la r p lac e a lo n g th e s tre e t. M itc h e ll v. W ilk e rs o n , 193 V a . 1 2 1 , 67 S. E . (2 d ) 912. “ S tr e e t” a s in c lu d in g “ s id e w a lk ” . — “ S tr e e t" a s u s e d in s u b s e c tio n (6 ) o f th is se c tio n in c lu d e s a n y p a r t of th e s tr e e t, s u ch as a sid ew a lk . T h u s , th e d riv e r b a c k in g an a u to m o b ile o u t o f p riv a te d riv e w a y is re q u ire d to s to p p r io r t o c r o s s in g th e s id ew a lk . M e s s ic k v . B a rh a m , 194 V a . 382, 73 S. E . (2 d ) 530. S p eed o f s c h o o l b u s .— T h e s p e e d lim its s e t f o r th in th is s e c tio n s h o u ld b e o b se rv e d w h e n c h ild re n a r e b e in g t r a n s p o rte d in s c h o o l b u s e s fr o m o n e c ity to a n o th e r fo r th e p u rp o s e o f a th le tic e v e n ts o r a c a d e m ic c o n te s ts . R e p . A tty . G e n ., 1952-53, p. 211. E v id e n c e h e ld su ffic ie n t t o s h o w c o m p lian ce w ith p a r a g r a p h (2 ) ( d ) . — S ee M itc h ell v. W ilk e r s o n , 193 V a . 121, 67 S. E . (2 d ) 912. E v id e n c e h e ld t o s h o w v io la tio n of p a r a g r a p h (3 ) w ith re s p e c t to s p e e d of fifty (n o w fifty -fiv e) m ile s p e r h o u r. R hoades v M e a d o w s, 189 V a . 558, 54 S . E . (2 d ) 123; I n t e r s ta t e V e n e e r C o. v . E d w a r d s , 1 9 1 V a . 107, 60 S . E . (2 d ) 4. A p p lie d [a s to p a r a g r a p h (2 ) ( b ) ] in R e e s e v. S n e ls o n , 192 V a . 479, 65 S. E . (2 d ) 547. § 4 6 -2 1 2 .1 . Prohibiting conviction for speeding in certain areas unless markers installed.—No person shall W convicted of a violation of § e 46-212 (2) (d) when such person has exceeded the speed limit in an area where the speed limit has been decreased unless such area is clearly indicated by a con spicuous marker at the termini of such area. (1954, c. 653.) § 4 6 -2 2 9 . Following too closely. C ro s s re fe r e n c e .— A s to a d d itio n a l p en a lty w h e n v io la tio n o c c u rs w h ile tr a n s p o r tin g e x p lo s iv e s o r in fla m m a b le g a s o r liq u id , see § 46-197.2. T h i s s e c tio n a n d § 46-234 c r e a te d re c ip ro c a l d u tie s o n th e p a r t o f le a d in g a n d fol lo w in g d riv e rs . M a n d r o v . V ib b e r t, 170 F . (2 d ) 540. W h a t is a “ r e a s o n a b le a n d p r u d e n t ” d ista n ce . I n a c c o rd w ith o rig in a l. S ee E ls w ic k v. C o llin s. 194 V a . 292, 72 S . E . (2 d ) 626. § 4 6 -2 6 0 . Flares and other signals when vehicle disabled in high w ay after dark. T h i s s e c tio n is m a n d a to r y . S a v a g e T r u c k L in e v . T r a y l o r , 193 V a . 579, 69 S . E . (2 d ) 478. A n d its v io la tio n c o n s titu te s n e g lig e n c e per se.—The violation of a statute of this character constitutes negligence per se. If it efficiently contributes to a collision and resultant damage to the wrongdoer, he may n o t re c o v e r. S a v a g e T r u c k L in e v . T r a y lo r, 193 V a . 579, 69 S. E . (2 d ) 478. T h e fa ilu re o f a t r u c k d riv e r f o r te n m in u te s o r m o re t o c o m p ly with the man date of the section is ample proof of neg ligence. Savage Truck Line v. Traylor, 193 V a . 579, 69 S . E . (2 d ) 478. ( 66 ] § 46-267 M ot or V e h ic l e s § 46-272 § 4 6 -2 6 7 . Rear lamps.—Every motor vehicle, trailer or semi-trailer which is being drawn at the end of one or more other vehicles, or motorcycles shall carry at the rear a lamp capable of exhibiting a red light plainly visible under normal atmospheric conditions from a distance of five hundred feet to the rear of such vehicle and such rear lamp shall be constructed and so mounted in its relation to the rear license plate as to illuminate by a white light such license plate so that the same may be read from a distance of fifty feet to the rear of such vehicle; or a separate white light shall be so mounted as to illuminate and make visible such rear license from a distance of fifty feet to the rear of such vehicle, such rear light and/or special white light to be of a type that has been approved by the Super intendent. (1932, p. 660; 1934, p. 403; 1936, p. 216; 1938, p. 552; Michie Code 1942, § 2154(141); 1952, c. 652.) The 1952 amendment in c re a se d th e m ini- to b e v isible fro m th re e h u n d re d to five m u m d is ta n c e a r e a r re d lig h t is re q u ire d h u n d re d fe et to th e re a r of th e v eh icle. § 46 -2 6 9 . Lamps on other vehicles.—All vehicles not heretofore in this article required to be equipped with specified lamps shall carry one or more lamps or lanterns capable of projecting a white light to the front and a red light to the rear visible under normal atmospheric conditions from a distance of not less than five hundred feet to the front and rear of such vehicles. (1932, p. 660; 1934, p. 403; 1936, p. 217; 1938, p. 552; Michie Code 1942, § 2154(141); 1952, c. 652.) T h e 1952 a m e n d m e n t in cre ase d th e re q u ire d m in im u m d is ta n c e of visibility from t h r e e h u n d r e d to five h u n d re d feet. § 46 -2 7 1 . Dimension or marker lights.—All motor vehicles exceeding seven feet in height or in width or the widest portion of which extends four inches beyond the front fender extremes shall be equipped with lamps mounted at the extreme right and left hand front top corners of such vehicle, each of which lamps shall be capable of projecting an amber light visible under normal atmos pheric conditions for a distance of at least five hundred feet to the front of such vehicle, and shall be equipped with lamps mounted at the extreme right and left hand rear top corners of such vehicle, each of which lights shall be capable of projecting a red light visible under normal atmospheric conditions for a distance of at least five hundred feet to the rear of such vehicle. If the front or the rear of such vehicle shall not be the widest portion of such vehicle the dimension or marker lights required in this section shall be mounted on the widest portions of the vehicle with the amber lights herein required visible from the front as herein required and the red lights herein required visible from the rear as herein re quired. The lamps herein required shall be of a type that has been approved by the Superintendent. (1932, p. 661; 1934, p. 403; 1936, p. 217; 1938, p. 552; Michie Code 1942, § 2154(141); 1952, c. 652.) T h e 1952 a m e n d m e n t in cre ase d th e re q u ire d m in im u m d is ta n c e o ! visib ility fro m t h r e e h u n d re d to five h u n d re d feet. § 46-272. Spotlights and ditch lights.—Any motor vehicle or motor cycle may be equipped with not to exceed two spotlights or two ditch lights which when lighted shall be aimed and used so that no portion of the beam will be directed to the left of the center of the highway at any time or more than one hundred feet ahead of the vehicle and shall be of a type that has been ap proved by the Superintendent. No such spotlights shall be used in conjunction with or as a substitute for required headlights, except in case of emergenev. (1932. p. 661; 1934, p. 404; 1936, p. 217; 1938, p. 553; Michie Code ISH2, § 2154(141) ; 1954, c. 58.) T h e 1954 a m e n d m e n t s u b s titu te d in lin e tw o th e w o r d s “ tw o s p o tlig h ts o r tw o d itc h lig h ts ” fo r “ o n e s p o tlig h t o r d itc h lig h t” . [671 �§ 46-273 V ir g in ia Sc h o o l L a w s S u ppl e m e n t § 55-26 $ 58-12 § 4 6 -2 7 3 . Other permissible lights.—Any motor vehicle may be equipped with not to exceed two fog lamps, one passing lamp, one driving lamp, two side lamps of not more than six candle power ; interior light of not more than fifteen candle power; vacant or destination signs on vehicles operated as public carriers, and signal lamps. No motor vehicle shall be operated upon a highway in this State equipped with lamps other than those permitted under this section unless such lamps shall be of a type approved by the Superintendent. (1932, p. 661; 1934, p. 404; 1936, p. 218; 1938, p. 553; Michie Code 1942, § 2154(141) ; 1954, c. 310.) T h e 1854 a m e n d m e n t e x te n d e d th is sec tio n t o in c lu d e “ tw o fo g lam p s, o n e p a s s in g lam p , o n e d riv in g la m p ”. § 4 6-295. Signs on windshields, etc.—It shall be unlawful for any per son to operate any motor vehicle, trailer or semitrailer upon a highway with any sign, poster or other nontransparent material upon the front windshield, sideshields or rear windows of such motor vehicle other than a certificate or other paper required to be placed by law or which may be permitted by the Superin tendent. (1932, p. 664; 1934, p. 239; 1942, p. 675 ; Michie Code 1942, § 2154(15°).) C o d e C o m m is s io n c o rre c tio n . — T h e c o m m a a f te r th e w o rd s “m o to r veh ic le” in th e s e c o n d lin e w a s in a d v e rte n tly o m itte d fro m th e s e c tio n a s it a p p e a r s in th e o rig in a l v o lu m e , a n d is n o w in s e rte d , § 4 6 -3 0 2 . When signal device required.—Any motor vehicle which is so constructed or carries a load in such a manner as to prevent a hand and arm signal required in § 46-234 from being visible, both to the front and rear of such vehicle, or any vehicle the driver of which is incapable of giving the re quired hand and arm signals, shall be equipped with a mechanical or electrical signal device which meets the requirements of this title and is of a type that has been approved by the Superintendent. It shall be unlawful for any person to operate on any highway a motor vehicle registered in this State and manufactured or assembled after January first, ninecefen hundred and fifty-five, unless such vehicle be equipped with such a me chanical or electrical signal device on both front and rear. Any such mechanical or electrical signal device may be used in lieu of the hand and arm signal required by § 46-234. (1932, p. 665; 1934, p. 407; 1942, p. 676; Michie Code 1942, § 2154(153); 1954, c. 44.) T h e 1954 a m e n d m e n t a d d e d th e s ec o n d a n d th ird p a r a g ra p h s . Title 51. Pensions and Retirement. E d i t o r ’s n o te .— F o r th e 1952 a n d 1954 A c ts o f A s s e m b ly a ffe c tin g T itle 51, see th e 1954 C u m u la tiv e S u p p le m e n t C ode o f V irg in ia , 1950. to th e Title 55. Property and Conveyances. § 55-26. Validity.—Every gift, grant, devise or bequest which, since April second, eighteen hundred and thirty-nine, has been or at any time hereafter shall be made for literary purposes or for the education of white persons, and every gift, grant, devise or bequest which, since April tenth, eighteen hundred and [681 T a x a t io n § 58-12 sixty-five, has been or at any time hereafter shall be made for literary purposes or for the education of colored persons, and every gift, grant, devise or bequest made hereafter for charitable purposes, whether made in any case to a body cor porate or unincorporated, or to a natural person, shall be as valid as if made to or for the benefit of a certain natural person, except such devises or bequests, if any, as have failed or become void by virtue of the seventh section of the act of the General Assembly passed on April second, eighteen hundred and thirty-nine, entitled “an act concerning devises made to schools, academies, and colleges.” Nothing in this section shall be so construed as to give validity to any devise or bequest to or for the use of any unincorporated theological seminarv. (Code 1919, § 5S7; 1954, c. 145.) T h e 1954 a m e n d m e n t d e le te d th e w o rd s “ w ith in th is s ta te ” fo rm e rly ap p e arin g a f te r t h e w o r d “ p e r s o n s ” in lines th re e a n d six. G ift t o c o r p o r a te th e o lo g ic a l sem in ary .— S e c tio n 13-224 a n d th is sec tio n a rc clearly in d ic a tiv e o f a le g is la tiv e in te n t to p erm it a c o r p o r a te th e o lo g ic a l se m in a ry to receive b y d e v is e o r b e q u e s t an e d u c atio n al o r c h a rita b le b e n e fic e n c e . W illia m s v. P r o t e s t a n t E p is c o p a l T h e o lo g ic a l S em in ary , 198 F . (2 d ) 595. R efe ren c e in th is sec tio n to th e 1839 a c t p re clu d es v a lid atio n of a b eq u e st w h ich h ad becom e void u n d e r th e e a rlie r s ta tu te , b u t does n o t o p e ra te to co n tin u e th e 1839 p ro v isio n in effect so a s to s trik e d o w n a b e q u e s t m a d e a f te r its te rm s h a d bee n c h a n g ed so a s to m ak e c le a r th a t s u c h a b eq u e st to a c o rp o ra te th e o lo g ic a l sem i n ary is valid. W illiam s v. P r o t e s t a n t E p is copal T h eo lo g ica l S em in ary , 198 F . (2 d ) 595. Title 58. Taxation. § 58-12. What property, real and personal, exempt from taxation, State and local. (4) Property owned by public libraries, law libraries of local bar associations when the same are used or available for use by a State court or courts or the judge or judges thereof, medical libraries of local medical associations when the same are used or available for use by State health officials, incorporated colleges or other incorporated institutions of learning, including incorporated alumni as sociations thereof beneficially owned by or organized and operated exclusively for the benefit of such incorporated institutions of learning, not conducted for profit, together with the endowment funds thereof not invested in real estate. But this provision shall apply only to property primarily used for literary, scien tific or educational purposes or purposes incidental thereto. It shall not apply to industrial schools which sell their product to other than their own employees or students. (5) Real estate belonging to and actually and exclusively occupied and used by, and personal property, including endowment funds, belonging to, Young Men’s Christian Associations and other similar religious associations, orphan or other asylums, reformatories, hospitals and nuneries, conducted not for profit but exclusively as charities, (which shall be deemed to include hospitals operated by nonstock corporations not organized or conducted for pecuniary profit but which may charge persons able to pay in whole or in part for their care and treatment), and parks or playgrounds held by trustees for the perpetual use of the general public. (7) Property of the Association for the Preservation of Virginia Antiquities, the Association for the Preservation of Petersburg Antiquities, the Confederate Memorial Literary Society, the Mount Vernon Ladies’ Association of the Union, the Virginia Historical Society, the Thomas Jefferson Memorial Foundation, Incorporated, the Patrick Henry Memorial Foundation, Incorporated, the posts of the American Legion, posts of United Spanish War Veterans, posts of Veterans [6 9 | �§ 58-715 V ir g in ia Sc h o o l L a w s Su ppl e m e n t § 5S-839 of Foreign Wars, posts of the Disabled American Veterans, the Society of the Cincinnati in the State of Virginia, the Manassas Battlefield Confederate Park, Incorporated, the Robert E. Lee Memorial Foundation, Incorporated, Belle Bryan Day Nursery, Incorporated, the Virginia Division United Daughters of the Confederacy, the Virginia Association of Workers for the Blind, Incorpo rated, the General Organization of the United Daughters of the Confederacy, and any corporation organized to establish and maintain a museum or museums, with or without a library or libraries, provided such corporation be not operated for profit. (1952, c. 50; 1954, c. 65.) T h e 1952 a m e n d m e n t in s e rte d “ m ed ica l lib ra r ie s o f lo c a l m e d ic a l a s s o c ia tio n s ” in p a r a g r a p h (4 ) a n d “ th e G e n e ra l O r g a n iz a tio n of th e U n ite d D a u g h te r s of th e C o n fe d e ra c y ” in p a r a g r a p h (7 ). T h e 1954 a m e n d m e n t in s e rte d th e p ro v is io n a s t o a lu m n i a s s o c ia tio n s in p a r a - g ra p h (4 ) a n d th e p a r e n th e tic a l c la u s e in p a r a g ra p h (5 ). O n ly p a r t o f s e c tio n s e t o u t— A s on ly p a r a g ra p h s (4 ) , (5 ) a n d (7 ) w e re a ffe c te d b y th e a m e n d m e n ts th e r e s t o f t h e s e c tio n is n o t s e t out. § 5 8-715. Refund of tax on motor fuel.—Any person who shall buy, in quantities of five gallons or more at any one time, any motor fuel for the purpose of operating or propelling boats, ships, stationary gas engines, tractors used for agricultural purposes, buses owned and operated by a county or the school board thereof while being used to transport children to and from public schools, equip ment of voluntary fire fighting companies within the State actually and neces sarily used for fire fighting purposes, equipment of volunteer rescue squads with in the State actually and necessarily used for rescue purposes, or motor equip ment belonging to cities, towns and counties used exclusively in public activities and shall actually use the same for such purpose or who shall purchase and use any of such fuel for spraying purposes or for cleaning, dyeing or other commer cial use, except in motor vehicles operated, or intended to be operated in whole or in part upon any of the public highways, streets or alleys of this State, on which motor fuel the tax or taxes imposed by this chapter shall have been paid, shall be reimbursed and repaid the amount of such tax or taxes paid by such person. Any resident of this State who operates a farm on any island outside the State but within one mile of its boundaries shall be reimbursed and repaid the amount of such tax or taxes paid by such person on motor fuel used for farming purposes on such island. And a refund of two cents per gallon on all motor fuel pur chased within the State and consumed in aeroplanes or aircraft in flights over and within the boundaries of this State shall be made and a refund of the full tax paid shall be made on all motor fuel purchased in this State and consumed in aeroplanes or aircraft in flights outside the boundaries of the State, the quanti ties consumed within and without the State to be determined by the flight logs of each trip and the average consumption of motor fuel per hour per month by each aeroplane or aircraft. On any island in this State on which no motor ve hicle is operated upon any public highways, streets or alleys, the refund provided for by this section may be made to the merchant selling such motor fuel to the consumer. (1932, p. 394; 1934. p. 58; 1936, p. 603: 1942, p. 260; Michie Code 1942, § 2154(215); 1944, p. 179; 1946, p. 603; 1954, c. 17.) T h e 1954 a m e n d m e n t in s e rte d in th e firs t s e n te n c e t h e p ro v is io n as t o e q u ip - m e n t of v o lu n te e r re s c u e s q u a d s . in s e rte d th e s e c o n d s e n te n c e . I t a ls o § 5 8 -8 3 9 . When boards of supervisors to fix and order county and district levies.—The board of supervisors or other governing body of each county shall, at their regular meeting in the month of January in each year, or as soon thereafter as practicable not later than a regular or called meeting in May, fix the amount of the county and district levies for the current year, shall order the levy on all property within the county segregated by law for local taxation, and shall order the levy on the real estate and tangible personal property of [7 0 ] § 63-162 W el fa r e § 63-165 public service corporations based upon the assessment fixed by the State Cor poration Commission, and certified by it to the board of supervisors or other governing body, both with respect to location and valuation. any such govern ing body may provide that if any taxpayer owns tangible personal property of such small value that the local levies thereon for the year result in a tax of less than one dollar, such property may be omitted from the personal property book and no assessment made thereon; provided, that the board of supervisors or other governing body of any county adjoining a city having a population of more than thirty thousand and not more than forty thousand, except a county having a density of population of more than five hundred per square mile and except any county adjoining any county having a density of population of more than five hundred per square mile or a population of less than four thousand or a popu lation of not less than sixteen thousand three hundred and not more than sixteen ' thousand six hundred, may fix the amount of and order such levies not later than their regular meeting in the month of June. (Code 1919, § 2720; 1928, p. 184; 1934, p. 542; 1940, p. 184; Tax Code, § 288; 1950, p. 316; 1952, c. 423.) T h e 1952 a m e n d m e n t s u b s titu te d in line t h r e e th e w o r d s “ a r e g u la r o r c a lle d m ee t- in g in M ay ” fo r th e w o rd s " th e ir m e e tin g in A p ril”. Title 63. Welfare. T h e Virginia Commission for the Visually Handicapped. § 6 3 -1 6 2 . Appointment, terms and qualifications of members; quo rum. — The Virginia Commission for the Blind shall, after July one, nineteen hundred and fifty-four, be known as the Virginia Commission for the Visually Handicapped, and shall consist of seven members who shall be appointed by the Governor for terms of seven years each, one term beginning each year. Va cancies occurring on the Commission shall be filled by the Governor for the unex pired term. All appointments hereunder shall be made without reference to party affiliations, but solely on account of the fitness of the appointees to discharge their duties as members of the Commission. The membership of the Commission, however, shall at all times include at least two alumni of the Virginia School for the Blind, or of the department for the blind of the Virginia School for the Deaf and the Blind, at Staunton. Four members of the Commission shall constitute a quorum for the transaction of any lawful business. Wherever in the laws of this State reference is made to the Virginia Commis sion for the Blind, such reference shall be deemed to be to the Virginia Commis sion for the Visually Handicapped. (1922, p. 603; 1926, p. 860; Michie Code 1942, § 978a; R. P. 1948, § 63-162; 1954, c. 71.) T h e 1954 a m e n d m e n t in s e rte d th e p ro v is io n fo r c h a n g e o f n a m e of com m ission a n d a d d e d th e s e c o n d p a ra g ra p h . § 6 3-165. Register of the blind; reports required of physicians and others.—The Commission shall prepare and maintain a complete register of the blind in the State, which shall describe the condition, cause of blindness, capacity for education and industrial training of each, and such other facts as the Com mission deems of value. Each physician, optometrist or other person who upon examination of the eyes of any person determines that such person is a blind person as defined in § 63-204.1, shall immediately report the name and address of such person to the Commission. (1922, p. 603; Michie Code 1942, § 978a; R. P. 1948, § 63-165; 1954. c. 100.) T h e 1954 a m e n d m e n t a d d e d th e second s e n te n c e . [71 1 �Regulations of State Board of Education SCHOOL BOARD 13 The time for opening and closing school shall be prescribed by the school hoard upon recommendation of the division superintendent, provided that no school shall schedule less than five nor more than six and one-half hours each school dav for all pupils, exclusive of the mid-day intermission, but including the necessary time for appropriate opening exercises, and provided, further, that, in the discretion of the local school authorities, with the approval of the State Superintendent, the length of the school day may be modified for justifiable reasons. (Minutes, Vol. 25, p. 5, Jan. 21, 9 . Provision for children to attend schools in other counties, cities and to w n s Tt, In n . hoard of a county, a city, or a town constituted and operated as a separate school district, may admit children of legal school age from aumh^r county chy or district to the public schools thereof in accordance with the following: i eu 'ii vi th* lepal school age residing in one county or city may 1. Children within t fbanother C U or city either on the prepayment of O nty attend the public schoo exceeding the total per capita cost of education, exan annual tuition charge - ^ service> for high school or elementary pupils elusive of capital outlay admitted, or upon the terms and conditions of any of the county or city to w 1 tjie' scj10ol boards concerned, but not in exmutual agreement reached betw cess of the tuition rate defined aJO\ . rI er districts of the county or from another county 2. Children residing in , a town constituted and operated as a separate may attend the public sc 10 men{ Q an annual tuition charge not exceedf school district either on u i V K exclusive of capital outlay and debt service, ing the per capita cost ot a[tended, or upon the terms and conditions of of the high or elementary s between the school-boards concerned, but not any mutual agreement rea above. (Minutes, Vol. 23, p. 109, November in excess of the tuition iate J, 1952.) t eac her s CONTINUING CONTRACTS WITH TEACHERS y wjth the consent and approval ol the State Board 1. Local school boards teachers providing for continued employment, of Education, make contra s written notice of intention to terminate said The contracts shall Provl, ejther party prior to April 15th of each year. Failure employment shall be given y jce automatically obligates them to continue the of either party to give ® eet|;ng year. contract for the next s operating under this regulation shall furnish each 2. Local school boar ^ confirming the continuation of employment as soon teacher a written statem budget has been approved by the appropriating after April 15th as the sen body. j shall be construed to authorize the school board 3. Nothing in these regulations s--------to contract for any financial obligation beyond the period fn been made available with which to meet such obligation f 'vhlci> funds have , >, been made aw “ " — effective for the session 1952-19« (Minutes, Vol. 23, p These regulations are 41, April 24, 1952.) [73 | �V ir g in ia Sc h o o l Laws Su ppl e m e n t VISITING TEACHERS—QUALIFICATIONS FOR POSITION The following qualifications will become effective for all new visiting teachers beginning with the school session 1954-55. They shall not be retroactive to those visiting teachers who are fully approved under regulations existing prior to that date. Visiting teachers serving on temporary approval and those entering visit ing teacher work before the session 1954-55 may qualify for full approval under these qualifications or those existing prior to that date. Per so na l C h a r a c t e r is t ic s R e g u l a t io n s o f S t a t e B o a r d o f E d u c a t io n C ER TIFIC A TIO N OF T E A C H E R S Editor’s note.—Attention is called to the fact that the bulletin referred to on page 247 of the 1950 Edition has been amended from time to time. The amendments are on file in the offices of the De partment of Education. A C C R E D IT IN G SE C O N D A R Y SCHOOLS Editor’s note.—A ttention is called to the fact th at the bulletin referred to on page 247 of the 1950 Edition has been amended from time to time. The amendments are on file in the offices of the De partment of Education. The candidate must be in good health and must possess personal qualities needed in order to command respect and exercise leadership. TEX TBO O K S T r a in in g REGULATIONS GOVERNING THE MANAGEMENT AND HANDLING OF 1. The candidate shall hold the Collegiate Professional Certificate; 2. The candidate shall have had on the graduate level a minimum of twelve semester hours in at least three of the following areas: a. Psychiatric Principles—This should include consideration of the principles of mental hygiene and the motivation of human behavior; b. Community Organizations—This should deal with a knowledge of and ability to work with community agencies in promoting the adjustment of children; c. Child Welfare in Virginia—This should give a thorough knowledge and un derstanding of the social and legal provisions for children in Virginia; d. Guidance—This should deal with the techniques of counseling, interview ing, and case work. It should also help in the use of clinical services including the interpretation of reports and tests; e. Family Life—This should help in an understanding of the social, economic and cultural changes in American family life and the role of the family in the development of personality; f. Medical Information—This should consider the field of medicine as related to sociql adaptation, especially with relation to children’s diseases and the more usual forms of adult illnesses. E x p e r ie n c e The candidate shall have had at least three years of successful teaching ex perience or two years of successful teaching experience and one year of success ful experience in social work. (Minutes, Vol. 22, pp. 43-44, May 24, 1951.) EMPLOYMENT OF SUBSTITUTE TEACHERS No person shall be regularly employed by a school board, or paid from pub lic funds, as a teacher in the public schools unless such person holds a certificate in full force in accordance with the rules of certification laid down by the State Board of Education, provided, that a person not holding such certificate and deemed to be qualified by the superintendent of schools may be employed temporarily, and paid from public funds, as a substitute teacher to meet an emergency, and provided further, that such person continuously employed as a substitute teacher in excess of thirty school days or employed in excess of a total of sixty school days in any one school year shall hold a certificate as above required. (Minutes, Vol. 25, p. —, Sept. 23, 1954.) Cross reference.—For provision of Code as to employment of substitute teachers, see § 22-204. r 74 j 1. A separate fund shall be established by the school board and the chief fiscal officer of the county or city (of which the school board is a part), to which shall be credited all proceeds received from the sale of textbooks in the local school system. This special fund shall be designated— County (or City) of ............................................ School Textbook Fund The chief fiscal officer is requested to establish a special bank account titled as follows: County (or City) o f ............................................ School Textbook Fund B y ................................................................................. (Treasurer/Director of Finance/City Collector or such title as he may have) 2. The school board shall designate the Clerk of the School Board to handle the sale of textbooks who shall be bonded as provided by law. Such additional personnel as may be employed to assist the Clerk in . handling textbook funds shall be covered by a fidelity and faithful performance bond, a copy of which shall be filed in the School Board office. The local school boards in the counties shall require the Clerk to deposit intact, with the county treasurer or the director of finance or in any bank designated by the chief fiscal officer, all monies received from the sale of textbooks; and the county treasurer or the director of finance in turn will deposit these sums to the credit of the special bank account aforementioned. When ordering payments to be made to publishers, or the payment of any item of expense which is appropriate from the proceeds of the sale of textbooks, the county or city school board shall issue its warrant made payable to the publisher, agency, or individual to whom the payment is being made and this warrant shall be signed by the chairman of the school board and countersigned by the clerk of that board. For those counties where the warrant-check is in use, provision should be made for the signing of the aforementioned warrant bv the county treasurer or the director of finance so that it may be converted into a check as is now provided by law. For those counties which still use the old form warrant, the warrant shall be drawn payable to the publisher, agency, or individual and be signed by the chairman and countersigned by the clerk and handled in the same man ner as are other warrants drawn by the school board. In each instance, how ever, the warrant-check or the old form warrant shall indicate that it is payable from the School Textbook Fund as set forth above. All expenditures shall be approved and a warrant in payment thereof authorized [7 5 ] �V ir g in ia Sc h o o l La w s Su ppl f m e n t by the school board in accordance with the procedure now in effect with respect to the expenditure of regular school funds. The procedure to be followed with respect to the disbursement of funds credited to the School Textbook Fund in cities will conform to the procedures now in effect in the city with respect to the regular disbursements of school funds—the only distinction being that the school board and the chief fiscal officer shall maintain a separate fund and separate bank account for the receipts and disbursements incident to the handling of text books. 3. The school board shall require the clerk of the board to maintain a record of receipts and disbursements of the Textbook Fund and monthly to reconcile the balance in this fund with the chief fiscal officer of the county or city. It shall re quire also the maintenance of a ledger account with each publisher to which will be credited the value of books received from the publisher for sale and to which will l>e charged all payments made to the publisher on account and all transac tions for exchanged and returned books. This account shall be reconciled with the reports of unsold books on hand, which reports are required to be filed with the publishers as hereinafter provided. The invoices received from the publishers for books shipped to the school board shall be filed in separate folders by names of publishers. Each shipment of books received shall be verified by actual count of books received in the ship ment and the date and quantity of books received should be written on the in voice opposite each title and signed by the person making the count. 4. In counties and cities where free-textbook or rental systems are in operation in part of the school system and textbooks are sold to pupils in the other part of the school system, all textbooks purchased from the publishers should be handled through the Textbook Fund; and books which are used for that portion of the school system for which a rental system or free textbooks are furnished should be purchased from the Textbook Fund and be paid for with a warrant drawn on the regular school operating fund, or the school textbook rental fund, if such a fund is maintained. 5. If the school board makes an appropriation for the operation of the School Textbook Fund, a warrant should be drawn on the regular school operating fund and deposited to the credit of the School Textbook Fund. If the school board authorizes the use of surplus funds in the School Textbook Account for general county school operation, a warrant should be drawn on the textbook fund and credited to the regular school operating fund. 6. Copies of reports to publishers listing all new unsold textbooks on hand and showing balances due for all books sold as of October 15th, January 15th, March 31st, and June 30th shall be kept by the school board. The school board will forward the original of each periodic report, together with remittance in pay ment, directly to the publishers on the dates designated. Each report to a pub lisher certifying unsold textbooks on hand as of the date of the report shall be certified by the person responsible for the handling of the textbooks and the su perintendent, or other person designated by the superintendent who shall verify the accuracy of the report through actual count of the books on hand. Unsold textbooks on hand as of June 30th of each year shall be listed on the Virginia Textbook Requisition (elementary and high) for the current year, certified and forwarded to the State Board of Education. (Minutes, Vol. 25, p. 50, June 17, 1954.) 7. Books received from the publishers for resale shall be physically segregated and maintained under a separate inventory control from books which are owned outright by the school board and used either in a rental or a free-textbook system. 8. Where the school board finds it a matter of necessity to place books in a specific school for resale to pupils, the principal of that school (or other person approved by the school board) shall be required to sign a receipt, itemized by titles and retail sales price of books, for all books placed in his custody; and he [761 R e g u l a t io n s o f St a t e Boa r d o f Ed u c a t io n shall be held responsible for the total value of books received and be required to account to the school board not less than quarterly in money and value of books returned equal to the total value of books receipted for by him. 9. An audit shall be made of the School Textbook Fund on order of the school board for each school year and the school board shall furnish the State Board of Education a copy of the audit report. The records required by these regulations shall be preserved in the same manner as other public records are preserved. 10. The entire stock of textbooks shall be adequately covered with fire insur ance loss, payable in favor of the school board. A copy of the policy shall be filed with the school board and satisfactory proof of coverage submitted to the State Board. 11. Textbooks shall be sold at retail for cash only. (Minutes, Vol. 22, pp. 29-32, April 26, 1951.) 12. The School Board may provide, by resolution, for the issuance of warrants drawn on the Textbook Fund in payment of amounts due publishers and for freight, and/or drayage falling due between meetings of the Board. All such warrants so authorized shall be signed by the Chairman of the School Board and countersigned by the Clerk of that Board, and presented to the School Board for approval at the next meeting of the Board held subsequent to the issuance of such warrants. 13. The provisions of these Regulations shall be applicable to special town school districts operating under the provisions of Section 22-43 of the Code (1950), or by special Act of the General Assembly, in like manner as to the counties and cities of the Commonwealth. (Minutes, Vol. 22, p. 53, June 28, 1951.) ADMINISTRATIVE POLICY ON TEXTBOOK ADOPTION Whenever a school board desires to offer courses for which there are no Stateadopted textbooks, the said school board, through its division superintendent, shall secure the approval of the State Superintendent of Public Instruction to offer such courses. When the State Superintendent of Public Instruction shall have approved the offering of such courses, he shall submit to the local school board a list of textbooks approved by the State Board of Education from which the local board shall make a local adoption for a period of six years, unless such an adoption is revoked by the State Board of Education. The local school board shall immediately submit to the Superintendent of Public Instruction a list of the textbooks adopted. (Minutes, Vol. 24, p. 34, April 23, 1953.) SEX EDUCATION No films, film strips, or slides on sex education shall be shown to the students in any public school in Virginia unless such films, film strips, or slides have been first approved by the State Board of Education for this purpose; and no book or pamphlet on sex education shall be made available for circulation through the school libraries for the students of any public school unless such book or pamphlet has been similarly approved by the State Board of Education. (Minutes, Vol. 25, p. —, Aug. 2, 1954.) PUPIL TRANSPORTATION SCHOOL BUS OPERATOR (Revised) No person shall be employed as an operator of a school bus who is sixty-five years of age or over on July 1, 1952 unless such person annually passes a physical examination by a physician and a re-examination by the Division of Motor [7 7 ] �V ir g in ia Sc h o o l La w s Vehicles as required for school bus operators. 22, 1952.) Su ppl e m e n t (Minutes, Vol. 23, p. 52, May STANDARDS FOR SCHOOL BUS BODIES H eaters.—All school buses shall be equipped with a heater and power de froster to be approved by the State Supervisor of Pupil Transportation. The heater shall maintain an average temperature of 50° Fahrenheit inside the bus body when loaded one-half capacity with an outside temperature of 20° Fahrenheit, with engine water temperature of 160° Fahrenheit. The heater must deliver 360 or more cubic feet of air per minute, and have capable distribution to main tain the above 50° Fahrenheit average temperature. All new school buses or bodies manufactured and sold in this State for the purpose of transporting school children shall be equipped with a fresh air type hot water heater as above speci fied, with built-in dual power defroster. The heater shall have a power defroster that will deliver 75 or more cubic feet of air per minute, attached to a built-in windshield defroster duct capable of distributing a sufficient amount of heated air to de-fog and de-ice both right and left windshields. The heater wiring shall be connected to the cold side of the ignition switch. 3. Tail and Stop Lights: Each bus shall be equipped with two combination tail and stop lights emitting a red light plainly visible from a distance of 500 feet to the rear and mounted not less than 6 inches or more than 20 inches from rear edge of body and not less than 30 inches or more than 45 inches from surface on which the vehicle stands. Provision shall be made in the directional signal light switch for connecting the pilot light to indicate when the stop light is lighted. The stop light shall not flash. 5. Directional Signals: Each bus shall be equipped with four individual di rectional signals; one mounted on the left and one on the right rear of the bus body and one on each front fender. They shall be Class A, Type I, flashing signal lights according to S. A. E. specifications. Amber lens shall be used on front and reaV. The directional signal light switch shall provide a connection for the stop light so that the pilot light will indicate when the stop light is lighted. The stop light shall not flash. (The lights must be of a type approved by the Vir ginia Department of State Police and by the State Department of Education.) (Minutes, Vol. 24, p. 74, Oct. 28, 1953.) 7. Flags and Flares: a. Each school bus shall carry at all times three red flags and means for mounting for use in warning traffic in the event of prolonged stops on the high way. b. Each bus shall be equipped with at least three reflector type flares to be displayed according to law of the State in event of prolonged stop. c. All flags and flares shall be of a type approved by the Virginia State Police. 8. Virginia School Bus Traffic Lights: They shall consist of two headlights containing 40-30 C. P., 6-8 Volt sealed units with red glass lens ( Arrow No. 27011 or its equivalent to be approved by the State Supervisor of Pupil Trans portation), a motor driven flasher, pilot lamp and relay, control switch, and fuse in-line to be connected with 12 Ga. wire (Arrow Kit No. N870 or its equivalent to be approved by the State Supervisor of Pupil Transportation). The entire circuit shall be connected to the cold side of the ignition switch with the control switch mounted so that it is operated by the door control handle. The front light shall be mounted upon a bracket on the left Side just under the windshield. The rear light shall be mounted on the left side of the body with its center 5" below the left rear glass and 12" to the left of the edge of the emergency door. It shall be recessed so that only the rim of the light will project from the body panel. If the bus has a side emergency door, the light shall be mounted in ap proximately this same position. [78] R e g u l a t io n s oe St a t e Bo a r d o f Ed u c a t io n The pilot light shall be mounted on the instrument panel in or near the center so that it will be in plain view of the driver. Reserve Vacuum Tank.—A reserve vacuum tank of at least 1000 cu. in. capacity shall be provided for windshield wiper operation on all chassis whether equipped with booster brakes or not. If the bus is equipped with a booster brake the vacuum tank may serve both purposes. (Minutes, Vol. 23, pp. 52-54, May 22, 1952.) PUPIL TRANSPORTATION FUNDS (Changes Indicated by Use of Caps.) The Pupil Transportation Funds for the counties and cities of the State will be distributed on the following basis beginning with the biennium 1952-54: 1. Forty per cent of the fund is to be distributed on the basis of an equal amount for each mile traveled in transporting pupils to and from the public schools IN SCHOOL BUSES MEETING THE STANDARDS AND SPECI FICATIONS OF THE STATE BOARD OF EDUCATION. (a) Average daily mileage is to be computed for each bus only from the point where the first pupil is picked up in the morning to the point where the last pupil is discharged in the afternoon, excluding all special trips or excursions. If the length of a bus route is changed during the year, the average of the daily mileage shall be used. 2. Forty per cent of the fund is to be distributed on the basis of an equal amount for each pupil transported in average daily attendance (average number transported daily) IN SCHOOL BUSES MEETING THE STANDARDS AND SPECIFICATIONS OF THE STATE BOARD OF EDUCATION. 3. Twenty per cent of the fund is to be distributed on the basis of an equal amount for each school bus in daily use during the current year which meets the standards and specifications of the State Board of Education and which is operated IN THE TRANSPORTATION OF PUPILS a minimum of twenty miles per school day. In determining buses eligible for allotments, these requirements must be met: (a) No reimbursement shall be made for the MILES TRAVELED, THE PUPILS TRANSPORTED OR any vehicle OPERATED AS A SCHOOL BUS UNLESS the body and chassis are made by a recognized manufacturer, designed exclusively for the transportation of pupils AND MEET THE STANDARDS AND SPECIFICATIONS OF THE STATE BOARD OF EDUCATION. Exceptions may be made for properly designed small vehicles in accordance with regulations of the State Board of Education. (b) No reimbursement shall be made for any bus which does not pass the regular inspections required by law’ and by regulations of the State Board of Edu cation and w'hich is not equipped with the standard safety equipment required by law and/or regulations of the State Board of Education, such as, warning devices, approved type of heater and defroster, first-aid kit, fire extinguisher, flags and flares, inside and outside rear view mirrors. 4. As provided in the Appropriation Act, no county or city shall receive an allotment in excess of the amount actually expended for transportation of pupils to and from the public schools exclusive of capital outlay. (a) In making the distribution, calculations will be based on the net expenditure for the preceding school year except in the case of the number of buses for which current figures will be used. In arriving at the net expenditures, gas tax refunds shall be deducted. (b) Actual net operating expenditures will not include replacement of buses. 5. Reimbursement shall be calculated on the basis of transporting pupils for not more than 180 days. [791 �V ir g in ia Sc h o o l Laws R e g u l a t io n s o e Su ppl e m e n t 6. Before any reimbursement for the transportation of pupils to and from public schools is made to county or city a report must be submitted by the Di vision Superintendent of such county or city to the State Superintendent of Pub lic Instruction certifying the correct net operating cost of transporting pupils (actual expenditure less gas tax refunds), the average number of pupils trans ported daily, and the average daily mileage of each bus meeting the standards and specifications of the State Board of Education in transporting pupils for the pre ceding school year. Such report shall also include a statement covering the type of bus, lettered identifications, color, make and year model of body and chassis, and an inventory of all safety equipment for each bus, and that said bus meets the inspection requirements. (Minutes, Vol. 23, pp. 14-16, Feb. 21, 1952.) 14. Rescinded by State Board of Education Aug. 11-12, 1952. M IN IM U M R E Q U IR E M E N T S A N D S T A N D A R D S F O R SCH OOL B U IL D IN G S (f) It is the responsibility of local school boards to see that all school building construction work be adequately supervised. Local school boards shall certify to the State Board of Education through a proper resolution presented in writing that adequate supervision of the construction will be provided. ( Minutes, Vol. 22, p. 46, May 24, 1951.) STANDARD SCHOOL BUILDING PLANS—U SE AND COST OF The Research Committee on School Buildings recommends that the charge to school boards for the use of Standard Plans and Specifications should be based upon one per cent (1 %) of the cost of constructing the building and that a maximum of fifteen (15) sets of plans will be furnished. If more than fifteen (15) are desired, extra copies will be furnished at the actual cost of printing. “In case plans are obtained for estimating building costs oi for bidding pur poses and the building is not constructed, then the local school board shall only be charged for the actual cost of printing the plans. “If a local school board uses a set of plans for construction of one building and then desires to duplicate this same building, it may do so by paying the State Board of Education three-fourths ($4) of one per cent (1% ) of the cost of con structing the duplicate building, including fifteen (15) sets of plans.” With reference to the charges to local school boards recommended in the above paragraphs for Standard Plans which includes Specifications, the following guid ing principles were adopted: 1. The charges recommended are for plans only and do not include charges and modifications that may be necessary for any particular location or site, and does not include cost of supervision. 2. Modifications and changes in foundation plans ox otherwise by an architect to fit a particular site, and supervision of construction by an architect is estimated to cost 2}/2% - 3 % based on construction cost. 3. This would make the total cost of such Standard Plans from 3 Yi°/o to 4%, based on construction cost, to local school boards using same, if an architect is employed to make modifications in plans and supervise construction. 4. That unless such Standard Plans can be furnished to local school boards and used at a cost less than such plans can be produced and furnished by private architects, then, same will not be used. 5. That in cases where local school boards secure plans for a seven-ten room building, and build only seven rooms at present and later complete the ten-room plan, the board would pay the charge of 1% or 24 % depending upon whether > original or duplicate building, at time each part of building was done. (Minutes, Vol. 23, pp. 54-55. May 22, i952.) (See also School Planning Manual, Vol. 37, Nov. 1954, No. 7.) 1801 St a t e Bo a r d o f E d u c a t io n J O I N T S C H O O L S F O R C O U N T I E S A N D C IT I E S 6. The provisions and conditions of this regulation, with reference to the management and control of schools jointly owned by the school boards of two or more counties or by the school boards of one or more counties and one or more cities, shall likewise in all respects be applicable to the management and control of schools jointly owned by counties and towns operating as separate special school districts. (Minutes, Vol. 23, p. 49, May 22, 1952.) T H E S C H O O L C O N S T R U C T IO N F U N D PAYM ENT OF F U N D S F IR ST YEAR Upon approval by the State Board of Education of the school construction program and detailed plans and specifications for the specific project or projects, which shall be a part of said program, and if let to contract, the county or city shall submit a certified copy of the contract with performance bond and insur ance policy in force during construction period. The State will then release 20% of State funds approved for the particular project. Subsequent payments to be based upon construction progress and final payment of 15% to be released when the building has been completed and accepted. The school board shall certify by resolution as to the completion and acceptance of each particular project. If the school board acts as its own contractor, such action shall be certified by resolution of the school board and approved by the State Board of Education. In such event, copy of insurance policy in force during construction period shall be filed with resolution. Release of funds will then be made as prescribed above. (Minutes, Vol. 22, p. 27, April 26, 1951.) S C H O L A R S H IP S F O R T E A C H E R S REGULAR TERM SC H O LA R SH IPS A. E lig ib ility .—The candidate must 1. Be a resident of Virginia who is preparing to teach in Virginia schools. 2. Possess scholastic ability and personal characteristics desirable for effec tive teaching. 3. Be a student classified as a freshman, sophomore, junior, or senior in a State or private college in Virginia approved under the scholarship plan. Freshman and sophomores will not be eligible unless they are preparing to teach in elementary schools. Juniors or seniors must agree to prepare for teaching as follows: (a) In the elementary school, or; (b) In any one of the following high school fields: Agriculture; Art (Public School): Business Education; Distributive Education; English; Foreign Lan guage: Home Economics; Library Science; Industrial Art; Mathematics; Music (Public School) ; Natural Sciences; Physical and Health Education; Social Studies including History; Speech Education; Practical Nursing. Only a limited number of carefully selected freshmen who are preparing to teach in the elementary schools will be eligible. Such freshman candidates must (a) Possess good scholastic ability as indicated by above average rank in his or her high school class and by a score in a scholastic aptitude test, such as The American Council of Education Psychological Examination for College Fresh men, The Ohio State Psychological Examination, or some other of similar kind which indicates ability to succeed in college. (b) Have an established record of good citizenship and possess personal characteristics regarded as desirable for effective teaching. This should be con firmed by interview and by recommendations of former teachers. SL—6 rsi i �V ir g in ia Sc h o o l La w s Su ppl e m e n t R 6. Before any reimbursement for the transportation of pupils to and from public schools is made to county or city a report must be submitted by the Di vision Superintendent of such county or city to the State Superintendent of Pub lic Instruction certifying the correct net operating cost of transporting pupils (actual expenditure less gas tax refunds), the average number of pupils trans ported daily, and the average daily mileage of each bus meeting the standards and specifications of the State Board of Education in transporting pupils for the pre ceding school year. Such report shall also include a statement covering the type of bus, lettered identifications, color, make and year model of body and chassis, and an inventory of all safety equipment for each bus, and that said bus meets the inspection requirements. (Minutes, Vol. 23, pp. 14-16, Feb. 21, 1952.) 14. Rescinded by State Board of Education Aug. 11-12, 1952. MINIMUM REQUIREMENTS AND STANDARDS SCHOOL BUILDINGS FOR (f) It is the responsibility of local school boards to see that all school building construction work be adequately supervised. Local school boards shall certify the State Board of Education through a proper resolution presented in writing that adequate supervision of the construction will be provided. (Minutes, Vol. 22, p. 46, May 24, 1951.) to STANDARD S C H O O L BUILDING PLANS—USE AND COST OF The Research Committee on School Buildings recommends that the charge to school boards for the use of Standard Plans and Specifications should be based upon one per cent (1 °/o) of the cost of constructing the building and that a maximum of fifteen (15) sets of plans will be furnished. If more than fifteen (15) are desired, extra copies will be furnished at the actual cost of printing. “In case plans are obtained for estimating building costs or for bidding pur poses and the building is not constructed, then the local school board shall only be charged for the actual cost of printing the plans. “If a local school board uses a set of plans for construction of one building and then desires to duplicate this same building, it may do so by paying the State Board of Education three-fourths ( ^ ) of one per cent (1%) ol the cost of con structing the duplicate building, including fifteen (15) sets of plans.” With reference to the charges to local school boards recommended in the above paragraphs for Standard Plans which includes Specifications, the following guid ing principles were adopted : 1. The charges recommended are for plans only and do not include charges and modifications that may be necessary for any particular location or site, and does not include cost of supervision. 2. Modifications and changes in foundation plans or otherwise by an architect to fit a particular site, and supervision of construction by an architect is estimated to cost 2j£%-3% based on construction cost. 3. This would make the total cost of such Standard Plans from 3 y 2% to 4%, based on construction cost, to local school boards using same, if an architect is employed to make modifications in plans and supervise construction. 4. That unless such Standard Plans can be furnished to local school boards and used at a cost less than such plans can be produced and furnished by private architects, then, same will not be used. 5. That in cases where local school boards secure plans for a seven-ten room building, and build only seven rooms at present and later complete the ten-room plan, the board would pay the charge of or depending upon whether original or duplicate building, at time each part of building was done. (Minutes, Vol. 23, pp. 54-55, M a y 22, i952.) _ (See also School Planning Manual, Vol. 37, Nov. 19o4, Ao. /.) f 80] e g u l a t io n s o f S t a t e B o a rd o f E d u c a tio n JOINT SCHOOLS FOR COUNTIES AND CITIES 6. The provisions and conditions of this regulation, with reference to the management and control of -schools jointly owned by the school boards of two or more counties or by the school boards of one or more counties and one or more cities, shall likewise in all respects be applicable to the management and control of schools jointly owned by counties and towns operating as separate special school districts. (Minutes, Vol. 23, p. 49, May 22, 1952.) THE SCHOOL CONSTRUCTION FUND PAYMENT OF F U N D S F I R S T YEAR Upon approval by the State Board of Education of the school construction program and detailed plans and specifications for the specific project or projects, which shall be a part of said program, and if let to contract, the county or city shall submit a certified copy of the contract with performance bond and insur ance policy in force during construction period. The State will then release 2 0 % of State funds approved for the particular project. Subsequent payments to be based upon construction progress and final payment of 15% to be released when the building has been completed and accepted. The school board shall certify by resolution as to the completion and acceptance of each particular project. If the school board acts as its own contractor, such action shall be certified by resolution of the school board and approved by the State Board of Education. In such event, copy of insurance policy in force during construction period shall be filed with resolution. Release of funds will then be made as prescribed above. (Minutes, Vol. 22, p. 27, April 26, 1951.) SCHOLARSHIPS FOR TEACHERS REGULAR TERM SCHOLARSHIPS A. Eligibility.—The candidate must 1. Be a resident of Virginia who is preparing to teach in Virginia schools. 2. Possess scholastic ability and personal characteristics desirable for effec tive teaching. 3. Be a student classified as a freshman, sophomore, junior, or senior in a State or private college in Virginia approved under the scholarship plan. Freshman and sophomores will not be eligible unless they are preparing to teach in elementary schools. Juniors or seniors must agree to prepare for teaching as follows: (a) In the elementary school, or; (b) In any one of the following high school fields: Agriculture; Art (Public School); Business Education; Distributive Education; English; Foreign Lan guage; Home Economics; Library Science; Industrial Art; Mathematics; Music (Public School) ; Natural Sciences; Physical and Health Education; Social Studies including History; Speech Education; Practical Nursing. Only a limited number of carefully selected freshmen who are preparing to teach in the elementary schools will be eligible. Such freshman candidates must (a) Possess good scholastic ability as indicated by above average rank in his or her high school class and by a score in a scholastic aptitude test, such as The American Council of Education Psychological Examination for College Fresh men, The Ohio State Psychological Examination, or some other of similar kind which indicates ability to succeed in college. (b) Have an established record of good citizenship and possess personal characteristics regarded as desirable for effective teaching. This should be con firmed by interview and by recommendations of former teachers. SL—6 f 81 1 �V ir g in ia Sc h o o l L a w s Su ppl e m e n t (c) Possess such other qualifications as the college authorities may prescribe in picking out highly selected candidates. B. Promissory Notes and Cancellation.— Each candidate must agree to sign and execute a promissory note to the Com monwealth of Virginia, endorsed by a responsible adult resident of Virginia, for the amount of scholarship aid received, which obligation shall bear interest at the rate of 3% per year, and shall be cancelled including interest by teaching for one full school year in the public schools of Virginia after graduation from college, and any amount uncanceled by such service shall be repaid at termina tion of teaching service, with interest from date of 3 °/c per year; provided, how ever, that for extenuating circumstances the State Board of Education may in its discretion, extend the time of repayment. Each candidate must also agree that in case he or she fails to complete the study for which the Scholarship aid is given, or leaves college before graduation, the note will become due and payable, provided, however, that for extenuating cir cumstances the State Board of Education may, in its discretion, extend the time of repayment. The recipient of a scholarship is authorized to cancel the obligation including interest, by teaching one full year in the public schools of Virginia after gradua tion from college. Partial cancellation of the obligation, by teaching less than one school year, will be allowed only in the discretion of the State Board of Education when satis factory evidence is furnished that the recipient of the scholarship aid has been prevented from completing a full year of teaching service because of circumstances beyond his or her control, such as illness or for other unavoidable reasons. In the event of the death of the recipient of scholarship aid prior to cancella tion by teaching service, the State Board of Education may, in its discretion, cancel both principal and interest, in whole or in part. C. Application Procedure.— 1. The president of the college or his authorized representative will recom mend candidates, who are preparing for teaching in accordance with the regu lations mentioned above. Freshman candidates will be recommended in accord ance with the special regulations prescribed by the State Board of Education, as explained in the eligibility provisions above. N o applications zvill be issued f r o m the State Board of Education. 2. The prescribed application form (Form SRTAP) must be used and sub mitted to the State Board of Education. If the applicant is approved by the Board, he will be notified through the college. 3. Applications must be submitted to the State Department of Education by July first of each year. D. Payment to Student.— When the State Board of Education has approved a scholarship grant, and the candidate is reported by the college as enrolled with a full program of work, he or she will be asked to sign a promissory note in the proper amount bearing interest from date at 3% per year, which must be endorsed by a responsible adult citizen of Virginia. When this note is cleared, a check will be sent to the recipient through the college. Scholarship aid as defined in these regulations will be available in accordance with the following schedule: Four hundred dollars ($400.00) per year for freshmen and sophomores pre paring to teach in the elementary grades. Three hundred dollars ($300.00) for all juniors and seniors who are eligible under the provisions of these regulations. 1821 R e g u l a t io n s o f S t a t e B o a r d o f E d u c a t io n E. E ffectiv e D a te .— These regulations are effective July 1, 1954. However, scholarship loans out standing as of July 1, 1952, shall be cancelled at the rate of one year of teach ing for each year or fraction thereof of scholarship aid received. SUMMER SCHOOL SCH O LARSH IPS A. E lig ib ility .— I. The candidate must (1 ) Be a resident of Virginia enrolled in a four-year accredited Virginia col lege, for the Summer session of not less than 4 weeks. (2 ) Have the scholastic ability and personal characteristics expected in an effective teacher. (3 ) Be a teacher to whom the Superintendent has offered reemployment or em ployment, and who thus has a reasonable assurance of a teaching position following the summer study. (4 ) Be in one of the following categories: (a) A college graduate who is taking courses leading to the Collegiate Pro fessional Certificate. (b) Have two or more years of college work and be enrolled in courses lead ing to a degree. This includes holders of the Normal Professional Certificate and of the Emergency Teachers’ License. (c) Be a holder of a Collegiate Professional Certificate who is taking courses leading to an endorsement not now on this certificate to teach In the elementary school, or In one of the following high school fields—Agriculture; Art (Public S ch ool); Business Education; Distributive Education; English; Foreign Language; Home Economics; Industrial Arts: Library Science; Mathematics; Music (Public School); Natural Sciences; Physical and Health Education; Social Studies in cluding H istory; teaching the Deaf and Blind; or (d) A former teacher who is taking, at the request of the division superintendent who is employing her, specific summer school courses to prepare for the resump tion of teaching. This does not include study solely for renewing or reviving a certificate; or (e) Who is taking courses in Guidance or Speech Training at the request of principal or superintendent in order to participate in a school program. A letter from principal or superintendent will be needed in support of study of Guidance or of Speech Training. II. A recent college graduate who is being employed as a teacher and who, at the request of the employing superintendent is taking courses to qualify for a Collegiate Professional Certificate. B. P rom issory N otes and C an cellation.— The candidate must agree to sign and execute a note to the Commonwealth of Virginia endorsed by a responsible adult, who is a resident of Virginia, for the amount of scholarship aid received, which obligation shall bear interest at the rate of three per cent and can be cancelled, including interest, by teaching for the following year in the public schools of Virginia. The State Board may in its discretion postpone the period of teaching to cancel the scholarship. The candidate must agree that in case he or she fails to complete the study for which aid is given, or fails to complete the year of teaching necessary to cancel the obligation, the loan, together with accrued interest, will become due and pay able ; provided, however, that for extenuating circumstances the State Board of Education may, in its discretion, extend the time of repayment. In the event of the death of the recipient of scholarship aid prior to cancellation by teaching service, the State Board of Education may, in its discretion, cancel both principal and interest, in whole or in part. [83] �R V ir g in ia Sc h o o l L a w s Su ppl e m e n t C. Application Procedure.— (1) The Division Superintendent of Schools under whom the applicant has taught must recommend the candidate on the official application form and must indicate intention of reemploying the candidate as a teacher. (2) In the case of college graduates who have not been employed as teachers, the head of the college, (if a Virginia college), may approve an application, or the head of the summer school at which candidate will attend may approve the application. (3) In establishing quotas for the various school divisions, the total number of teachers in each division will be the primary factor. Any unused part of the quotas authorized for divisions will be reallocated from time to time to divisions where they can be advantageously used. Preference in approving applications will be given to those which show preparation for teaching in elementary schools. (4) Applications must be submitted to the State Department of Education by May first of each year. D. Payment to Teachers.— When the State Board has approved a candidate and the candidate has sub mitted a properly completed promissory note and has been reported by the col lege as enrolled in suitable courses in the summer session of a Virginia accredited college, a check will be sent to the candidate in care of the college. The scholar ship allowance varies with the period of study. Fifteen dollars per week will be allowed (five weeks, $75.00; 6 weeks, $90.00; 8 weeks, $120.00; 9 weeks, $135.00; 10 weeks, $150.00—maximum). Periods of less than four weeks will not be acceptable. E. Effective Date.— These regulations are effective July 1, 1954. However, scholarship loans out standing as of July 1, 1952, shall be cancelled at the rate of one year of teaching for each year or fraction thereof of scholarship aid received. (Minutes, Vol. 22, pp. 37-41, April 24, 1952; Minutes, Vol. 25, p. 19, March 25, 1954.) SUPERVISORY AND VISITING TEACHER PERSONNEL * Supervision is a service to principals, teachers, and others, for the improvement of the instructional program. These regulations are not retroactive to persons approved on or before July 1, 1950, for the specific positions described. Reimbursement. 1. Reimbursement from State funds will be made only on salaries of individuals employed for and doing general supervision of instruction, whether in the elemen tary schools, high schools, or both. 2. Reimbursement from State funds to counties and cities on account of salaries paid for general supervision of instruction and visiting teacher services will be made on the following basis: A. Elementary School Supervisor.—Two-thirds of the annual salary paid each elementary school supervisor not to exceed two-thirds of $2850.00 and not to exceed four such supervisors for the white and Negro elementary schools of any school division. The distribution of supervisory personnel as between the white and Negro schools in the division will be based upon the recommenda*N oie: In all cases where state reimbursement shall apply the candidates for super visory and visiting teacher positions must be approved by the State Board of Education before appointments can be made by the local authorities. [84] e g u l a t io n s o f St a t e Bo a r d o f Ed u c a t io n tion of the division superintendent of schools, subject to the approval of the State Superintendent of Public Instruction. (Maximum State reimbursement per supervisor, $1900.) B. High School Supervisor.—Two-thirds of the annual salary paid each high school supervisor not to exceed two-thirds of $2850.00, and not to exceed one high school supervisor for any county or city. (Maximum State reimburse ment per supervisor, $1900.) C. General Supervisor.—Two-thirds of the annual salary paid a general supervisor not to exceed two-thirds of $2850.00, and not to exceed one general supervisor for any county or city. (Maximum State reimbursement per super visor, $1900.) D. Director of Instruction.—Two-thirds of the annual salary paid a director of instruction not to exceed two-thirds of $3,000.00, and not to exceed one director tor any county or city. (Maximum State reimbursement per director, $2000.00.) This position is designed to meet the needs of large school divisions where the superintendent finds it necessary to delegate the major responsibility for instruc tion. E. Visiting Teacher.—Two-thirds of the annual salary paid each visiting teacher, not to exceed two-thirds of $2850.00 for individuals whose qualifications are fully approved, (maximum State reimbursement, $1900) ; or two-thirds of $2100.00 for individuals whose qualifications are temporarily approved, (maximum State reimbursement, $1400.00), and not to exceed four visiting teachers for any county or city. 3. Personnel employed in supervisory and visiting teacher positions with State aid must be contracted for a period of not less than ten months. When it be comes necessary because of sickness, or positions filled late, or resignations that result in vacancies, and the like, to reduce the amount of State reimbursement in the case of a supervisor or visiting teacher who does not serve for the normal contract period, the amount of the reduction will be computed by subtracting the appropriate monthly reimbursement from that allowed for the normal contract period (10, 11, or 12 months) in the specific county or city involved. 4. Reimbursement from State funds will be made only on the salary paid the supervisor or visiting teacher. In addition to the salary, an allowance for travel expense proportionate to the amount of travel required should be made. This allowance must be paid in full from local school funds. 5. Reimbursement from State funds on the salaries of supervisory and visiting teacher personnel is based on the assumption that the full time of such individuals will be given to the general supervision of instruction or visiting teacher work in the respective fields assigned. Areas of Responsibility. In general, under the direction and supervision of the school board and division superintendent of schools, the duties of supervisors and visiting teachers shall be as follows: 1. The elementary school supervisor shall give full time to the general su pervision of instruction and to working with elementary teachers and principals for the improvement of instruction in the elementary schools. 2. The high school supervisor shall give full time to the general supervision of instruction and to working with high school teachers and principals for the im provement of instruction in the high schools. 3. The general supervisor, as the title indicates, shall give full time to su pervision of the whole program of instruction, both elementary and high school, and to working with teachers and principals for the improvement of instruction on both levels. [ 85] �V ir g in ia S L c h o o l a w s S u ppl e m e n t 4. The director of instruction shall give his full time to and be responsible for the supervision and direction of the whole program of instruction, both elemen tary and high school. As director of the entire program of instruction he must necessarily be in close touch with and informed concerning the work being done on the elementary and secondary levels in order to direct, guide, and coordinate the supervisory and instructional program in all the public schools of the county or city. 5. The visiting teacher shall give full time in work involved in the prevention and solution of problems of maladjustment affecting children’s progress in school, such as, irregular or non-attendance, poor health, and home and family situations. Qualifications. A. Supervisory Personnel. Professional training and personal qualifications for all positions. 1. The candidate must hold the Postgraduate Professional Certificate. 2. The candidate must have had a course in supervision on the graduate level. 3. The candidate must show evidence of having made continuous professional growth in the fields of education. 4. The candidate must have demonstrated some ability to work well with adults. 5. The candidate must be in good physical and mental health, be adaptable to varying situations, and possess the personal qualities necessary to command respect and to exercise leadership. Experience for Specific Positions. Director of Instruction. Must have had seven years of professional experience. This experience must have included both the elementary and secondary fields and should also include experience as a classroom teacher, and as principal or supervisor. High School Supervisor. Must have had five years of professional experience, some of which must have been as a classroom teacher in the secondary schools. Elementary Supervisor. Must have had five years of professional experience, some of which must have been as a classroom teacher in the elementary schools. General Supervisor. Must have had five years of professional experience, some of which must have been as a classroom teacher. B. Visiting Teacher Personnel (Qualifications Effective Until 1954-55.) Qualifications required of all visiting teachers. 1. The candidate must be in good health and must possess personal qualities needed in order to command respect and exercise leadership. 2. The candidate must present evidence of appropriate professional study in the fields of both education and social work to be determined by the Division of In struction. 3. The candidate shall hold the highest form of Virginia teacher’s certificate. (Now Collegiate Professional.) Qualifications required for full approval. 1. The candidate shall have had at least twelve semester hours of appropriate [ 86] R e g u l a t io n s o f St a t e Boar d of E d u c a t io n training in social work at a recognized school of social work or one year of success ful experience in social work. (See revised qualifications.) 2. The candidate shall have had at least three years of successful teaching ex perience or two years of successful teaching experience and one year of successful experience in social work. Q ualifications re q u ire d fo r te m p o ra ry a p p ro v al. 1. The candidate shall have had at least three years of successful teaching ex perience. 2. The candidate shall secure at least twelve semester hours of appropriate train ing in social work from a recognized school of social work within four years after first employment as visiting teacher. (See revised qualifications.) R evised Q ualifications F o r V isiting T e a c h e r P e rs o n n e l Effective 1954-55. The following qualifications will become effective for all new visiting teachers beginning with the school session 1954-55. They shall not be retroactive to those visiting teachers who are fully approved under regulations existing prior to that date. Visiting teachers serving on temporary approval and those entering visit ing teacher work before the session 1954-55 may qualify for full approval under these qualifications or those existing prior to that date. P e rso n a l C h a ra c te ristic s. The candidate must be in good health and must possess personal qualities needed in order to command respect and exercise leadership. T raining. 1. The candidate shall hold the Collegiate Professional Certificate. 2. The candidate shall have had on the graduate level a minimum of twelve semester hours in at least three of the following a reas: a. Psychiatric Principles. This should include consideration of the principles of mental hygiene and the motivation of human behavior. b. Community Organizations. This should deal with a knowledge of and ability to work with community agencies in promoting the adjustm ent of children. c. Child Welfare in Virginia. This should give a thorough knowledge and understanding of the social and legal provisions for children in Virginia. d. Guidance. This should deal with the techniques of counseling, inter viewing, and case work. It should also help in the use of clinical services in cluding the interpretation of reports and tests. e. Family Life. This should help in an understanding of the social, economic and cultural changes in American family life and the role of the family in the development of personality. f. Medical Information. This should consider the field of medicine as related to social adaptation, especially with relation to children’s diseases and the more usual forms of adult illnesses. E x p erien ce. The candidate shall have had at least three years of successful teaching e x perience or two years of successful teaching experience and one year of successful experience in social work. (Minutes, Vol. 25, p. 38, May 27, 1954.) SICK-LEAVE PLAN FOR TEA CH ERS 1. Participation in the Sick-Leave Plan for Teachers is optional with local school boards. However, any school board which is not operating under the plan [87] �V ir g in ia Sc h o o l L a w s Su ppl e m e n t for the 1953-54 school year must notify the State Board of Education of its inten tion to participate not later than September 1, of the school year in which it wishes to begin operation. 2. Allowances shall be as follows: (a) Each full-time teacher in the public free schools shall be allowed a maximum of ten days leave without loss of pay during the first school year (180 days) in which the individual teaches under the State plan. (b) Each teacher will be entitled to a maximum of five days for each subsequent year (180 days) in which said teacher is employed under the State plan. (c) Earnings for less than a full year of full-time employment shall be at the monthly rate of 1-1/9 days during the first year of teaching under the plan and 5/9 days (monthly rate) during each subsequent year. This provision applies to those teachers who do not begin teaching at the start of the school term and to those who do not complete the full year. (d) A teacher cannot claim any portion of accumulated or earned leave unless he or she has actually reported for duty for the regular school term in accordance with the terms of the teacher’s contract. 3. State funds will not be available for summer school teachers, evening, parttime, or temporary. 4. Sick leave, if not used, may accumulate to a maximum of thirty days. 5. When a substitute has to be employed such leave shall be allowed for personal illness, including quarantine, or illness, or death in the immediate family requiring the attendance of the employee for not more than three days in any one case. 6. The “immediate family” of an employee shall be regarded to include natural parents, foster parents, stepmother, stepfather, wife, husband, children, brother and sister, and any other relative living in the household of the teacher ( “any other relative living in a household of a teacher” is limited only in that the relative, how ever distant, must live in the household of a teacher). 7. All accumulated sick leave shall terminate upon the expiration of employment as a teacher. A teacher may transfer from one school system to another in Vir ginia and likewise transfer any such accumulated leave, if the school board of the system to which the transfer is being made signifies its willingness to accept such transfer. A teacher will be presumed to have left the teaching profession if he or she accepts employment in private schools, State institutions, or commercial or in dustrial firms. Teachers who leave the teaching profession to enter the armed services do not forfeit accumulated earnings unless they fail to return to the teaching profession immediately upon discharge from the armed services. However, current earnings cannot be allowed (insofar as State funds are concerned) for the period while in service. 8. Each school board operating under this plan shall be reimbursed for onehalf its outlay for employing substitute teachers under the provisions of these regu lations. provided, however, that the reimbursement shall not exceed three dollars ($3.00) per day for each substitute teacher actually employed by the school board. State funds are not available if the regular teacher pays the substitute. A substitute teacher is defined as a person not under contract as a regular teacher who is employed during the regular teacher’s absence. 9. The State Department of Education shall require such reports to be made by school boards as will facilitate the operation of the sick leave plan, but no school board shall be required to provide for any such sick leave provision. From funds provided by law for this purpose, the State Department of Education on or be fore June 15 of each school year shall reimburse cooperating school boards for sick leave benefits as are herein provided; however, if the funds appropriated for this purpose are insufficient to carry out fully the provisions of this regulation, such funds shall be distributed to the school boards on a prorata basis. 10. Local school boards may adopt supplementary rules and regulations not in [881 R e g u l a t io n s o f St a t e Bo a r d o f E d u c a t io n conflict with these regulations; and, in the discretion of the local school board, such local regulations may provide for the submission of a doctor’s certificate in case of absence due to illness. (Minutes, Vol. 25, p. 49, June 17, 1954.) ELEMENTARY SCHOOL PRINCIPALS QUALIFICATIONS FOR, APPROVAL OF Commencing with the school session 1954-1955, all beginning principals ot elementary schools having five or more teachers exclusive of the principalship position should possess the following qualifications: Training.—(a) The highest Virginia certificate, and (b) Endorsement for teaching in the elementary school as prescribed in the 1950 revision of the certification regulations. Experience.—Three years of professional experience as teacher, supervisor, or administrator. (Minutes, Vol. 21, p. 144, Dec. 15, 1950.) STATE SCHOOL FUNDS BASIC APPROPRIATION FOR TEACHERS’ SALARIES All provisions as set forth in the Act are incorporated herein as a part of these regulations. The number of teaching positions in which teachers are actually employed, for purposes of this Act, shall include: (1) Classroom teachers for whom specific State aid is not received. (2) Principals including those for whom State reimbursement is received from the Twelve Months Principal Fund. Teachers actually employed tor purposes of this Act shall not include those for whom specific State aid is received as follows: Directors of Instruction General Supervisors Elementary Supervisors Visiting Teachers Vocational Teachers For the 1952-53 school year, computations will be made on the basis of the total number of assigned teaching positions as compared with the total number of positions in which persons, as defined above, are employed. Foi the 1953-54 school year, computations will be made on the basis of the number of assigned State-aid teaching positions in the elementary grades as com pared with the total number of elementary positions in which persons are em ployed ; in like manner, the computations will be made on the basis of the num ber of assigned State-aid teaching positions in the high school grades as com pared with the number of high school positions in which persons are actually em ployed. In the event, however, that a county or city shall be faced with such extenuating circumstances as the inability to employ personnel for the total number of such positions; insufficient space available pending completion of a building program and such other causes beyond their control, the State Board of Education may in its discretion permit latitude in the number of teachers employed until such time as the said county or city shall make the necessary adjustments. In such instances, the local school board shall furnish the State Board with a statement of existing circumstances, schedule of proposed additions to the staff of instructional personnel, including number of positions and school term or terms in which such personnel will be employed. [ 89] �V ir g in ia S c h o o l L a w s S u ppl e m e n t Table of 1950 Acts SCHOOL ACTIVITY FUNDS (INTERNAL ACCOUNTS) All funds derived from extra-curricula school activities, such as entertainments, athletic contests, cafeterias, club dues, etc., and from any and all activities of the school, involving school personnel, students, or property, are hereby classified as school activity funds (internal accounts). The local school boards shall be re sponsible for the administration of these regulations in the schools under their control, and may determine which specific funds in any school may be excluded from those subject to these regulations. (Funds defined by law as public funds are not subject to these regulations and are to be handled as provided by law.) Each school shall keep an accurate record of all receipts and disbursements so that a clear and concise statement of the condition of each fund may be deter mined a£ all times. It shall be the duty of each principal to see that such records are maintained in accordance with these regulations, and rules promulgated by the local school board. The principal or person designated by him shall perform the duties of school finance officer or central treasurer. The school finance officer shall be bonded, and the local school board shall prescribe rules governing such bonds for employees who are responsible for these funds. The use of specific forms prescribed by the State Board of Education is not mandatory, but the basic information required by the uniform system must be incorporated in such a system as may be substituted for the system designed by the State Board of Education. School activity funds (internal accounts) must be audited at least once a year by a person or persons approved by the local school board and a copy of the audit report filed in the office of the division superintendent; monthly reports of such funds shall be prepared and filed in the principal’s office; and annual reports shall be filed in the office of the principal and division superintendent. Nothing in these regulations or suggested forms shall be construed as supersed ing or modifying the Federal-State plan for operation of cafeterias under the National School Lunch Act. These regulations shall become effective September 1, 1954, and supersede regu lations governing this subject heretofore included in Bulletin. Volume XXXIII, Standards for the Accrediting of Secondary Schools. (Minutes, Vol. 25, p. 48, June 16, 1954.) A cts 1950 . Code 1950 Chapter Section 5 5 3 ............................................. 23-52 Table of 1952 Acts 51-1.11.6S 279 .................................... 22-251 280 ....................................... 22-71 47 .......... 15-152.12, 15-152.13 51-111.73, 51-111.74 72 ________________ _____ 22-79 74 ____________________ 23-9.1 83 ____________________ 23-7.1 87 ____________________ 22-149 139 __...___ ______ ........... 23-31 143 .................................... 23-35.3 157 ........ 51-111.9 to 51-111.67 170 ...................................... 22-67 172 ....................................... 23-1.1 213 ........................................ 23-95 219 ................................. 18-231.1 353 362 371 379 423 .............................. 51-111.71 .............................. 51-111.69 ...... 15-605.1 to 15-605.13 ............................... 22-128.1 ..................................... 58-839 Code 1950 Section 606 ............ 22-160.2, 22-166.3, 22-166.7 641 ________ 23-35.1, 23-35.3 to 23-35.5 652 ................... 46-267, 46-269, 46-271 666 ________ 46-21 lR , 46-212 671 ...................................... 46-209 684 ......................................... 2-4.1 482 ..................................... 23-107 502 ....................................... 23-50 E x . S ess. 575 .................................. 22-188 21 ........................................ 2-27.2 583 ......................................... 22-5 31 ................................... 22-119.1 Table of 1954 Acts Acts 1954 Chapter 5H Code 1950 Acts 1954 Section Chapter ............................. 23-4.1 100 ...........—......................... 6 3 -1 6 5 U S ...................... .................... “ -26 148 _________ 2 2-9.1 t o 22 -9 .3 18 5 241 2 44 261 ............------------------ ......... A cts 1954 Chapter Code 1950 Section 2 3 -50 .............................. 92 Code 1950 Section 4 6-272 ................................. [901 Code 1950 Acts 1952 Section Chapter Code 1950 Acts 1952 Section Chapter Acts 1952 Chapter 5 1 -1 1 1 .2 7 , 5 1-111.31 ............................. ...................................... 23-77.1 4 6 -2 1 2 2 2 -1 2 0 .2 342 .................................. 2 2 -8 8 .2 R 343 ............................ 23 -7 0 , 23-71 349 .......................................... 3 3 -111 385 ....................................... 2 2 -1 2 6 391 ....... 2 2 -100.1 to 22-1 0 0 .1 2 401 ...................... 46-209.1 4 04 ......... 5 1 -1 1 1 .6 9 , 5 1 -1 1 1 .7 0 4 14 ................... 23-35.1, 23-35.3, 23-3 5 .5 , 23-35.6 ................ 4 6-209 2 : : : : : : : : : ............... 643 647 653 668 671 675 2 2 -4 3 , 2 2 -4 3 .1 , 2 2 -6 2 , 2 2 -9 8 , 2 2 -1 2 2 , 2 2 -2 0 4 , 2 2 -2 1 8 , 2 2 -2 2 3 , 2 2 -2 5 3 .1 ......... 5 1 -1 1 1 .2 9 , 5 1 -1 1 1 .4 1 ..................................... 2 2 -1 8 8 .2 ..................................... 4 6 -2 1 2 .1 ................... 3 7 -1 8 6 t o 3 7 -1 8 9 ..................................... 2 2 -1 3 9 .1 ...... 2 2 -1 6 6 .4 R , 2 2 -1 6 6 .5 R , 2 2 -1 6 6 .8 to 2 2 -1 6 6 .1 3 702 ............................................... 1-14 709 ............................................. 2 2-67 �93 In dex H IS T O R Y . Index A PP R O P R IA T IO N S . E d u c a tio n a l in s titu tio n . A p p r o p ria tio n o f fu n d to in s titu tio n e s ta b lis h e d b y tw o o r m o re s ta te s , C o n s t, o f V a .t § 141. A TH LET IC S. E d u c a tio n a l in s titu tio n s . R e p o r t o f r e c e ip ts a n d d is b u rs e m e n ts , § 23-1.1. B LIN D PERSON S. Optometrist. R e p o rts re q u ir e d of, § 63-165. P h y s ic ia n s a n d s u rg e o n s . Reports. R e q u ire d of, § 63-165. P u b lic sc h o o ls. C e rtific a tio n o f n a m e s to C o m m issio n fo r V is u a lly H a n d ic a p p e d . § 22-262. R e p o rts . R e q u ire d o f p h y s ic ia n s a n d o th e rs . § 63-165. V irg in ia C o m m is s io n fo r th e V is u a lly H a n d ic a p p e d . A p p o in tm e n t. § 63-162. Q u a lific a tio n s o f m e m b e rs . § 63-162. Q u o r u m , § 63-162. R e g is te r o f th e b lin d . § 63-165. R e p o r ts re q u ir e d of p h y s ic ia n s a n d o th e rs . § 63-165. T e r m s o f m e m b e rs , § 63-162. BOND ISSUES. Counties. V a lid a tio n . § 15-590.1:1. V a lid a tio n . C e rta in c o u u ty e le c tio n s a n d b o n d s , § 15-500.1:1. BUSSES. S chool b usses. Id e n tif ic a tio n . W h e n c o v e re d . § 22-280.1. W a r n i n g lig h ts. W h e n c o v e re d , § 22-280.1. C O U N TIE S. B o n d issu es. P u b lic Borrowing Law of 1952. §§ 15605.1 to 15-605.13. B o n d s f o r s c h o o l p u rp o s e s , § 15605.4. C o n te s tin g v a lid ity o f b o n d s or ta x e s lev ied fo r p a y m e n t. § 15605.11. C o p y o f re s o lu tio n filed w ith c o u rt. § 15-605.5. D e fin itio n s , § 15-605.2. F o r m a n d e x e c u tio n of b o n d s , § 15605.7. H o ld in g o f e le c tio n , § 15-605.6. I n itia l b o rr o w in g re s o lu tio n , § 15605.4. I n t e r e s t r a te , § 15-605.7. Tax to pay, § 15-605.12. PHYSICIANS AND SURGEONS. Blind persons. IN S A N E , E P I L E P T I C , F E E B L E M IN D E D A N D IN E B R IA T E . L y n c h b u r g T ra in in g School a n d H o s pital. Buildings and teachers. § 37-188. PUBLIC OFFICERS. Disabilities to hold office. Selective Service System United States. Public schools. Virginia History and Government Textbook C o m m issio n . •> 22-306.1. " C O U N T I E S — C on t ’d Bond issu e s— Cont’d Public Borrowing Law of 1952— Cont’d Investment of proceeds pending ap plication to authorize purpose. § 15-605.10. Lost or destroyed bonds. § 15-605.8. Maturity. § 15-605.7. Mutilated bonds, § 15-605.8. N o tic e o f ele ctio n . § 15-605.5. Order for election, § 15-605.5. Powers additional and supplemental. § 15-605.13. Purposes for which debts contracted and bonds issued. § 15-605.3. Resolutions in bond. § 15-605.7. S ale of b o n d s , § 15-605.9. S ch o o l b o n d s , § 15-605.7. S h o rt title . § 15-605.1. Tax to pay principal and interest of b o n d s , § 15-605.12. V a lid a tio n . § 15-590.1:1. P u b lic s ch o o ls. C o n s o lid a tio n o f c o u n tie s o r c itie s in to o n e sc h o o l d iv isio n , C o n s t, o f V a., § 133. D EA F AND DUM B. Public schools. C e rtific a tio n o f n a m e s o f d e a f c h ild re n to C o m m is s io n fo r V is u a lly H a n d i c a p p e d . § 22-262. EASEM ENTS. D e p a rtm e n ts . C o n v e y a n c e o f s ta te a g e n c ie s a n d d e p a r tm e n ts to u tility c o m p a n ie s. § 2-4.2. University of Virginia. G r a n tin g e a s e m e n ts o n p ro p e rty o f th e U n iv e r s ity . § 23-77.2. E D U C A T IO N A L IN S T IT U T IO N S . A th le tic s . Report of receipts and disbursements, § 23-1.1. E a s e m e n ts . R ig h t of w a y for m a in ta in in g p u b lic u tilitie s . § 23-9.1. Endowment. Policy of State in respect to funds. § 23-9.2. Gifts. Sale of interest in real property ac quired b y will or gift. § 23-4.1. S ale o f in te r e s t in re a l p ro p e rty a c q u ire d by w ill o r dee d o f g ift. § 23-4.1. Wills. S ale o f in te r e s t in re a l p ro p e rty q u ire d b y w ill, § 23-4.1. H IG H W A Y S . ac Public schools. Sale of material to school boards, § 33111. Employment, training and medical treatment, § 37-187. N a m e o f m en tally deficient w ith epi le p tic s, § 37-189. W h o re ceiv e d , § 37-186. L IT E R A R Y F U N D . L o a n s to sch o o ls. School buildings. C o n s tru c tio n on leased p ro p e rty , § 22-107.1. A p p lic a tio n , § 22-109. V a lid a te d , § 22-107.2. P e n s io n s a n d re tir e m e n t s y stem s. A n n u a l transfers to Virginia retire ment system, § 22-101.2. V irg in ia su p p le m e n ta l r e tir e m e n t tem . A n n u a l tra n s f e r to . § 22-101.2. sys L Y N C H B U R G T R A IN IN G SCHOOL A N D H O S P I T A L , §§ 37-186 to 37189. S ec In s a n e . E p ile p tic , F eeb le -M in d ed a n d In e b ria te . M E D IC A L C O L L E G E O F V IR G IN IA . P a rk in g on p ro h ib ite d , § 23-50.3. M U N IC IP A L C O R P O R A T IO N S . A n n e x a tio n . Im p ro v e m e n ts . Determination of value, § 15-152.13. Powers of court, § 15-152.12. R u le s o f d ecision, § 15-152.12. Public schools. C o n s o lid a tio n o f co u n tie s o r c ities in to o n e s c h o o l division, C o n st, of V a., § 133. NURSES AND ATTEN DANTS. Scholarships. M edical C o lle g e o f V irg in ia, § 23-36.2. U n iv e r s ity o f V irg in ia, § 23-36.2. O P T O M E T R IS T . B lin d p e rs o n s . R e p o rts re q u ire d of, § 63-165. P E N S IO N S A N D R E T IR E M E N T SY S TEM S. L ite ra ry fund. A n n u a l tra n s f e rs to V irg in ia re tir e m e n t s y s te m , § 2 2 - 1 01 . 2 . Public schools. V i r g i n i a Supplemental Retirement Act. School boards authorized to borrow from. § 22-120.1. Virginia Supplemental Retirement Act. County school boards borrowing money. Proposed amendment to constitu tion, Const, of V a., § 115a. R e p o rts . R e q u ire d of, § 63-165. ot the E x c e p tio n s , § 2-27.2. Holding office under United States. Exception as to war service, § 22-27.1. PUBLIC SCHOOLS. Blind persons. C e rtific a tio n o f n a m e s to C o m m issio n fo r V is u a lly H a n d ic a p p e d , § 22-262. B o n d issues. Manner of execution of obligations of certain school boards, § 15-310.1. Validating act, § 22-107.2. Validation of bonds, § 22-188.2. Buildings and equipment. Assistance and advice on state-aid projects. D e fin itio n s, § 22-166.8. Superintendent to compile data con cerning costs and materials, § 22-166.9. Consultation with superintendent required before entering into contracts, § 2 2 - 1 6 6 . 11 . Data to be published, § 22-166.10. Competitive bidding on state-aid proj ects, § 22-166.12. C o n d itio n s u p o n use, § 22-164.2. L e a s e d p ro p e rty . Loan for construction from literary fund. V a lid a te d , § 22-107.2. Plans and specifications. R e q u ire m e n t o f a p p ro v a l n o t p e n s e d w ith , § 22-166.13. d is Standard plans. A d v is o ry re s e a r c h c o m m itte e , § 22163.3. State aid in construction. A llo ca tio n . B asis. § 22-146.2. L o c a litie s , § 22-146.9. Localities that have met existing school construction needs, § 22- 146.9. W h e n a v a ila b le, § 22-146.1. A n n e x a tio n . O r d e r to p ro v id e f o r d is tr ib u tio n o f fu n d s, § 22-146.5. Appeal from decision of the State board of education, § 22-146.10. Application. P ro c e d u re fo r, § 22-146.7. A p p r o p ria tio n s , § 22-146.1. A llo c a tio n b a sis. § 22-146.2. E ffe c t o f im p ro p e r use, § 22-146.7. E x p e n d e d , § 22-146.8. H o w p aid , § 22-146.7. Procedure for application, § 22146.7. P u rp o s e of, § 22-146.11. W h a t lo ca lity m u s t s h o w , § 22146.7. �94 V ir g in ia Sc h o o l P U B L I C S C H O O L S — C o in ’d B u ild in g s a n d e q u ip m e n t— C o n t’d S ta te a id in c o n s tru c tio n — C o n t’d A p p r o p ria tio n s — C o n t’d W h e n av a ila b le fo r a llo c a tio n an d e x p e n d itu re , § 22-146.1. C o n s tr u c tio n of c h a p te r, § 22-146.11. E q u a liz a tio n fund. C o n d itio n s fo r p a rtic ip a tio n , § 22146.3. D is trib u te d , § 22-146.3. Improper use. E ffe c t of, § 22-146.7. Localities. S ch o o l c o n s tru c tio n n e e d s h a v in g b ee n m e t, § 22-146.9. L o ca lity . W h a t m u s t s h o w , § 22-146.7. P a rtic ip a tio n . Conditions for, § 22-146.3. Payment, § 22-146.7. P ro c e d u re fo r, § 22-146.7. P u p il re s id in g in o n e c o u n ty o r city b u t a t t e n d in g s c h o o l in a n o th e r, § 22-146.4. State board of education. A p p e a l fro m d ec isio n , § 22-146.10. V o c a tio n a l ed u c a tio n . Fund fo r development, § 22-146.6. Use which will not impair efficiency, § 22-164.1. V e n tila tin g fa c ilitie s , § 22-153. C o m m issio n fo r V is u a lly H a n d ic a p p e d . C e rtific a tio n of n a m e s o f b lin d o r deaf c h ild re n to C o m m is s io n , § 22-262. C o n s titu tio n a l p ro v is io n s . C o n s o lid a tio n of c o u n tie s o r c itie s in to o n e sc h o o l d iv isio n , C o n s t, of V a., ,§ 133. C o u n ty a n d c ity tre a s u re r s . H a n d lin g of fu n d s fo r jo in t s c h o o ls , § 22-133.1. D e a f a n d du m b . C e rtific a tio n o f n a m e s o f d e a f c h il d re n to C o m m is s io n f o r V is u a lly H a n d ic a p p e d , § 2 2 - 2 6 2 . D is tric ts . A b o lis h e d . L e e s b u rg , § 22-43.4. S p ecia l d is tric ts . A b o lis h e d , § 22-43. C e rta in to w n m a y b e c o n s titu te d s e p a ra te d is tr ic t, § 22-43. E x c e p tio n s , § 22-43. D is s o lu tio n , § 22-43.1. G a la x , § 22-43.2. D iv isio n s. Consolidation of counties or cities in to one school division, Const, of Va., § 133. Easements. Right of way for erection and main tenance of public utilities, § 23-9.1. Funds. F e d e r a l fu n d s. A p p o r tio n e d t o c o u n tie s c o n ta in in g la n d s le a se d f o r flo o d c o n tr o l p u r p o s e s , § 22-119.1. H a n d ic a p p e d p e rs o n s . A d v is o ry C o u n c il on S p e c ia l E d u c a tio n , § 22-9.3. L a w s Su In ppl e m e n t P U B L I C S C H O O L S — C o n t’d H a n d ic a p p e d p e r s o n s — C o n t’d A s s is tin g lo ca l sc h o o l d iv isio n s in in s tru c tin g , § 22-9.2. C e rtific a tio n o f n am e s o f b lin d o r deal c h ild re n to C o m m issio n fo r V isu ally H a n d ic a p p e d , § 22-262. S p ecia l e d u c a tio n fo r, § 22-9.1. V is u a lly h a n d ic a p p e d c h ild re n , § 22-9. Highways. S a le o f m a te r ia l to s c h o o l b o a r d s , § 33-111. H is to ry . V irg in ia H is to ry and G o v e rn m e n t T e x tb o o k C o m m issio n , § 22-306.1. J o i n t s c h o o ls fo r c o u n tie s o r fo r c o u n tie s a n d c itie s o r to w n s. V a lid a tio n of c o n s o lid a tio n agree m e n ts , § 22-7.1. K in d e r g a rte n . E n c o u r a g e m e n t, § 22-21. Loans. C o n s tr u c tio n o f sch o o l b u ild in g on le a se d p ro p e rty . L it e r a r y fu n d , § 22-107.1. A p p lic a tio n s s u b m itte d to a t t o r n ey g e n e ra l a n d S ta te b o a rd , § 22-109. V a lid a te d , § 22-107.2. V a lid a tio n of lo a n s a n d ad v a n c e s to s c h o o l b o a rd s of c e rta in co u n ties, § 2 2 - 1 2 0 .2. L o c a l b o a rd s . D iv is io n c o m p ris in g tw o o r m o re p o litic a l su b d iv is io n s . A d ju d ic a tio n o f o w n e rs h ip , § 22100.7. A p p o in tm e n t, § 22-100.3. C o m p e n s a tio n , § 22-100.6. C o m p o s itio n , § 22-100.3. D is s o lu tio n , § 22-100.12. C o n s titu te b o d y c o r p o ra te , § 22100.5. E m p lo y m e m b e rs , § 22-100.4. E s ta b lis h e d h o w , § 22-100.2. E x p e n d itu r e s fo r c a p ita l o u tla y p u r p o s e s , § 22-100.9. F in a n c ia l p lan of o p e r a tio n of sc h o o ls, § 22-100.8. F is c a l a g e n t, § 22-100.10. Formation of board. E ffe c tiv e d a te , § 22-100.11. I n d e b te d n e s s fo r c o n s tru c tio n of sc h o o ls, § 22-100.9. O r g a n iz a tio n a n d d u tie s to b e a s s ig n e d b y b o a r d a s w h o le , § 2 2 100.4. P o w ers. Generally, § 2 2 - 1 0 0 . 5 . Qualifications, § 2 2 - 1 0 0 . 4 . S in g le b o a r d a u th o riz e d , § 22-100.1. T e r m s . § 22-100.3. Transfer of title to school property, § 22-100.7. M u n ic ip a l c o r p o ra tio n s . C o n s o lid a tio n o f c o u n tie s o r c itie s in to o n e sc h o o l d iv isio n , C o n s t, o f V a., § 133. Nursery schools. Encouragement, § 22-21. PUB LIC SCHOOLS—Cont’d Officers. Designation of acting officer to per form duties, § 2-27.1. Holding office under United States. Exceptions as to war s.ervice, § 227.1. Pensions and retirement systems. V i r g i n i a Supplemental Retirement Act. S ch o o l b o a rd s au th o riz e d ro w fro m , § 22 - 1 20 . 1 . to bor Public service corporations. E a s e m e n t a c ro s s lands, § 23-9.1. P u p ils. T e s tin g p ro g ra m , § 22-240.1. State aid in construction of school build ings. See within this title, “Buildings and equipment.” State board of education. K in d e r g a rte n . E n c o u ra g e m e n t, § 22-21. Literary fund. T r a n s f e r called for, § 22-101.1. N u r s e ry schools. E n c o u ra g e m e n t, § 22-21. S ta n d a rd plan for b u ild in g s. D u ty to m ak e re c o m m e n d a tio n s , § 22-166.5. T a x a tio n . S h e lte rs a t b u s sto p s. T a x to p ro v id e, § 22-128.1. T e x tb o o k s . A d o p tio n o f c e rta in te x tb o o k s . § 22306.1. P re p a ra tio n o f c e rta in te x tb o o k s , § 22306.1. P u b lic a tio n o f ce rtain te x tb o o k s, § 22306.1. V irg in ia H is to r y an d G o v e rn m e n t T e x tb o o k C o m m issio n , § 22-306.1. T ra n s p o rta tio n o f pupils. B u ses. Lights. D itc h lig h ts , § 46-272. Reckless d riving. D r iv in g in ex c ess o f sev e n ty -fiv e m ile s p e r h o u r, § 46-209.1. S h elters. Tax to provide shelters at school bus stops, § 22-123.1. S p eed lim its. P r o h ib itin g c o n v ic tio n in c e rta in a re a s u n le s s m a rk e rs insta lle d , § 46-212.1. Trespass. T r e s p a s s a t n ig h t u p o n sch o o l p ro p e rty , § 18-231.1. Virginia History and Govenment Text book Commission, § 22-306.1. PUBLIC SERVICE COMPANIES. Public schools. Easements across land, § 23-9.1. REAL PRO PER TY . State. T r a n s f e r o f p o ssessio n b e tw e e n S ta te ag e n cies, § 2-4.1. 95 d ex RULES AND REGULATIONS. A tten d a n ce. O th e r co u n ties, cities a n d 73. E le m e n ta ry schools. P rin c ip a ls , p. 89. In te r n a l a c c o u n ts , p . 90. P rin c ip a ls. E le m e n ta ry sch o o ls, p. 89. to w n s, p. Pupils. A tte n d a n c e in o th e r co u n ties, cities a n d to w n s, p. 73. S chool a c tiv ity fu n d s, p . 90. S chool b u ildings. M in im u m re q u ire m e n ts a n d s ta n d ard s , p. 80. S chool c o n s tru c tio n fu n d , p. 81. S ex e d u c atio n , p. 77. S ic k -lea v e p lan fo r te a c h e rs , p . 87. S ta te sc h o la rsh ip s. R e g u la r te rm , p. 81. S u m m e r school, p. 83. State school fund. B asic a p p ro p ria tio n fo r te a c h e r s ’ s a la rie s , p . 89. Teachers, p. 73. S ic k -lea v e p lan fo r te a c h e rs , p. 87. S u b s titu te te a c h e rs , p . 74. Textbooks. Administrative policy adoption, p. 77. on textbook M a n a g e m e n t a n d h a n d lin g , p. 75. T ra n s p o rta tio n o f pupils. F u n d s , p. 79. H e a te rs , p. 78. Reserve v a c u u m ta n k , p . 79. STATE. Real property. T ra n s f e r o f p o sse ssio n b e tw e e n S ta te ag e n cies, § 2-4.1. TRESPASS. P u b lic schools. T re s p a s s a t n ig h t u p o n s c h o o l p ro p e r t y , '^ 18-231.1. U N ITED STATES. Public officers. D isab ilitie s o f p e rs o n h o ld in g office. E x c e p tio n , § 2-27.1. S elec tiv e S erv ice S y s te m o f th e U n ite d S ta te s , § 2-27.2. S elec tiv e S erv ice S y ste m . E x c e p tio n to d isa b ility to h o ld p u b lic office, § 2-27.2. U N IV ER SITIE S AND COLLEGES. A th letics. R e p o rt o f a th le tic re c e ip ts an d d is b u rs e m e n ts, § 23-1.1. E a s e m e n ts . R ig h t of w ay a c ro s s la n d s fo r p ublic u tilities, § 23-9.1. E n d o w m e n t. P o lic y o f S ta te in re s p e c t to fu n d s, § 23-9.2. S ch o larsh ip s. D e n ta l. M edical C o lle g e o f V irg in ia a n d V irg in ia S ta te C ollege, § 23-35.1. �96 V ir g in ia Sc h o o l U N IV ERSITY O F VIRGIN IA . E a s e m e n ts . G r a n tin g e a s e m e n ts o n p ro p e rty th e u n iv e rs ity , § 23-77.2. of Gifts and bequests. A u th o rity to se ll a n d co n v e y c e rta in lan d s, § 23-77.1. Sale and conveyance of certain lands. Authority to sell, § 23-77.1. VALIDA TIO N. B o n d issues. C e rta in c o u n ty e le c tio n s a n d b o n d s, § 15-590.1:1. L a w s S u ppl e m e n t V IR G IN IA COM M ISSION FO R T H E V ISUALLY H A N D ICA PPED . A p p o in tm e n t, § 63-162. Q u a lific a tio n s o f m e m b e rs , § 63-162. Q u o ru m , § 63-162. R e g is te r o f th e b lin d , § 63-165. R e p o rts re q u ir e d of p h y s ic ia n s a n d o t h e rs , § 63-165. T e r m s o f m e m b e rs , § 63-162. W IL LIA M AND MARY COLLEGE. A p p r o p ria tio n s , C o n s t, o f V a., § 141. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Virginia School Laws, 1954 Cumulative Supplement, Bulletin State Board Of Education", Commonwealth of Virginia, October, 1954. 51 pages. Description An account of the resource Contains the Acts of Assembly of 1952 and 1954 amending the provisions appearing in the 1950 edition and the Regulations of the State Board of Education adopted since the publication of the 1950 edition. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Commonwealth of Virginia Date A point or period of time associated with an event in the lifecycle of the resource 1954-10 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_40 https://projectdaps.org/files/original/5a3e82e528c5b7b747be877c23765f5f.pdf 812eee68dae371b77f922a0c03e189b8 PDF Text Text m i RI6HT OF EVERY SHSL9” The Story of the W ashington, D. C. Program of Schbol In tegration �THE RI GHT OF EVERY CHILD w I Published April 1955 by the American Friends Service Committee ( Q u a k e rs ) Community Relations Program 104 C Street, N. E. Washington 2, D. C. C o p ie s o f th is p a m p h l e t , a n d a n e a r l i e r o n e , IN T E G R A T IO N O F W A S H IN G T O N S C H O O L S , w h ic h c o n s id e r s 2 4 o f th e q u e s tio n s m o s t o fte n a s k e d a b o u t s c h o o l i n t e g r a t i o n , a r e a v a i l a b l e fro m t h e a d d r e s s a b o v e . Cover photo by Jules Schick STHarns & Ewing f HEN WASHINGTON SCHOOLS OPENED in September of 1954, Negro and white children sat together in the same classrooms and teachers of both races worked together for the first time. This broke a traditional pattern of racial seg regation within the capital’s school system. A complex chain of events brought about this change in pattern: years of work by citizens who sought school integration; the Supreme Court decision which outlawed school segregation; then, action by the District of Columbia Board of Education and detailed planning by the school administration. Washington is known to the world as the capital of a great nation and a center of international diplomacy on matters of in comparable scope and significance. To many it is less a city than an institution, less a fact than a symbol. Yet beneath the vast superstructure of big government and big issues, Washington is a place where people live their lives, much a# they do in other American communities. W e recount here the story of a vital job the city is doing. The District of Columbia Board of Education acted promptly to establish policy for an integrated school system. On May 25, 1954, just eight days after the Court’s decision, the following statement of principles was adopted: In the light of the decision of the Supreme Court of the United States in Bolling v. Sharpe, the Board of Education of the District of Colum bia, believing it to be in the best interest of all citizens of the com munity of Washington, and necessary to the effective administration of an integrated system within the public schools, hereby adopts the following declaration of policy: No S 0 2 -1 S M —4-SS—L.-R. 3 �1. Appointments, transfers, preferments, promotions, ratings, or any other matters respecting the officers and employees of the Board shall be predicated solely upon merit and not upon race or color. 2. No pupil of the public schools shall be favored or discriminated against in any matter or in any manner respecting his or her relation ship to the schools of the District of Columbia by reason of race or color. 3. Attendance of pupils residing within school boundaries, hereafter to be established, shall not be permitted at schools located beyond such boundaries, except for the most necessitous reasons or for the public convenience, and in no event for reasons related to the racial character of the school within the boundaries in which the pupil resides. 4 . The Board believes that no record should be kept or maintained in respect to any pupil not enrolled in a public school on or prior to June 17, 1954, or in respect to any officer or employee not employed within the system on or prior to that date in which information is solicited or recorded relating to the color or race of any such person. That the maximum efficient use shall be made of all physical facilities without regard to race or color. 5. In support of the foregoing principles, which are believed to be cardinal, the Board will not hesitate to use its full powers. It is pledged to a complete and wholehearted pursuit of these objectives. We affirm our intention to secure the right of every child, w ’ithin his own capacity, to the full, equal and impartial use of all school facili ties, and the right of all qualified teachers to teach where needed within the school system. And finally, we ask the aid, cooperation and goodwill of all citizens and the help of the Almighty in holding to our stated purposes. The prompt action of the nation’s capital in meeting the Court’s decision has understandably captured the interest of the nation. Here a large city school system is undertaking a program of elim inating segregation and establishing a non-discriminatory policy. The school population includes large numbers of both races, not severely segregated in housing. Problems of school building and facilities have been severe. The job is a sizable one. The results are of consequence to the nation and the world. The story is invaluable for those who wish to learn. School officers and citizens throughout the nation feel a responsibility for implementing the Court’s decision. Certain questions are upper most in their minds. How should the transition be carried out? What are the do’s and what are the don’ts? What has been learned about the desegregation process? The Washington program adds an important chapter to the already extensive record of experience. 4 This report is an attempt to tell the Washington story and to comment on the strengths and the weaknesses of the program as it is being carried out. Some have enthusiastically hailed Washing ton as a model for the rest of the nation. Others have assailed the program as one which fails to do the job. The first view tends to overlook the shortcomings, the second to discount achievement. It seems appropriate to look at the Washington program as a pio neering effort, necessarily involving trial and error. PUPIL ASSIGNMENT The plan for pupil assignment involves specific steps taken during the first year (1954-55) and a long-range program to be put into effect the second year. New boundary lines have been drawn on a geographic basis without regard to race, but the new map is being followed only partially during the first year. Beginning in September of 1955, pupils are to be assigned according to the new map, with the important exception that children already enrolled will be permitted to remain in present assignments until gradua tion from that level, as long as space permits. In the event of over crowding, those who live within the zone are to have priority. Under this plan, desegregated zones will not be fully enforced until present first graders finish sixth grade. The first-year program is more limited. During the year 195455, the following actions have been taken as first steps in the deseg regation program: 1. Severe problems of overcrowding in Negro schools were relieved b\ transferring blocks of children to formerly white schools. About 2900 children were reassigned on this basis. Another 100 were re assigned to reliese excess travel distance. 2. All pupils new to the school system (kindergarteners, many first graders, and new residents in the city) and those who moved from one part of the city to another were assigned on the basis of the new, desegregated school zones. 3. After school began, students wishing to move to the school in their new zone were permitted to make formal request for transfer, with administrative reassurance that such options would be granted as space permitted As a result, nearly 2000 children were transferred in late September and early October, while many others were not granted the requested transfers. 4. Mid-year graduates of junior high schools were assigned to senior high schools on a desegregated basis, adding a small number to the total of integrated classes. 5 �INTERRACIAL ATTENDANCE The measures taken have resulted in a considerable degree of interracial attendance, enough to give a real try to the new pro gram. Many have the opportunity for integrated education. Of the city’s 163 schools, 122 have some degree of mixed attendance, ranging from less than 1% Negro to more than 99%. There are 74,000 students in these integrated schools, about 70% of the total school population. The accompanying table shows the extent of interracial attendance in individual schools. It will be noted that most of the mixed schools have a small minority o f one race. In 93 schools, the minority race is less than 20% o f the student body; in 42, it is less than 1%. Still there are 29 schools which range from 20% to 80% Negro. These schools are in the areas where transfers were arranged to relieve over crowding, and where the desegregation program is therefore most PER CENT NEGRO STUDENTS IN D. C. SCHOOLS NOVEMBER 4 , 1 9 5 4 % N U M B E R NEGRO STUDENTS 0 0 . 1 - 0 .9 1 . 0 - 9 .9 1 0 .0 - 1 9 .9 2 0 .0 ■ 2 9 .9 3 0 .0 • 3 9 .9 4 0 .0 ■ 4 9 .9 5 0 .0 - 5 9 .9 6 0 .0 - 6 9 .9 7 0 .0 - 7 9 .9 8 0 .0 • 8 9 .9 9 0 .0 - 9 8 .9 9 9 .0 - 9 9 .9 100 Total ELEM ENTARY JU N IO R H .S . 10 10 12 7 5 2 7 3 5 0 2 23 24 15 0 4 0 2 3 0 1 0 0 1 0 2 2 7 125 22 OF 3 0 0 0 0 0 0 0 0 0 0 0 0 2 5 TEACHER INTEGRATION S C H O O L S V O C A T IO N A L S E N IO R H .S . TO TAL 1 1 2 1 1 0 1 0 0 0 0 0 1 3 14 15 14 10 9 2 9 3 5 1 2 25 27 27 11 j 1 63 SO U RC E: R e p o r t, " M e m b e r s h ip a s o f N o v e m b e r 4 , 1 9 5 4 c o m p a r e d w ith N o v e m b e r 5 , 1 9 5 3 , " i s s u e d b y t h e O f f ic e o f t h e S t a t i s t i c i a n , D i s t r i c t o f C o l u m b i a P u b l i c S c h o o l s , N o v em b er 15, 1954. 6 nearly complete. Forty-one schools still enroll pupils of only one race, 14 white and 27 Negro. W hite schools have been more affected by the desegregation process than Negro schools. More than 8000 Negro pupils have entered schools which were formerly white, while about 450 white pupils are enrolled in schools which last year were all-Negro. All the Negro schools remain at least 86% Negro; all the highly mixed schools are formerly-white schools. The extent of mixed classes, and the variety of pattern, is to be expected in Washington. Negroes comprise more than a third of the total population and make up 60% of the school popula tion. Less ghettoized than in most cities, they live in many parts of the city, often side-by-side with white neighbors. Opening school doors necessarily results in mixed classes. Indeed, the incomplete ness of the first year program has acted as a curb on the degree of mixed attendance which might be expected. The population of a school does not yet fully reflect the composition of the neighbor hood it serves. The announced plan of the administration reaffirmed the Board’s policy of non-discrimination by declaring that the tenure, rank, and salary of all personnel would be protected, that appoint ment would be by examination without regard to race, that assign ment would be in accordance with the needs of the total system. There was no deliberate mixing of the existing segregated staffs, but some teachers were reassigned where blocks of students were transferred. New teachers, a group which included both Negro and white, were assigned without regard to the race of the pupils or of other staff members. As a result, 38 schools opened with mixed teaching staffs. Altogether, 86 Negro teachers were assigned to 34 schools which were previously all-white. They teach pupils of both races, and in fact have more white than Negro pupils. In three instances, a Negro teacher is serving in a school where there are no Negro children. There are four white teachers in schools which were formerly Negro, one of which is still all-Negro. About one out of three white teachers has a Negro colleague in his school while about one out of ten Negro teachers has a white colleague. Once assigned, Negro teachers took their places along with others. Some principals were anxious about the first introduction of the new teacher, but no difficulties were encountered. A few white parents called to complain, though some seemed only to be seeking reassurance that everything was all right. Principals usually 7 �give an answer in terms of "Let’s give it a try.” When "the try” is given, the cause is won. In fact, complaints are few and short lived. The children have no difficulty in accepting a teacher of a dif ferent race. Accustomed to the teacher being an important person in their lives, children quickly accept the classroom situation as a normal one. Earlier anxieties about status felt by Negro teachers have gen erally been allayed. The success of the Negro teacher in a nonsegregated assignment has been conspicuous. The shortage of teachers is so severe that Negro teachers will be employed in the future. It now seems clear that Negro teachers have in fact wider opportunities under the integrated system than under the former segregated one. ADMINISTRATIVE STAFF selection of such top officers has been impartially made. Some sa\ ings in administrative costs have already been made bv abolishing jobs in which vacancies have occurred. Savings of at least $90,000 are predicted when the plan is completed. Negro personnel still feel less security about promotion than about non-discriminatory hiring and placement as such. W hile it i> clear that present Negro officers will maintain their status, anxieties will probably not be fully allayed until it can be seen how futurevacancies will be filled. VESTIGES OF SEGREGATION The outlines of the dual system in many ways remain as a kind of residue of the past. Since most teachers remained in their old assignments, faculties still tend to be all-white or all-Negro, with the pioneers scattered among the others. All schools still have principals of the same race as before. Until administrative staff reorganization was effected late in the school year, officers still administered the same schools as before, inescapably keeping plan ning and staff work largely segregated. The five vocational high schools, three white and two Negro, were not included in the first year program in any way. The two teachers colleges, while now admitting students on a non-racial basis, are still operating as separate institutions. Although the old "Division 1” for white students and "Divi sion 2” for Negro students have been nominally abolished, they fade away only slowly, with traditional lines o f authority and channels of communication slow to change. Consequently it is difficult to give up segregated thinking, to stop speaking of "white schools” and "colored schools,” and to make a really functional merger. Under the dual system, Washington had two sets of school administrators, with white officers serving white schools and Negro officers serving Negro schools. Such duplicate jobs ranged from Principal up to First Assistant Superintendent. With the desegrega tion program, it was necessary to reorganize this dual staff into a single, centralized administration. School officers were assured that the tenure, rank, and salary of every person would be protected, but the actual reorganization was not effected until late in the school year. Under the new plan of reorganization each of the school officers is given a city-wide responsibility. Jobs have been re assigned on a functional basis, with old jobs combined and new posts created. At the top staff level, there are 12 positions, of which four are held by Negroes, who supervise personnel of both races and have schools of all racial composition under their juris diction. These four are a Deputy Superintendent in charge of Coordinated Educational Services (including personnel, research, and curriculum) and three Assistant Superintendents in charge of Vocational High Schools, Elementary Schools, and Individual Pupil Study (research), respectively. The group of Directors (about 10 in number) also include both white and Negro incumbents serving on a city-wide basis. Reorganization o f academic departments is a more involved process. Most departments will ultimately have only one supervis ing officer while they now have two. During the interim period when present incumbents remain in service, one will have the top post with the other acting as assistant, even though both retain present salary. As this is written, it is too early to judge whether Integration of P-TA activities has a special importance, since Parent-Teacher Associations represent a vital link between school and community. Traditionally, white P-TA’s have been organized into the D. C. Congress of Parents and Teachers, the Negro P-TA’s into the Washington Congress of Parents and Teachers. After the Supreme Court decision, the D. C. Congress took formal action to remove from its constitution all reference to race, thereby leaving the way open for any parent to join the local P-TA group. In mixed schools which were formerly white, P-TA’s are 8 9 PARENT-TEACHER ASSOCIATIONS �interracial. Most o f the leadership is still white, since officers were elected the previous year. Some Negro parents were elected to vacancies which occurred late, and many program activities operate on a fully interracial basis. In formerly Negro schools, white par ents are so few that P-TA’s remain essentially all-Negro. There remains the job of establishing a single congress for all P-TA’s. Early in the school year, a joint committee of the two con gresses was appointed to work out a merger. The committee for mulated recommendations which have been accepted by both con gresses. Full integration now depends on the purely technical process of insuring that all local P-TA’s can qualify for full na tional membership. EXPERIENCE IN INTEGRATED SCHOOLS Within the schools, children and teachers and parents are hav ing a chance to learn, finding both the novel and the ordinary in education "without regard to race.” A white principal who had worried about working with a Negro teacher now says, with evi dent sincerity, "Why, I find that I like her.” In another situation, a Negro teacher, who had been unsure about her new assignment, reports, "I’ve made some wonderful friends here at this school.” A white high school student, being probed about the Negro stu dents, says, "Some of them are one way and some another.” A Parent-Teacher Association approached a discussion of "how in tegration is working” with some fear of hard feeling and a painful hour, only to find, "It isn’t difficult to talk about at all.” Stories such as these are innumerable. They are the stories of people learning what they live, finding that their own experience is the real teacher. Those who have been separated by a racial barrier can now see one another as people. Many who expected difficulty do not find it. Parents who had expected to use drastic measures to avoid a mixed school find their children content and have no further need to be concerned. Many parents listen anxiously for remarks o f their children which will tell them what it is like, only to hear nothing pertinent from children who do not find that new classmates have made school any different. Children bring to the situation considerable spontaneity in dealing with others and are usually less conscious of race than adults. They also sometimes bring negative attitudes, reflecting the prejudices of the community. Teachers, who are quick to feel a sense of responsibility to all, are learning to regard most problems as the problems of children, not of Negro and white children. The children themselves learn from the teacher, and from their day-by day experiences with each other. 10 In high schools, both white and Negro children have taken leadership, despite the fact that the N egro children began the year as newcomers. Student councils are elected in the spring for the following year, so the new year began with councils all-white. In a few cases, Negro students found places on the council because of a vacancy which occurred after the new year began. For other offices which are filled by election in the fall, such as Home Room Representative and club officers, some Negro children have been elected along with white children. One high school, which had suffered previously from low enrollment, had jobs on publications staffs and service clubs which were going begging, so that Negro students found more than ample opportunities. The sports activities were traditionally segregated under the dual system, with white and Negro teams never meeting in athletic contests. This year it was possible to do some rescheduling in basketball, so that all the teams could meet, but the football sched ule could not be rearranged on such short notice. However, there are now several mixed teams in formerly white schools which have become integrated. Some problems occur simply because the two halves of the segregated system were not alike. Negro schools in Washington have traditionally been more highly disciplined, organized on more authoritarian lines, than white schools. For most children, transfer into the more permissive atmosphere is helpful; for some, it is difficult and some assistance is needed. Some of the teachers who were transferred needed help in making the change to a different atmosphere. Schools meet the needs as they find them. In one school, the Negro children did not take part in ping-pong during the lunch time free period, because the school they had come from had no ping-pong tables and they didn’t know how to play. The physical education department took on the job of correcting the problem. Where there are only a few children of one race in a school, some carry on well by themselves, others need some help in overcoming initial shyness and resistance. W hile most of the newly entering children learn along with the others, some who learn more slowly need special help. The new program has brought with it some problems, but they are manageable. Many are the problems to be expected in a time of change. Many follow because of the earlier fact of segregation. Many are simply the normal problems that occur in a school situa tion. Some occur because of undue awareness of race, with result ant over-compensation or leaning-over-backwards. Race attitudes as such have some part, but far less than most people anticipated before desegregation. N ow fact can be separated from fancy, and real needs can be met by sound educational practice. 11 �MEETING OPPOSITION Every proposed step in the desegregation process encountered some public opposition, with the Board of Education itself divided on the issue, many organized groups working for either a slow process or a faster transition, and a considerable block of the com munity ready to stage a last-ditch struggle against integration. The Federation of Citizens Association attempted unsuccessfully to halt the desegregation program by court action. A number of citizens’ groups organized to block the program by speech-making, protests to the Board of Education, and public statements. The public generally accepts an accomplished fact, finding the reality less fearsome than the anticipation. It is always the step not yet taken, the territory just around the corner, which becomes the issue of controversy. The D. C. school administration has generally acted well, staying with the program despite the efforts of those who would deter action. On the other hand, it may be that fear of the anti-integration forces has been the reason why some steps have been slow, and some have been taken with troublesome anxiety. Such timidity is an error, inviting opposition rather than quelling it. Most citizens in Washington, as elsewhere, wish to obey the law and to assist the schools in making the transition. Throughout the planning stages, substantial elements of the community went on record as welcoming the Court’s decision and favoring constructive action immediately. Many religious and civic groups communicated with the Board of Education to give advice and support in a spirit o f sharing the responsibility. The opposition groups represent a minority opinion, at times becoming conspicuous out of proportion to actual numbers or strength. The most sensational, though probably not the most effective, expression o f opposition was the abortive student demonstration which occurred in October, 1954. Following the example of similar actions in Milford and Baltimore, groups of students stayed out of classes in three senior high schools, and, during part of the period, six junior high schools. The young people themselves were having a good time outdoors in beautiful Indian Summer weather. There was a spirit of adventure rather than of hostility. At Eastern High School, white and Negro students happily paraded together out side the school! N o violence occurred and normal school attendance was restored within the week. Less than 2% of the city’s school children participated, and, within the schools themselves, classes and normal activities continued as usual. Throughout, the police acted impartially and effectively to maintain order. It is notable that there was no correlation between the extent of integration in a school and its involvement in the strike, if any, 12 or the extent of its involvement. Demonstrations occurred both in the most mixed high school and in one with only a few Negro students, with the latter the more seriously affected. A school with 1 9 % Negro took no part in the demonstrations. Apparently the traditional spirit of the neighborhood and the effective leadership at the moment determined the extent of the activity, rather than the desegregation program itself. Authorities acted well in this crisis, yielding nothing to these pressure tactics. The school superintendent issued a statement re affirming the desegregation policy, calling upon parents to send their children to school, and declaring that loss of school privileges would follow continued failure to comply. The responsible ele ments of the community organized quickly to defend the school program. Religious and civic groups issued statements against the strikes, and all the daily papers editorialized against the truant students. The chief of police made it clear that there would be no hesitation to arrest. Those who promoted the strikes were testing the limits of their ability to delay and disturb the desegregation program. A firm and decisive stand by the authorities and the community put an end to the matter. LIMITATIONS OF THE PROGRAM In a number of important respects, the program in the D. C. schools falls short of full and complete desegregation. This is true both because of the partial character of the first-year steps and because of the gradual nature of the long-range plan. There are a number of problems not yet solved, some of them implicit in the nature of the program. THE FIRST-YEAR STEPS produced certain confusions, due principally to a lack of decisive clarity. Since the plan was complicated, many parents did not understand until late just where their children were to be assigned. Because several different rules were in operation, two children in the same family were often assigned to two different schools, which presented a practical prob lem for the parents. Options were not granted until after classes started, so that additional reorganization was required when late transfers were made. RACIAL DISCRIMINATION still exists. Many children are still assigned to schools on a racial basis. New classes in the fall entered the secondary schools on a segregated basis. Many Negro children were refused transfer to the nearest school. Doubtless there are many others who did not understand the plan o f options, and so did not request transfer. 13 �THE OPTION PLAN will act as a brake on integration as long as it is in force. This plan allows many children a choice of remaining where enrolled or of transferring to the proper school under the new zones. W hite parents are particularly subject to social pressure to keep their children where they are, influenced by a need to conform. Negro parents, feeling the humiliation of segregation and more often inconvenienced by the segregated as signments, have more incentive to move. In theory, those who live in the area have priority. In practice, they may attend the school in their zone only by taking initiative in seeking a transfer, at the risk of displacing those already en rolled. Thus the Negro child who exercises his right is cast in the role o f "invader” and placed in a vulnerable position. This often leads to some reluctance to transfer. Further, simply because a choice is possible, all may be subject to the subtle pressures of per suasion and exhortation. The feature of choice has the effect of loading the scales in favor o f the old pattern, unnecessarily prolonging the transition period. A policy which establishes the same rules for everyone would be more fair and easier to enforce. NEGRO SCHOOLS ARE N O T DESEGREGATED as the plan now operates. The movement of both pupils and teachers is one way into formerly-white schools. The option plan encourages white parents to avoid assignment o f their children to a school formerly Negro. The few who are so assigned because they are new to the system become therefore a smaller minority than they would be if zones were enforced for all grades. Parents are then even more apt to seek some means to have the assignment changed. There is con siderable evidence that school authorities have been too liberal in granting transfers, permitting continued avoidance of the Negro school, despite official statements that transfers are not granted for racial reasons. It is notable that despite the trend, there are several hundred white children who are having no severe difficulties in a minority assignment. Some forthright planning and imagination are needed to re move the racial label of "Negro school” in the public mind. Faculties can be integrated in these schools. Consideration should be given to the device used in some New Jersey communities of changing the name of the school when it clearly carries a racial connotation. Publicity might well stress the high quality of some of the N egro schools which logically should be integrated. At present, the tendency is to treat integration of the Negro school with anxious avoidance, making the job more difficult. There is danger that a block of Jim Crow schools will remain after desegre gation is nominally complete. Executive Secretary L e w is M- H o s k in s Chairman H e n r y J . Ca d b u r y Honorary Secretary E. P i c k e t t Cl a r en c e American Friends Service Committee INCORPORATED T w en ty South T w elfth Street Philadelphia 7, Telephone, R I t P ennsylvania t en h o u se 6-9372 "THE RIGHT OF EVERY CHILD" The Story of the Washington, D. C. Program of School Integration A Report by the American Friends Service Committee One year has passed since the Supreme Court decision of May 17th, 1954 which decreed that segregated education was not equal education. School officers, parents, teachers, and others feel a responsibility for implementing the Court's decision. Certain questions are upper most in their minds. The story of the Washington program is invaluable for those who wish to learn. Additional copies of THE RIGHT OF EVERY CHILD, and of an earlier pamphlet, WORKING TOGETHER: INTEGRATION OF WASHINGTON SCHOOLS, may be obtained from the address below. The earlier pamphlet considers the steps involved in school integration. SINGLE COPY FREE ORDERS UP TO 50 - 10<? EACH SPECIAL RATES FOR LARGE ORDERS Order from: Community Relations Program 104 C Street, N. E. Washington, D. C. Lincoln 3-2773 14 15 �These difficulties which arise from faltering are in sharp con trast to the success of the program where it has been forthrightly undertaken. The integrated schools are operating well, faculties have been integrated with ease, Negro administrators serve all without difficulty. A once-fearful public is finding that schools go on much as usual. The general success of the program is convinc ing evidence that hesitations are unnecessary. TOWARD BETTER EDUCATION Washington schools have been materially improved in the process of desegregating. The worst problems of overcrowding have been solved. Class size has been improved. Extremely over sized classes have been reduced. The shortage of teachers, which long plagued the Negro schools, has been corrected by the re assignment of children and teachers. Needs and services are better matched, facilities more fairly and more efficiently distributed. Negro schools which have not been integrated nevertheless benefit from the program because of relief from such problems as over crowding and teacher shortages. This year for the first time, com parisons of "Division 2” (formerly Negro) schools and "Division 1” (formerly white) schools show substantial equality. Solution of these old problems, which were implicit in the dual system, leaves the way clear for other improvements in schools. Funds and services can be put to better use in building a good educational program. Improved teacher education would result if the colleges were merged. School officers, once used for duplicate jobs, can now give additional service sorely needed. Only now is it possible to get on with the real business of education. Education in a democratic society centers on the individual child, respecting him as a person and providing the conditions which will help him to find the creative person which is most uniquely himself. Integration establishes the atmosphere where such an education is possible. The child is no longer blind to others because of an artificial barrier, no longer humiliated by being set aside. There is a new sense of dignity and a new feeling of freedom. The Washington story may well give courage to the faint hearted and conviction to the doubtful. Those who would learn from the Washington experience will find no magic formula to give proof against error. They will find that the job of desegrega tion is feasible and constructive, even with difficulties and mistakes. If the story is not one of perfection, it is one of success. If the full task is not done, there remains a record of substantial achievement. Washington schools have taken the first and biggest step, that of establishing a policy and undertaking a program. 15 �, a Q uaker organization, attem pts to relieve hum an suffering and to ease ten sions between individuals, groups, o r nations. At the base of all Service Com m ittee w ork is the belief th a t G od lives in every person and th a t love in action can overcome h atred, prejudice, and fear. The Service Com m ittee works in Europe, Asia, Mexico, El Salvador, and in the U nited States. T h e A m e r i c a n F r ie n d s S e r v i c e C o m m i t t e e o f the A m erican Friends Serv ice Com m ittee involves w ork in the fields of educa tion, recreation, em ploym ent, housing, and in the general field o f com munity counseling. A bout two dozen projects are located in the U nited States w ith staff and guiding com mittees w orking in such places as Indian Reservations, large industrial cities, or in the grow ing suburban areas. In each case the aim of the w ork is to help elim inate the barriers of prej udice and resulting discrim ination w hich deny the full developm ent o f each hum an being. T h e C o m m u n i t y R e la t io n s P r o g r a m the C om m unity R elations Program has de voted fo u r years of w ork w ith the com m unity to w ard elim inating segregation. Efforts have been centered around integration o f public schools and recreation areas. For two years before the Supreme C ourt’s school decision, the Service Com m ittee of fered seminars for public school teachers and ad m inistrators looking forw ard to the transition to integration. T he staff consults w ith officials and com munity leaders, serves as an inform ation center, and gives aid to local groups in program planning. A special short-term project in 1953 provided as sistance in establishing non-discrim inatory policies in places of public accom m odation. In W a s h in g t o n , D .C . O th er American Friends Service Com m ittee program s in W ashington include In ternational Student House, Davis H ouse (an international guest house), and seminars for young people and fo r governm ent officials. NATIONAL OFFICE: American Friends Service Committee, 20 S. 12tfc St., Phila. 7, Pa. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Booklet: "The Right of Every Child", The Story of the Washington, D.C. Program of School Desegregation, American Friends Service, April, 1955. 10 pages. Description An account of the resource The story of the integration process in Washington, D.C. right after the Supreme Court Decision. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource American Friends Service Date A point or period of time associated with an event in the lifecycle of the resource 1955-04 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_38 https://projectdaps.org/files/original/f051277403812035d032484647578560.pdf 591305508f80309e78aa4c07d58c37be PDF Text Text WHAT HAPPENS WHEN PUBLIC SCHOOLS ARE INTEGRATED IN A COMMUNITY LIKE ARLDIGTON? Preface The following report, condensed somewhat, appeared in the Northern Virginia Sun (published in Arlington, Va.) in the issues of December 19, 20 and 22, 1958 . It represents an inquiry on the part of the Social Action Committee of the Rock Spring Congregational Church into the desegregation of public schools in Montgomery County, Maryland. That particular suburban area was selected for an examination of the impact of school integration because of its similarity to the Virginia suburban county where the Rock Spring Church is located. Both communities are a part of Metropolitan Washington. Both represent comparable cultural traditions, economic patterns and population proportions. Members of the Social Action Committee participating in the following report: Dr. Mr. Dr. Mr. Mr. Mr. Mr. Mrs Mrs James Pettee, Chairman Dudley Babcock Joseph McCaskill and Mrs. John McDonald Raymond Parrott Howard Strong and Mrs. Paul Westhaeffer Donald Wilhelm Gerald Winfield, the author of this report. �1 "Integration is the least of my worries" said the principal of a Senior High School in Montgomery County, Maryland. He went on to say "My concern is to house 1,300 students in a building designed for many less and to see that all of them are getting a good education in line with their separate needs and abilities." These were his concluding remarks after an hour-long interview with three of us from the Social Action Committee of the Rock Spring Congregational Church in Arlington, Virginia. We are an eleven member committee. Separate groups of us visited Montgomery County where we consulted school administrators. We visited schools, talking with principals and teachers. We observed students in classrooms, in cafeterias and on playgrounds. Our whole group participated in a conference set up for us b y a church group. It was attended by a member of the School Board and by parents and civic leaders. We have conferred together in the preparation of this report. Four years after Negro students actually entered schools that had formerly been white it appears to us that the people in Montgomery County are mostly thinking about other things. An editor of a local paper in that county reports that there were never many letters protesting integration and that in recent months there have been none at all. "The only letter that has come to us in the last years that even has a bearing on integrated schools" he observed "came from outside this area and was just a general complaint about the Supreme Court and a theoretical argument for Nordic supremacy." Again and again people replied, "but there is very little to say" when we questioned them about the change from segregated to integrated schools. On May 17, 195^ when the Supreme Court decision nullifying the legality of segregation in public schools was rendered, white and Negro races were completely segregated in the public schools of Maryland as they still are in Virginia. But, immediately, Montgomery County took steps to start the desegregation process and has been quietly working at it ever since. By the spring of 1957, 959 of the 3,035 Negro school-age children in Montgomery County had been shifted to integrated schools. At the present time over a third of the Negro students are no longer in segregated schools and it is anticipated that by 1961 with the completion of two new high school buildings all segregation of secondary education in Montgomery County will have ended. Elementary schools are likewise moving rapidly towards the time when each child, regardless of race, will be able to attend the school nearest his home, unless for special reasons his parents and the school authorities arrange for him to transfer (with his family assuming the responsibility for his transportation) to another school in the County which seems better able to meet his personal needs. In the beginning, integration in Montgomery County began on a selective basis. Those planning the desegregation program decided that available facilities were not adequate for a complete integration of all students. Furthermore, it was thought that a not-too-sudden and arbitrary procedure might make for a more successful transition. This opinion was not held by all those responsible for decisions. Some felt that integration brought about in a single operation would have been possible and in the long run more easily accomplished, but the step-by-step procedure was adopted. At no time since the Supreme Court decision has there been disagreement on the Montgomery County's School Board about whether or not the Court's decision was to be implemented. Opinions have differed only as to timing and method. In the case of four sub-standard Negro schools, it was decided that students would all be transferred in the fall of 1955 to white schools, preferably to the schools nearest their homes if space were available. With the exception of these children, all other transfers were made b y individual selection. Some were selected on the request of parents, others at the suggestion of school principals. In each case three basic questions were answered affirmatively before the transfer was made: 1. Are physical facilities available in the school to which the student is applying? 2. Is there a suitable educational program for this student in that school? 3* Do his parents approve of the move? Sometimes a child's application was rejected because the school he wanted to attend was already overcrowded. Sometimes the recommendation that a child be moved was dropped because his parents were reluctant to have him subjected to separation from his friends. For three years now a survey has been made each spring to determine which students wanted to transfer the following fall, and to see which would seem most likely to benefit from a move into an integrated school. There have beer, confer ences with parents and with both school principals involved before the decisions �2 have been made. After the decisions, principals and guidance counselors have speni a great deal of time helping a child and his parents get ready for a move into a new situation. Even after this careful selection and preparation a transfer in the early stages of desegregation was not irrevocable. It was possible, when desegregation was in the permissive stage, for a student to request transfer back to a segregated school. A few did return, mostly because they discovered that the educational program in the new school did not suit them. For instance, a boy who thought he would like to take an academic course discovered that the vocational training offered in his former school was more to his liking. Some asked to go back because they found the adjustments too difficult. For the most part the students who have gone into integrated schools have stayed and reports seem to indicate that the adaptation has presented no serious difficulties for them. In one Montgomery County school 17 per cent of the student body is now Negro. In others the figures show as few as two Negroes in an elementary school of b66 and as few as 5 in a high school of 1,299* Thirty-eight school districts have no school-age Negro children living in their neighborhood so schools there have no Negro children. Since the total Negro school-age population of Montgomery County is now only about per cent of the total school-age population, it is not likely that under complete integration any school will ever have more than a 20 per cent Negro group. If Arlington were integrated it would likewise have only a small per cent of Negroes in any school and no Negroes in many schools. (Arlington has only 1,658 Negro school children in a total school population of 23,133*) Records show that the white population is now increasing much more rapidly in Montgomery County than is the Negro population. If this pattern continues, the per cent of Negroes in County schools there will actually decrease in the years immediately ahead. The decision to integrate public schools in Montgomery County was applied to staff as well as students. A number of Negro teachers are now in integrated schools. One school with only white children has a Negro teacher on its faculty. A large junior high school has a Negro assistant principal. It is the stated policy of the School Board that all staff appointments are made on a merit basis so it is expected that in the future an opening in the school system will be filled by the person whose training and experience best qualify him to fill that opening. "But how is it all working out?" we kept saying. We had to press our question, we discovered, not because people in Montgomery County have anything to hide but because there has been relatively so little change that most of them couldn't think right off of anything to tell us. One principal of an elementary school said that when he heard we were coming he had to rush to his files to see exactly how many Negro children he had. The ten colored children in that school were so much a part of the whole group that he just didn't count them separately. "Have academic standards been lowered?" we asked a high school principal who has an integrated student body. "A girl just left my office" he answered. "She has an I.Q. of 70 and she has problems of learning with which we have to reckon. She is a white girl. The ability range of our students is from very low to very high. One problem is to place them all in situations where they learn. Some Negro students may fall in the lowest range of ability. Some may fall in the highest range. If we place them where they belong, then the school will be good for them and they will present no special problems to the school." One elementary teacher in an integrated school reported "The academic performance of new children is not a problem. Of course, the learning situation is better here than it was where a child had to share a room with several classes. She stated that of the five children who had come to her class from a Negro school that was recognized as sub-standard three went into Reading Group 2 and two did well in Reading Group 3 . The principal reported that in two grades routinely tested, the achievement test figures at the end of the first year of integration were still comfortably above national standards as they had been in the past. VJe asked about health standards. The reply of school principals was that all children have physical examinations and that no child, Negro or white, remains in school if he has an infectious condition or a communicable disease. No one seemed to think that the incidence of illness is any higher since schools have been integrated than it was before. Some observers remarked that with the question of school health receiving more attention since integration, it is likely that all �3 children will be watched more closely so the general school health level may be raised. We asked about the social contacts of students. Principals of all schools said that it seems always to be true that children who have had a hard time adjust ing in a segregated school have had a hard time in an integrated school, and conversely a child who has gotten on well in one school has made good adjustments in a new school. The only "incident" we heard about in an integrated elementary school concerned a little Negro girl in the third grade. She had lots of friends and seemed secure. One day she met the principal in the hall. "Mr. Smith," she said with some agitation, "do you know what Donald called me?" The principal realized at once that she was talking about the new white boy in her class who had brought with him a history of behavior difficulties in two previous schools. "What did Donald call you?" he asked. "He called me a 'nigger'" she answered with indignation. "Do you think I had better speak to Donald?" he queried. The little girl looked into space for several seconds and then with all the irritation gone out of her she answered "No, Mr. Smith. He'll get over it." This principal told us that his way of handling the social adjustment of new Negro students was to place only one in any class. That way he felt that there would be no danger that two or more of them would hold themselves apart or that the class would think of them as "Negroes." Another elementary school principal said that she made an effort never to place a Negro child alone in a class where all other children are white. She thinks that the newcomer might feel lonely and consequently would find the new adjustments more difficult. In both of these cases the results show happy students in integrated class rooms. Perhaps the particular method of procedure is not as important as the underlying concern for the well being of children. None of the high school principals whom we saw reported any serious social difficulties. In integrated high schools some Negroes have joined clubs, some haven't. Most Negro students tend to sit together in cafeterias but it is by choice and exceptions were reported. Negro boys have made football teams. One Negro boy in an integrated school has been selected for the "all star" area team. In one school a Negro boy was elected a Drum Major. When a few parents called in to protest that selection the principal reminded them that it had come as a result of a democratic election in the school. They made no further complaint. Negro students who have qualities of leadership seem to have a good oppor tunity to emerge as leaders in integrated schools. In one school the senior class elected a Negro boy to one of its top positions. In still another high school a Negro girl was selected as the school representative to the All State Student Conference. School dances have continued. In one high school the principal says that his only effort to control the new inter-racial situation at dances was to announce that dances would be for couples only. In another high school it was the Student Council which discussed the possible community reaction to mixed dances and decided that there would be no more stag lines. This practice of students coming to dances with their own dates seemed to both supervisors and students to be the only safeguard needed. A Junior Prom traditionally held at a downtown Washington hotel was held there again after integration with no difficulty or criticism. All reports seem to indicate that when Negroes attend school dances in integrated schools they dance with Negro partners and white students dance with white part ners. None of the people with whom we talked had seen or heard of mixed dating in the schools. In every high school we visited we heard that some white students had made a conscious effort to help Negro students feel at ease. One white student said that it was her observation that Negro girls seemed to be more lonely than Negro boys in integrated schools and therefore needed more help in making friends. In a junior high school where b2 Negroes were expected to come into a student body of about 750 the first year of integration, the principal called the 7th and 8th graders together in the spring to tell them that the new students were coming �b and to ask them if they thought anything should be done to get ready to receive them. A student said "Well, I think we ought to make them feel at home. If I were going into a school where most people were different from me, I'd be scared stiff and I think these Negro students are going to be scared." There were numerous suggestions as to how this "at home" feeling could be achieved. One student thought that all the new students should be brought over for a tour and a chance to get acquainted. It couldn't be managed before school was out but it was planned for a day after the vacation began. Students were asked to volunteer to return to school as hosts for the occasion and every hand went up. There have been only rare reports of bickering or scuffling or rudeness betveei students of different races, never a serious incident. There is one report that ai the time when papers were so full of the stories of disorder in Little Rock some words derogatory of Negroes appeared on the walls of a high school washroom. The writing was removed and its brief appearance didn't make a ripple in a situation that was basically stable. There was no recurrence of name-calling in that school. We asked if the integration of staff had presented special problems. Some principals felt that the problems hadn't been serious but that in some ways it is more complicated than the integration of students. In one case some white parents protested the appointment of a Negro teacher to their school. Someone suggested to us that these parents were fearful that the Negro teacher might have had sub standard training and experience. She proved to be a person of outstanding abilitjand now parents are asking that their children be transferred into her class. Elementary principals say that it has been helpful if a Negro teacher has come into an integrated school at the same time Negro students first came, especially if she has come from the same school. This has made the transition easier for the children and the presence of a teacher who had known them before has been helpful to a principal. "The difficulty may arise" one high school principal speculated "when I need to fire a teacher for incompetence and she happens to be a Negro. I will hesitate because I know that I might have to face an accusation of discriminatory action." He and others seemed to feel that after the first few years this kind of a situa tion would not likely present a problem. The acceptance of Negro teachers by white teachers seems to have been good. In the first place, teacher's workshops and curricula planning committees, etc. have been integrated for some years before school integration, so Negro and white teachers are not unaccustomed to working together. Negro teachers who are still working in segregated schools seem to feel no anxiety about their future placement. They expressed confidence in the fairmindedness of the people who will make appointments. We asked about the effect of desegregation on population changes because one often hears in Northern Virginia that if schools are integrated great numbers of Negroes from D. C. will buy homes in the area with the result that the value of residential property will be lowered. When we asked one resident of Montgomery County if he thought that this had been happening there, he laughed and said that the people rushing to suburban Maryland now are Virginians who want to be sure their children will have schools to attend. Actually the proportion of Negroes in Montgomery County's population is lower now than it was in 1950 while the total population has increased. This is in line with population trends throughout the country. Negroes are still moving from the country to the cities while white people are still moving from the cities to the suburbs. There is no reason to believe that this trend will be different in suburban Virginia. When it became evident to us that Montgomery County people are generally agree that integration is proceeding there without great difficulty we began to inquire into the cause of the relatively uneventful transition. The answer was inescapable: Firm Leadership. An editor told us that he reached the Governor of Maryland b y telephone within five minutes after the Supreme Court decision was announced, "Maryland will conform" Governor McKeldin said to him. From that moment official leader ship in Maryland has never wavered in its support of constitutional law and in it determination that the education of Maryland's children is not to be interrupted-. This has remained true at all official levels. After the court decision a . r �5 opposition group was organized in Maryland and in 1955 this group was vocal in various spots around the State and particularly as a lobby group at Annapolis. Their leaders drew up anti-integration bills but these bills all died without ever being presented on the floor of the Assembly. Not one of the 123 delegates would sponsor themi "Integration" said the editor "has not been a politcally expedient issue in Maryland."- No politicians have dared to debate with the State's Attorney General C. Ferdinand Sybert who stated on June 20, 1955 ". . . . since the Constitution of the United States is the Supreme law of the land, all constitutional and legislative acts of Maryland requiring segregation in the public schools in the State of Maryland are unconstitutional, and hence must be treated as nullities." Educational leadership in Maryland has likewise been outstanding. Nine days after the Federal court ruling, the Maryland State Department of Education issued the following statement: "We are confident that the local school boards, the local officials, and the parents will settle this problem without resorting to chicanery or devious methods and with due regard for the rights of all parties concerned. Any program of implementation will be based upon professional and human considerations and not with coercive designs or methods." The educators in Maryland took hold of the problem that was primarily theirs to work out, and there was never an opportunity for politicians to play ball with the destinies of school children. Less than a month after the May 17th ruling the Board of Education of Mont gomery County adopted a resolution setting up a committee of white and Negro citizens, including educators, for the purpose of advising and conferring with the Board and School administrators, on matters of policy for the implementation of the recent decision of the Supreme Court concerning segregation." This committee of nineteen members functioned tirelessly during the 195^-55 period when policies were being determined and plans of action were being formulated. Their contri bution cannot be underestimated. The Board itself met frequently during those early days, fearlessly facing its responsibilities and patiently listening to extremists (on both sides of the segregation issue) who demanded hearings and presented long lists of questions. In a "Statement of Policy on Integration" adopted on March 21, 1955, the Montgomery County School Board not only affirmed its intention to proceed to integrate the public school system in an orderly and just manner. It went further and acknowledged "the moral and democratic impli cations of the ruling" and affirmed that they "regarded compliance as an opportunity to extend all of its educational programs and facilities to all children on an impartial basis." The School Board was not always of one mind as to how fast to move and as to how best to proceed with its accepted policy, but its members always managed to talk their way through to constructive compromises. When the only substantial demonstration of resistance occurred in a rural section of Montgomery County with parents encouraging students to stay out of school and outside agitators exciting rebellion, the School Board did not with draw the Negro students who had been assigned to that high school. The Superin tendent of Schools reminded the parents of the fines that would be imposed on persons persuading or coercing school-age children to absent themselves from classes and of the fines and jail sentences that would be imposed on persons disturbing the orderly proceedings of a public school. The Chief of Police at the County seat backed up the educators by warning the members of a protest parade that no disturbance would be tolerated. Normalcy was restored within a week and today that school is busy about school business with 52 Negroes in a student body of 978. Professional educators were encouraged to make their contribution, and efforts were made to strengthen the professional staff for the new demands laid upon it. Money was made available for some twenty principals and teachers to attend Univ ersity summer workshops for special study of inter-group relations. Workshops were conducted within the County for all teachers. Lay leadership in the Montgomery County communities came to the fore and made significant contributions towards the maintenance of stability and in the direction of sound practices. The County Council of P.T.A.s is given much credit for its work before and during the school transition. Made up of representatives of all local school Parent-Teacher Associations in the County, it had long been an integrated group. After the announcement of the decision of the Montgomery County School Board to integrate County schools, the County Council gave guidance and impetus to local P.T.A.s urging them to become liaison groups between �schools and patrons. The County Council sent resolutions to the School Board for consideration and they sent resolutions to local P.T.A.s for debate. The studied opinions of citizens were brought to bear on County policy through the channels of the County Council and accurate information was brought to bear on the formation of citizens' opinions through those same channels. We asked if all P.T.A. groups had continued their relationship with the County Council throughout the transition period. We were told that one group threatened to withdraw be cause a substantial number of' their members were unhappy about the assignment of some Negro children (who didn't live in their area) to their school for one year while construction was under way elsewhere. The threat was never carried out and their representatives continued to participate in County Council affairs. An interesting story lies in the files of a P.T.A. in an elementary school near the D. C. border. The school had always been white. Its patrons included a sizeable group of professional people and a smaller group of very wealthy people. They also had a small group of low income white people. Suddenly, at the very beginning of integration these people learned that a crowded two-room Negro school - sub-standard to the point of no indoor plumbing - was to be discontinued and that the 53 Negro children of low income families who lived in a federal housing development in their school district would appear in their classrooms the next fall. The P.T.A. set up a school relations committee and in the appoint ments saw to it that all shades of opinion were represented. There were those who thought the move was already ninety years too late - those who thought it was ninety years too soon, and all those variations of points of view that emerge in any community when social change is under discussion. "We talked and talked" one member reported. "When emotions threatened communication we kept talking. We talked until we were agreed that the new situation must be handled in such a way that no child would suffer." With this basic agreement the committee set to work to "get ready” for integration. Teachers and parents and pupils worked together to bring about as smooth a transition as possible. Consultants in the field of human relations were brought in - Negroes as well as white - to meet with study groups and to appear at panel discussions. White parents visited the Negro school from which the children would come. Negro parents visited the white school to which their children would go. Observers say that the integrated school program has been highly successful in that school. Other parent groups were active in the County in efforts to help make the transition successful. One such group of white parents, after consultation with Negro parents, took upon themselves the task of going around in the Negro settle ments and explaining to residents what was involved in integration. They saw to it, for instance, that needy Negro children who were to be integrated in the early stages had suitable clothes so that they would not feel conspicuous with well-dressed children. Church groups in Montgomery County contributed to the community's cooperative acceptance of the new set-up. Clergymen got together and produced a clear state ment about the "Ministry of Reconciliation." Church action groups and committees not only passed resolutions of endorsements of the School Board policy but also provided information about it to the members of their congregation. Jewish groups in the County were likewise actively participating in programs of education for integration. The League of Women Voters set up integration study groups and have given wide circulation to fact sheets prepared each year since the beginning of de-segregation. The American Association of University Women studied the problems related to integration and worked out suggestions for the handling of the problems. Members of the American Veterans Committee demonstrated their concern. Between all these groups there was close communication and correlation of effort. Innumerable man hours - of both employed personnel and lay volunteers - have gone into the successful implementation in Montgomery County, Maryland, of a decision of the Supreme Court of the United States of America. As people related to us the things they and others had done, and as they spelled out the kind of problems they had encountered, they invariably mentioned the "dividends." "You know what this is doing for us" one principal said. "It is showing us that the old ideas about the differences in ability of different races do not hold. We are seeing more clearly than ever before that ability is an individual thing." �7 "It is having a carry-over into the community" one member of a car pool said, "First we noticed that Negro children, waiting for a bus that would take them to an integrated school, were neater and cleaner. Now we notice that their yards are getting cleaned up and their houses are better kept." This observation reminded us that for more than a hundred years the American public school has served as a leveling-up channel through which many minority groups have become both acceptable and contributing parts of the whole stream of American life. "Even the Negro students who would just as soon stay in the segregated schools have a new pride in the knowledge that they don't ’have to ’" one teacher said. "It is education itself that has profited most" one heard from many sides. "Now" said someone "each school must look more particularly at itself to see if it offers what all of its students need." One teacher commented that all aspects of school life will be improved because it is all being studied more carefully. Someone observed that while in the past it has been assumed that Negro boys who wanted to learn dry cleaning were better off in a Negro vocational school, now school planners are beginning to think that in a larger integrated high school the same Negro boys and many white boys as well can be offered a much greater number of vocational opportunities. "Take this last School Board election" one man said. "It wasn't fought out on the basis of whether we are going to be integrated or not -- everyone has accepted the fact that we are. Integration wasn’t mentioned in the School Board election. But schools were mentioned and the debate was about the kind of edu cation we are going to buy with our tax dollar. That is as it should be." "We feel better about ourselves" a white church member said "less consciencestricken somehow. Not complacent, mind you, but glad to be a part of one step towards social justice and challenged to look for next steps." What happens when public schools are integrated? On the one hand, we could conclude after our observations in Montgomery County that nothing very startling happens. School doors go on opening as school doors have for a long time in this country where education is so much prized. Teachers go on assigning arith metic problems. Children go on writing compositions. The sky doesn’t fall down. The economic system doesn’t collapse. Social patterns don't change overnight. On the other hand, constitutional law assumes a new dignity, educational efforts receive a new stimulus; the insights of some men become more clear, the aspirations of other men become more free. It would seem to the Rock Spring Social Action Committee that Arlington could approach the de-segregation of its public schools without fear and could partici pate with faith in the steps ahead. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Report: "What Happens When Public Schools Are Integrated in a Community Like Arlington?", December 1958. 8 pages. Description An account of the resource Condensed report by the Social Action Committee of the Rock Spring Congregational Church of an inquiry into the desegregation of Montgomery County, Md. Public Schools chosen because of the similarities of that county with Arlington. Originally published in the Northern Virginia Sun, December 19, 10, 22, 1958. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Social Action Committee of the Rock Spring Congregational Church Date A point or period of time associated with an event in the lifecycle of the resource 1958-12 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_30 https://projectdaps.org/files/original/a403717b203d43907b773eb2cdd6ed1d.pdf d5e0670f7c06ce2e6b49b6de3472e081 PDF Text Text WHAT HAPPENS WHEN PUBLIC SCHOOLS ARE INTEGRATED IN A COMMUNITY LIKE ARLINGTON? Preface The following report, condensed somewhat, appeared in the Northern Virginia Sun (published in Arlington, Va.) in the issues of December 19, 20 and 22, 1958* It represents an inquiry on the part of the Social Action Committee of the Rock Spring Congregational Church into the desegregation of public schools in Montgomery County, Maryland. That particular suburban area was selected for an examination of the impact of school integration because of its similarity to the Virginia suburban county where the Rock Spring Church is located. Both communities are a part of Metropolitan Washington. Both represent comparable cultural traditions, economic patterns and population proportions. Members of the Social Action Committee participating in the following report: Dr. James Pettee, Chairman Mr. Dudley Babcock Dr. Joseph McCaskill Mr. and Mrs. John McDonald Mr. Raymond Parrott Mr. Howard Strong Mr. and Mrs. Paul Westhaeffer M r s . Donald Wilhelm Mrs. Gerald Winfield, the author of this report. �1 "Integration is the least of my worries" said the principal of a Senior High School in Montgomery County, Maryland. He went on to say "My concern is to house 1,300 students in a building designed for many less and to see that all of them are getting a good education in line with their separate needs and abilities." These were his concluding remarks after an hour-long interview with three of us from the Social Action Committee of the Rock Spring Congregational Church in Arlington, Virginia. We are an eleven member committee. Separate groups of us visited Montgomery County where we consulted school administrators. We visited schools, talking with principals and teachers. We observed students in classrooms, in cafeterias and on playgrounds. Our whole group participated in a conference set up for us by a church group. It was attended by a member of the School Board and by parents and civic leaders. We have conferred together in the preparation of this report. Four years after Negro students actually entered schools that had formerly been white it appears to us that the people in Montgomery County are mostly thinking about other things. An editor of a local paper in that county reports that there were never many letters protesting integration and that in recent months there have been none at all. "The only letter that has come to us in the last years that even has a bearing on integrated schools" he observed "came from outside this area and was just a general complaint about the Supreme Court and a theoretical argument for Nordic supremacy." Again and again people replied, "but there is very little to say" when we questioned them about the change from segregated to integrated schools. On May 17, 195*+ when the Supreme Court decision nullifying the legality of segregation in public schools was rendered, white and Negro races were completely segregated in the public schools of Maryland as they still are in Virginia. But, immediately, Montgomery County took steps to start the desegregation process and has been quietly working at it ever since. By the spring of 1957, 959 of the 3>035 Negro school-age children in Montgomery County had been shifted to integrated schools. At the present time over a third of the Negro students are no longer in segregated schools and it is anticipated that by 1961 with the completion of two new high school buildings all segregation of secondary education in Montgomery County will have ended. Elementary schools are likewise moving rapidly towards the time when each child, regardless of race, will be able to attend the school nearest his home, unless for special reasons his parents and the school authorities arrange for him to transfer (with his family assuming the responsibility for his transportation) to another school in the County which seems better able to meet his personal needs. In the beginning, integration in Montgomery County began on a selective basis. Those planning the desegregation program decided that available facilities were not adequate for a complete integration of all students. Furthermore, it was thought that a not-too-sudden and arbitrary procedure might make for a more successful transition. This opinion was not held by all those responsible for decisions. Some felt that integration brought about in a single operation would have been possible and in the long run more easily accomplished, but the step-by-step procedure was adopted. At no time since the Supreme Court decision has there been disagreement on the Montgomery County* s School Board about whether or not the Court’s decision was to be implemented. Opinions have differed only as to timing, and method. In the case of four sub-standard Negro schools, it was decided that students would all be transferred in the fall of 1955 to white schools, preferably to the schools nearest their homes if space were available. With the exception of these children, all other transfers were made by individual selection. Some were selected on the request of parents, others at the suggestion of school principals. In each case three basic questions were answered affirmatively before the transfer was made: 1. Are physical facilities available in the school to which the student is applying? 2. Is there a suitable educational program for this student in that school? 3* Do his parents approve of the move? Sometimes a child's application was rejected because the school he wanted to attend was already overcrowded. Sometimes the recommendation that a child be moved was dropped because his parents were reluctant to have him subjected to separation from his friends. For three years now a survey has been made each spring to determine which students wanted to transfer the following fall, and to see which would seem most likely to benefit from a move into an integrated school. There have been confer ences with parents and with both school principals involved before the decisions �2 have been made. After the decisions, principals and guidance counselors have spent a great deal of time helping a child and his parents get ready for a move into a new situation. Even after this careful selection and preparation a transfer in the early stages of desegregation was not irrevocable. It was possible, when desegregation was in the permissive stage, for a student to request transfer back to a segregated school. A few did return, mostly because they discovered that the educational program in the new school did not suit them. For instance, a boy who thought he would like to take an academic course discovered that the vocational training offered in his former school was more to his liking. Some asked to go back because they found the adjustments too difficult. For the most part the students who have gone into integrated schools have stayed and reports seem to indicate that the adaptation has presented no serious difficulties for them. In one Montgomery County school 17 per cent of the student body is now Negro. In others the figures show as few as two Negroes in an elementary school of 466 and as few as 5 in a high school of 1,299* Thirty-eight school districts have no school-age Negro children living in their neighborhood so schools there have no Negro children. Since the total Negro school-age population of Montgomery County is now only about 4.5 per cent of the total school-age population, it is not likely that under complete integration any school will ever have more than a 20 per cent Negro group. If Arlington were integrated it would likewise have only a small per cent of Negroes in any school and no Negroes in many schools. (Arlington has only 1,658 Negro school children in a total school population of 23,133*) Records show that the white population is now increasing much more rapidly in Montgomery County than is the Negro population. If this pattern continues, the per cent of Negroes in County schools there will actually decrease in the years immediately ahead. The decision to integrate public schools in Montgomery County was applied to staff as well as students. A number of Negro teachers are now in integrated schools. One school with only white children has a Negro teacher on its faculty. A large junior high school has a Negro assistant principal. It is the stated policy of the School Board that all staff appointments are made on a merit basis so it is expected that in the future an opening in the school system will be filled by the person whose training and experience best qualify him to fill that opening. "But how is it all working out?" we kept saying. We had to press our question, we discovered, not because people in Montgomery County have anything to hide but because there has been relatively so little change that most of them couldn't think right off of anything to tell us. One principal of an elementary school said that when he heard we were coming he had to rush to his files to see exactly how many Negro children he had. The ten colored children in that school were so much a part of the whole group that he just didn't count them separately. "Have academic standards been lowered?" we asked a high school principal who has an integrated student body. "A girl just left my office" he answered. "She has an I.Q.. of 70 and she has problems of learning with which we have to reckon. She is a white girl. The ability range of our students is from very low to very high. One problem is to place them all in situations where they learn. Some Negro students may fall in the lowest range of ability. Some may fall in the highest range. If we place them where they belong, then the school will be good for them and they will present no special problems to the school." One elementary teacher in an integrated school reported "The academic performance of new children is not a problem. Of course, the learning situation is better here than it was where a child had to share a room with several classes. She stated that of the five children who had come to her class from a Negro school that was recognized as sub-standard three went into Reading Group 2 and two did well in Reading Group 3 . The principal reported that in two grades routinely tested, the achievement test figures at the end of the first year of integration were still comfortably above national standards as they had been in the past. We asked about health standards. The reply of school principals was that all children have physical examinations and that no child, Negro or white, remains in school if he has an infectious condition or a communicable disease. No one seemed to think that the incidence of illness is any higher since schools have been integrated than it was before. Some observers remarked that with the question of school health receiving more attention since integration, it is likely that all �3 children will be watched more closely so the general school health level may be raised. We asked about the social contacts of students. Principals of all schools said that it seems always to be true that children who have had a hard time adjust ing in a segregated school have had a hard time in an integrated school, and conversely a child who has gotten on well in one school has made good adjustments in a new school. The only "incident" we heard about in an integrated elementary school concerned a little Negro girl in the third grade. She had lots of friends and seemed secure. One day she met the principal in the hall. "Mr. Smith," she said with some agitation, "do you know what Donald called me?" The principal realized at once that she was talking about the new white boy in her class who had brought with him a history of behavior difficulties in two previous schools. "What did Donald call you?" he asked. "He called me a 'nigger1" she answered with indignation. "Do you think I had better speak to Donald?" he queried. The little girl looked into space for several seconds and then with all the irritation gone out of her she answered "No, Mr. Smith. He'll get over it." This principal told us that his way of handling the social adjustment of new Negro students was to place only one in any class. That way he felt that there would be no danger that two or more of them would hold themselves apart or that the class would think of them as "Negroes." Another elementary school principal said that she made an effort never to place a Negro child alone in a class where all other children are white. She thinks that the newcomer might feel lonely and consequently would find the new adjustments more difficult. In both of these cases the results show happy students in integrated class rooms. Perhaps the particular method of procedure is not as important as the underlying concern for the well being of children. None of the high school principals whom we saw reported any serious social difficulties. In integrated high schools some Negroes have joined clubs, some haven't. Most Negro students tend to sit together in cafeterias but it is by choice and exceptions were reported. Negro boys have made football teams. One Negro boy in an integrated school has been selected for the "all star" area team. In one school a Negro boy was elected a Drum Major. When a few parents called in to protest that selection the principal reminded them that it had come as a result of a democratic election in the school. They made no further complaint. Negro students who have qualities of leadership seem to have a good oppor tunity to emerge as leaders in integrated schools. In one school the senior class elected a Negro boy to one of its top positions. In still another high school a Negro girl was selected as the school representative to the All State Student Conference. School dances have continued. In one high school the principal says that his only effort to control the new inter-racial situation at dances was to announce that dances would be for couples only. In another high school it was the Student Council which discussed the possible community reaction to mixed dances and decided that there would be no more stag lines. This practice of students coming to dances with their own dates seemed to both supervisors and students to be the only safeguard needed. A Junior Prom traditionally held at a downtown Washington hotel was held there again after integration with no difficulty or criticism. All reports seem to indicate that when Negroes attend school dances in integrated schools they dance with Negro partners and white students dance with white part ners. None of the people with whom we talked had seen or heard of mixed dating in the schools. In every high school we visited we heard that some white students had made a conscious effort to help Negro students feel at ease. One white student said that it was her observation that Negro girls seemed to be more lonely than Negro boys in integrated schools and therefore needed more help in making friends. In a junior high school where b2 Negroes were expected to come into a student body of about 750 the first year of integration, the principal called the Jth and 8th graders together in the spring to tell them that the new students were coming �b and to ask them if they thought anything should be done to get ready to receive them. A student said "Well, I think we ought to make them feel at home. If I were going into a school where most people were different from me, I'd be scared stiff and I think these Negro students are going to be scared." There were numerous suggestions as to how this "at home" feeling could be achieved. One student thought that all the new students should be brought over for a tour and a chance to get acquainted. It couldn't be managed before school was out but it was planned for a day after the vacation began. Students were asked to volunteer to return to school as hosts for the occasion and every hand went up. There have been only rare reports of bickering or scuffling or rudeness betvee' students of different races, never a serious incident. There is one report that a the time when papers were so full of the stories of disorder in Little Rock some words derogatory of Negroes appeared on the walls of a high school washroom. The writing was removed and its brief appearance didn't make a ripple in a situation that was basically stable. There was no recurrence of name-calling in that school We asked if the integration of staff had presented special problems. Some principals felt that the problems hadn't been serious but that in some ways it is more complicated than the integration of students. In one case some white parents protested the appointment of a Negro teacher to their school. Someone suggested to us that these parents were fearful that the Negro teacher might have had sub standard training and experience. She proved to be a person of outstanding ability and now parents are asking that their children be transferred into her class. Elementary principals say that it has been helpful if a Negro teacher has come into an integrated school at the same time Negro students first came, especially if she has come from the same school. This has made the transition easier for the children and the presence of a teacher who had known them before has been helpful to a principal. "The difficulty may arise" one high school principal speculated "when I need to fire a teacher for incompetence and she happens to be a Negro. I will hesitate because I know that I might have to face an accusation of discriminatory action." He and others seemed to feel that after the first few years this kind of a situa tion would not likely present a problem. The acceptance of Negro teachers by white teachers seems to have been good. In the first place, teacher's workshops and curricula planning committees, etc. have been integrated for some years before school integration, so Negro and white teachers are not unaccustomed to working together. Negro teachers who are still working in segregated schools seem to feel no anxiety about their future placement. They expressed confidence in the fairmindedness of the people who will make appointments. We asked about the effect of desegregation on population changes because one often hears in Northern Virginia that if schools are integrated great numbers of Negroes from D. C. will buy homes in the area with the result that the value of residential property will be lowered. When we asked one resident of Montgomery County if he thought that this had been happening there, he laughed and said that the people rushing to suburban Maryland now are Virginians who want to be sure their children will have schools to attend. Actually the proportion of Negroes in Montgomery County's population is lower now than it was in 1950 while the total population has increased. This is in line with population trends throughout the country. Negroes are still moving from the country to the cities while white people are still moving from the cities to the suburbs. There is no reason to believe that this trend will be different in suburban Virginia. When it became evident to us that Montgomery County people are generally agree; that integration is proceeding there without great difficulty we began to inquire into the cause of the relatively uneventful transition. The answer was inescapable: Firm Leadership. An editor told us that he reached the Governor of Maryland b y telephone within five minutes after the Supreme Court decision was announced. "Maryland will conform" Governor McKeldin said to him. From that moment official leader ship in Maryland has never wavered in its support of constitutional law and in it determination that the education of Maryland's children is not to be interrupted. This has remained true at all official levels. After the court decision a . r �5 opposition group was organized in Maryland and in 1955 this group was vocal in various spots around the State and particularly as a lobby group at Annapolis. Their leaders drew up anti-integration bills but these bills all died without ever being presented on the floor of the Assembly. Not one of the 123 delegates would sponsor them! "Integration" said the editor "has not been a politcally expedient issue in Maryland." No politicians have dared to debate with the State's Attorney General C. Ferdinand Sybert who stated on June 20, 1955 "• • • . since the Constitution of the United States is the Supreme law of the land, all constitutional and legislative acts of Maryland requiring segregation in the public schools in the State of Maryland are unconstitutional, and hence must be treated as nullities." Educational leadership in Maryland has likewise been outstanding. Nine days after the Federal court ruling, the Maryland State Department of Education issued the following statement: "We are confident that the local school boards, the local officials, and the parents will settle this problem without resorting to chicanery or devious methods and with due regard for the rights of all parties concerned. Any program of implementation will be based upon professional and human considerations and not with coercive designs or methods." The educators in Maryland took hold of the problem that was primarily theirs to work out, and there was never an opportunity for politicians to play ball with the destinies of school children. Less than a month after the May 17th ruling the Board of Education of Mont gomery County adopted a resolution setting up a committee of white and Negro citizens, including educators, for the purpose of advising and conferring with the Board and School administrators, on matters of policy for the implementation of the recent decision of the Supreme Court concerning segregation." This committee of nineteen members functioned tirelessly during the 195^-55 period when policies were being determined and plans of action were being formulated. Their contri bution cannot be underestimated. The Board itself met frequently during those early days, fearlessly facing its responsibilities and patiently listening to extremists (on both sides of the segregation issue) who demanded hearings and presented long lists of questions. In a "Statement of Policy on Integration" adopted on March 21, 1955 > the Montgomery County School Board not only affirmed its intention to proceed to integrate the public school system in an orderly and just manner. It went further and acknowledged "the moral and democratic impli cations of the ruling" and affirmed that they "regarded compliance as an opportunity to extend all of its educational programs and facilities to all children on an impartial basis." The School Board was not always of one mind as to how fast to move and as to how best to proceed with its accepted policy, but its members always managed to talk their way through to constructive compromises. When the only substantial demonstration of resistance occurred in a rural section of Montgomery County with parents encouraging students to stay out of school and outside agitators exciting rebellion, the School Board did not with draw the Negro students who had been assigned to that high school. The Superin tendent of Schools reminded the parents of the fines that would be imposed on persons persuading or coercing school-age children to absent themselves from classes and of the fines and jail sentences that would be imposed on persons disturbing the orderly proceedings of a public school. The Chief of Police at the County seat backed up the educators by warning the members of a protest parade that no disturbance would be tolerated. Normalcy was restored within a week and today that school is busy about school business with 52 Negroes in a student body of 978. Professional educators were encouraged to make their contribution, and efforts were made to strengthen the professional staff for the new demands laid upon it. Money was made available for some twenty principals and teachers to attend Univ ersity summer workshops for special study of inter-group relations. Workshops were conducted within the County for all teachers. Lay leadership in the Montgomery County communities came to the fore and made significant contributions towards the maintenance of stability and in the direction of sound practices. The County Council of P.T.A.s is given much credit for its work before and during the school transition. Made up of representatives of all local school Parent-Teacher Associations in the County, it had long been an integrated group. After the announcement of the decision of the Montgomery County School Board to integrate County schools, the County Council gave guidance and impetus to local P.T.A.s urging them to become liaison gz'oups between �6 schools and patrons. The County Council sent resolutions to the School Board for consideration and they sent resolutions to local P.T.A.s for debate. The studied opinions of citizens were brought to bear on County policy through the channels of the County Council and accurate information was brought to bear on the formation of citizens' opinions through those same channels. We asked if all P.T.A. groups had continued their relationship with the County Council throughout the transition period. We were told that one group threatened to withdraw be cause a substantial number of their members were unhappy about the assignment of some Negro children (who didn't live in their area) to their school for one year while construction was under way elsewhere. The threat was never carried out and their representatives continued to participate in County Council affairs. An interesting story lies in the files of a P.T.A. in an elementary school near the D. C. border. The school had always been white. Its patrons included a sizeable group of professional people and a smaller group of very wealthy people. They also had a small group of low income white people. Suddenly, at the very beginning of integration these people learned that a crowded two-room Negro school - sub-standard to the point of no indoor plumbing - was to be discontinued and that the 53 Negro children of low income families who lived in a federal housing development in their school district would appear in their classrooms the next fall. The P.T.A. set up a school relations committee and in the appoint ments saw to it that all shades of opinion were represented. There were those who thought the move was already ninety years too late - those who thought it was ninety years too soon, and all those variations of points of view that emerge in any community when social change is under discussion. "We talked and talked" one member reported. "When emotions threatened communication we kept talking. We talked until we were agreed that the new situation must be handled in such a way that no child would suffer." With this basic agreement the committee set to work to "get ready" for integration. Teachers and parents and pupils worked together to bring about as smooth a transition as possible. Consultants in the field of human relations were brought in - Negroes as well as white - to meet with study groups and to appear at panel discussions. White parents visited the Negro school from which the children would come. Negro parents visited the white school to which their children would go. Observers say that the integrated school program has been highly successful in that school. Other parent groups were active in the County in efforts to help make the transition successful. One such group of white parents, after consultation with Negro parents, took upon themselves the task of going around in the Negro settle ments and explaining to residents what was involved in integration. They saw to it, for instance, that needy Negro children who were to be integrated in the early stages had suitable clothes so that they would not feel conspicuous with well-dressed children. Church groups in Montgomery County contributed to the community's cooperative acceptance of the new set-up. Clergymen got together and produced a clear state ment about the "Ministry of Reconciliation." Church action groups and committees not only passed resolutions of endorsements of the School Board policy but also provided information about it to the members of their congregation. Jewish groups in the County were likewise actively participating in programs of education for integration. The League of Women Voters set up integration study groups and have given wide circulation to fact sheets prepared each year since the beginning of de-segregation. The American Association of University Women studied the problems related to integration and worked out suggestions for the handling of the problems. Members of the American Veterans Committee demonstrated their concern. Between all these groups there was close communication and correlation of effort. Innumerable man hours - of both employed personnel and lay volunteers - have gone into the successful implementation in Montgomery County, Maryland, of a decision of the Supreme Court of the United States of America. As people related to us the things they and others had done, and as they spelled out the kind of problems they had encountered, they invariably mentioned the "dividends." "You know what this is doing for us" one principal said. "It is showing us that the old ideas about the differences in ability of different races do not hold. We are seeing more clearly than ever before that ability is an individual thing." �7 "It is having a carry-over into the community" one member of a car pool said. "First we noticed that Negro children, waiting for a bus that would take them to an integrated school, were neater and cleaner. Now we notice that their yards are getting cleaned up and their houses are better kept." This observation reminded us that for more than a hundred years the American public school has served as a leveling-up channel through which many minority groups have become both acceptable and contributing parts of the whole stream of American life. "Even the Negro students who would just as soon stay in the segregated schools have a new pride in the knowledge that they don’t 'have to’" one teacher said. "It is education itself that has profited most" one heard from many sides. "Now" said someone "each school must look more particularly at itself to see if it offers what all of its students need." One teacher commented that all aspects of school life will be improved because it is all being studied more carefully. Someone observed that while in the past it has been assumed that Negro boys who wanted to learn dry cleaning were better off in a Negro vocational school, now school planners are beginning to think that in a larger integrated high school the same Negro boys and many white boys as well can be offered a much greater number of vocational opportunities. "Take this last School Board election" one man said. "It wasn't fought out on the basis of whether we are going to be integrated or not — everyone has accepted the fact that we are. Integration wasn't mentioned in the School Board election. But schools were mentioned and the debate was about the kind of edu cation we are going to buy with our tax dollar. That is as it should be." "We feel better about ourselves" a white church member said "less consciencestricken somehow. Not complacent, mind you, but glad to be a part of one step towards social justice and challenged to look for next steps." What happens when public schools are integrated? On the one hand, we could conclude after our observations in Montgomery County that nothing very startling happens. School doors go on opening as school doors have for a long time in this country where education is so much prized. Teachers go on assigning arith metic problems. Children go on writing compositions. The sky doesn't fall down. The economic system doesn't collapse. Social patterns don't change overnight. On the other hand, constitutional law assumes a new dignity, educational efforts receive a new stimulus; the insights of some men become more clear, the aspirations of other men become more free. It would seem to the Rock Spring Social Action Committee that Arlington could approach the de-segregation of its public schools without fear and could partici pate with faith in the steps ahead. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Report: "What Happens When Public Schools Are Integrated in a Community Like Arlington?", December 1958. 8 pages. Description An account of the resource Condensed report by the Social Action Committee of the Rock Spring Congregational Church of an inquiry into the desegregation of Montgomery County, Md. Public Schools chosen because of the similarities of that county with Arlington. Originally published in the Northern Virginia Sun, December 19, 10, 22, 1958. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Social Action Committee of the Rock Spring Congregational Church Date A point or period of time associated with an event in the lifecycle of the resource 1958-12 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_22 https://projectdaps.org/files/original/437617098ef620fe2ecbfb084a0a2c22.pdf 83aeea801f14afad777fa1425484f727 PDF Text Text S el,t c m ^ e r 21, 1957 a r e t h e PUBLIC DOING THEIR JOB? �ARE THE PUBLIC SCHOOLS DOING THEIR JOB? in Herbert L. Brown, Jr., managing editor of Changing Times (The Kiplinger Magazine), is a former Rhodes Scholar. His concern about our schools and local government has prompted him to file as a candidate for his county board in the elections this fall. Here he is shown with his family at their Arlington, Va., home. John Keals, a free-lance writer descended from an uncle of the poet who bore the same name, is the author of T h e C r a c k t h e P ic tu r e W i n d o w , a humorous book on housing developments. Here he is shown with his family at their island summer retreat on the St. Lawrence River, in Canada. By H E R B E R T L. B R O W N , JR Hv J O H N K E A T S The author asserts that public schools stunt young minds by feeding them insipid lessons in social conformity and “living skills”—instead of furnishing intellectual challenges to develop mature citizens. This parent declares that the American public-school system is demonstrating a notable superiority over private schools in equipping youngsters to meet the demands of the complex age in which we live. T i n p u b lic h ig h s c h o o l in o u r s u b u r b a n W a s h in g to n , D .C ., a re a is fu lly a c c r e d ite d b y t h e M id d le S ta te s A s s o c ia s io n a l p u b lic -s c h o o l e v a lu a t o r s g iv e it a n e x c e lle n t ra tin g . tio n ol C o lleg es a n d S e c o n d a ry S c h o o ls . I t is n o t p la g u e d by s p lit s e s s io n s ; th e c la sse s a r e n o t p a r t i c u l a r l y larg e b y t o T h e r e is n o q u e s ti o n in m y m in d t h a t t h e p u b lic -sc h o o l s y s te m o f w h ic h o u r s c h o o l is a p a rt c o m p a re s f a v o ra b ly o ffe rs s ix t y - th r e e d iff e re n t c o u rs e s o f s tu d y , a n d p r o fe s V I y tw o c h il d r e n , a b o y o f t h ir te e n a n d a g irl o f t e n , go is s a id , h a v e g o n e to t h e d o g s. T h e y d o n ’t te a c h t h e f u n d a t o p u b lic s c h o o l. M y w ife a n d I i n te n d to k e e p th e m m e n ta ls a n y m o r e ; k id s g e t o u t w ith o u t h a v in g le a r n e d d a y ’s s ta n d a r d s . T h e s c h o o l is staffed b y in te llig e n t, h a r d w ith a n y o t h e r p u b lic -s c h o o l s y s te m in t h e n a tio n . t h e r e . W e b e lie v e t h e y a r e n o w g e ttin g t h e b e s t p o s s ib le t o re a d , w rite o r d o s im p le a ri t h m e t ic . T h e y a r e fu ll o f w o r k in g m e n a n d w o m e n w h o s e e v e ry t h o u g h t is o f th e T h e s e fa c ts m ig h t m a k e it s e e m d iffic u lt to e x p la in w hy t o ta l e d u c a tio n . T h is c o n c lu s io n is b a s e d s o le ly o n w h a t ''li f e - a d ju s t m e n t ” s t u d e n t s ’ w e lfa re . T h e t e a c h e r p a y s c a le is re la tiv e ly h ig h w e s o ld th e p le a s a n t h o u s e t h a t s e rv e d u s s o w e ll, a n d h a v e w e t h i n k is m o s t d e s ira b le f o r th e m . W e w a n t t h e b e s t a d ju s te d m o ro n s . T h e y d o n ’t r e a lly k n o w a n y th in g . T h e y a n d t h e t e a c h e r s ’ m o ra le is e x c e lle n t. T h e m illio n -d o lla r n o n s e n s e t h a t t u r n s th e m i n to w ell- j u s t m o v e d to a s m o k y c ity to s p e n d m o re t h a n $ 2 0 0 0 a a n d a r e lu c k y e n o u g h t o b e a b le to a ffo rd a n y s c h o o l w e c a n ’t th in k . T h e y a r e u n p r e p a r e d f o r c o lle g e , fo r jo b s , b u ild in g is b r a n d n e w . It is lig h t, s p a c io u s a n d c o m p le te ly y e a r in o r d e r to s e n d o u r t h r e e c h ild r e n to a p r iv a te e q u ip p e d w ith e v e r y t h in g fro m a m o tio n -p ic tu r e t h e a t e r to m ig h t c h o o s e . W e s till c h o o s e p u b lic s c h o o l. f o r c itiz e n s h ip . T h e y h a v e le a r n e d to s tr i v e fo r a n easy s c h o o l t h is fall. a n a u d it o r iu m , s c ie n c e r o o m s a n d lib r a ry . B e h in d t h e t r e c o n fo r m ity . T h e d e v il r e s p o n s ib le fo r a ll t h is is s o m e th in g Y e s , I a m f a m ilia r w ith a ll t h e h o r r e n d o u s c h a rg e s I d o n o t k n o w h o w w e a r e g o in g to affo rd it. I k n o w t h a t m e n d o u s g y m n a s iu m t h e r e a r e g ra s s y p la y in g fields a n d a w e m u s t t r y , f o r o u r c h il d r e n ’s s a k e . M y w ife a n d I h a v e fo o tb a ll field e n c ir c le d b y a r u n n i n g tra c k . T h e s c h o o l c o m e s lo w ly a n d b i tte rly Continued on Page + a g a in s t p u b lic -s c h o o l e d u c a t i o n . I h a v e h e a rd th e m in m y c a lle d " p r o g r e s s iv e e d u c a t i o n .” T h e s e c h a rg e s , p la y e d o n v a rio u s s tr i n g s , c o m e f ro m a o w n c o m m u n ity , in A r lin g to n , V irg in ia , j u s t a c ro s s t h e sc a tte rin g o f p a re n ts, P o to m a c f ro m W a s h in g to n , D .C . T h e p u b lic s c h o o ls , it 3 Continued on Page 5 �NO to believe that our children cannot receive an adequate education in our local publicschool system, o r in any public-school system o f com parable stature. We believe that most o f this nation's public schools now offer America’s chil dren an education that is anticultural, anti-intellectual, narrowly utilitarian at best and utterly vapid at worst. We think most o f our public schools subscribe to an erroneous educational philosophy. We think most public education is bad in theory, bad ip practice and abysmal in its results. We are convinced th at the splendid public school building we are spurning, with its staff o f dedicated teachers, simply docs not, and cannot, offer any student an education that is in any way com parable to the education we both received in the public schools twenty years ago. These conclusions were not reached quickly. We argued against ourselves every step o f the way, because we did not want to believe what, eventually, w ewere forced to believe. O ur dissatisfaction with the public schools began when our son, now four teen, entered first grade. A t the time, we were merely a little puzzled, but we took for granted that things would have changed since we were in school, and trusted they had changed for the better. As o u r boy went on in school, however, our puzzlement deepened into something resembling dismay, and then, two years ago, a publishing house asked me to pre pare a book on Am erica's public school ing. It would be a book, they said, that would explain different educational points of view, but would not lobby for any one of them . In the course o f my research, I studied nearly every book on educational philosophy and technique printed since 1947. I visited public and private schools; liberal arts and teachers’ colleges; talked with hundreds o f pupils, college students, teachers and professors and examined the school district in which we live. My wife studied with me, and the more we learned, the m ore we became convinced o u r pub lic schools were failures. W e think the schools have failed be cause they do not ask children to think. This is no} entirely due to the fact that the schools devote less time to the child's m ind in order to stress vocational hints an d lessons in social conform ity. The schools fail because their m ethod o f presenting subject-m atter courses is an ironclad guarantee of poor quality. F o r instance, o u r high school teaches English to college-preparatory students in term s o f How To. O ur children learn How T o w rite letters: How To use the library: How To "get up-to-date inform a tion about various vocations": How To m ake a speech: How T o carry on a con versation: How To listen; and How To tell a poem from a short story. Nowhere do o u r children get the idea that English is a disciplined m eans o f expressing thought. Instead, they can only gather that English is a collection o f isolated skills, each som ehow different. Poems look like this, and short stories arc always short and have snappy endings. Letters arc things that begin D ear Sir and end Sincerely and have the date in a corner. Making a speech is being relaxed and ''Peaking slowly and clearly. Nowhere do our children learn that the basic ingredient o f any story, speech or Poem is its content. Nowhere do they learn that the im portant thing about writing a letter is having som ething to say, and using precise language to say it. W orse yet. o u r English teachers do not at all times insist on correct usage. Rather, they "attem pt to place the accent on ac cepted usage," as the school catalogue puts it. The insistence on technique rather than thought begins in the earliest grades. Thirty years ago my first-grade primer was based on story content, which, the authors said, “contributes no small part to the child's m astery.” Today, my young est child uses a prim er th at stresses "case,” never m entions “ m astery” and calls reading a “ skill.” Instead of stories, children now begin with “ Oh, oh, oh; look, look, look,” and they are bored silly. When elementary schools offer arith metic disguised as How Money Helps Us, the idea is to interest children in arithm etic by showing them examples o f its use in real life. They call this “ motiva tion," and say the result is that today’s children learn arithm etic better than their parents did. Unfortunately, the teaching technique tends to wag the dog. One ele m entary school in o u r area has set up a school bank to help teach what it calls “ the social phase” o f arithm etic. Fortyfive m inutes each day are devoted to electing young bank presidents, taking turns being cashiers, and standing in line at the cardboard play bank the children built. I say th at school is not making arithm etic “ meaningful," but is instead dem onstrating just one narrow use o f num bers, and is taking the long way o f doing it. I doubt if forty-five m inutes a day devoted to bank playing is a better use o f the time than showing children that num bers are thoughts, and combin ing this idea with drill in arithmetic. Emphasis on thought is missing from all subject m atter in our local school sys tem. The high-school science program s are nothing more than magic shows o f curi ous facts. They deal with such m atters as How To tell one detergent from an other by certain chemical tests. They do not deal with understandings o f basic re lationships or with the historical develop ment o f scientific m ethod. All our rigor ous courses arc presented in term s of techniques to be memorized for special occasions o r as something about which the child can learn something in a vague, unspecified future if he ever really finds it necessary. T hen, as if this were not enough, original thought and individual initiative are discouraged, as we shall see. Meanwhile, there arc other goodies for our children to nibble. High schools in our area offer lessons in How To an swer the telephone, buy a house, buy in surance, dress properly, shop wisely, ap ply for a Federal job, drive a car, behave on dates, curl hair, typewrite, fly-cast, decorate a living room and budget pocket money. This is not asking children to use their heads as best they can—it’s simply giving them formulas. As I see it, the cause of the schools’ fail ure is not the teacher shortage, nor the argument that a public school m ust teach the mass, and hence must lower its standards to the level o f the plodders. I think the trouble lies in a zany educa tional philosophy, first seen in full leaf at Columbia University’s Teachers Col lege several decades ago, which has now found such general acceptance that it is no longer called “ progressive” o r even “ m odern." The cornerstone o f this phi losophy is the quaint notion th at no course o f studies can train the mind. The dean o f one teacher factory told me that studying algebra, for instance, leads to nothing but a knowledge o f alge bra. He said it does not discipline the mind in a way o f thinking. Thus, he said. English teaches only reading, writing, lis tening and speaking skills o r techniques. History, he said, does not dem onstrate a way o f thinking to most children, but merely clutters their memories with a lot o f dead facts. Likewise, chemistry teaches only chemistry, and so on. “T hat is why,” he told me, “we say ‘We teach children, not subjects.’” T h e next question was, “W hat do you teach children?” and the teachers-collegc answer was—and is—“ life adjustm ent.” By this, our public-school men mean that whatever a child learns m ust be up-todate and immediately useful to that child's getting along in this world. Hence, subject m atter is not presented as thought but as vocational technique wedded to present reality. Meanwhile, the schools concentrate on good citizenship and be havior. They try to indoctrinate children with respect for the. rights o f others. They harp on the need to listen to everyone’s point o f view, just as though all points of view were valid. They offer behavior conditioning program s emphasizing con formity. Advanced-learning groups arc discouraged or disguised in an attem pt to hide from the rest o f the class the fact that some children are brighter than others. O ur school, in com m on with too m any others, makes life adjustm ent its chief educational aim. Now, if a child is obviously m alad justed, I think the school should help him. But I also think m aking life adjust ment for everyone the first aim o f public education implies our children are all m aladjusted; that our homes, churches and social agencies have failed and that o u r community is m orally bankrupt. There is no reason for this assum ption in my community, where, as in yours, the maladjusted child is the exception. One result o f life adjustm ent in our school system is that relatively less time is spent on intellectual matters, and o u r children com e out well-behaved little know-noth ings, which is exactly what they were when they entered. A nother result is m ore serious. O ur son, C hristopher, put it thus: “ I learned how to get along with the group, all right. All you do is shut up o r tell them (the teachers) what they want you to tell them. If you don’t, the teacher says, ‘Y ou're talking back’ o r ‘Y ou’re getting ahead' and ‘Why don’t you just w ait?' and either way the class is against you. If you don’t do what everybody else does, you’re lonely.” O ur elementary school devotes the first three hours o f its day to a dreary stew called social studies—the intellectual, so to speak, com ponent o f life adjustm ent. Children learn to do everything together, in committees. They study food and trans portation. They snip pictures o f carrots and trucks out o f advertisem ents. They visit the local dairy to learn to call the m ilkmen “com m unity helpers." They see movies with little social messages, and the mental result o f all this activity could be put in your eye. The last two and a half hours o f the school day—after lunch, when the children are beginning to tire—are devoted to read ing, writing, spelling and arithmetic. O ur elementary school is a happy place. Together with educator W ilbur A. Yauch, author o f How G ood is Y our School?, it believes “ the task o f educa tion is to m ake children unselfish and in terested in others.” It claims to teach children better than ever, thanks to the elaborate lifelike m otivation techniques. This is simply not true. O ur elementary school fails to give children good indi vidual work habits and it fails to give them m astery o f the fundam entals. I'll let one o f o u r junior-high-school teach ers sum it up for me. “ Children come here unprepared," he 4 said. “They don't know their three R’s. They can’t work by themselves. Wc make junior high a transition for them . We tell them there are no m ore committees. Wc say two o r three can collaborate on their work if they need to, but they’ll each receive a lower grade than if each did his own work. We tell them there’s no collaboration at all in high school. Y ou’d be surprised how much this upsets many o f them, because they’ve been taught to do things together.” As our son breezed through elementary and junior high school m aking straight A’s, wc wondered if the work wasn’t pretty simple, because Christopher is not talented. The answer was that Chris was never asked to think; he simply relied on his good memory. When he read Dickens’ Christm as Carol in sixth grade, he was asked to retell the story in his own words, rather than being asked to write a paper on the meaning of the story. His exam inations consisted of tru e-false and m ultiple-choice tests. N either test requires a child to prove his grasp o f the thing learned, as written an swers would. Such tests do not ask chil dren to think; they merely ask them to guess. M oreover, we found Christopher fall ing into sloppy work habits. “ Why bother with th at?” he’d ask, when we’d suggest his inform ation on any subject seemed a bit sketchy. “ All I have to do is get an A, and I already know enough for that.” All in all, we suspected our school was not asking children like Christopher to use their brains, but we had no idea how deeply it underestimated children’s abil ity to do mental work until friends re turned this spring from three years in England. Their son, just C hristopher’s age, had in those sam e three years com pleted two years o f Latin, two o f French, a year o f algebra, a year of geometry and m ore work in history and English com position than o u r high school offers. I refuse to adm it English children are th at m uch brighter than our own. The difference is one o f attitude. The English school req u ired stu d en ts to attem p t hard mental work, while our school does exactly the opposite. N ot only does our school system postpone establishment of advanced-learning sections until high school, but once there, each child re ceives printed advice not to select the college-preparatory program unless he feels able and willing to do hard work. This is a curious statem ent in more ways than one, for it falsely implies there is real meat in o u r college-preparatory pro gram. A t any rate, a good many o f our children take warning, and select the gen eral course and driver training and girls’ chorus instead. Thus, one school in our area dropped European history because not enough students elected it. Thus, too, our high school will not offer French next year unless ten students sign up for it. It hurt us to sec Christopher sliding through a school that never asked him to think about the meaning o f a story or about the meaning o f anything else. We experienced in o u r school system what Adm . H. G . Rickover, chief o f the Navy’s atom ic submarine program , finds true o f the nation’s schools in general. Adm iral R ickover told the Edison Foundation last November twentieth that "the above-average child is kept from advancing at the speed appropriate to his ability, with the result that many lose interest in learning as such, others develop sloppy work habits, and some build up a false sense of superiority which convinces them that they are so smart they will never need to apply them selves to anything. The deadly routine sets in on these young and malleable Continued on Page 6 clergymen, businessmen, educators them selves and taxpayers. Some reflect sincere concern over the goals and methods o f modern education. Some arc no more than the snorts o f a few professional cynics and blowhards. A good many start from an isolated instance, get magnified by rum or, and then are presented as whole sale indictments o f all public education. The United States public-school sys tem embraces 30,000,000 youngsters in some 150,000 schools, all administered more o r less locally. 1 have no doubt that in this immense network there are sub standard schools. I know that some o f the teachers in this country are less than com petent. In view o f what we pay them, it's a miracle we have so many good ones. Some school systems have gone haywire on their curricula. The only 100-pcr-centsafe generalization is that there are good schools and bad schools—public and pri vate. Some schools, public and private, are “ traditional" in their approach, while others lean to the “ progressive." Two o f the most prominently "progressive” schools in the G reater W ashington area are private schools. A nother point o r two that must be re membered about public schools: Acceler ated birth rates, particularly since W orld W ar II, have dum ped into our schools vast hordes o f youngsters. Building pro grams, halted by the war, have just begun to catch up. Many schools are over crowded. Certified teachers are in short supply. The public schools must nonethe less continue to take all comers, the bright ones and the dum b ones, the quick and the slow, the kids from normal homes and the kids from troubled homes, the boy who will be an atom ic scientist and the boy who will sell neckties, the girl who will be a dress designer and the girl who will m arry early and have six young ones o f her own. Nowadays, almost ev erybody goes to high school. N ot so far back, it was only the brighter 10 per cent. T oday's world is nothing like the world o f a generation ago. Changes of al most im ponderable magnitude have been wrought by the autom obile, TV, atom ic energy, the Cold W ar, the trend toward greater specialization, autom ation, the need for managers, the creation o f more and m ore leisure. The public schools are supposed to accept our children—all our children—and to teach each o f them to live usefully in this world. The public schools must absorb a growing list o f chores. Draft rejections in W orld W ar II raised dem ands that the schools emphasize anew physical educa tion and health programs. The alarm ing increase in divorce has led to an insistence on m ore family-life education in the schools. Poor turnouts in elections have resulted in a clam or for m ore extensive teaching o f citizenship. Traffic fatalities have brought dem ands for effective driver training. Bm I do not m ean to defend the public schools by weeping over their problems. Let me tell you som ething about our schools in Arlington and how my chil dren are doing. This com m unity is typical enough to provide a reasonably good ex ample o f what today's good public schools are like. Arlington C ounty is primarily a bed room for people who work for the Fed eral G overnm ent in W ashington. We have few o f the very rich o r the very poor. M edian family income is around S7500, maybe higher. The adult-education level is com paratively high. O ur schools are financed primarily by local real-estate taxes. We have virtually no industry to help broaden the tax base and help foot the bill—and this hurts. There is some compensation in payments we receive from the Federal Government for being a Federally impacted area. Wc also get some money from the state of Virginia, but nothing like what we pay to the state in income and gasoline taxes. Some factors in Arlington thus favor a good school system; others militate against one. N et, we are probably in bet ter shape to have good public schools than many other communities, and our school system is, in fact, considered to be am ong the top half hundred in the na tion. But we weren't born with it; we had to fight like dogs to get it. The present system is only ten years old. Prior to 1947 a political machine indifferent to the growth o f the community refused to modernize and expand what was essen tially a second-rate, rural school system. A Citizens' Committee for School Im provement organized itself, campaigned for an elected school board, spearheaded a drive to pass bond issues for new con struction, and kept applying pressure for adequate school budgets. The crucial element here was the col lective will o f the citizens oQ Arlington. They got a sound, up-to-date school sys tem because they wanted it and were will* ing to w ork for it. My son. Herb, is now in the eighth grade, in junior high school. He has gone through the Arlington elementary schools. My daughter, Carolyn, is in the fifth grade. My wife and I feel easier about her than we did about our son, because we did our pioneering with the boy. I think most parents pass through a similar experience when the oldest child hits the first grade. Things have changed since we went to school. Much o f the con fusion and misunderstanding about con tem porary schools stems from changes that m ost o f us have been unaw are o f because we have been out o f touch. There have been changes in the prac tice o f medicine, too, but in this and most other areas o f living we have all seen and digested change as it has occurred. Schooling is an exception. W e'got out, and that's the last we saw o f the inside of a school until o u r firstborn entered one. Suddenly we notice that they don’t do things the sam e way. Classes are less formal. Children are encouraged to ask questions. They may be split up into three o r four groups. Textbooks are colorful and actually look interesting. The rigidly departm entalized subjects have yielded to m ore fluid organization. At best, we are surprised: at worst, an gered. O ur egos rise up to confuse our judgm ent. W hat goes on here? Why the fancy changes? D o these school peo ple think we parents weren't decently edu cated? Waves o f nostalgia then pass over us, and we remem ber in a rosy haze all those nice teachers we had, how wonder ful school was, how we really had to work, how we really got our lessons down pat and no fooling, and how, by golly, this molded our characters, which, of course, are quite high. "N o doubt about it," we think, “ the public schools aren’t what they used to be." Said a Citizens Comm ittee in Madison, Wisconsin, after visiting certain class room s: "Alm ost universal lack o f dis tinct articulation, proper pronunciation and correct spelling." This is a common criticism. The report is dated 1901. I receive in my work a spate of letters from businessmen and parents deploring the failure o f today's children to m aster the fundamentals. Actually an impressive num ber o f tests have been run by educa tors. Old exam ination papers have been dredged up and given to contemporary children. The present-day youngsters al most invariably outscore their counter parts of former years in arithmetic, gram m ar, geography and reading. Many new insights into the learning process have been acquired in recent decades. Teachers generally know a great deal m ore about their jobs than their predecessors did. This knowledge is backed up by a vast body o f research. It has now been pretty well, dem on strated, for example, that individual chil dren m ature at different rates. One sixyear-old may be ready to read; another child may not be ready until he is eight, not because he is lazy o r “ bad," but be cause he just doesn't have the skill yet. Real learning, the psychologists have also discovered, requires some kind of motivation o r interest on the part o f the learner. This interest may be provided by rewards or by punishment. At an early age rewards are probably more ef fective than punishments. Drill as an instrument o f learning, it has been found, has limitations. Every body knows the story of the boy who kept saying, “ I have went." The teacher made him stay after school and write “ I have gone” 500 times on the blackboard.. Next day she found the 500 statements plus a note. “ I have written it 500 times. It is six o'clock. I have went hom e." Learning is m ore meaningful if it is “ adjusted to life.” The so-called “ lifeadjustm ent" approach does not spurn the basic skills o r discard academic sub jects. It merely tries to m ake education m ore lifelike. My son was led into the study o f fractions and percentages by being shown how to com pute the batting averages o f baseball players. He also checked prices in newspaper ads to see what percentage could be saved by buy ing a bicycle from one store rather than another. Percentages to him are real. Some people maintain, nevertheless, that the schools should junk all this “ m odern nonsense" and return to the good old ways o f teaching. I realize there arc some educators who have perverted the newer insights into all kinds o f absurdities. In a few schools, public and private, there is the “childcentered" curriculum where the kids do pretty much as they please, where there is little discipline, where some subjects may even be discarded if the children are not interested in them. Some o f the m ore ex trem e examples of this sort o f “ progres sive education" have been represented as typical. In fact they are not. My daughter. Carolyn, is an alert and imaginative child, with a m arked desire to do every job well. During her first year in school she just could not read—just as she could not run 100 yards in ten seconds. A generation or tw o ago she would have flunked the grade. As it was, she was encouraged to keep trying. The next year she began to pick up slowly. A handful of other children were in the same boat. These children read one text while the m ore advanced children went on to a m ore difficult one. The children in C aro lyn's group received special coaching. In the third grade, and again last year. Carolyn began to move ahead rapidly, and she now reads on the “ norm al” fifth-grade level. The way her situation was handled makes sense to me. To say she was spoiled or inculcated with a dis regard of proper standards docs not. It is the public high schools that really arc catching it for a whole parcel of supposed shortcomings. The argument runs that the traditional academic pro gram is being crowded out by vocational subjects and diluted to meaninglessness by frilly electives in such subjects as glee club and dating techniques. The kids who want to study such quaint subjects as mathematics, languages and science al legedly must go to private school if they are to get a decent education o r get into a respectable college. Let's see. My son is taking the follow ing required eighth-grade courses: Gen eral education—a com bination o f Eng lish and social studies whose area of study this year is United States history and geography—m athematics, general science, physical education and health. He had a choice o f one elective from these: home economics, art, newspaper production, industrial arts, choral music, instrum ental music, general speech and library methods. His elective—which his parents elected—is instrum ental music. Ye?, the choice o f electives is broad, and will stay fairly broad throughout high school. Some o f these electives may be considered quite nonessential to some folks, but quite im portant to others. Herb will get no chance to fritter away his high-school days. He has been observed and tested to see w hat his interests and aptitudes are, and his program will be set jointly by his teachers, guidance counselor and parents. In the college-preparatory program which Herb probably will follow in senior high school, these courses are available: French, Germ an, Spanish, Latin, algebra, geometry, trigonometry, biology, chemistry, physics, English, social studies, art and music. This youngster o f ours has turned out to be above average in general ability. H e is quick—and for several years his teachers have occasionally graded him down for being careless. He shows high aptitude for arithmetic. He was am ong a small group o f seventh graders who late last year were given the eighth-gradcarithnictic text and special instruction by the teacher. This sort o f advanced in dividualized instruction is typical of good m odem schools. Herb got all A 's last year, except in industrial arts—the kind o f elementary course in shopwork that was called m anual training in my day—in which he got a B. When we asked how come, he said he had been goofing off. He has learned that he will be penalized for not wording up to his standard. As 1 said before, a few folks in Arling ton charge that o u r high schools don’t do a first-class educating job. There is con crete evidence that this charge is not true. About 1000 youngsters were graduated from the Arlington high schools last June. This senior class garnered 172 college scholarships worth about S270,000. Eight seniors received appointm ents to West Point, Annapolis, the Air Force Academy and the C oast Guard Academy. The scholarships were to such repre sentative institutions as University of Virginia, University of Chicago. Brown, Duke, D artm outh. Oberlin, Cornell. Princeton, Stanford, California Institute o f Technology, Yale, University o f Wis consin, University o f Pennsylvania, Car negie Tech, Massachusetts Institute of Technology. Vanderbilt, Harvard. The Director o f Admissions at Massa chusetts Institute of Technology recently w rote the principal o f our WashingtonLee High School: “ I have reviewed the record o f W ash ington-Lee High School students. Since 1941. 17 students have entered M .I.T. from Washington-Lee. and their aggre gate record is an excellent one. O f the 7 who have been here long enough to grad uate. 6 have actually graduated and 2 have, in addition, received m asters' degrees.” Reports the Office o f Admissions, Continued on Page 7 �NO minds . . . children whose minds are not challenged become frustrated and often turn into poor pupils from sheer boredom .” Over and over again, our children— yours and mine—hear teachers say, ‘‘D on’t get ahead o f the class." O ur ele mentary-school children are told not to take their readers home, for fear they might read ahead. Christopher’s juniorhigh arithm etic class was taught to use a table to find square roots. Two o f his friends loved arithm etic and did outside reading. They found a way to extract square roots without a table, and that the m ethod was easier and m ade more sense to them than the teacher’s. De lighted, they took their discovery to class. Instead o f complimenting them for enter prise, the teacher squashed them. “ How did I tell you to do it?” he de m anded. “ D on’t you think you ought to do it our way? D on’t you think you shouldn’t get ahead of the group? We’ll get around to your way later on.” “They always say, ‘D on’t you think,’” Christopher reported. “ ‘D on’t you think you should go along with the group?’ ‘D on’t you think,’ ‘don’t you think.’ They always mean ‘D on’t you think you shouldn’t think what you think?’” This is not an isolated example o f a p oor school and a poor teacher. Given space, I could prove it typical. I have mentioned that ours is considered a good school and that our teachers arc good people. This really says nothing, because the school is judged by accreditors who seem to think a m illion-dollar plant guar antees educated graduates, and who be lieve in the life-adjustment program . Our tcachers-college technicians o f education have elected themselves judge and jury o f their own work. O ur classroom teachers have no choice o f what to teach o r how, and some o f them resent this. Children go through twelve years of ou r public schooling and emerge still shaky in the simplest things. O ur senior high-school English class is clear proof. “ Chiefly,” our school says, “ the senior English course is a review of the language s k ills (italics mine), the skills o f listening, speaking, reading and writing. . . . Al though teachers provide opportunities for longer compositions, they concentrate on the sentence and the paragraph; the pupil need is still in this area.” Thus, in the last year o f higher learn ing that most o f our children will ever know, they are still trying to learn how to listen, still trying to learn how to write sentences. Somewhere in those twelve years, it seems to me, someone has failed. T hat children leave M aryland high schools unprepared for college work is evidenced by com plaints from the Uni versity o f M aryland, an institution never particularly distinguished for its intellec tual accomplishments. T hat the nation’s high schools have failed generally is shown by D octor C onant’s statem ent : “ If a lay m an really wishes to hear eloquent evi dence as to the inadequacies of our public secondary schools, let him talk to the pro fessors on alm ost any cam pus.” P itifu lly enough, our schools produce children unable to meet the Army’s m od est dem ands of its enlisted m en. The cap tain of one o f the Nike batteries defend ing W ashington from atom ic attack told me he simply didn't know how anyone could expect him to rely on the kind of teen-agers the draft sent him. “They can’t even add o r subtract,” he said. “ I have to read their mail for some o f them and write their letters home for them. A nd outfits like mine are supposed to be getting the cream o f the crop. G od knows what the rest are like if mine are the cream .” The failure o f o u r public schools can not be explained away by o u r schoolmen, who argue “ We have to teach everybody these days.” They say this in a hurt tone that implies everybody’s child is a dither ing jackass, but I have not yet been able to discover this is indeed the fact. As I read the schoolmen’s own statistics, the num ber o f juvenile jackasses is exactly as small as the num ber o f geniuses am ong us. W hat I find in practice is that our schools pam per the jackasses, stuff the geniuses under the rug, and meanwhile envelop everyone in that fatuous diaperism they call life adjustm ent. My wife and I believe the school should at least ask children to try to think if it can’t train them to think. We believe every child from the nitwit to the young Einstein needs to be asked to use his head as best he can, and if the school makes this its first aim , then we say the school has m ade a greater contribution to that child’s adjustm ent to life than if it has merely taught him how to curl hair, be have himself in the back scat o f a car, buy a pair of pants and type a letter. Therefore, we think the schools should insist th at all children stub their mental toes on rigorous subjects presented as thought. N o doubt this will result in some failures. On the other hand, who is to say a failure learns nothing from his course? As a schoolboy. Sir W inston Churchill flunked everything in sight. This fall our children will attend a rickety building set am ong busy city streets. The classrooms arc dingy, the floors creak, and generations o f cducands have left their initials in the old-fashioned desks. We doubt whether o u r children will be aware that the walls are not gaily tinted, because they’ll be too busy work ing with golden things. They will become acquainted with the cultural heritage of m ankind, because the school believes, together with Sir A rthur Bryant, “ the key to a nation’s future is in her past. The nation that loses it has no future. . . .’’ In private school o u r children will study the liberal arts—those arts which, if m astered, set man free. In senior year they won’t concentrate on trying to write sentences nor will they be reviewed in how to listen. Instead, they will read C onrad, Eliot, Thoreau, Veblen, Bene dict, Lewis, Huxley, Swift, Forster, Joyce, Fitzgerald, Jesus, Plato, Shaw, A n derson, Silone, Crossman, Mill, The Bill of Rights, Machiavclli and Hardy. Then they will write essays on these questions: W hat is the relationship of man to the state? W hat is the source o f our values? How valid are they? W hat is the nature o f tragedy? Is man progressing? Toward what? W hat is the good life? W hat right has the individual to disagree? How much must he conform ? W hat is loyalty? Here is life adjustm ent, if you will, but a real adjustm ent based on understand ings rather than on manipulative tech I nique o r mass indoctrination in good group behavior. The children at this school arc not all geniuses. They are ready to read such authors and write on such questions because the fundamen tals have been presented to them not as skills, but as thoughtful means o f expres sion, and they have been asked to think about the meaning o f everything they’ve studied from first grade up. We arc not sending o u r children to this school in order that they may go to col lege. If they m aster the private-school work, they will be prepared for college. If they want to go, they can take themselves. W hat our children will do in later life does not concern us. W e can’t lead their lives for them. We are certain, however, that whatever they do they will do better if they have been asked always to use their heads and have had some practice in the m atter. The real reason we arc sending our children to private school is that the school we have selected will re quire them to use w hat brains they have as best they can, and that our public school docs not. M y wife and 1 have thus made our ex pensive separate peace with our educa tional system, but we do not leave the field with light hearts. We think contin ually o f those whom we have left behind; of children as bright as or brighter than our ow n; o f children whose potentialities will never be realized by a school system which puts conform ity ahead o f accom plishment, which substitutes techniques for understandings, which underesti mates children’s desire and ability to do hard mental work and which—there are no other words for it—defrauds our youth o f their right to a decent education while pretending to adjust them to life. We have no doubt that our teachcrscollcgc schoolmen arc well intentioned, but the way to hell is paved with such in tentions, and when we consider that a nation's schools are the bulwark o f its freedom, and then look a t our schools in the context of the hydrogen-bom b age, we fear we sec th at well-paved path stretching out before us all. Thoughtful men may save themselves; robots—no m atter how well adjusted—never will. THE END California Institute o f Technology: W-L students have made the highest grades after entrance o f any secondary-school youngsters enrolled. The records o f Arlington public-highschool graduates in these notoriously tough institutions are eloquent—particu larly in light o f the com m on charge that public-school youngsters are ill-traine*d in m ath and science. P erh a p s the most significant evidence, however, is revealed in results o f College Board examinations. The purpose of these tests, given by a large group o f colleges, is to test the applicant’s intellect. As the College Board says, the only preparation for its Scholastic Aptitude Test is “a life time o f intellectual challenge.” Achieve ment tests, says the board, arc based on knowledge o f facts plus the ability to rea son with them. College Board scores run from 200 to 800. The bulk o f the youngsters who take the tests arc public-school pupils. How ever. the percentage of all public-school cnrollccs who elect to take College Boards is smaller than the percentage o f all private-school enrollees who elect to take them. T hat’s mainly because lack of money keeps a lot of public-school kids from planning on college. Here arc the most recently tabulated complete results o f College Board scores. The figures, noting the com parative grades o f public-school and privateschool boys and girls, average the work o f sonic 45,000 students. Scholastic Aptitude Test (Verbal) Scholastic Aptitude Test (M athematical) Achievement Tests English composition Social studies French German Latin Spanish Biology Chemistry Physics Intermediate M ath Advanced M ath Public Private 484 482 514 492 521 525 506 509 557 486 508 540 549 530 582 523 511 526 492 530 500 49! S22 518 495 575 The public-school youngsters thus out- scored the private-school youngsters in both aptitude tests and in all subjects ex cept English com position, French and Spanish. A general com m ent from the Director of Admissions o f a m ajor Ivy League col lege is revealing: “Since 1949 we have had a gradual in crease in enrollments from the public schools. This has not been by design, but simply has evolved from the nature of the qualifications of the individuals who have applied and, obviously, from the relative grow th in public-school populations. “W e have, however, kept some data on the academic work o f the publicschool groups and the independentschool groups on succeeding classes with the sam e results discovered in an earlier study; namely, that on the average, graduates o f public schools perform academically better than do the boys from the private schools." If there is no substance to the general ized charges against the quality o f publicschool education, how come all this pro private-school talk? Let me say again that in some places a particular private school may be notice ably better than the local public school. Some parents feel they are trapped in a desperate situation where reconstruction o f the public school is too big a job,-and they conclude they should send their chil dren to a private school. Other parents favor private schools be cause that has been the family tradition. It is difficult and a bit im pertinent to try to psychoanalyze somebody’s belief in a given tradition. It may reflect generations o f pride in a high-minded way o f life. It may reflect a desire to m aintain social status and prestige. There are still other parents who prefer that their children be in a m ore select o r refined environm ent. Private schools all cost money. They all cost m ore than public school, and some cost a whale o f a lot m ore. F or most American families, a private boarding school is prohibitively expensive, and even the cost o f most private day schools comes high. This means that private schools arc tequired to take only the sons and daughters o f families who can afford to pay the price. The few scholar ship students in private schools hardly dilute the attendance. Enrollees in most private schools are silver-spoon kids. The heads o f the belter, highly respon sible private schools deplore this fact. They would like to select, solely on merit, those youngsters who are fit for the superior education they wish to give. But they still must run their schools on a price basis. The second- and third-rate private schools operate without qualms on a price basis. The last place in the world I want my children is in an institution where mem bership depends on a com fortable thick ness in papa’s wallet—where the princi pal requirem ents for getting along are the expensive car and the expensive wardrobe. I hate to see so much money and effort drained into private schools. And it isn’t only the direct drain o f money. Private schools have another debilitating and even dangerous effect on the public schools. When a parent pays a special tab for a private-school education, he usually is not too willing to vote for higher taxes to support public schools in which he has no personal interest. I do not question anyone’s right to m aintain o r support a private school, but I do say that support o f public education is a basic obligation o f citizenship. I can not shake the conviction th at private schools in twentieth-century America may be an anachronism. The link between private school and parents is usually weaker than tfic link between public school and parents. The private school represents a service that is bought; the public school is a com m unity institution which the citizens support and can control. This intimacy o f relationship am ong home, com m unity and public schools—which accounts for P.T.A.’s and all the other apparatus of co-operation— is extremely desirable, it seems to me. After all, the child at home, the child in the neighborhood and the child at school arc all the sam e child, one and indivisible. My wife and 1 think our children de serve whatever time and effort we can contribute to the schools, and we have learned that the schools arc grateful for the contribution. This contention that the “ school people” want to “ take over” and don’t want any “ interference" from the parents is quite ungrounded, at least in our schools in Arlington. Some years ago 1 happened to ask our principal why she thought narrative re port cards were superior to the ABC cards; this was just an inquiry—1 was curious. The following year she asked me to be chairm an o f a study group on report cards. This was a local school group com posed o f a dozen parents, of various points o f view. W e hashed it out and wrote a report. The next year I was asked to be chairm an o f a similar county-wide com m ittee. This group sub sequently m ade a report to the school board recommending certain changes. The changes were made. I cite this as ordinary procedure in Arlington. T h e school board appoints advisory committees o f parents for each school Reprinted by Special Permission of THF SATURDAY EVENING POST d it io n s : t is in g ( 1) and names advisory councils in such areas as libraries, personnel policies, text books, art and hom e economics. Some 400 Arlington parents serve on these bodies. They arc another reason why we have good, strong schools here. Those o f us who do take part in these activities arc not professional educators o r professional busybodies. We believe that a little constructive participation in school matters is less wearing and more useful than grousing o r throwing stones from the side lines. Yes, o u r children are where we want them —in our local public schools. My wife and I have heard all the criticisms; we have investigated and have found them basically without truth. We know the Arlington public schools arc excel lent, and we have no reason to indict the public schools o f a great many thousand other communities. W hat is it that a parent wants for his children? F or Herb and Carolyn I think what I want most is that they will learn to think, and to think responsibly. I want them to have a chance to develop all the ability they may possess. But as they learn to think with their heads, I want their feet to be planted solidly on the com m on ground which nurtures all of us. I want them within, not above or alongside, the course o f events. I want them to have a fair and equal start, but no head start prearranged for them by their parents. Like every other parent, I think my children arc sm arter and nicer than m any other children, but to make an im portant distinction, 1 don’t think they arc any better. 1 want them to learn—and they will learn in the m icro cosm which is the public school—tliqt this is a world full o f good and evil, o f energy and slothfulness, o f greed and honesty. I want them to understand that there is no • necessary correlation be tween virtue and money, between de cency and the circumstances o f birth. I want them to mix, as they do, with the children o f the Ph.D., the ironworker, the man who runs the grocery - I want them to learn to achieve, and also to be tolerant and humble. I want my children in no hothouse, no headm aster's private preserve, no snob factory. If they want to go to an elevated private college later on. th at’s fine. By that time they will be proof against being made prigs o r jerks. I will keep my children in public school, and will continue to stew around, along with my neighbors, to m ake those schools the best possible. “The common school.” said Horace M ann, “ is the greatest discovery ever m ade." He was T h a t it m a y n o t b e used fo r a d v e r u n d e r a n y c ir c u m s t a n c e s , (2 ) th a t n o o n e o u t s id e T h e C u r t i s P u b l i s h i n g C o m p a n y m a y a l l i x C o p y r ig h t pany. by T h is a r t ic le S a tu rd a y I ) 1957 E v e n in g The has C u r t is been P u b lis h in g C o m r e p r in te d P ost u n d e r th e fro m fo llo w in g an o r g a n iz a tio n The and con m a te r ia l m a y 7 (3 ) th a t nam e o r any no s o lic it a tio n a c c o m p a n y it . o th e r m a tte r to o r s a le s it . p r o m o t io n � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Reprint from the Saturday Evening Post, "Are the Public Schools Doing Their Job? No/Yes", September 21, 1957. 4 pages. Description An account of the resource Side by side essays by No, John Keats and Yes, Herbert L. Brown, Jr. Keats asserts schools are stifling young minds where as Brown contends public schools are superior over private schools. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Saturday Evening Post, John Keats, Herbert L. Brown, Jr. Date A point or period of time associated with an event in the lifecycle of the resource 1957-09-21 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_21 https://projectdaps.org/files/original/b21f5ae7a939b8509a852495346050db.pdf 5dd9e482869fbf5af13dc526afca8f01 PDF Text Text 0F--69UR3E I flKVB-RBAS-If^ I HAVE READ IT WITH GREAT PRIDE, BUT WITH DEEP CCKCERN; WITH PRIDE IN THE ACCOMPLISHMENTS OF OUR SCHOOLS UNDER THE LEADERSHIP OF A SCHOOL BOARD ELECTED BY THE PEOPLE FROM QUALIFIED CANDIDATES . IT WAS THESE SCHOOL BOARD MEMBERS WHO TURNED A POOR SCHOOL SYSTEM INTO ONE OF THE OUTSTANDING SCHOOL SYSTEMS IN THE COUNTRY. I HAVE READ .IT WITH PRIDE THAT ARLINGTON SHOUID BE LUCKY ENOUGH TO HAVE HERBERT BROWN, A MAN OF NATIONAL REPUTATION, A PARENT OF CHILDREN IN THE ARLINGTON PUBLIC SCHOOLS, TO TELL THE STORY OF ARLINGTON'S SCHOOLS TO THE NATION. THE VALUE OF THIS NATIONAL RECOGNITION TO ARLINGTON CANNOT BE OVER­ ESTIMATED. IT IS THE KIND OF ADVERTISING THAT NO CHAMBER OF COMMERCE COULD BUY. MODERATOR; THEN WHY ARE YOU WORRIED? MRS. 0 . ; I AM WORRIED BECAUSE WE HAVE LOST OUR RIGHT TO ELECT A SCHOOL BOARD AND SO TO KEEP THE SCHOOLS RESPONSIBLE TO THE PEOPLE OF ARLINGTON. I A M WORRIED BECAUSE THE TWO SCHOOL BOARD MEMBERS APPOINTED BY AIM ARE NOT SYMPATHETIC TO THE PRESENT ELECTED SCHOOL BOARD MEMBERS AND THEIR ADMINISTRATIVE POLICIES, AND ARE NOW HARASSING MEMBERS OF THE SCHOOL STAFF, TEACHERS AND PRINCIPALS. I A M WORRIED BECAUSE CERTAIN EXCELLENT SCHOOL EMPLOYEES HAVE QUIETLY LEFT THE SYSTEM, AND OTHERS ARE NOW MAKING INQUIRIES FOR JOBS WHICH WILL REMOVE THEM FROM SCHOOL BOARD MANAGEMENT BY HARASSMENT, NOT ENCOURAGEMENT. I AM WORRIED BY THE KNOWLEDGE THAT THERE IS NEED FOR ADDITIONAL CLASSROOMS, HOT NOW BEING BUILT BECAUSE OF AIM OPPOSITION. DID YOU KNOW THAT THERE WILL BE HALF-*DAY SESSIONS IN ARLINGTON'S HIGH SCHOOLS NEXT YEAR? MODERATOR; MRS. 0 . ; THE ELECTION OF HERBERT BROWN IS A MUST IN ORDER TO PUT AN END TO AIM HARASSMENT OF THE SCHOOLS, TO BOOST THE MORALE OF THE SCHOOL STAFF, TO BRIN3 THE APPOINTMENT OF SCHOOL BOARD MEMBERS WHO COMMAND THE RESPECT AND CONFIDENCE OF THE ENTIRE COMMUNITY, .AJ©^TO KEEP ARLINGTON’S SCHOOL SYSTEM WORTHY OF NATIONAL RECOGNITION. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Partial transcript of interview with Elizabeth Campbell, no date. Description An account of the resource Discussion concerns Mrs. Campbell's worries about the Arlington School System because Arlington has lost the right to elect its own School Board and about the contentiousness between the two members of "AIM" on the School Board and the other School Board members. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Elizabeth Campbell Date A point or period of time associated with an event in the lifecycle of the resource No date Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_20 https://projectdaps.org/files/original/2e1751d003ef87722ea6e4e66a65db51.pdf 1b86ec40b3cead56278ddb20f6d2e841 PDF Text Text Little Rock: The Battle B y R A Y F O R D W . L O G A N ’17 MK u, w V Logan ’17 T HE nation faces one of its most citizen, white or black, of South dangerous domestic crises since Carolina would be equal before the state and Federal laws and Constitu the bitter aftermath of the 1876 elec tion. Then, as now, professional tions. By the end of the century Southrons threatened the President Negroes throughout the South had with civil war in order to compel him descended to what one historian has to accept their way of life — third- called the“ N adir.” Governor Faubus has provoked a class citizenship then, second-class now, for Negroes. President Hayes, miniature civil war. He has inter a former general, abhorred war as posed the “ sovereign” state of Arkan does President Eisenhower. Hayes sas against a decision of the Supreme Court and against the President. The in September, 1877, had clearly re Governor insists that peace can be vealed his desire for peace and har mony in the South when he stated: restored only if the Negro students “ That one word [war] solved in my are withdrawn from Central High mind the problem of the South.” School. His trump card is sex; After thus leading from weakness, he knowing the South’s obsession with made a “ good-will” tour of the South sex because of its guilt complex, in order to obtain assurance from Faubus has been issuing communi governors, legislatures, the press and ques worthy of publication in C o n the people that they would observe f i d e n t i a l. faithfully the Thirteenth, Fourteenth and Fifteenth Amendments. hese “ vulgar” actions of Gover Governor W ade Hampton, whose nor Faubus and his two attempts to Red Shirts had overthrown the Re outsmart President Eisenhower may construction government in South help to swing the weight of public Carolina, had already warned the opinion in favor of the President. President: “ While he performs his Essentially, the Battle of Little Rock Constitutional duty, I think it is our is a struggle for the minds of men. duty to say to him that we will sus M r. David Lawrence has mounted tain his policy, w hether he be Demo his white charger to prove that the cratic or Republican.” Hampton President does not have the legal then preceded Hayes to Louisville authority to use Federal troops to and gave him another warning. The “ enforce” desegregation. But, so people of South Carolina had ex far as I know, he has not advocated ercised restraint, Hampton declared, impeachment of the President. Three because “ they knew, they felt, that deans of law schools in Virginia, bloodshed in South Carolina meant among many others, assert that the civil war in America.” Since South President does have the legal right Carolina was at last free, “ she in as well as constitutional authority to tends honestly, truly, bravely, and, use force. The picture of Elizabeth in the best acceptation of the term, Eckford obeying the order of the loyally, to fulfill all her duties to the Arkansas National Guard not to laws and constitution of the country.” enter Central High School, the Sharing the platform with Hayes scenes revealing the hate-mad mobs, at Bowling Green, Ky., Hampton the poise of Dorothy Counts of gave this veiled assurance: “ We can Charlotte, N. C., in her television pledge him that we will do all in our interview have won supporters who, power to hold up his hands while he is sustaining the Constitution of the D r . L o g a n i s P ro fe sso r o f H i s United States.” In brief, so long as lo ry a t H o w a r d U n iv e rsity . H e h a s Hayes accepted H ampton’s interpre a u th o r e d a n e w b ook , The Negro in tation of the Constitution, there the U nited States, a n A n v i l O r i g i would be no new civil war. Hamp n a l p u b l i s h e d b y V a n N o s tr a n d . ton’s q u id p r o quo promised that every November 1957 however grudgingly, believe in the supremacy of law. The abusive at tacks on the Supreme Court be cause of the desegregation decisions, the Watkins, Jencks and Nelson de cisions, have provoked the indigna tion of Conservatives. Big Busi ness, represented in Arkansas par ticularly by Mr. Winthrop Rocke feller, are taking a second look be fore they relocate Northern industry in the South. Ministers of churches in Little Rock and elsewhere are praying to find out where God stands. Senator Fulbright, conveniently abroad, is silent. Senator Byrd, who is the pro genitor of “ massive resistance,” has recently introduced the argument that it costs $22,000 a day to protect each of the nine colored students at Central High School. Byrd further asserts that “ this whole business is simply to get the Negro votes up North.” O f course, both political parties are striving to derive the maximum benefit from the Battle of Little Rock. But it is somewhat amusing to hear Senator Byrd and others prate about the Negro vote in the North. Lynch ing, segregation, disfranchisement, low wages and insults to the dignity of the individual as a human being, and rosy dreams of life in the Prom ised Land of the North, drove about a million Negroes out of the South during and after World W ar I. Lynching had largely disappeared by World War II, but the other forces of push and pull drove perhaps another million Negroes into the North during and after World War 11. Even before the Battle of Little Rock, a new “ invasion” of the North had begun. It has now gained mo mentum. Carl Rowan, in his article in the S a tu r d a y E v e n in g P o s t. October 12, 1957, stated that a new Negro reaches Chicago every fifteen min utes. Many of the disillusioned move on to Los Angeles. Thus, the virtual reign of terror in some parts of the South has been a prime factor in making the Northern Negro the �Little Rock: balance of power in many local and state elections and even in the elec tion of the President of the United States. My faith in Divine Retribu tion has been restored. The North is reaping a fitting re quital for its naive belief in the “ New South.” After Hampton’s threat of renewed Civil War in 1877 rein forced the “ hands-off” policy of the North, presidents, the Supreme Court, Congress, the Church, Northern newspapers and magazines “ bought” the New South. God is now punish ing us Damnyankces. We did not believe that there existed in the United States the half-literate, un couth Negroes and whites who have now invaded our cities. This back wash of the vestiges of slavery and of Northern indifference or naivete may, however, in the long run prove beneficial, for the “ Negro problem” is now a national problem. Mean while, what about desegregation in Little Rock and in the South? Prosegregationists are delighted that the showdown is taking place in a state where gradual desegregation had begun, rather than in such “ They - Shall - Not - Pass” states as South Carolina, Georgia, Mississippi and Virginia. If the prosegregationists should win in Arkansas, the Deep South would be strengthened in its determination to say “ Never.” De segregation in Border states would be retarded. At best, the North Caro lina plan of student placement by local boards for reasons other than race would be widely accepted, even though some desegregationists assert that this plan constitutes “ massive evasion.” Perhaps the most hopeful aspect of the crisis is the fact that President Eisenhower seems now convinced that the Executive must take de cisive steps to support the decisions of the Supreme Court. He must now realize that it does make a difference whether he endorses a decision of the Court. He perhaps understands that, as he outsmarted the Nazis who thought that he was going to land at Calais, he must not allow Faubus, Byrd, Ervin, Griffin, Talmadge and Eastland to outmaneuver him. If he holds firm and thus helps to win the battle for the minds of men, he may yet emerge victorious. He may find that, once having broken the back of the mob, there is a thin shell of resistance, at least in parts of the South, as there was when he and General Patton broke through the Nazi lines in France. His great est victory may thus be not in World War II but in “ Civil War” II. If he should fail, the South would gain an even greater victory than it did after the First Reconstruction. The London Economist has defined Faubian tactics as “ the techniques of fighting a losing battle in such a way as to cause the greatest loss to all concerned.” It is not certain that he will lose the battle or that, even if he loses it, he will not win the war. But hope that he may lose both the battle and the war is strengthened by Wil liam Faulkner’s letter in the N e w York Times, October 13, 1957. The last paragraph reads as follows: “We, because of the good luck of our still unspent and yet unexhausted past, may have to be the rallying point- for all men, no matter what color they are or what tongue they speak, willing to federate into a com munity dedicated to the proposition that a community of individual free men not merely must endure, but can endure.” The Meaning . . . T HE next big fight on segrega grate, but the integration has been tion will be in Virginia after postponed until after election time. It Christmas, according to Benjamin (the integration order) probably Fine, education editor of the N e w will be ready after Christmas when we will have the next battleground. York Times, who spent 38 days cover ing the Little Rock story. Sponsored And more’s the pity, because every by the Williams Lecture Committee, time we have such an issue, it will Dr. Fine addressed an audience of hurt the nation.” Asked what effect such segrega 800 in Chapin Hall on October 18. “ Virginia has taken the most tion battles will have on the U.S., Dr. backward stand on integration and Fine said, “ We will weather it as will not permit its communities to individuals and as the U.S., but are integrate if they want to,” the speak we strong enough to weather it in er explained. “ Four counties in India, Asia and East Berlin? Even Virginia have been ordered to inte- our friends are wondering.” 4 Benjam in Fine In Dr. Fine’s opinion, the scien tific defeat the U.S. suffered when Russia launched the satellite cannot compare with the moral defeat we have experienced in integration which is “ stronger, more dangerous and more harmful. Without spiritual leadership we are a hollow shell — a second-rate spiritual power in a world that needs first-rate leader ship. “ What we need is better educa tion,” Dr. Fine argued. “ Most of the Little Rock mob had a third- or fourth-rate education. We must be careful because our liberal arts and humanities program may suffer at the expense of scientific training. For too long education has been con sidered a ‘ marginal luxury,’ and the results have shown up in Little Rock.” Dr. Fine insisted that in Little Rock, “ The troops were called out for political reasons, because no Arkansas governor has had a third term. Dr. Fine attributed much of “ the cancerous situation” in Little Rock to the political ambitions of Gover nor Orval Faubus, who hopes to be elected to an unprecedented third term as governor. In the queslion-and-answer period which followed the lecture, Dr. Fine was asked what effect the Faubus maneuvering will have on his third term aspirations. “ As of now, Faubus is in by a landslide because of support from the segregationists, states’ rights people and bigots. I hope it will change by next July, and it will if the good people do some thing about it.” On the political hopes of Faubus, Dr. Fine added, “The Governor of Georgia was a houseguest of Faubus. I firmly believe that there was some WILLIAM S ALUMNI REVIEW �L ittle Rock: kind of — not plot, but understand ing, to which Governor Faubus lent himself.” Dr. Fine elaborated this view following a question about a third party movement in the South: “ My guess is that Governor Faubus has been told, ‘You become our great white hope and you can name your own place on our third-party ticket.’ Probably he will become vice president — a candidate, I mean.” Other points Dr. Fine made were: The South’s attitude toward inte gration — 85 to 90 per cent are against integration, but they will ac cept it if it comes. The national picture— “ We are not out of the woods yet — we have our problems in the North, too. It doesn’t happen only in Little Rock. I spent three hours this afternoon trying to find out why New York City is dragging its heels on desegre gation.” Senator J. William Fulbright — he represents the majority view in Arkansas, “ and I think that’s why he’s a coward. I am convinced that if Fulbright and (Senator John B.) McLcllan had taken a stand Faubus would have cracked within a week.” Administration policy during the crisis— “ I think we need better leadership in Washington, frankly . . . Little Rock was a victory for a segregationist governor, but it was also a victory for the U.S. I won’t say for the first time, or the last, but President Eisenhower did take a firm stand . . . Between innings — no, that isn’t what you call them — — between the eighth and ninth holes at Newport a doctrine was es tablished. Three weeks too late, but he finally came to grips with the problem.” More Mark and Less Log During a pre-lecture party be fore his talk here, Dr. Fine de livered a pair of aphorisms on the subject of expensive schools and inexpensive teachers. When told the cost of the new Williams School in nearby Pitts field was pegged at $72,000 a classroom, he said that instead of building such expensive schools, communities ought to raise their teachers 50 per cent. “ Kids aren’t taught by bricks and mortar,” he declared, “ they’re taught by teachers. I ’d rather have a first-class teacher in a wooden building than a wooden teacher in a first-class building.” Asked what he would set as the requisites of a good teacher he added: Emotional stability; a good sense of humor and a good per sonality; a love of children; ideal ism and a love of the job, not just the need for a job; scholarship — a knowledge of the subject and a knowledge of how to teach it. A Christian Interpretation . . . By WILLIAM S. COFFIN, A College Chaplain NY Northerner discussing a son in the room, who best recognizes southern segregation problem how stuffy the room has become. had better recognize the truth of theAnd, finally, by way of introduc southern claim that the North, with tory remarks, there is no point in far less excuse, has not put its own glorifying the negro. The guilt of a house in order. sensitive white man only becomes Wherever negroes live in one part bearable with the recognition that of town, and whites in another, there negroes in a similar position might is an unsolved integration problem. do the same thing. Segregation is In communities where there arc no not a problem of white men or gen negroes there is likewise an integra tiles alone but of all men. If the line tion problem, for anyone acquainted is not drawn at color then it will be with Harlem housing knows that elsewhere. Sad proof of this is the negroes would quickly move to a discrimination in Israel by formerly community that was ready to wel persecuted European Jews against come them. In other words, there is their darker skinned and less well no community in the North without educated Yemenite brethren. a segregation problem. The second paragraph of the It is right for Northerners to heed Declaration of Independence begins: Southerners, and vice versa, for it is “ We hold these truths to be selfgenerally the outsider, not the per evident, that all men are created November 1957 equal: that they are endowed by their Creator with certain unalien able rights; that among these are life, liberty, and the pursuit of happi ness.” Historically these truths have been anything but self-evident. How selfevident were they to the signers themselves, many of whom were slave holders? To determine equali ty or inequality, one needs a stand ard of measurement, and standards have differed sharply from culture to culture, from religion to religion. For a Jew or Christian the stand ard was given long ago in the com mandment to love one’s neighbor as oneself. That the commandment has not yet been obeyed, or even uni versally accepted, proves, perhaps, that no commandment is more diffi cult. When the Bible says “ love your neighbor” it never assumes the neighbor is loveable; in fact quite the opposite. With its customary shrewd ness, the Bible also recognizes that there is little merit anyhow in loving the loveable, for if he is loveable he is loveable to me, he entertains me, he shares m y interests, he is loyal to me. Most of all, perhaps, he is loveable because he loves me. The criterion of loveability is my own self-interest, and when one really thinks about it, perferring any man to another is a self-interested choice. Recognizing this, the Bible insists that real love begins with the love of the unloveable: hence, in the Old Testament the injunction to love the stranger within the gates, and in the New Testament the injunction to love one’s enemies. Love of the unloveable is, of course, illustrated in Jesus’ love for the prostitutes, the hated tax collec tors — the lost sheep, the marginal cases, the ones the rest of the world put little stock in. Jesus’ criterion was not how men looked in other men’s eyes, but how they looked in God's eyes, and he was uncompro mising in his insistence that, however unequal in other respects, all men were equally loved by God and thus were of equal value. Equal value in God's eyes means each man's right to full self-develop ment as a child of God. No re striction of freedom, then, is ever morally justified at the expense of personal self-fulfillment. It is at this point that Southern paternalism is in error. “ We take good care of our negroes” does not mean “we allow them to develop themselves fully through participa- �Little R ock: tion in the community on an equal basis.” This “ good care” is an alogous to the care of the mother who keeps her grown son tied to her apron strings. If she really loves him, let her love him enough to grant him his right to his own selfdevelopment. To those who feel the negro in herently has a more limited self to de velop one can only say there is no objective evidence for this, least of all in the field of education. Army tests in World War II showed a higher IQ among Northern negroes than among Southern whites. Does this mean that Southern whites are inherently less intelligent than North ern negroes? “ Negroes don’t want to be equal” is a justified claim except, perhaps, in respect to the numbers who don’t. But what does this mean.? Isn’t the acceptance of an inferior status the most pathetic symbol of human de gradation? Many Roman slaves, and in 1861, many Russian serfs, did not want the responsibility of inde pendence. Neither do many grown children today. But isn’t the point to encourage them to assume re sponsibility for their independence, to encourage them to participate in the community on an equal basis? For without responsibility there is no real participation, and without par ticipation there is no full self-realiza tion. How contradictory is that position which at one and the same time accuses the negro of being in ferior and denies him the possibility of becoming an equal! Policies of desegregation, rapid or slow, which grades first, are far less the concern of the Northerner. The people in the stuffy room know bet ter where the windows are and how much fresh air can be let in without everybody catching cold. Also, where policies depend on technical deci sions, the judgment of a Christian is no more reliable than that of a nonChristian. However, in weighing various policies Christians should bear two things in mind. First, there will be no happy solution, for Christian realism recognizes that self-interest so affects our views, our pride-swol len faces, so closes our eyes, that many of us will not sec our prejudices, much less give them up. Reform as always will be resisted most by those who will profit by it the least. Hence, right always needs a cer tain amount of might. Although it may be an agonizing sight to see, children escorted to school between rows of fixed bayonets, the alterna tive may be far worse, for it appears that without some force on the part of the majority, the minority might succeed in keeping the children out indefinitely. In other words we are not going to have the luxury of choosing between good and evil, but the necessity of choosing between greater and lesser evils. The second consideration is this: Whatever else the meaning of Sput- Tax-Saving Contributions Thomas E. Jenks ’31 has com piled a 12-page pamphlet on how alumni can utilize tax saving in contributions to Williams. The Alumni Office will be happy to send a copy to interested persons. Among the tax-saving methods considered are: appreciated prop erty, gifts of income, gifts of prop erty with income retained, and gifts subject to indebtedness. If you should like a copy, it will be sent promptly on receipt of your request. nick's “ beep, beep,” it means that the world is shrinking rapidly, that either we learn to love one another or we shall surely destroy one an other. Love of neighbor no longer means the man next door, nor even in the next state or country. Gover nor Faubus has yet to take in the fact that he has as neighbors to be loved the majority of the world’s popula tion which does not share his skin color. We are kidding ourselves when we think the events at Little Rock arc local. The world press is showing how badly we Americans have let down our colored neighbors the globe around. Isn’t it time we had another long look at Paul’s statement that “ there is neither Greek nor Jew; there is neither male nor female; there is neither slave nor free; foryou are all one in Christ Jesus.” T he W atch a n d th e I v y — By ROBERT ADOLPH *57 a l Class Day Flower o f Fairfield! and Westchester’s boast! Salt o f Shaker Heights! Grosse Pointe’s toast! Regard, students from college tossed, The world before us and this Paradise Lost. Watch this watch from our Gothic embattlement H url headlong toward th’ unyielding cement: Cogs, screws, gears, stem, strap, and the other guts Lie shattered among our discarded butts. Look downward, Senior, and tremble with fear A t the ruins o f time deposited here — Our past on the pavement, four years o f heaven, W hat have we done with them, fifty-seven? Though this be a day of wistful reflection Upon time lost and our future direction. This day of love I shall not focus Upon the fraternal hocus-pocus. M y function now is to end our mood Of sober pompous platitude; Therefore I hail, as class confessor, Every underpaid professor. Laud with lute and saxophone 6 Each new Ford Foundation loan, A n d may we never finish praising Phinney Baxter’s money-raising. 0 whomp the gleaming glockenspiel For J . Clay H unt and Jack O’Neill. Bang the tinkling silver bell For next month’s crop from Tel and Tel; Belt the drum, and blast the bugle For Earle O. Brown and Foehl the frugal. Smash the cymbal, ah, what is rarer Than lunch at the Union with Lahiguera? Ere with time and fate we grapple Inside Thompson Memorial Chapel, We praise alumni, teachers, dean A n d turn from the watch to the Ivy Green. Oh, ivy, ivy, on the wall, What’s the meaning of it all? W ith grief we see our eldest Eph Plant this symbol o f our belief That the world’s great age begins anew When all God's chillun, like us, are shoe. WILLIAM S ALUMNI REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Little Rock: The Battle", Rayford W. Logan, Williams Alumni Review, November, 1957. 4 pages. Description An account of the resource Historical perspective and current analysis of Little Rock, desegregation and status of Negros. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Williams Alumni Review, Rayford W. Logan Date A point or period of time associated with an event in the lifecycle of the resource 1957-11 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_18 https://projectdaps.org/files/original/9a0cebda513fd695a5d5f5f08f42fafa.pdf 4a607ed7ad7ca27c916a2fd645aae00a PDF Text Text A REPORT O N STATE LAWS Early Elementary Education by ARCH K. STEINER, educationist, Laws and Legislation Branch T HIS sum m ary o f basic le g a l provisions in th e States fo r e a rly ele m e n ta ry e d u catio n is current as o f Jan u ary 1, 1 9 5 7 . It revises a n d ex p a n d s inform ation reported by W ard W . Keesecker a n d M ary D. Davis in 1935 (Legislation The ta b le on th e next p a g e , w hich w as com piled from S tate statu tes, h a s b e e n checked for accuracy by th e sev e ral S tate d e p a rtm e n ts of education (all but tw o o f the States h av e returned th e ta b le ). Blank spaces indicate th a t C o n cernin g E a rly C h ild h o o d E d uca tion ) a n d by W ard W. e x p ress sta tu to ry provisions w ere n ot found on th e subject a n d th a t n o n e w ere rep o rted by th e States. K eesecker a n d A lfred C. A llen in 1 9 5 5 IC o m p u lso ry Educa tio n R equirem ents.) I N RECENT YEARS the States from 2 to 9 years and include many have intensified their efforts to different combinations. Twelve States provide adequately for the education provide for kindergarten attendance of young children in the public of the 4-to-6 age group. These are schools. Through legislation they Illinois, Kentucky, Louisiana, Minne have added or expanded services, sota, Mississippi, New Jersey, New widened the age ranges, increased York, Oregon, Pennsylvania, South their requirements for certification Carolina, Washington, and West of teachers of nursery schools, kin Virginia. Ten States provide a maximum age dergartens, and early elementary subjects, and shown a trend toward limit for nursery school and kinder financing early elementary education garten attendance but set no mini mum age. New Jersey and Wiscon from the general school fund. sin limit the maximum age for nursery AUTHORITY TO ESTABLISH schools to 4 years. Indiana, Okla AND ADMINISTER homa, and Tennessee have estab Practically all States now have lished a maximum of 6 years for both some type of legislation authorizing nursery schools and kindergartens. localities to provide for education be Other States with a maximum age of low the conventional elementary 6 years for kindergarten are North grades. In some, the legislation is Carolina, North Dakota, Ohio, Ver permissive; that is to say, the locali mont, and Virginia. ties m a y provide certain services if Ten States have fixed a minimum they need or require them. In others, age for nursery school and/or kinder the legislation is mandatory; that is, garten, but no maximum. For nur the locality is required to provide sery school attendance, Massachu services under certain conditions, setts has established a minimum of 3 such as petition from a specified num years; South Dakota, 4 years. For ber of parents. kindergarten programs, Maine pro Forty-six States have enactments vides for a minimum of 4 years; Ari providing for kindergartens. In 40 zona, Iowa, Michigan, Nebraska, the enactments are permissive; in 6 Nevada, South Dakota, Utah, and mandatory. Seventeen of these States Wyoming have a minimum of 5 years. also provide for nursery schools, all Other age ranges vary as follows: by permissive legislation. ►For nursery school: 2-to-6 range, Which States have done what is Illinois and Oregon; 3-to-6 range, shown in the table overleaf. New York; 3-to-9 range, Florida. AGES AUTHORIZED ► For kindergarten: 3-to-6 range, Colorado, Idaho, and Montana; 4Ages authorized for nursery school to-9 range, Florida; 4%-to-6 range. and kindergarten education range V o lu m e 39, N u m b e r 8 California; 5-to-6 range, Kansas, Missouri, and New Mexico; 5-to-7 range, Texas; 5-to-8 range, Alabama. Age ranges, where listed, extend from birthday to birthday. An anal ysis of this type does not lend itself to listing the many applicable exceptions to the ages indicated in the table for compulsory and permissive attend ance in the conventional elementary grades, or to those attendance ages for nursery school and kindergarten. Most State laws in this connection are subject to various exceptions or qual ifications. During recent years, California, Nebraska, and New York have en acted legislation requiring local dis tricts to admit to the first grade of elementary school any child in the locality who has successfully com pleted 1 year of approved kinder garten education. FINANCIAL SUPPORT State legislatures have provided various methods of financing nursery schools and kindergartens. The method most frequently used is local financing through the gen eral school fund. Seventeen States provide for funds in this manner. Included are Maryland and South Da kota, which finance both nursery school and kindergarten, and Michi gan, which provides funds only for nursery schools through this source. Other States that finance kindergar ten with local funds through the gen eral school fund are Alabama, Illinois, 1 �Legal provisions governing early elementary education in the public schools of the 48 States, as of January I, (957 NURSERY S C H O O L S S TATE A u th o r ity to establish (permissive or m a n d a to ry ) Entrance ages authorized K IN D E R G A R T E N S A u th o rity to M e th o d o f establish financing 1 (permissive or m andatory) 2 1 4 3 ’ Entrance ages authorized 5 A t least 5 . . . . T E A C H E R C E R T IF IC A T IO N M e th o d o f Degree fin a n cin g 1 required 6 7 Special ce rtifi cate for kin d e r garten 8 S pecial cer tific a te fo r nursery schools and kindergartens 9 ,— 1 w . i K i ix * P P M A t le a s t 4 . . . . LF -2 P A t l e a s t 3 1. . . X X X X X X LF-1 L F -2 S A -2 COMB * I M a in e 1 12 S A -2 COMB PF S A -2 U' 11 Provides curricu lum guides, standards, and general supervi sion fo r either nursery schools or kindergartens or both 13 S A -2 COMB III* to ’ 1 J* G eneral elem entary certificate sufficient COMB L F -2 X 9X p pi 10 G eneral c ertif ica te w ith specialization in prim ary grades X COMB M 0 Special c e rtifi cate fo r nursery, kindergarten, and prim ary grades S TA T E D E PARTM ENT OF E D U C A T IO N P U nder 4 ........... P P COMB N *w ^ N o rth C a ro lin a .......... is p O h i o . . . . . . ................... O k la h o m a .................. M P P M P P P U nder 6 .............. 2 - 6 .................... L F -3 PF P e n n s y lv a n ia .............. Rhode III d P 18 p A t le a s t 4 . . . . T exas.............. U ta h ................ L F -2 L F -3 18 p M io M ......... COMB L F -3 ........................... i 4 - 6 .................... U nder 6 ........... 5 - 7 .................... A t least 5 . . . . | j /Jer 6 | P A t least 5 . . . . LF-1 L F -2 6 -2 1 53/ 4 -2 1 6 -2 1 6 5 % -1 8 5-2 1 6 -2 1 X X X X X 5 5-2 1 6 -2 1 6 -2 0 6 -2 1 X X X X X X X X 46 5 <"> 5 -2 0 X X 4 5 -2 0 X 6 -2 1 6 -2 1 6 -2 1 6 -2 1 6 -2 1 6 -2 1 X X LF-1 COMB L F -2 6 -2 1 -6 X X X X X U nder 6 ........... 19 C O M B L F -3 U nder 6 ........... COMB 4 - 6 ........... S A -2 4 - 6 .................... 4 - 6 .................... A t Jeast 5 . . . < 53/4 X X L F -2 L F -3 COMB L F -2 L F -2 COMB L F -2 COMB NOTES 15 7 -1 6 8 -1 6 7 -1 6 8 -1 6 8 -1 6 7 -1 6 6 -1 8 6 -2 1 6 -2 1 6 6 X S A -1 LF-1 COMB 14 X X SA 1 P M a n d a to ry (ages re qu ire d to a tte n d ) 6 6 -2 1 6 -2 1 X x L F -2 H 1 la i|iiie N e w J e rs e y ................. N e w M e x ic o .............. Permissive (e x ce p t nursery schools or kindergartens) 1 The various methods of financing are indicated by symbols as follows: PF, privately financed by fees and contributions LF, locally financed: I Special school funds 3 Local funds and/or fees from parents L F -2 LF-1 GENERAL SCHOOL ATTENDANCE AGES X X X X X X X X 20 X L F -3 L F -2 S C H O O L L I F E , May 1957 X X X Volume 39, Number 8 X X X X COMB, financed by combinations of 2 or more integral parts 3 Authority to establish is limited to independent cities. 3 Nursery schools not included. 7 -1 6 6 -1 6 7 -1 6 (u) 7 -1 6 8 -1 6 7 -1 6 1 6 -1 6 4 7 -1 6 6 -1 7 7 -1 6 7 -1 6 7 -1 7 6 -1 8 7 -1 8 78- * If a child has completed 1 year of kindergarten he may enter the first grade regardless of his age. * Attendance is permitted at discretion of local board. 'School committees may provide extended school services for children aged 3 to 14 who are the dependents of working mothers. * Degree will be required in 1961. Additional training re- Nursery schools are authorized for separate municipal school districts only. " Mississippi repealed its compulsory attendance law in 1956; South Carolina, in 1955. u Local districts may establish kindergartens only after all “ Elementary school is a program of 8 grades, exclusive of kindergarten. Maximum compulsory attendance age is 14 in is Kindergarten is authorized by voters ot the district. 18 17 1 Local boards receive credit for kindergarten equivalent to * program. 7 -1 6 (“) X X SA, financed with State aid: 1 Per pupil formula 2 In the same manner as other State aid is distributed u Average daily attendance must exceed 15. X X L F -2 COMB 7 -1 6 7 -1 6 7 -1 5 7 -1 5 7 -1 6 .......................................... X 97 X 7 -1 6 7 -1 6 7 -1 6 7 -1 6 7 -1 6 7 -1 6 7 -1 6 6 -2 1 6 6 -2 1 7 -1 6 /— 16 7— 16 6 -1 8 6 -1 8 6 -2 0 6 -2 1 6 -2 1 6 -2 0 6 -2 1 7 -1 6 7 -1 6 8 -1 6 7 -1 6 7 -1 6 7 -1 6 i ' Includes all elementary grades. 19 Local boards may operate programs under such regulations 19 Mandatory in districts with population of 2,000 or more; permissive in others. M Requirements same as in elementary grades, with addi tional minimum requirement of 3 semester hours in student teaching in kindergarten. 31 Nursery school program must meet minimum standards u Makes use of weighted pupil formula in regard to net enrollment. 3 �Kansas, Maine, Massachusetts, Mis souri, Montana, Nebraska, New Hampshire, New Mexico, South Ca rolina, Utah, Washington and Wis consin. Four States finance with local funds but maintain the revenue as a special school fund. Included in this group are Idaho, North Carolina, and Texas, in which such a fund-raising device applies to their kindergarten programs, while in Mississippi it ap plies to both nursery and kindergar ten schools. Another method of local financing is through a combination of local school funds and fees from parents. Wisconsin makes use of this method for nursery schools, while Kentucky and Virginia use it for the kinder garten program. In addition, Okla homa and Tennessee apply this method to both nursery school and kindergarten programs. The next most widely acclaimed method of financial support is a com bination in various proportions of local funds and/or State aid. This may also include private funds. Twelve States make use of this com bination. One group includes Flor ida, New Jersey, and New York, w-hich provide funds for both nursery schools and kindergartens, and another group includes Massachusetts and Washington, which provide funds for nursery schools only. Seven addi tional States providing funds for kindergarten in this manner are Ari zona, Iowa, Louisiana, Ohio, Oregon, Rhode Island, and Wyoming. State aid is the means of support in nine States in the same manner as other State aid is distributed. In this manner, Indiana provides for both nursery schools and kindergar tens. Other States which finance kindergartens in a similar manner are California, Colorado, Connecticut, Delaware, Michigan, Pennsylvania, Vermont, and West Virginia. Minne sota and Nevada apply a per pupil formula for determining State aid for kindergarten support. Illinois and Oregon provide funds for nursery schools by privately fi nanced fees and contributions. TEACHER CERTIFIC ATIO N In general, States have enacted legislation providing for higher aca demic standards for certification. Thirteen States now make a college degree prerequisite to any perma nent type of certificate. These are California, Connecticut, Florida, Idaho, Louisiana, Maryland, Minne sota, New Hampshire, New' Jersey, New York, Vermont, Virginia, and Washington. A more significant trend, how'ever. points toward a greater degree of specialization, embracing a combina tion of subjects applicable to nursery school, kindergarten, and early ele mentary grades. Thirteen States issue a special cer tificate for kindergarten. They are Colorado, Connecticut, Idaho, Kan sas, Maine, Montana, New Jersey, New Mexico, North Dakota, South Carolina, Texas, Utah, and West Virginia. Four States issue a special certifi cate covering a combination of nurs ery school and kindergarten subject matter. They are Florida, Maryland, Mississippi, and Ohio. Eight States certify teachers to teach a combination of subject mat ter including nursery school, kinder garten, and early primary grade sub jects. They are Arizona, California, Indiana, Louisiana, Minnesota, New York, Oklahoma, and Wisconsin. Seven States issue a general cer tificate w'ith specialization in early primary education. They are New Hampshire, New' Jersey, New York, Ohio, Vermont, Virginia, and Wyoming. Thirteen .States require only a gen eral elementary certificate for teach ing in nursery school and kinder garten. STATE DEPARTMENT LEADERSHIP Recent legislative actions enable State departments of education to as sume a greater amount of leadership in providing curriculum guides, es tablishing more uniform standards, and authorizing general supervision to localities. Thirty-two States now have statutory provisions that enable their State departments of education to assume this more responsible role. In consulting the accompanying table for information on increased responsibilities of State departments of education, the reader may find in the column on teacher certification in formation which has implications for State department leadership. U .S . DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Office of Education Reprint froic SCHOOL LIFE, May 1957 4 SC H O O L L IF E , M a y 1957 GPO 9 2 5 1 7 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Report on State Laws, Early Elementary Education" by Arch K. Steiner, School Life, May 1957. 3 pages. Description An account of the resource Summary of basic legal provisions in the States for elementary education. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource School Life, Arch K. Steiner Date A point or period of time associated with an event in the lifecycle of the resource 1957-05 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_17 https://projectdaps.org/files/original/a912cedf9555da3cacb68b4275ed5182.pdf a93acf1a437fdee0ebb1c2a39b318bbc PDF Text Text R E S O L U T IO N S A dopted by th e Sixty-fiftli C ontinental Congress N ational S ociety, Daughters o f t h e A m erican R evolu tion A pril 1 6 - 2 1 , 1 9 5 6 A ppreciation to P resid en t and Mrs. Eisenhow er R e s o lv e d , T a th m m e o th N tio a S c ty D u h rs o th A e h t e e b rs f e a n l o ie , a g te f e m ri c n R v lu n e te d to P sid n a d M . E e h w r their w rm s a e o tio , x n re e t n rs is n o e a et a p c tio fo th h n r a d c u s o their g c u ms a e p re ia n r e o o n o rte y f ra io s e s g . A ppreciation to the Vice P resid en t o f th e U nited States R e s o lv e d , T a th N tio a S c ty D u h rs o th A e a R v lu n h t e a n l o ie , a g te f e m ric n e o tio , e te d to th H n ra le R x n e oo b ichard M N o , V e P s e t o th U ite . ix n ic re id n f e n d S te , its d e a p c tio fo his c u s in a n in his b s s h d ta s e p p re ia n r o rte y rra g g uy ce u to a n th 6 th C n e ta C n re s a d bringing g e g a d le tte d e 5 o tin n l o g s n re tin s n his ms a e to th mmes es g e e br. P ro te c t A m erica’s F u tu re T h ro u g h P atrio tic E ducation We a , A p a o je tiv o o r N tio a S c ty fo 6 y a h s b e h re s rim ry b c e f u a n l o ie r 5 e rs a e n to p m te “a e lig te e public o in n a rd g to y u g a d o ro o n n h nd p io , ffo in on n ld s c a v n g s a shall d v lo in th mth la e t c p c for p rfo u h d a ta e s ee p e e rg s a a ity e rm ing th d tie o A e a c e s ; e u s f m ric n itiz n ” R e s o lv e d , T a th N tio a S c ty D u h rs o th A e a R v lu n h t e a n l o ie , a g te f e m ric n e o tio , c n u e rn s e rts to s re d k o le g o o r C n o tin e a e t ffo p a n w d e f u o stitu n l G v rn tio a o e m n a d a p c tio o th A e a w y o life, s th t w m y in re e t n p re ia n f e m ric n a f o a e a su th fu re d s y o th U ite S te o A e a e tu e tin f e n d ta s f m ric . C onstitutional A m endm ent We a , A h re s rticle 6 p ra ra h 2 o th C n titu n o th U ite S te h s , a g p , f e o s tio f e n d ta s a b e w e in rp te to m a th t tre tie a d o e in rn tio a e n id ly te re d en a a s n th r te a n l a re m n c n o e e th C n titu n a d c t a ro s th Bill o Rights; g e e ts a v rrid e o s tio n u c s e f ad n We a , T e U ite S te is virtually th o ly c u try in th w rld w ic h re s h n d ta s e n on e o h h p rm in rn tio a a re m n o e th n tre tie to b c m in rn l e its te a n l g e e ts th r a a s e o e te a la w o t a p p te le isla n ;a d w ith u p ro ria g tio n 1 �W hereas, T re aties a nd o th er in te rn atio n al agreem ents can he used a s in stru m ents of legislation on m atters o f p u rely dom estic co n cern ; a n d W hereas, Several tre a tie s have become th e suprem e law of th e lan d by vote of only tw o o r three S enators p resen t on th e Senate flo o r; T h a t th e N ational Society, D au g h ters of the A m erican Revolution, again go on record, fo r th e six th tim e a t o u r a n n u a l C ontinental Congress, in strong endorsem ent of the principles of a n am endm ent to ou r Con s titu tio n to provide th a t a provision o f a tre a ty o r o th er in te rn atio n al agreem en t w hich conflicts w ith a n y provision of o u r C onstitution shall not be of any force or effect. R e s o lv e d , U nited N ations T h a t the N ational Society, D au g h ters of the A m erican Revolution, continue to support the U nited N ations O rganization in its ORIG INAL purpose a s a group of SO VEREIG N N A TION S w orking together fo r world peace a n d un derstanding, and to oppose its th reaten ed conversion into a w orld governm ent. R e s o lv e d , Status o f Forces A greem ent W hereas, U nder the provision of th e NATO S ta tu s of Forces T re a ty and a sim ila r agreem ent w ith J a p an , several th ousands of m em bers of o u r Armed Forces sta tio n ed abroad have been su rren d ered to foreign ju risd ictio n s to be tried , a n d in m any cases convicted a n d im prisoned, o r o therw ise p un ished for alleged crim inal violations o f u n fam ilia r a n d /o r unknow n laws, som etim es u n d er procedures conducted in foreign languages before hostile judges, a n d w ith o u t th e benefit o f com petent counsel, if a n y ; and W hereas, Such tre a tm e n t o f our soldiers effectively deprives them o f sub s ta n tia l rig h ts to which they a re entitled u n d e r th e C onstitution o f the U nited S ta te s; T h a t th e N ational Society, D au g h ters o f th e A m erican Revolution, go on record a s u rging strongly th e elim ination o f a n y provision tinder any tre a ty or agreem ent w hereby ou r m ilita ry personnel w ill be s u r rendered to th e crim inal ju risd ictio n of any foreign country. R e s o lv e d , C om m unist Tuctics Specialized Agencies of U nited N ations W hereas, O ur N ational Society h as been consistently on record a s a g a in st the m any specialized agencies, w hich p u rp o rt to be a p a rt of U nited Nations, fo rm u la tin g policies such a s th e Genocide Convention a n d Covenant of H um an R ights, w hich w ould deprive us of th e in dividual lib erties and fre e en te rp rise on w hich our N ation w as founded so firmly a n d which hav e m ade it so stro n g a nd so g r e a t ; T h a t the N ational Society, D au g h ters of th e A m erican Revolution, again sta n d firmly a nd em phatically on its in sistence th a t th e United N ations abide by th e objectives set fo rth in its C h a rte r a n d d esist from particip a tio n in a ny plan, project, agency o r principle w hich w ould in te r vene in our in te rn a l affairs, in te rfe re w ith o u r dom estic legislation, o r sp re a d doctrines c o n tra ry to o u r A m erican philosophies a n d w ay of life. R e s o lv e d , UNESCO W hereas, D au g h ters of the A m erican R evolution have repeatedly objected strenuously to propaganda dissem inated by UNESCO w hich tends to in d o ctrin a te a nd tra in fo r w orld citizenship, a nd conflicts w ith the Am eri can concepts of natio n a l independence a n d so v e re ig n ty ; T h a t the N ational Society, D au g h ters o f th e A m erican Revolution, hig hly commend th e A m erican Legion fo r th e resolution passed a t the a n n u a l convention held in October, 1955. a t M iami. F lo rid a, which reads in p a r t: R e s o lv e d , “W e call upon all A m erican ed u catio n al in stitu tio n s and upon Boards of E ducation th roughout th e U nited S ta te s to cease a n d desist from the use of the edu catio n al m ate ria ls of UNESCO propounding world govern m ent a s a c rite ria of A m erican citizens.” W hereas, F o r m ore th a n thirty-five y e a rs D au g h ters of th e A m erican Revolu tion have been w arn in g ag a in st th e d an g ers o f com m unism ; and W hereas, T h ere is a c u rre n t change in th e tactics a nd techniques of Commu n ists b u t no change in th e ir fu n d am en tal policies a n d long-range goals of w orld d o m in a tio n ; T h a t th e N ational Society, D au g h ters of th e A m erican Revolution, again w arn A m ericans to be a le rt a n d rem ain firm in th e ir opposition to communism in a ll its phases. R e s o lv e d , C ontrol o f C om m unist P ro p ag an d a W hereas, T h e investigations by th e Senate In te rn a l S ecurity Subcom mittee reveal th a t v a st q u a n titie s of Com munist, sed itio u s pro p ag an d a a r e regu larly being shipped into th e U nited S ta te s a n d being d issem inated in this country from abroad, w ith o u t com pliance w ith th e labelling requirem ents o f Foreign A gents R eg istratio n A ct a n d o f th e In te rn a l Security A c t; and W hereas, Such investigations fu rth e r reveal th a t m uch of th is poisonous Com m unist propaganda is being d istrib u te d in violation of th e abovem entioned a c ts by diplom atic personnel in “iro n -cu rtain ” consulates and em bassies in th e U nited S ta te s ; R e s o lv e d , T h a t th e N ational Society, D au g h ters o f th e A m erican Revolu tion, u rg e th a t th e Congress o f th e U nited S ta te s enact legislation pro viding fo r th e confiscation of Com m unist p ro paganda w hich is n o t labelled in accordance w ith th e requirem ents o f th e Foreign Agents R eg istration 3 �A ct a u d the In te rn a l Security A c t; a nd providing fu rth e r th a t diplom atic personnel in th e U nited S ta te s who a r e engaged in the dissem ination of political propaganda be required to reg iste r w ith th e D epartm ent of J u stic e a n d label th e political propaganda which th ey dissem inate. R ed China W hereas, To accept R ed C hina w ould be to condone th e very evils we a b h o r ; T h a t th e N ational Society, D au g h ters o f th e A m erican Revolution, ag ain go on record as ad a m a n tly opposed to adm ission o f R ed C hina to th e United N ations. R e s o lv e d , Civic R esponsibility W hereas, S ta tistics show th a t m ore th an one-half of th e U nited S ta te s c iti zens o f voting age a re women, th u s placing a g re a te r responsibility upon th e women as v o te r s ; and W hereas, T he selection a n d th e election o f good can d id ates to public office is of u tm o st im portance to o u r w e lfa re ; T h a t th e N atio n al Society, D au g h ters of th e A m erican Revolution, encourage a ll of its m em bers to assum e th e ir civic responsibility to register a n d vote in all elections. R e s o lv e d , Socialized Econom y Investigating Com m ittees T h a t the N ational Society, D au g h ters of th e A m erican Revolution, ag ain go on record as comm ending th e inv alu ab le service to th e N ation rendered by C ongressional Com m ittees in v estig atin g m a tte rs p erta in in g to in te rn al secu rity and urge th a t such com m ittees be continued. R e s o lv e d , C om m ending F ed eral B u re a u o f Investigation T h u t the N a tio n a l Society, D au g h ters of the A m erican Revolution, again commend th e F e d e ra l B u reau o f In v estig atio n a n d i ts D irecto r, J. E d g a r Hoover, fo r th e ir unceasing efforts to p rotect our N ation ag a in st crim e, c o rruption a ud subversion. R e s o lv e d , W hereas, F re e en te rp rise is one of th e g re a t principles upon w hich th is N ation w as founded a n d provides fo r p riv a te in itia tiv e a n d th e sp irit o f com peti tion which perm its A m erican citizens to b arg ain freely in th e m arkets of com m erce; and W hereas, The N ational Society, D a u g h te rs of th e A m erican R evolution, has consistently opposed th e socialization of education, medicine, industry, labor and economics in any w ay w h a tso ev e r; T h a t th e N atio n al Society, D au g h ters o f th e A m erican Revolution, urge c ritical exam ination by th e U nited S ta te s Congress o f a ll pending legislation w hich w ould socialize o u r A m erican economy, a n d opposition to a n y move th a t could destroy o u r system of fre e enterprise. R e s o lv e d , A ntarctica Econom y in G overnm ent W hereas, T h e A n ta rc tic C ontinent w as discovered a n d explored in larg e m eas u re by A m erican citizens and h a s untapped reservoirs of n a tu ra l re sources ; W hereas, T he fed e ra l debt h a s been constantly m ounting fo r m ore th a n a decade, w hich, coupled w ith deficit financing, h a s c u t th e p u rch asing pow er o f th e d o llar in h alf, to th e g rea t in ju ry o f th e people o f th e U nited S ta te s ; T h a t th e N ational Society, D au g h ters of th e A m erican Revolution, urg e legislators to tak e such steps as m ay be necessary to v a lid a te claim to a re a s of im p o rta n t v a lu e ; and R e s o lv e d , T h a t we commend the B yrd a nd o th er expeditions, fo r th e ir rem a rk able achievem ents in exploring a n d estab lish in g in fo rm atio n regarding m in eral deposits in the A ntarctic, w hich, if m ade available, w ould supple m ent our own. R e s o lv e d , P a trio tic A dvertising T h a t the N ational Society, D au g h ters o f th e A m erican Revolution, commend a nd applaud th e m any in d u stria l a n d business in stitu tio n s which through th e ir ad v e rtisin g m edia have rendered o u tstanding service in the fight a g a in st com m unism a nd to th e preservation of th e A m erican system of free en te rp rise a nd p riv a te in itiativ e. R e s o lv e d , 4 T h a t th e N atio n al Society, D au g h ters of th e A m erican Revolution, u rg e Congress to su b m it to th e several S ta te s a n am endm ent to the Con s titu tio n of th e U nited S tates to lim it th e e x penditures of the Govern m ent fo r each fiscal y ear, except in th e case of w a r o r o th er grave n ational emergency, to th e estim ated a n n u al receipts of th e Governm ent. R e s o lv e d , Jo in t Session o f Congress T h a t th e N atio n al Society, D au g h ters o f th e A m erican Revolution, ex p ress its approval of th e co n cu rren t legislation pending before the Congress of th e U nited S ta te s w hich provides th a t, unless th e Congress sh a ll h a v e previously ad jo u rn ed , th e m em bers of th e Senate a nd the H ouse o f R ep resen tativ es sh all assem ble jo in tly on th e F o u rth d ay of J u ly of each ye a r fo r the purpose of h e a rin g rea d aloud th e D eclaration o f Independence. R e s o lv e d , 5 �Im m ig ra tio n a n d N ationality Act (M cC arran-W alter B ill) W hereas, T here is pending in th e Sen ate a n d H ouse Ju d ic ia ry Com mittees a series of am endm ents w hich w ould weaken th e p rincipal safeguards of the Im m igration a nd N atio n ality A ct of December 24, 1952, a n d destroy th e natio n a l origins quota sy stem ; T h a t the N ational Society, D au g h ters o f th e A m erican Revolution, reaffirm its confidence in and su p p o rt of th e M cC arran-W alter A ct o f 1952, a n d urge all p a trio tic A m ericans to p ro te st a n d resist a n y crippling am endm ents a n d a n y legislation w hatsoever which w ould tend to destroy the effectiveness of th e Im m igration and N atio n ality Act. T h a t plans be fo rm u lated by th e m em bership to continue an even m ore aggressive cam paign to prom ote th e stu d y of tru e and factual A m erican histo ry in a ll o u r schools from g rad es th ro u g h colleges and universities, to th e end th a t it m ay become a req u ired su b ject for g ra d u a tion in high schools a n d colleges a n d u n iv ersities w h eth er S ta te supported o r p riv ately endowed. R e s o lv e d , Preserv atio n o f N ational W ildlife R efuges R e s o lv e d , T h a t th e N atio n al Society, D au g h ters of th e A m erican Revolution, u rg e th e p assag e of legislation now pending in Congress pro h ib iting the disposal o r relinquishm ent of a n y n a tio n al w ild life refuges, o r p a rts thereof, by a n y executive agency w ith o u t th e p rio r app ro v al of Congress. R e s o lv e d , M ental H e a lth Legislation W hereas, H ouse R esolution 6376—The A laska M ental H ealth Bill—h as passed the H ouse of R epresentatives and th e legislation covered by th is B ill is c u rrently pending in th e S e n a te ; and W hereas, We recognize th e need of adequate care fo r th e m entally ill but deplore legislation which m ay be co n tra ry to th e ir best in te rests a nd the language of this bill is subject to m isin te rp re tatio n which could jeopardize C onstitutional rig h ts of th e in d iv id u a l; T h a t the N ational Society, D a u g h te rs of th e Am erican Revolution, recom mend th a t all bills regarding m ental health, n ational or S tate, be so specific in the declaration o f in ten tio n s th a t th e re could be no possibility of m isin te rp re tatio n of the law, and in no w ay p erm it individual Con stitu tio n al liberties of a ny citizen of th e United S tates, its te rrito rie s or possessions, to be jeo p ard ized ; and R e s o lv e d , T h a t the Congress of th e U nited S ta te s be urged to m ake a com plete investigation into a ll ram ifications and im plications of m ental health legislative program s which a re c u rre n tly being promoted. Ju v en ile D elinquency W hereas, M any a u th o rita tiv e sources rep o rt th a t juvenile delinquency has increased enorm ously due in p a r t to lack o f p a re n ta l vigilance over the id eals a n d a c tiv ities of th e ir children a n d to th e in cessan t flow of program s of crim e, h o rro r a n d violence w hich b e a t upon th e sensitive m inds and em otions o f children a n d adolescents, first dulling th e ir norm al receptivity to goodness and m orality, and, in an ala rm in g n um ber of instances, leading to a sp irit o f vandalism , violence a n d b r u ta lity ; T h a t th e N ational Society, D au g h ters of the A m erican Revolution, determ ine through its m em bers to a tta c k w ith a le rtn e ss and a c tivity th e problem of juvenile delinquency, consulting w ith Ju v en ile C ourts, the F e d e ra l B u reau o f Investigation a n d o th er a u th o rita tiv e sources on th is m ost serious and im m ediate challenge to th e well-being a nd sa fe ty of o u r youth a n d o f our N ation. R e s o lv e d , R e s o lv e d , F ederal Aid to E ducation W hereas, T he N ational Society, D au g h ters o f the Am erican Revolution, has continuously opposed federal a id to education, believing such a id could lead to governm ent control o f all public schools, thereby rem oving S ta te a n d local c o n tro l; T h a t the N ational Society, D au g h ters of th e A m erican Revolution, continue to oppose vigorously all legislation w hich could place control of education in the hands of th e F ed eral Government. C onstitu tio n W eek W hereas, T h ere is w idespread in te rest in the celebration of CO NSTITU TION W EEK , from Septem ber 17th to 23 rd ; T h a t th e N ational Society, D au g h ters o f th e A m erican R evolution, p etitio n th e P re sid e n t of th e U nited S ta te s to proclaim th is week a nnually a n d th a t th e Society ask th e Congress o f th e U nited S ta te s to designate Septem ber 17th a s C onstitution Day. R e s o lv e d , R e s o lv e d , A m erican H istory Study W hereas, One o f th e p rim a ry objectives of o u r N ational Society, D au g h ters of the A m erican R evolution, is “to prom ote th e study o f Am erican h isto ry ” ; and W hereas, T he effort m ade in th e p a s t th re e y ears to stre ss th e teaching of A m erican h isto ry in ou r schools h as m et w ith signal success; 6 T ra d itio n a l Observance of H olidays W hereas, T h ere is a grow ing tendency to d e p a rt fro m th e p roper a n d tra d i tional observance o f o u r religious a n d p a trio tic holidays a n d to su bstitute m ate ria listic observance a n d e x trem e com m ercialism ; T h a t the m em bers o f th e N atio n al Society, D a u g h te rs of th e A m eri can Revolution, shall m ake it th e ir individual responsibility to counteract a n y such m ovem ents in th e ir com m unity a n d to w ork unceasingly to instill in o u r youth a deeper reverence fo r th e e te rn a l values w hich A R E America. R e s o lv e d , �R eligion Versus Atheism W hereas, The principle of religious freedom embodied In o u r C onstitution is one of the foundations of o u r fre e n atio n a n d is now th re a te n e d by ideologies of godless forces a t home a n d a b ro a d ; T h a t we, as D au g h ters of th e A m erican Revolution, dedicate o u r selves in p ray e rfu l service to a renew al of fa ith in God a nd tru s t fo r stre n g th in the continuing struggle fo r religion versus atheism . R e s o lv e d , A ppreciation to th e P re sid e n t G eneral T h a t we, th e D au g h ters of the A m erican R evolution o f th e 65th C ontinental Congress, express to o u r beloved P re sid e n t G eneral, Miss G ertrude S. C arraw ay, our deep ap p reciatio n of h e r ceaseless efforts and high achievem ents fo r ou r Society; ou r a d m iration a nd respect fo r h e r executive ab ility in a ll th in g s ; a n d our affection fo r h e r as an individual of personal in tegrity, kind consideration to mem bers, and devotion to the aim s and objects of ou r Society. R e s o lv e d , T h an k s to th e Staff T h a t we, th e D au g h ters of th e A m erican Revolution express our sincere th an k s a nd appreciation to the Staff fo r the m any services each m em ber h a s rendered w illingly a nd cheerfully, p a rtic u la rly the e x tra efforts req u ired by our special observance of C onstitution W eek and d urin g th e Sixty-fifth C ontinental Congress. R e s o lv e d , Courtesy R esolution T h a t the N ational Society, D au g h ters o f th e A m erican Revolution, express its deep appreciation to th e sp eak ers who gave us th e benefit of th eir v ast sto re of know ledge; to the a rtis ts who so generously shared w ith us th e ir ta le n ts ; to the U nited S ta te s Service B ands a nd to ou r o rg an ists who e n te rta in e d us so d elig h tfu lly ; to the Police a n d Firem en who provided u s w ith such a sense of secu rity a nd safety, a nd to the g rea t num bers o f individual m em bers and th e sta ff who p lanned a n d who executed th e innum erable d e ta ils w hich a successful C ontinental Congress entails, a nd to all o th ers unnam ed, because unknow n, who in a n y w ay contributed to th e pleasures o f th e m em bers and th e ir guests. R e s o lv e d , Press T h a t the N ational Society, D au g h ters o f th e A m erican Revolution, express its deep appreciatio n to th e P re ss fo r th e splendid co-operation a n d fa c tu a l rep o rtin g of th e program of ou r Sixty-fifth C ontinental Congress. R e s o lv e d , R adio a nd Television T h a t the N ational Society, D a u g h te rs of the A m erican R evolution, th an k the va rio u s rad io a nd television netw orks fo r th e ir generous donation of tim e, w hich m ade it possible to b ring to the public inform ation concerning the achievem ents of ou r Society. R e s o lv e d , 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Booklet: "Resolutions Adopted by the Sixty-fifth Continental Congress, National Society, Daughters of the American Revolution", April 16-21, 1956. 5 pages. Description An account of the resource Resolutions concerning all aspects of American life. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Daughters of the American Revolution Date A point or period of time associated with an event in the lifecycle of the resource 1956-04 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_16 https://projectdaps.org/files/original/fcc8fe5429af1c11e09cda80e6cda24a.pdf d0692bdec86995c9c5598e23c0781c83 PDF Text Text « W S C 1 M A M IT O OF A FEW SERIOUS CONDITION Published fey MAERICA/S FUTURE, INC., Now Rochelle w New York �What’s Happened to Our Schools? foreword 53/ / _\ . It is i n c r e d i b l e w a m h t ischief a fe d d a d c c p ts w e ic te ra k o c n w a u o a g a fre s c ty b fo its c e s c n a re k p n re t e o ie e re itiz n a b a rte to th d n e e le d e a g r. Our American socialist revolutionaries knew from the experience of Europe that our constitutional system cannot be made over in the image of Karl Marx by lecturing the older citizens. So they began their evil experiment with the children. And they learned quite early in their campaign that you cannot indoctrinate these young minds with the virus of socialism save through a process which bears the fraudulent label of “progressive” education. While infecting young minds with socialist ideas they have managed, as a by-product, to deliver into our communities a succession of school classes afflicted with an amazing form of illiteracy. Miss Rosalie Gordon, who has devoted a great deal of time and study to this subject, is eminently qualified to provide, in small compass, all the facts any disturbed parent or teacher needs for a clear understanding of this dangerous system. The story told here is, I know, difficult to believe, but no literate citizen can afford to remain in ignorance of it. And this pamphlet will give the reader all the informa tion essential to a thorough understanding of what has happened to our schools. Jo h n T. F l y n n U i _ k _ b y R osa lie M . Gordon Ignorance is not bliss . . . it’s a disgrace. U nder-education — a delib era te p la n to cultivate m ediocrity — is the program in vogue in m ost p u b lic schools. T e fo llo w in g h q u o te d H ere’s pro o f . . . p a ra g ra p h s have not been garbled by the printer. They are an exact copy of the origi nal: “It means merrily that when one na tion is going to separate from another they should state why they’re going to break of. “first it sudmitts that all men are create equal under their creator and when men do not tready you a such you should throw them of. “It state that the we have try talk ing to then. Only to receive injury. It say they tryant is unfit to be a ruler. “It say that talk no good for people like that that are deaf to the voice of justice and consanquntly that we must denounce our separation and hold then as enemies.” The above was not written by a 2 \ (Copyright, 1956, Rosalie M. Gordon) foreigner unfamiliar with our lan guage, nor by a first- or second-grade pupil. It was not written by a moron or someone with a low I.Q. It was written by a perfectly normal junior (third year of high school) in one of our public schools in California. What is it meant to convey? It is his inter pretation of the first four paragraphs of the Declaration of Independence. An isolated case? By no means. Volumes could be filled with similar cases from all over the United States. Here is just one more sample: “It my opinion that every man should continual his education. If it is any way possible. It would increase his abilitty, more than likely increase his salsary on which to surport a family. You will no douth have many expericences.” This was written by a graduate of 3 �a Chicago h ig h school as an entering freshman at the U n ive rsity o f Illin o is on the assigned subject: A re Too M any People G oing to College? Compositions lik e these; thousands o f young Am ericans fro m six to 16 o f average and above-average in te lli gence who can’t read anything more than a com ic boo k; thousands m ore who can’t spell the sim plest words and to whom a m u ltip lica tio n table ( if they have ever seen one) is as clear as a group o f Chinese characters; high school, and even college, gradu ates who can’t w rite a sim ple business le tter and on whom in d u stry must spend thousands o f dollars g ivin g the basic tra in in g in reading, w ritin g and arithm etic they should have had in school; children who th in k Am erican h is to ry began w ith the New Deal, that the purpose o f a io b is to w o rk as little as possible to b u ild up as fast as possible social security and pension rig h ts ; youngsters who th in k that what they feel lik e doing at any given m o m ent is what is rig h t to do, regardless o f consequences to others, and anyway there’ s n othing to w o rry about because the Great W h ite Father (whoever he happens to be at the m oment) in W ashington w ill take care o f every thing . I t is all this and a great deal m ore that has led m illio n s o f ques tio n in g parents, teachers and even thoughtful youngsters themselves to ask — W hat has happened to our schools? T ha t som ething has happened to o u r schools is beyond doubt. The U n iv e rsity o f Illin o is said th a t com positions such as those quoted above were unknown 20 years ago fro m en terin g freshmen. N ow they are the rule rath er than the exception. B e ginning in the 1940’s freshmen entering the university began to steadily deterior ate in th e ir a b ility to read and w rite 4 — so much so that the university had to set up a special course fo r them. A n d in 1956, when freshmen were given a sim ple test in v o lv in g gram m ar, spelling, vocabulary and the form ation o f sentences 954 of them failed to pass it. W hat happens at the U n iv e rs ity o f Illin o is matches the ex perience o f m any other colleges, but the U . o f I. decided to do something about it. I t announced that beginning in 1960 it w ill discontinue its fresh man rem edial course, thus p ro v id in g fa ir w a rning to the high schools that one university, at least, expects them to do th e ir jo b and stop tu rn in g out illiterates. Am ericans once upon a tim e could boast that they had a p u b lic educa tio n system on a par w ith any in the w orld. I t was — and s till is — a free system — that is, it is supported by all the people thro ugh th e ir taxes fo r all th e ir children. A nd in the true Am erican tra d itio n i t was a locallyrun system — a system supported, controlled and adm inistered b v people each in th e ir own com munities, so that no tyra n t, no central all-power fu l government, no benevolent ideo logue could te ll them what to teach o r w hat not to teach, o r could say. w ith L e n in : “ Give us the ch ild fo r only eight years and it w ill be a B o l shevik ( o r a socialist, “ liberal,” New Dealer) forever.” N o one who has watched closelv what has been going on in o u r pub lic school system in Am erica these past two decades can escape the feeling that something drastic — and rather te rrib le — has happened to it. W hat is more, it is difficu lt to believe that it has happened by accident, that there has not been a planned, slyly executed and almost successful attempt to delib erately under-educate our children in order to make them into an unques tioning mass who would follow meek ly those who wish to turn the Ameri can Republic into a socialist society. I know that is a hard statement fo r Am ericans to believe, b u t before you dismiss i t too readily, let’s have a look at some o f the facts. A two-pronged attack . . . that uses progressive education as the means of “building a new social order 9 from the ground up. Here’ how i i done s t s T h e a t t a c k o n o u r p u b l ic s c h o o l s — and through them on our children — has been a tw o pronged one. One o f the prongs is know n as “ progres sive education.” The other may be ex pressed in the phrase “ b u ild in g a new social order” thro ugh the schools. But the modern educationist (as d is tin guished fro m the true educator) in dulges in a fo rm o f expression even m ore obscure than government gobbledegook. W hether o r not, in an ef fo rt to hide the real aims o f th e ir pro gram , this is deliberate, it has served to completely confuse parents and even m any teachers as to the tru e meaning o f “ progressive education” and “ b u ild in g a new social order.” I t is im portant fo r us to realize that the men and women who put over on our schools a system o f education to which norm al Am ericans w o uld be unalterably opposed i f they knew w hat was happening, were neither ric h , pow erful nor famous. They were ac tu a lly rather unim p ortant people out side th e ir own fields, b u t they had in th e ir arsenal o f attack a knowledge o f European revolu tionary methods w ith which Am ericans were — and in m any cases s till are — thoroughly un fa m ilia r. The m a jo rity o f Am ericans m aintained, consciously or uncon sciously, a p ro fo u n d belief in th e ir mode o f society — in a free republic w ith a severely lim ite d central govern ment th a t guaranteed to the in d iv id u a l the lib e rty under w h ich each could find fo r him self his own place in our free-enterprise economic system. Am ericans had no use fo r communism or socialism o r any other ism that could operate o nly under an all-power fu l central bureaucracy th a t w o uld tell every man and woman w h at they could earn, where they could earn it and how they could spend it. How , then, could Am ericans be brought to believe in the very things they hated? I t could be done only b y never c allin g those thing s b y th e ir real names. There had to be swept from the m inds o f several generations o f A m erican children a ll respect fo r th e ir tra d itio n s , fo r th e ir history, fo r home and com m unity a u th o rity . In its place, in a m a jo r mass brainw ashing operation, there had to be in s tille d i f not a love, at least a tolerance, of ideologies completely fore ign to Am erican trad itions. But th is could not be done w ith c hildren who could read and reason, add and subtract, who thought o f themselves as free in dividua ls and not as parts of a mass 6 �— a group. Before the seeds of unAmericanism could be planted in their minds, those minds had to be made fallow, had to be made not to know too much, not to inquire too deeply, not to handle the tools of reason prop erly, so that the bad seed would grow and prosper in the under-edu cated child. Diabolical? Impossible? Let us see. "The new social order” . . . What i i . . . how and by w h o m i was planned and intro t s t duced into our school systems We m u s t GO b a c k a quarter of a century for the beginnings of the campaign to subvert our schools and our children. In February, 1932, Dr. George S. Counts delivered an address to a small association meeting in Balti more, Md. Dr. Counts was, and is, a professor of education at Teachers College of Columbia University in New York. Teachers College is to the teaching profession what Harvard Law is to the legal profession or what Johns Hopkins is to the medical pro fession — only much more so. It not only has turned out thousands of our teachers, but it is to Teachers College that teachers from all over the coun try go for special summer and post graduate courses. And to Teachers Col lege, which also serves as a giant em ployment agency, go thousands of schools for the personnel to man their staffs. At the time of his address in Balti more, Dr. Counts was enthusiastic about “the great collectivist experi ment” in Soviet Russia. He has since become a sadder man—whether wiser is a question of opinion. He now con siders himself one of the leading antiCommunists in academic circles. But it is difficult to escape the feeling that what he really means by his “militant anti-communism” is that he has be come disillusioned with Russian com munism, but not with its socialist com ponents. Dr. Counts, like so many of his colleagues, is no doubt a kindly man who wants to make the world over in some beautiful image of his own, and the Russian bloodletting proved a little too much for him. But he holds fast to the socialist ingredi ents of the communism he now thinks he hates, though he would probably object vigorously to having the social ist label pinned on him. However, this did not prevent him from being the candidate for the Senate of the Liberal Party in New York in 1952. The Lib eral Party is the political wing of Americans for Democratic Action, which has replaced the old Socialist Party as the leader of the socialist movement in America. In any case, in his Baltimore ad dress in 1932, Dr. Counts set forth a philosophy that has permeated Ameri can educational circles to this day. He said that we lived in a world of revo lution, that out of that revolution a new world was coming and that there must be ushered in an age of plenty, with security for all, and no poverty anywhere in the land. How to bring this about? It “would seem to require fundamental changes in the economic system. Historic capitalism, with its deification of the principle of selfish ness, its reliance upon the forces of competition . . . and its exaltation of the profit motive, will either have to be displaced altogether or so radically changed in form and spirit that its identity will be completely lost.” To make quite clear what he was getting at Dr. Counts said this would mean “a coordinated, planned and so cialized economy.” What about lib erty and freedom? This didn’t seem to concern Dr. Counts greatly. He said: “That under such an economy the actions of individuals in certain directions would be limited is fairly obvious. No one would be permitted to build a new factory or railroad whenever or wherever he please.” But how was all this to be brought about in a country wedded to the free society that had given it the greatest abundance on earth? Dr. Counts lost no time in setting forth the method. He wrote several more papers and combined them with his Baltimore address in a little book called “Dare the Schools Build a New Social Or der?” The “new social order” of course was Dr. Counts’ “planned and social ized economy” and it was to be brought about through the schools. Then, a year later, a group of edu cators, mostly in Teachers College, with Dr. Counts as their chairman, issued “A Call to the Teachers of the Nation.” They were calling on the teachers to save “democracy” — a fa vorite word with leftist educators — and they said that “In the sphere of economic relationships, it (democracy) must be dissociated from its indi vidualistic connections and be re phrased in terms of the collectivist reality.” Meantime, as early as 1929, a small group of educators got a grant of money from a foundation set up by the conservative Harkness family, os tensibly for a study of the teaching of the so-called social sciences (in which are included history, economics, geography and civics or government). They studied and studied and studied — all through 1929, 1930, 1931, 1932, 1933 — and finally in 1934 came forth with 17 volumes as a result of their labors. But it wasn’t quite a la bor of love, for besides the Harkness grant, they also got $300,000 from the Carnegie Foundation to complete the study. And they got the eminently re spectable American Historical Asso ciation, with headquarters in the Li brary of Congress, to sponsor the whole thing. From 1931 to the end of the study, who do you suppose served as research director? None other than this same Dr. George S. Counts who was daring the schools to build his new social order of the planned economy. The final volume of the study car ried its recommendations. The follow ing quotation summarizes them pret ty succinctly: “Cumulative evidence supports the conclusion that, in the United States as in other countries, the age of indi vidualism and laissez-faire in economy and government is closing and that a new age of collectivism is emerging.” T h ese w o rld -re m o d e lin g e d u c ato rs w eren ’t q u ite s u re w h a t ex a ct fo rm th is collectivism o f th e ir s w o u ld tak e , but they d id n ’t m in d h a z a rd in g a g u ess — a p re tty p ro p h e tic o ne to o : “Almost certainly it will involve a larger measure of compulsory as well as voluntary cooperation of citizens in the conduct of the complex na tional economy,, a corresponding en largement of the functions of govera- 7 �m ent, an d an increasing state of in tervention in fundam ental branches of economy previously left to indi vidual discretion and initiative — a state intervention th a t in some in stances may be direct and m andatory a n d in others indirect and facilitative.” Here was the blueprint of these left ist educators for the “new” America — an America that would be diverted from its forward march in the only really new system of society invented in thousands of years, and turned back to the managed and crumbling systems of Europe from which our ancestors fled. Whatever else may be said of the American Republic — the American system of free competitive enterprise operating in a severely lim ited constitutional government — it was the only system ever invented by man that guaranteed to him complete liberty from that greatest of all ty rants, Big Government. With all its human faults, it brought us also the greatest abundance ever known on earth. Even the poverty of its depres sions could not be compared with the congenital poverty of the European systems. This was only one more proof of its genius. But these men could not see its genius for its faults and rather than try to correct those faults, they set out to scrap the whole wondrous American experiment in favor of the tyrannical and degenerate planned so cieties of a sick and war-torn Europe. But the label had to be enticing — and so it became “the new social order.” The poison in the well . . . that spreads the contamination nationwide i supplied by s textbooks, teachers' colleges . . . and the National Educa tion Association Now THAT THIS GROUP of revolution ary schoolmen had ready their blue prints for “a coordinated, planned and socialized economy” it was neces sary that they get them accepted by at least a good portion of the teaching profession, particularly in the socalled social sciences. Dr. Counts himself was quite frank about this. He said “That the teachers should de liberately reach for power and then make the most of their conquest is my firm conviction.” How did they propose to get the teachers “to reach for power” and put over the new socialist order on their pupils? Did they set about selling their ideas to the more than 900,000 public school teachers in America? Of course not. They knew that would be impossible. They knew that the ma jority of teachers were dedicated men and women who believed in America and in the American system and who wanted to make their students good, intelligent citizens of that system. These subversive ideas had to be sneaked over on the teachers and through the teachers on the students. And what better way to sneak them over than through the teachers’ own organization and through the text books the teachers were given to use creating a swift nation-wide campaign in the schools? In other words, as John of adult education which will support T. Flynn has so aptly put it, it wasn’t President Roosevelt in taking these necessary to poison every glass of over and operating them at full capa water coming out of every tap in a city as a unified national system in given community. It was necessary the interest of the people.” There was only to drop one cup of poison into almost the complete blueprint for a socialist society in America, as pro the reservoir serving that community. The largest teacher organization in mulgated by the National Education America is the National Education As Association! From that time to the present day, sociation. It has innumerable com mittees, sub-committees, state and lo one after another of the revolutionary cal branches which reach into every “thinkers” of Teachers College, Co phase of educational activity. It claims lumbia, and their disciples appeared a tremendous membership among the before the National Education Associa nation’s teachers and its monthly pub tion and its sub-groups, wrote for the lication, the N E A Journal, goes regu N E A Journal and other educational larly to each of these members. But publications, constantly pressing on the like all mass organizations which the teachers of America the need for their majority of the membership has “new social order” — to be brought neither the time nor the inclination about through the public schools. This to watch too closely, the NEA is pretty led the National Education Association tightly controlled at the center by a into some pretty strange fields. In 1937, group of officials who, if not outright for instance, one of NEA’s yearbooks leftists, could hardly be described as described Earl Browder, then head of the Communist Party here, as “an pro-Americans. And this has been true able and restrained radical.” The N E A for many years. As early as 1934, one Journal in 1945 plugged heavily a book of these proliferating committees of by Henry Wallace containing his plan the NEA made a report to the 72nd for government control of our lives— annual meeting of the NEA. It was pre and declared it should be made “part sented by the man who subsequently of the required study of every high became executive secretary of the school and college student.” In many NEA. This report said: schools it was. “A dying laissez-faire m ust be com Before long, teachers were getting pletely destroyed and all of us, in almost no other philosophy from their cluding the ‘owners,’ m ust be sub professional journals and their asso jected to a large degree of social ciations than this degraded European control.” one all dressed up in the bright tinsel So as to leave no doubt what they of the “new social order.” And as new meant by “social control” here is and younger teachers appeared on the what these revolutionary souls in the scene, coming out of many schools of National Education Association were education like Teachers College where feeding to their teacher members: the same poisonous philosophy was “. . . the cred it agencies, th e basic fed to them, they became less and less industries and u tilities cannot be cen resistant to the spreading disease. trally planned and operated under Along with all this went the poison private ownership.” What then? They would join “in ing of the textbooks — not only for 9 �the students but for the teachers them selves. One of Dr. Counts’ collabora tors in Teachers College was Dr. Har old 0. Rugg. First Dr. Rugg wrote a book for professional educators — for teachers — called “The Great Tech nology.” In it he set forth the phi losophy we have been examining above — the philosophy of the “new social order” under which a central govern ment equipped with all-pervading pow ers would completely regulate our lives, taking over entirely parts of the economic system and controlling and managing the rest. Dr. Rugg told the teachers it was up to them to condi tion “a new public mind” to bring this about. And this conditioning must be done in the schools. The teachers must disabuse their pupils’ minds of any archaic ideas they might have about our history. They must be told that the American Revolution was not a revolt of men who wanted to be free against an all-powerful, tyrannical and tax-eating government. It was just a brawl between American “landlords” and the British nobility, and the men who led the Revolution were merely interested in their own property. The students must be taught that our freeenterprise system is a failure — it breeds poverty and inequality and the only fair system is a planned one run by the government. But Dr. Rugg did not stop with the teachers. He wrote 14 textbooks, 14 student workbooks and 14 teacher guides and he himself boasted that this service was studied by some 5,000,0 00 young Americans. Dr. Rugg, per haps overcome by his astounding suc cess, went a little too far. He decided to re-educate the entire population for the “new social order” and began to advocate adult education groups which would get their indoctrination from the teachers along with their children. 10 Dr. Rugg was a bit too brash with some of his statements and thus brought himself to the attention of various patriotic citizens and groups who began to look into what he had been doing with his textbooks in the schools. So shocked were they with what they found that they succeeded in stopping the use of the Rugg text books in many schools. But Dr. Counts, Dr. Rugg, Dr. Wil liam H. Kilpatrick, Dr. George W. Hartmann, Dr. Boyd H. Bode, Dr. John L. Childs — to name a few of this handful of revolutionary souls — had laid a solid groundwork for put ting over their baleful system on the youth of America. The textbooks sim ply became more subtle — and there fore more dangerous. And as soon as a group of irate citizens here and there objected to one which praised Communist Russia too blatantly, it was replaced with another that omitted the praise of Communist Russia but plugged for all its socialist ingredients without calling them socialist. It is possible in this limited space to give just a few examples of the type of textbooks from which more than a generation of American children have been, and are being, taught. Here is one called “The Old World and Its Gifts.” It combines geography, history and civics in one volume (under the new dispensation of teaching “social studies” instead of individual subjects, to which we will come later). It is meant for children in the sixth grade. In teaching the youngsters about Rus sia, it implants in their minds the idea that the Russian governmental structure is pretty much like our own! For example, Russia “is made up of small local governments which corre spond to our townships, cities and counties” and “there are governments for larger regions similar to our 48 states.” A Russian girl in the book takes students on a tour and they visit a Communist school “much like a school in a large American city.” The authors wind up by telling our sixth-grade pupils that while the Soviet Union is not as good a place to live as the United States (which deserves a prize for scholastic understatement) yet “the Russians have accomplished a great deal . . . as much as many other nations have done in a century or more.” Here’s another textbook for seventh graders called “Democracy at Work.” It gets over its unnamed socialist in doctrination through simple little stories. One is called “Safeguarding Against Misfortune: Social Security.” Then there are some very sad little tales about people out of work, fol lowed by this heading: “Government to the Rescue.” Another story called “Sharing the National Income” has a mythical visitor from Mars asking: “Have you Americans made any at tempt to reduce poverty by redistrib uting your national income?” And there’s even a reference list for fur ther reading, including Harry Hop kins’ “Spending to Save: The Com plete Story of Relief” and Maxwell Stewart’s “Social Security.” Harry Hopkins, of course, was the cynical alter-ego of Franklin D. Roosevelt who expounded the theory of “tax and tax, spend and spend, elect and elect.” Maxwell Stewart is a long time Communist-fronter who was named under oath before a Senate Committee as a Communist. In a textbook for high school stu dents called “Democracy and Social Policy” appears the following: “It is clear that the great majority of Ameri cans expect the government to play a bigger role in economic affairs in the future than at any time in the past. Some persons think the efforts of government agencies should be re stricted to aiding and supervising pri vate industry, trade and finance. Oth ers think it desirable for the govern ment to become a partner in various kinds of economic enterprise. These differences are important. They are far less important, though, than the fact that there is a large measure of agree ment that the government cannot avoid increased economic responsibility of some kind, perhaps of many kinds.” The above examples could be multi plied endlessly from textbooks on every conceivable subject in every grade from first through high school. The social revolutionaries, you must agree, have done their work well. Is it any wonder then, that a recent sur vey of 5,000 high school seniors throughout the United States produced the following startling results among the youngsters who expect to be the future leaders of our constitutional, free-enterprise system: Over 60 percent believe the profit motive can be killed off without hurt ing the American system. Fifty-six percent think the best way to improve our standard of living is not by workers producing more but by giving workers more wages. Sixty percent think employees get too little and owners too much of the profits of a company. Seventy-five percent believe that when an industry puts in new ma chinery, the owners get most of the gains resulting from modernization. More than 60 percent think manu facturers can raise wages by 10 cents an hour without raising the prices of the products they make. Is it any wonder that Dr. Oliver Carlson reported with shock over hearing a conversation among a group of high school juniors discussing their 11 �future. It went like this: “I’ll get mine in two thousand three.” A younger boy, with envy: “I’ve got to wait till two thousand and five.” An older girl: “I’m the lucky one — I get mine in the year two thousand.” With at least another year, and maybe five, of edu cation ahead of them and almost a lifetime in the work-a-day world, they were avidly looking forward to the time when they could start to draw their Federal Old-Age Pensions! The pipeline from li we ll . . . le ready and waiting . . . was and i “progressive education. s ’ I became the tool of the new social organizers t for our educational revolutionaries only one problem. They had infiltrated the teachers’ organiza tions and journals with their “new social order” for a socialist America. They had captured a good many of the teacher-training colleges. They had filled the textbooks of American schools with their sneers and slurs on the American constitutional system and its free-enterprise economy, and with the glories of Big Government that would run every phase of our lives. They had filled the books with Socialist ideas without calling them socialist. They had under their control the well of poison. But how to instill that poison into present and future gen erations — that was their problem. What could they do about children from homes where the traditional vir tues of the American way were part of everyday life? What could they do about children who knew what was meant by discipline, restraint, self-re spect, who had been brought up to consider themselves individuals with the right to reason and think? What good the poison if the moment the child got to his home or to his church he was given an antidote to the T h e r e r e m a in e d 12 poison? How keep the avidly curious mind of youth from devouring in the written word, in the fascinating world of numbers, in the heartwarming stories of their own American heritage the unalterable answers to the noxious draughts of the “new social order?” In other words, there had to be a pipeline from the well of poison di rectly to the child in school. And it had to be so constructed that once the poison was injected it could not be too easily purged from the child’s mind. For this purpose the revolution ary educationists had the perfect in strument at hand in what has come to be known as “progressive educa tion.” That term “progressive education” is a hard one to fight. If you are against it, there is the implication that you are against “progress” in education. If you object to many of its methods, you are met with the answer: Do you want the schools to remain static? Do you want your chil dren taught under the rigid discipline and learning by rote of a hundred years ago? Of course, no one objects to true progress in educational methods or anything else. It is beyond doubt that over the years advances have been made in newer and better methods of imparting knowledge to young minds and in handling the disciplinary prob lems that arise when any group of youngsters are brought together. But progressive education as we know it in our schools today has practically noth ing to do with these things. This is merely the smokescreen thrown up by its advocates and defenders to conceal its true purpose. Progressive education is an entire ly new (in the last 25 years) method of education the purpose of which — whether all its defenders realize it or not — is to deliberately under-educate our children. It was put over on our schools by the same men, the same groups, the same organizations bent on building “the new social order” of socialism in America through the schools. And it was put over by them because it was only through this method that the minds of generation after generation of American school children could be so molded as to ac cept without reasoning and without questioning the subversive political and economic philosophy of these rev olutionary schoolmen. Progressive education was first pro pounded early in the century by John Dewey, a muddle-headed philosopher at Columbia University who was sub sequently built up into a kind of left ist god by the collectivists on the campuses of American colleges. Dewey believed that there is no such thing as truth and certainly no eternal truths, no fixed moral laws, that man has no mind or soul as we have always un derstood those words, that man is nothing more than a biological organ ism subject to constant change and that he is therefore wasting his time try ing to find in religion or tradition the moral and ethical concepts to guide his stay on earth. As a result of such “thinking” it was naturally easy for Dr. Dewey to arrive at the conclusion that tradition had no meaning, that history and the lessons of the past were nonsense, that discipline of the mind and body was foolish and that education had only one purpose — to enable the child to be happy in his environment and, as his environment was constantly changing, for the child to change with it. Dr. Dewey never thought through to the logical conclusion of his phil osophy, but very simply what it boils down to is this. If the child finds him self in an environment — a group — in which the majority doesn’t wash and therefore is always steeped in dirt, he must be permitted to adjust freely to his environment and become good and dirty himself. If, in a few weeks, his group decides to clean up, he will clean up too if left to himself. Then, having tired of being dirty, the group may turn to more interest ing pursuits, such as tearing up the schoolroom, whereupon the child will “adjust” to his new environment, and join in the happy destruction. Ridicu lous as this sounds, it is nevertheless Dr. Dewey’s “progressivism” carried to its logical conclusion. In 1919 a number of Dr. Dewey’s disciples formed the Progressive Edu cation Association to see if they could not sell these “new” educational ideas to America’s schools. They didn’t get very far. Our schools went ahead, all through the ’twenties and even into the early ’thirties, with their tradi tional American system — teaching children to read, to write clearly, to add, subtract, multiply and divide, to spell, giving them a good solid ground work in history, geography, civics and government, in literature, in the na13 �ture of our Republic and our way of life, in manners and deportment and respect for their parents, their teach ers and each other. In other words, the schools went right ahead turning out educated young Americans who had been taught to think for themselves and who had been given the tools with which to reason. Then, beginning around 1932, as those builders of the “new social or der” we have been examining looked about them for the means of putting over their baleful philosophy, there at hand, ready for the plucking, was progressive education. And when Dr. George S. Counts made that speech in Baltimore to which we have referred, setting forth his plan for a “coordi nated, planned and socialized econ omy,” it was the Progressive Educa tion Association which he chose as his forum. His talk was entitled: “Dare Progressive Education be Pro gressive?” Then there began to appear in the progressive education movement all those same revolutionary souls who had been expounding the “new social order” — Counts, Rugg, Kilpatrick. Bode, Hartmann, Theodore Brameld, Goodwin Watson and others. And they did with progressive education exactly — and concurrently — what they did with the “new social order.” The National Education Association and its N E A Journal went whole hog for the new system and began to beat the teachers of America over the head with its glories. The teachers colleges began to inculcate in their embryo teachers the methods and substance of progressivism, along with the “new social order.” The movement issued an educational magazine called Social Frontier (which later became Fron tiers of Democracy) edited by Dr. Counts. It numbered among its direc 14 tors 60 or more American educators and it proceeded to fill the minds of American teachers in issue after issue with the need for putting over “the new social order” through progres sive education. While the movement often managed to obscure its real pur pose in the educationists’ cloudy verbi age borrowed from bureaucracy’s gobbledegook, some of the “new think ers” — no doubt giddy from the amazing success their campaign was having — began to speak out openly and frankly. For instance, Dr. Bode, in Social Frontier, actually said that no matter how cleverly their proposals might be stated they “must not be permitted to obscure the fact that this proposed scheme of education is de liberately aimed at fostering a disposi tion which will m a k e the pupil in tolerant and ‘ sore’ with respect to the contrast between employers and work ers.” (Italics added). Dr. Counts himself revealed the true purpose of progressive educa tion. He said: “In the collectivist society now emerging the school should be regard ed, not as an agency for lifting gifted individuals out of the class into which they were bom and of elevating them into favored positions where they may exploit their less-favored fellows, but rather as an agency for the abolition of all artificial social distinctions and of organizing the energies of the na tion for the promotion of the general welfare . . . Throughout the school program the development of the social rather than the egotistic impulses should be stressed; and the motive of personal aggrandizement should be sub ordinated to social ends. In promotion practices, in school activities, in the re lations of pupils and teachers and ad ministrators, the ideal of a cooperative commonwealth should prevail . . . All of this applies quite as strictly to the nursery, the kindergarten, and the ele mentary school as to the secondary school, the college, and the university.” Dr. Counts then set the tone for putting over the twin evils of “the new social order” and progressive education. He said: “If progressive education is to be genuinely progressive, it must eman cipate itself from the influence (of the upper middle class), face square ly and courageously every social issue, come to grips with life in all of its stark reality, establish a theory of social welfare . . . “You will say, no doubt, that I am flirting with the idea of indoctrina tion. And my answer is again in the aflirmativc, or, at least, I should say that the word does not frighten me.” And indoctrinate they did. This small handful of almost unknown men and women — banking on the average American’s ignorance of European rev olutionary methods and on his tend ency to leave teaching to the teachers —proceeded to turn the public school system of America upside down. One of the most important bastions that had to be stormed with the new progressivism was our traditional teaching of American and European history, geography, and government or civics. These hooded socialist edu cators realized it would be very diffi cult to get youngsters well-grounded in American history and its heroes, in the theory and practice of American government and a knowledge of the physical characteristics of our own and other countries to swallow their planned society. Besides, socialists — whether open, secret or hooded — have great contempt for what they sneeringly call “nationalism,” by which they mean patriotism. They want to bring their planned society not only to America but to every country in the world and then unite them all in a beautiful world social ist government. Therefore, children must be made “world-minded.” They must think in terms not of their own country but of the whole wide world. The socialist planners in the educa tional world accomplished both pur poses — keeping American children ignorant of their own history and tra ditions, and making them “worldminded” — at one fell swoop, through the textbooks used in the progressive system. American history, geography and government were lumped all un der one subject called “social studies” and expanded to cover the world. In the New York City schools, for in stance, where a modified form of the progressive system has been in opera tion for some years, a child gets to junior high school and even high school without ever having a course in American history. Instead he has “social studies” which begin with a smattering of European history all mixed up with present-day living and political conditions and a bare outline of the location of the countries; leaps the Atlantic for a further smattering of the same with regard to America; makes another leap of the Pacific for still more of the same concerning Asia. He winds up with a few scat tered, and often slanted, facts about every subject under the sun and a deep and concise knowledge of none. Interlaced with all this is a constant stream of propaganda for the United Nations and world government being fed to the schools by the National Education Association and UNESCO, the specialized propaganda agency of the UN. And often his “social studies,” under the progressive system, consist of “projects” such as building models of the UN building in New York, go ing on endless “field trips” that wear out both pupils and teachers but keep the pupils from learning and the teach ers from teaching. Along with this, the progressive sys tem has reached all the way down to 1 5 �the lowest grades to prepare the chil dren of America for their role as the collectivists of the future. As Rudolf Flesch has pointed out, they reached back 3500 years for their "progressive” method of teaching reading — a method perfectly feasible in learning the word pictures of Chinese but one almost guaranteed to prevent an American child from learning to read English properly. The child, as a re sult of training that gives him only a so-called basic vocabulary of recog nizable words learned from stilted and contrived texts, loses all desire to dip into that wonderland of knowledge which good books have provided for children since the invention of print ing. He turns instead to pictures, to comic books. Thus, acquiring no basic knowledge of the world of history, lit erature, morals, ethics and economics, his mind becomes the fallow ground into which to drop the seeds of so cialism. Pretty much the same perverted methods of “teaching” are used in arithmetic and writing in the progres sive system, so that the child goes from grade to grade without ever hav ing acquired proficiency in the three classic and basic foundation stones of all learning — reading, writing and arithmetic. In the case of arithmetic, for instance, since the progressivists do not believe in either memorizing or drill, the child is never made to learn the multiplication table. It is impossible, within the limited space of this pamphlet, to outline all the ingredients of the progressive method and its fallacies. However, the publishers of this pamphlet have pre pared an invaluable little document called “How ‘Progressive’ Is Your School?” It is in tabular form, with the progressive and modern tradition al method of teaching each subject in 16 our elementary schools side by side, so that any interested parent or teach er can quickly tell, by using this table as a guide, just how far his own school has gone in this campaign to under educate our children. Along with the progressive system —in fact, as an integral part of it — has gone a complete breakdown in disciplinary functions in the public schools. Since children must be left to “adjust to their environment” — in other words, to do as they please — and since in the progressive lexicon tradition and morals and manners have no meaning so that children are no longer taught respect for their teachers or parents, the teachers have become not much more than glorified babysitters trying to maintain some semblance of order while their charges “express” themselves to their heart’s content. Hovering over and above it all like some evil miasma is “the group.” The group — not the individual child — is the quintessence of progressivism. The child must always be made to feel part of the group. He must indulge in group thinking, in group activity. You can’t make socialists out of individual ists, so this group idea is the nucleus of the progressive system. It means no child must be permitted to forge ahead of another — that would hurt the group. Therefore promotions are auto matic — nobody is “left back” be cause of poor work or in order to get better basic training. Grading and graded report cards are out the win dow. Competition is taboo — it breeds rivalry and endeavor to pull oneself a bit above one’s fellows — and that is anathema to “the group.” It isn’t long before the children get the idea that trying isn’t worthwhile. And with the disciplinary lines slack or non-exist ent, it isn’t long before naturally curi- ous children avid for new experiences turn to other and bizarre pursuits. Of course, criticisms of progressive education such as the above, which have been growing in volume as Americans begin to realize what has been happening to their schools, bring forth only howls of rage and denial from the planners of our new social ist society. But the results of 20 years of their system in our schools are all about us. The two compositions quoted at the beginning of this pamphlet are one example. Right from the home-grounds of the progressivist-social planners comes another. The Dean of Columbia Uni versity’s Law School says that few of their entering students (who have ac tually completed a college course) pos sess sufficient knowledge of reading, writing and history to warrant the study of law. A professor in a midwestern college gave a history test to entering fresh men from the high schools. Many couldn’t say when America came into being. Others didn’t know the dates of the Civil War or World War I. A good batch of them couldn’t name one important historical figure in Ameri can life. The chairman of the board of ex aminers of Chicago’s public schools declared that deficiencies in reading comprehension and arithmetic are two of the most glaring weaknesses of young people seeking jobs as teachers. More than half the students who entered high schools in New York City in 1955 could not read at the normal level for freshman high school students. Some were as much as six under their grade level. The per centage was even higher among those entering junior high schools. Complaints are rampant among per sonnel directors of business and in dustry that prospective employees coming to them from the high schools — and even from the colleges — can’t read, don’t know how to spell the simplest words, can’t add up a simple column of figures and, what is worse than all this, don’t seem to be particu larly concerned about it. Why should they be? Their textbooks and their social-thinking teachers have taught them that they needn’t bother — the great, fatherly government will take care of everything. Still another aspect of the results of progressive education can be found in what has become a nation-wide problem — juvenile delinquency. We have only to glance at the headlines in our daily newspapers to note an ever increasing wave of vandalism, gang riots, robberies, muggings and killings among teen-agers. Of course, there are numerous explanations for our waves upon waves of juvenile crime, but many authorities who have given much time and thought to a study of the problem are agreed that progressive education is at least one of the factors involved. Children filled with revolt against organized author ity, taught to sneer at established in stitutions, left to “learn” according to their own bent, led to believe that “something for nothing” is the nature of life, can very soon become com pliant followers of the few lawless souls — juvenile or adult — to be found in any organized society. years 17 �o v e rlo o k s The final assault one s h o u ld e m b la z o n e d be b a s ic p re m ise on th e th a t office phy o f E d u c a tio n a t th e m o m e n t. The federal gov ernment can give nothing that it does not first take away. T h e f e d e r a l g o v e r a l a id to e d u c a tio n b e e n p u t b e tte r e rn m e n t h a s o n ly o n e s o u rc e o f fu n d s . P u b lic E x p e n d itu r e C o u n c il: N o w h e re h a s th e c a s e a g a in s t fe d o ffic ia l i n A m e r i c a . out of parents’ control through “federal aid to education” T h a t is th e ta x e s of th a n in th e S ta te o f C o n n e c tic u t, b y its “It is infinitely more important that we settle down to sound thinking on the values of local participation and local citizen control of our schools, and finance them with the resources within our states, than to chase our own tax dollars through the depre ciating process of federal bureaucracy and have them come back to us worth much less and accompanied by dic tates on how we shall use them.” t h e p e o p le w h o l iv e i n o u r s o v e r e i g n s t a t e s . B e f o r e i t c o ll e g e i n T e n n e s s e e . T h e S t a t e o f I n c a n g i v e o n e p e n n y t o a i d t h e s c h o o ls r e m a in e d c o m p la c e n t u n d e r t h is tw o d ia n a in C a lif o r n ia o r p r o n g e d a t t a c k o n o u r s c h o o ls b y . t h e s c h o o ls p r o g re s s iv is t t u r n in g little nea r l y t w o T h is w as d e c a d e s o u r p e o p le s o c ia l p a rtia lly r e v o lu tio n a r ie s . due, as we have m anaged c e rta in to e x p u n g e te x tb o o k s fro m th a t H o o s ie rs in to its w ere good lit t l e s o c ia l is t s . O t h e r s t a t e s g o t r i d of n o te d , to th e ir ig n o ra n c e o f th e E u ro o t h e r t e x t b o o k s , o n l y t o f in d t h a t t h e pean ones re v o lu tio n a r y m e th o d s happens w a l ls o f e v e r y s t a t e , c o u n t y a n d l o c a l • • • as resistance builds up at the local level, i to take matters s Fo r o f w h a te v e r b u r e a u c r a t t o b e i n c o n t r o l o f t h e F e d e r a l O ffice o f in fil th e y s u b s titu te d w e r e n ’t Illin o is o r K e n tu c k y o r M is s i s s i p p i o r a n y o th e r s ta te , it m u s t f ir s t t a x t h e p e o p le o f t h e s e s ta t e s . T h e n a n d o n ly th e n c a n i t g iv e so m e o f t h e ir o w n m o n e y b a c k to th e m . F e d e ra l a id to e d u c a tio n , o f c o u rs e , m uch is a p e rf e c t g im m ic k fo r th e ta x - tr a tio n a n d in d o c tr in a tio n , a n d to th e ir b e tte r. E v e n N e w f e e lin g t h a t te a c h in g is th e d o m a in o f o f E d u c a tio n , b e s e t b y th e p le a s o f o u t h u n g r y p o litic ia n s in W a s h in g to n w h o t h e t e a c h e r . I t w a s a ls o d u e i n g o o d r a g e d p a re n ts , h a s th is y e a r in s titu te d w a n t th e se m e a s u r e to Y o rk C i t y ’s B o a r d f u n d s t o k e e p t h e m s e lv e s B u t th e d r iv e f o r f e d e r a l a id to e d u c a ti o n g o e s o n a p a c e . I t i s s p e a r h e a d e d a p r o g r a m o f w e e d in g o u t th e b r ig h te r i n p o w e r b y b r i b i n g t h e p e o p le i n t h e by p la n te d in t h e ir m in d s b y th e e d u c a p u p ils s t a t e s w i t h t h e i r o w n m o n e y . B u t i t is tio n is ts — t i o n a l E d u c a t i o n A s s o c ia t io n w h i c h , a s w e h a v e se en , w ith th e a id o f th e a b e lie f — c a re f u lly im and p e rm ittin g th e m to get none o th e r th a n th a t sam e Na a h e a d in sc h o o l a b it f a s te r th a n th e ir a ls o t h e p e r f e c t g i m m ic k f o r t h e p r o s t r u s e a n d e s o te r ic s u b j e c t w h i c h c o u ld “ g r o u p le v e l .” H e r e a n d tic u la r ly c o u ra g e o u s te a c h e r — g r e s s i v is t r e v o l u t i o n a r i e s . T h e y t a l k a b o u t “ sc h o o l n e e d s” b u t th e y h a v e p ro g re s s iv is t r e v o lu tio n a r ie s , p u t o v e r be n o t f o rg o tte n n e w s o c ia l o r d e r ” a n d p r o g r e s s i v e e d u th a t e d u c a tio n u n d e rs to o d e d u c a to rs. o n ly by is an ab p r o f e s s io n a l A ny m an o r w om an w ho r is k o f h e r jo b — th e r e a p a r a t th e h a s sp o k en o u t. d a r e d to r a is e h is v o ic e a g a in s t w h a t S o m e o f th e m , k n o w in g w h a t th e p r ic e w a s b e i n g d o n e t o o u r s c h o o ls a n d o u r o f f r a n k a p p r a i s a l w o u ld b e , h a v e r e c h ild r e n s i g n e d f ir s t a n d t h e n s p o k e n o u t w as m et w ith a to rre n t of w ho pays th e th e o ld a d a g e th a t p ip e r c a ll s th e he tu n e . on o u r s c h o o ls t h e t e a c h i n g o f “ t h e c a tio n . T h e N E A m a in ta in s , in fa c t, a T h e ir in te r e s t in f e d e ra l a id to e d u c a p o w e rfu l tio n is d u e p r im a r ily to th e fa c t th a t nanced lo b b y in th e dues by W a sh in g to n , of i ts fi te a c h e r- t h e y k n o w t h a t o n c e t h e f e d e r a l c a m e l ’s m em b e rs, t h e s t r i v i n g h a s b e e n r i s i n g i n v o lu m e s n o u t c a n b e g o t te n u n d e r t h e t e n t o f e v e ry m u c h to o d u m b , to c o p e w ith a p r o v and o u r lo c a l ly - r u n s c h o o l s y s te m s , W a s h fed e ra l g o v e rn m e n t i n c e o f k n o w l e d g e s o l o f t il y w ith o u t i n g to n c a n t h e n t e l l t h e s c h o o ls w h a t S h o u l d t h e y e v e r s u c e e d i n t h e i r a im s , t h e p r o g r a m t o t u r n A m e r i c a i n to a e d u c a tio n a le s e d e s ig n e d to m a k e h im fee l th o ro u g h ly in a d e q u a te , a n d even p e rc h e d o n a h i g h i n te l le c tu a l p l a t e a u . A ll o v e r A m e r i c a , t h e s e e t h i n g a n d in n u m b ers. th e B u t n e v e r reck o n p ro g re s s iv is t r e v o lu tio n a r i e s . T h e y d o n o t g i v e u p s o e a s ily . to te a c h a n d w h a t n o t to te a c h , h o w to B u t d u r in g th e p a s t few y e a rs , n o T h e y h a v e o n e m o r e f a t a l to o l i n t h e i r t e a c h i t a n d h o w n o t t o te a c h it, a c l o n g e r a b l e t o i g n o r e t h e e v id e n c e o f k i t w h i c h , i f t h e y c a n g e t i t u s e d , w ill c o r d i n g t o t h e w h im a n d t h e p h i lo s o u n d e r-e d u c a te d p la n w h ic h to backs g e t th e on v ig o ro u s ly hand our of th e s c h o o ls . p l a n n e d , s o c ia l iz e d s o c ie t y o n t h e E u r o p e a n m o d e l w ill b e c o m p le te . g i v e t h e m f in a l ly a n d f o r e v e r a s t r a n y o u n g s t e r s f ille d w ith s tr a n g e id e a s , p a r e n ts h a v e b r o k e n o u t g le h o ld o n t h e p u b l i c s c h o o l s y s te m o f in o p e n re v o lt. In P a s a d e n a , C a lif o r t h e A m e r i c a n s ta t e s . n i a , f o r i n s t a n c e , t a x p a y i n g c it i z e n s — T h is to o l is e m b o d ie d in th e sw e e t t h e s u p p o r t e r s o f t h e p u b l ic s c h o o ls — s o u n d in g p h r a s e “ fe d e ra l a id to e d u c a fo r th e h is to r y t i o n .” T h e a r g u m e n t s f o r i t a r e e n ti c iss u e in in g . W e n e e d a d d itio n a l sc h o o l b u ild f ir s t tim e in th e ir tu rn e d d o w n a sch o o l b o n d o r d e r to g e t r id o f a p ro g re s s iv is t s u in g s a n d a d d i t i o n a l t e a c h e r s a n d m o r e p e rin te n d e n t p a y f o r t h e te a c h e r s , f o r o u r e v e rin c re a s in g sc h o o l p o p u la tio n . W hy s h o u ld n o t t h e f e d e r a l g o v e r n m e n t — w ith i t s b o u n d l e s s b u n d l e o f b i ll io n s — g i v e s o m e o f t h e m t o t h e s ta t e s a n d c it i e s f o r t h e i r s c h o o ls ? T h e a r g u m e n t chaos in to w ho th e ir had s c h o o ls in tr o d u c e d and th e ir c o m m u n i ty . B u t t h e s y s te m h e i n s t i tu te d r e m a in s to p la g u e th e m a n d th e e d u c a t i o n i s t h i m s e lf p r o m p t l y g o t a jo b te a c h in g te a c h e rs in a te a c h e rs ’ 18 19 �Attend school board meetings. Don’t fail to vote in all local elections involv WHAT TO DO? . . Is t h e r e a n y t h i n g Y O U , the parents of America, can do about all this? Of course there is. But you must get clearly fixed in your minds several fundamental facts. The first is that the public schools belong to you. You are the taxpayers who build and main tain the schools and pay the teachers. Without you, there would be no public schools. You therefore have not only the right, but the duty, to keep an eye on your schools and to speak up when you feel the trustees of your funds — the school board, the super intendents, the principals — are abus ing your trust. Second, there is nothing strange or mysterious or beyond understanding of the average intelligent American in the education of his children. The pur pose of education in the public-school system is to train your child to use his mind, to give him information, to teach him to think for himself and to inculcate in him those principles of moral and social conduct which are the accepted code of society. When ever you see the schools doing more or less than this, it is your duty to speak out. Third, your child’s mind is his own . . . but you are his guardian. No school or its teachers has any more right to indoctrinate your child’s mind with alien philosophies than it has to indoctrinate it with a religion different from your own. With these few basic principles in mind, here are a few things you can do. Others will suggest themselves to you as correlative to these: DO THIS . . . The past few years have produced, with the growing revolt against this invasion of our schools, an increasing literature on this whole subject by authoritative and careful pro-American writers and researchers. There is appended at the end of this pamphlet a partial list of these volumes. Get a copy of the folder: “How ‘Progressive’ is Your School?” already re ferred to. This will give you an easy to follow guide, so that when you speak up on the subject of progressive education, you will know whereof you speak. Keep informed. Join parent-teachers associations and mothers’ clubs in your community and Many of these groups around the country have been infiltrated by the knowing or unknowing disciples of the progressivist revolutionaries. They are vocal, strident and forceful — and they work hard. You must work just as hard — even harder in the beginning — to get these organizations back where they belong and to aid them to bring the proper influences to bear on the schools. take an active part in them. Always be on the alert against any and all attempts to get the hand of the federal government — directly or indirectly — on your schools. 20 ing school issues and members of the school board. Keep yourself informed about the activities of the school board. Don’t hesitate to speak up at open board meetings, to contact personally and by correspondence members of the board. Look into the background and philosophy of school board members^and prospective members. And don’t be intimidated by being told you are meddling in something you know nothing about. The men and women who serve on school boards, who superintend and administer the schools are your employees. You have not only the right, but the duty, to let them know how you feel about the manner in which they are discharging their trust. Don't fight with your children's teachers. In many cases they are as much the victims of this system as are your children. The majority of teachers are a hard-working and dedicated group of good Americans. But they are human beings. They are caught up in a system in which they have found that pro test and objections on their part can mean their jobs, their retirement pay or relegation to the “sticks.” Once you have begun to make an impression on your schools you will find allies — albeit often secret ones — among the teachers themselves. Many of them don’t like the system any more than you do, but they don’t dare say so. Never make wild charges, such as branding a teacher or a textbook a9 communist. They never advocate communism openly. They don’t even advo cate socialism openly, but slyly and sneakily as we have explained. But if you charge them with communism, they not only vehemently deny it but shout their anti-communism to the housetops. This immediately puts you in the position of making unfounded charges and anything else you have to soy, no matter how true, is then tarred with the same brush of unreliability. Always be sure of your facts first—and then speak out openly and frankly— and stand your ground. particularly at the high school level. It is to these libraries that your high school students are often sent for their supplemental and “required” reading. The progressivist revolutionaries have not overlooked trying to pack them with a preponderance of leftist books. Not only that, but in their need to break down the moral fibre of American youth, thev have succeeded in getting into some high school libraries books that would not be permitted on the shelves of a men’s club in any of our sophisticated larger cities. And don’t be scared off by cries of “freedom of the press” and “academic freedom.” A high school library is not in the same category as a public library or a bookshop where may be found books of all types for discriminating adults. The high school library is there to supplement the education of young, formative minds. Keep an eye on your school libraries, Don't leave the whole education job to the schools. Try to rid your mind of the feeling, if you have it, that school is some place to send the kids to get them off your neck. Watch their education carefully. Discuss their school problems with them. Look at their textbooks. Be sure they are progressing as rapidly in their studies as you feel they should. If possible, teach your child to read before he goes to school or during his first year there. It isn’t as hard as you think. It can be done with the help of a book like Rudolf Flesch’s “Why 21 �Johnny Can’t Read.” Your child’s ability to read well will give him — and you — a weapon with which to resist the blandishments of the progressivist revolutionaries, as the world of books and writing is opened to him. Suggestions for Additional Reading Be eternally vigilant — and not just until you can get your schools back on the track. Remember that the advocates of “the new social order” and pro gressive education never rest. They are endlessly active. You must fight them whenever they try to get a foothold — locally or at state and national levels. They count, as in the past, on your apathy. They cannot succeed if you are vigilant, vocal and vigorous in your own interest. Now a word of warning. Once you take up the cudgels to restore your schools to their traditionally American pattern, you will be vilified and smeared, made to feel stupid. Bear up and stand your ground. With the destructive evidences of their system all about us, these are the only weap ons the progressivist revolutionaries have left with which to fight. But al ways remember that on the crusade in which you are engaged depends the future of your country children. — and your How ‘Progressive’ is Your School? 25<f Why Johnny Can’t Read by Rudolf Flesch $3.00 Also available in paper covers at newsstands and bookstores at 25# Conquest of the American Mind by Felix Wittmer $5.00 The Diminished Mind — a Study of Planned Mediocrity in Our Public Schools by Mortimer Smith $2.75 Education or Indoctrination by Mary L. Allen (Also available in condensed form in All-American Vol. I, at $1.00). $4.00 Bo o k Digest, A Layman’s Guide to Educational Theory by Coulter &Rimanoczy $3.50 Progressive Education is Reducation by Jones & Olivier $3.00 The Public Schools in Crisis, edited by Mortimer Smith $2.75 Retreat from Learning by Joan Dunn $3.50 Tales of a Teacher by Beatrice S. Nathan $4.00 Communist-Socialist Propaganda in American Schools by Verne P. Kaub $2.50 All of the above available from America's Future, Inc., except the paperbound edition of “ W h y Johnny C a n t R e a d ” which can be pur chased at newsstands or from the reprint publisher — Popular Library, Inc., N e w York City. 23 22 �‘ Eternal Vigilance Is the Price of Liberty” AMERICA’S FUTURE, INC. 542 MAIN STREET, NEW ROCHELLE, N. Y. A non-profit, non-partisan educational organization SEND FOR ANOTHER COPY . . or as many more copies as you can afford and hand them or mail them to your acquaintances, your fellow church and parents’ club members, your fellow employees, your leaders. PURCHASE IN BULK QUANTITIES You can obtain additional copies of this pamphlet by writing to America’s Future, Inc. which will supply them in lots of any number at the .special bulk rates below: P R I C E S 1 copy $ .25 5 copies $1.00 12 copies $2.00 50 copies $ 6.001 " 100 copies $10.00 1000 copies $75.00 For your convenience we will mail copies direct to your friends and associates. You pay at the bulk rate for the total number of copies, plus 3^ per name, for postage. Simply send names and addresses with check to cover. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "What's Happened to Our Schools?" Rosalie Gordon, published by "America's Future, Inc.", 1956. 13 pages. Description An account of the resource Leaflet deriding current "progressive education" in America's public schools. Presents reasons why public education is being undermined by progressive ideas and how to combat it. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource America's Future, Inc., Rosalie Gordon. Date A point or period of time associated with an event in the lifecycle of the resource 1956 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_15 https://projectdaps.org/files/original/e9b536f110693a6303456e41fc0a369f.pdf 04c4188e7bde4a5c2ad7a44d31694afa PDF Text Text Legislative Federal Relations Division National Education Ar s i i o ?* e - n of tK« Unite**! Si .it-t 1201 Sixteenth o -ct, N. W. Washington S,D. C Why our public schools are in serious trouble A series of six articles by Benjamin Fine, Education Editor of The New York Times R ep rin ted fr o m She ]fo r k S h u ts “ ALL T H E NEWS THAT’S F IT TO PR IN T” �A note about the author of these articles Dr. Benjamin Fine has been education editor of The N e w York Times since 1941. In that period he has achieved a reputation un equalled in his f ield for accurate, perceptive reporting. M a n y of his articles have brought to light conditions in our schools and universities of which the public had been unaware. His series of articles on the teaching of American history in the schools and colleges of the U. S. won a 1944 Pulitzer Prize for The N e w York Times “for the most disinterested and meritorious public service rendered by an American newspaper during the year.” As a specialist in the field of education, Dr. Fine is one of many expert reporters on the staff of The Times. As a team, they bring Times readers more news than they get anywhere else— complete, accurate, interesting. �Rearming Saps School Gains As Rolls and Costs Still Soar B y B E N JA M IN F IN E O nce ag a in th e n a tio n ’s public schools a re in serio u s plight. E ig h tee n m o n th s o f defense m obilization have ta k e n th e ir toll. D an g er sig n als a re fly in g everyw here, b u t o fte n a re n o t heeded. M any advances m ade in th e firs t five y e a rs a f te r W orld W a r II does to th e m o rale of th e children, th e p a re n ts, th e te a c h e rs a nd th e a re being sw ep t aw ay. school. B u t th e re is en o u g h dis co n te n t to m ak e th o u g h tfu l e d u ca to rs a n d civic-m inded citizen s ta k e stock. T h e schools a re in need o f g r e a t e r fin an cial he lp —a n d th e y a r e u n a ble to g e t it. M any co m m u n ities a lre a d y allo c a te a s u b s ta n tia l p a rt o f th e ir ta x fu n d s fo r th e schools. O ften tim e s rea l e s ta te is tax e d a l m o st to th e d a n g e r point. B u t e d u ca tio n c o sts m ore to d ay th a n ever before—a nd th e m oney freq u en tly is n o t th e re to spend. E n ro llm en t a R ecord co m m u n ity is easy to im agine. T h e schools, like o th e r a sp ec ts E d u c a to rs em phasize th a t a child E n ro llm en t is a t its h ig h est peak. of civ ilian life, a r e beginning to deprived of h is schooling w ill be T h e T i m e s su rv e y in d ic a te s th a t feel th e e ffe c ts of th e K orean con th e 1951-52 school e n ro llm en t unable to re g a in th e y e a rs lost26,525,115— re p re s e n tin g a g ro w th flic t. A s a re s u lt, th e y fac e a child is 6 only once. One can n o t o f 826,194 in a y e a r. M ost o f th is g loom y ye a r. M any e d u c ato rs a re p o stp o n e th e g ro w th o f a p u p il as w o rried le s t th e gloom c ontinue one m ig h t postpone th e b u ilding of g ro w th h a s occurred in th e elem en ta r y g rad e s, a n d m ore p a rtic u la rly fo r a n o th e r decade. th e f ir s t g rad e . T h e p riv a te and a ro ad o r a g a ra g e . R e p o rts fro m s ta te com m ission T h is c om m ent b y D r. W a lte r p a ro ch ial schools will a dd a n o th e r e rs o f ed u cation, co rre sp o n d e n ts of 3,000,000 ch ild ren o r m ore, th u s M axw ell, s e c re ta ry of th e A rizona b rin g in g th e to ta l e le m e n ta ry and T h e N e w Yo r k T i m e s in each of E d u c a tio n A ssociation, is ty p ic a l: se co n d a ry en ro llm e n t close to 30, th e f o rty -e ig h t s ta te s , a nd in te r A t n u m ero u s schools I h a v e seen 000, 000. view s w ith lea d in g e d u c a to rs all ch ild ren lined u p in f ro n t o f a M oreover, th e school rolls a re p o in t to a dow nw ard tren d . schoolhouse door, m a rc h in g in to g o in g to in crease fo r a t le a s t e ig h t T h e schools a re c a u g h t in a p in ta k e th e ir plac e s in th e school as years, m ore likely ten. cers. F o u r m a jo r fa c to rs a re in N e x t y e a r— 1952-53— th e schools th e f ir s t s h if t m arc h e d o u t—ju s t volved: In cre a sed enro llm ents, in like th e c h a n g in g of s h ifts in fa c w ill enroll 1,700,000 m ore children Dr. E a rl J . M cG rath, United th a n w ere /re g is te re d th is y ear. f la tio n a ry costs, lack o f building to rie s.” T h is is a tre m en d o u s n u m b er to S ta te s C om m issioner of E duca m a te ria ls a n d a n a c u te te a c h e r absorb, p a rtic u la rly since m o st of tion, who declares “ we a re not C osts P ro v id e H ead ach es s h o rta g e . In fla tio n a ry co sts a re a h e a d th e classro o m s a lre a d y a re o v er building enough schoolhouses or E d u c a to rs B a c k D efense ache ev eryw here. School o fficials crow ded. T h e peak w ill n o t ' be tra in in g enough new tea c h e rs to i E a c h Is lea v in g i ts im p rin t on the a re h a u n te d b y risin g prices. j reach ed befo re 1957-58, if by then, m eet th e s itu a tio n .’’ | a t w hich tim e it is e s tim a te d th e T h e New York Times schools, a nd on th e children, too. E v e ry th in g th e y b u y h a s gone up; e n ro llm e n t in public elem e n ta ry in elem e n ta ry I t is n o t a q u estio n of ta n k s v ersu s 50 o r 100 o r even 200 p e r c e n t . i ^ 01111”^ ac a in sis e g n f'fi nonnnn tex tb o o k s. E d u c a to rs everyw here T ee irh ers a rer,e too. tin go s th o y - U e ti n g jn n ^ o n ^ a n ^ rf e re ^ s p o f 6,000,000 ea ch y e a r fo r th e n e x t several th sh C t- f v ^^ w h o le h e arted ly su p p o rt th e Gov bonuses h av e been h a n d ed o ut, b u t 'ov® r 0 * . . . . . . y e a rs, th e te a c h in g rolls also will e rn m e n t’s defense p ro g ra m . T hey n o t f a s t enough, th e te a c h e rs com -| E d u c a to rs a re deep ly d istu rb ed h av e to rise ste a d ily . H ow ever, a p p la u d i ts e ffo rts to m ak e our plain, to keep pace w ith risin g food, by th is condition. T ypical is th e te a c h e r-tra in in g in stitu tio n s are n o t p re p a rin g enough m en and d em o cracy s tr o n g enough to w ith prices. A s a resu lt, m o ra le in manyi Y*ew voiced by D r. E a rl J . Mc- w om en to do th e job. All b u t four s ta n d th e ch a lle n g e of Soviet Com com m u n ities is poor. L a s t s p rin g G rath , U n ited S ta te s C om m issioner s ta te s r e p o rt a te a c h e r s h o rta g e th e 500 te a c h e rs of P a w tu c k e t,. E d u c a tio n : m unism . R. I., w e n t on s tr ik e fo r severalI “The tid a l w av e o f ch ild ren bear- even th is ye a r. T hey now could T h ey s a y th e ir problem is n o t m o n ths, c lo sin g all of th e c ity ’s in g dow n on o u r schools bids fa ir u se 71,886 e le m e n ta ry a n d 15,121 one o f m ore AB C’s o r m ore a ir schools. T h ey won p a r t of th e in-! to overw helm us. W e sim ply a re h ig h 'sc h o o l tea c h e rs. D espite th e need fo r teach ers, plan es. T h ey in sis t ou r econom y c re a s e th e y s o u g h t—b u t a t a s e r i- 'n o t b u ild in g enough new schooly o u n g people seem to sh y a t e n is s tr o n g en o u g h to provide both. ous co st to th e schooling o f th e ir, houses o r tra in in g en o u g h new te a c h e rs to m ee t th e s itu a tio n . We te rin g th e profession. T he tea c h e r pupils. M oreover, th e y in sis t th a t it is I n o th e r com m unities th e s tr u g c a n ’t go on from y e a r to y e a r on colleges r e p o rt a d ec re a se th is y e a r j u s t a s tr u e to d a y a s it w as a g le fo r h ig h e r s a la ry schedules th e p re s e n t m a k e s h ift basis w ith of 16 p e r c e n t in th e ir e n terin g c e n tu ry ago, w hen f ir s t proclaim ed goes on in th e bo ard ro o m s r a th e r o u t se rio u sly u n d e rm in in g o u r classes. T h is m ean s, in effect, th a t fo u r y e a rs fro m now, w hen the by H o race M ann, t h a t school- th a n on th e p ic k e t line. T h e N ew w hole public school sy stem “U n less th e A m e ric a n people are school ro lls will hav e in cre a se d by houses a re th e f ir s t line of o u r de- Y o rk C ity te a c h e rs rec e n tly ended a -y e a r-a n d -a -h a lf “b o y c o tt” of ex p re p a re d to ta k e po sitiv e actio n m ore th a n 5,000,000, th e re will be tra c u rr ic u la r a c tiv itie s. J u d g in g to rem ed y th ese deficiencies, m il few e r tra in e d tea c h e rs. I n th e la s t y e a r it A lth o u g h th e n u m b er o f tea c h e rs fro m th e re a c tio n o f th e ir sp o k es lions of children will c o n tin u e to sch o o ls h a v e m ad e few advances, m en, th e y a re f a r fro m h a p p y a t g e t a m a k e s h ift e d u c atio n .” 4 h o ld in g s u b s ta n d a rd o r em erg en cy a n d m a n y b a c k w a rd steps. A n u m th e com p ro m ise s a la ry in creases. T o d ay m an y th o u sa n d s o f ch il c e rtific a te s h a s d ec re a se d by 5i053, b e r o f c o m m u n ities r e p o rt un ex B u t th e s a la r y issue is o nly p a rt d ren a re a tte n d in g classes ir th e re a re still 66,354 o f th em in p ected s e tb a c k s . O ver th e nation, th e school sy ste m . F o r exam ple, 3,500,000 e le m e n ta ry a nd high of th e ed u catio n al p ictu re. C om pe school b a sem en ts, a p a rtm e n t-h o u se 8,500 o f th e 24,600 te a c h e rs in M is titio n h a s a ris e n fro m h ig h e r-p a y b a sem en ts, e m p ty sto re s, g a ra g e s, school c h ild ren —one o u t of e ig h t in g G o vernm ent jobs, w a r-re la te d ch u rch es, in ad e q u a te p riv a te hom es so u ri a re on e m e rg e n cy c e rtifica te s, p u p ils in th e public schools—a re a n d S o u th D a k o ta re p o rts 1,796 of su ffe rin g a n im p a ire d education p o sition s a n d th e d em an d fo r a nd even tra ile rs. W h a t is m ore, its 7,159 te a c h e rs do n o t hold re g because o f in ad e q u a te facilities. skilled a n d sem isk illed w o rk e rs in one o u t o f five o f th e re g u la r u la r licenses. schools is e ith e r u n s a fe o r obsolete. A y e a r a g o a TIMES s tu d y show ed v a rio u s in d u strie s. M ore te a c h e rs B u t th e “s u b s ta n d a rd c e rtifi B uilding P ro g ra m D elayed 3,000,000 children w e re being de a re leav in g th e p rofession to d ay c a te s ” te ll o n ly p a r t of th e sto ry . prived o f a n a d e q u a te education. th a n a t a n y tim e sin ce W o rld W a r T h e defen se p ro g ra m h a s played T hus, th e r e h a s been a n in crease II, w hen 350,000 d e p a rte d , n e v e r to h avoc w ith b u ild in g plan s. E ven T he N a tio n a l E d u c a tio n A ssocia tio n e s tim a te s t h a t of th e 600.000 o f h a lf a m illion in tw elv e m onths. re tu rn . th o u g h th e n a tio n sp e n t a record F re q u e n tly th e co m m u n ity m u st $1 ,2 0 0 ,000,000 fo r school c o n s tru c e le m e n ta ry te a c h e rs in th e public In c o m p e te n t te a c h e rs , poorly equ ip p ed c lassro o m s, in ad e q u a te em ploy su b s ta n d a rd , u nqualified tio n ih 1950-51, th e co m m u n ities schools 300,000 do n o t hold college b u ild in gs a nd po o r su p erv isio n te a c h e rs because tra in e d personnel w B re u nm u le to k eep p ace w iithi th e ' d eg re e s—th e m in im u m tr> s ta n d a rd . w e i e u i ab i c l u n c e p y a u e w l i .. m a M any school s y s co m bine to c h e a t th e s e h u n d red s a re lack in g . n u m b er o f ch ild ren re a c h in g school ? t le M t lO ^ O M 'a re s ^ i n a d e ^ u S S v ? in ad e q u a tely o f th o u sa n d s o f y o u n g people. The te m s r e p o rt th e y a re " s c ra p in g th e age. A nd in 1952. e d u c ato rs w arn . n u m b e r of p u p ils on double se s b o tto m o f th e b a rre l.” ste e l a n d o th e r c ritic a l m a t e r i a ls I S S L ” ? “ ^ sio n s is g ro w in g ste a d ily . A n e s ti A sm o ld e rin g d isc o n te n t is d e will sty m ie th e c o n s tru c tio n of ' 5 51 Pr_ “2 L " m a te d 400,000 boys a n d g irls a re tected. N e v e r befo re h a v e th e m a n y ba d ly n e tt e d schoolhouses. H n n a t^ rn w M .'n f dvnuth~ M ore th a n 1,000.000 school tio n a l g io w th o f A m e ric a s youth. n o t g e ttin g a full school d a y —som e schools been u n d e r su ch a tta c k s . S lig h t R ise in S a la rie s a r e a tte n d in g school even on trip le F re q u e n tly th e co n tro v e rsy is a r t i te a c h e rs a re now em ployed. 46,000 session schedules. T h ey go h a lf a fic ially co n triv ed , d ish o n e stly d e m ore th a n la s t y e a r. B u t w ith m ore T h e T i m e s s u rv e y show s th a t day, o r a th ird of a day. W h a t th is sig n e d to w re c k th e fre e public th a n 1,000,000 ch ild ren to be added te a c h e rs ' s a la rie s hav e risen �AS DANGER SIGNALS FLY IN NATIONAL EDUCATION FIELD slig h tly fro m a n a v e ra g e of ( $3,097 to $3,290 a nnually. T h is $193 m in crease, or $3.71 a w eek, h a s been e a te n up, th e te a c h e rs declare, by in creased liv in g co sts a nd hig h er taxes. N ew Y o rk S ta te , w ith a n a v e r a g e a n n u a l te a c h e rs ’ s a la ry of $4,500, lead s th e co u n try , follow ed by th e D is tric t of C olum bia w ith a $4,300 a v e ra g e a n d C a lifo rn ia w ith $3,967. M ississippi a g a in is a t the b ottom of th e list, p a y in g i ts te a c h e rs a n a v e ra g e of $1,475 a year. A rk a n s a s is n e x t to M ississippi w ith $1,700, a n d S o u th C a ro lin a is th ird fro m th e b o tto m w ith $2,130. Six s ta te s p a y som e te a c h e rs less th a n $20 a week — M ississippi. S o u th C aro lina. K entucky. Iowa. G eorgia a nd M issouri. T en o th ers p a y a m inim um of $20 to $25 a w eek. F o r th e co u n try a s a whole, the public schools co st ju s t a little m o re th a n five billion dollars, a s lig h t in cre a se over t h a t in 1950-51. Tw o s ta te s - - N e w Y ork and C ali fo rn ia —spend m ore th a n $500,000,000 each. B ecause o f sp ira lin g costs, th e fu n d s needed to o p e ra te the public schools h a v e risen higher th a n ev er before. E d u c a to rs com plain, how ever, t h a t the m oney th e y g e t c a n n o t buy a s m uch as th e ir fu n d s of a s re c e n tly a s tw o y e a rs ago. Once m ore th e e ffe c ts of the K o re a n con flict c a n be seen in th e c lassro o m s o f e v e ry com m unity in th e U n ited S ta te s. A crow ded schoolroom p re s e n ts a problem fo r th e com m unity W ith C ong ress in session th e N. E. A. a nd o th e r school o rg a n i z a tio n s a g a in will seek F e d e ra l aid N E W YORK A N D M ID D L E th a n a y e a r ago, a n d th e num ber! tea c h in g s ta f f d e sp ite i ts en ro ll fo r th e p ublic schools. One m em ber o f te a c h e rs on su b s ta n d a rd c e rtifi m e n t g ain . o f C ongress w ho h a s a d vocated a A T L A N T IC S a la rie s in N ew M exico and F e d e ra l aid bill — S e n a to r L iste r A h e a v y in flu x of y o u n g ch ild ren c a te s h a s decreased. A ll b u t Rhode A rizona a re above th e n a tio n a l a v H ill of A la b a m a —a s se rte d th a t the h a s b u rd en ed schools in th is r e Isla n d need a d d itio n al tea c h e rs, s tr e n g th a nd s e c u rity of th e U n ited gion, a n d w ith no sig n s o f relief larg e ly in th e e le m e n ta ry g rad e s— erag e. A rizona, w ith $3,800, r a n k s fo u rth , o n ly A rizo n a re p o rts it S ta te s a g a in s t a g g re ssio n w ere in sig h t. B o th N ew Y ork and b ound inexorably to edu catio n . In P e n n sy lv a n ia r e p o rt th e la rg e s t M a ss a c h u s e tts a nd C onnecticut c a n o b tain a ll th e te a c h e rs , both a s ta te m e n t to T h e T i m e s he ob en ro llm e n t in creases. The re g is need 500 e le m e n ta ry te a c h e rs each. e le m e n ta ry a n d seco n d ary , i t needs. M ID W E S T se rv e d : te r s o f all th e s ta te s a n d th e D is SO UTH School c o n d itio n s a re g e n e ra lly "E d u c a tio n h a s given us th e tr ic t o f C olum bia h av e in creased C onditions in th e South, alth o u g h rep o rte d a s im p ro v in g in th e w idespread, high level of in te lli a b o u t 200,000. In fac e o f th e need gen ce a n d g e n e ra l com petency by fo r a d d itio n al schools, all s ta te s r e ste a d ily im p ro v in g since W orld tw elve s ta te s in th e reg io n . E n w hich we h av e b u ilt h isto ry ’s m ost p o rt d iffic u lty in o b tain in g bu ild W ar II, a re s till poor. E n ro llm en t ro llm e n t is on th e up sw in g , due in p e rfe c t exam ple o f d em o cratic go v ing m a te ria ls . E ven so, m o st s ta te s h a s been in c re a sin g in som e la rg e p a r t to g ro w th o f defen se in e rn m e n t a n d preserv ed it a g a in s t a re pu sh in g school building p ro s ta te s b u t ta p e rin g o ff in others. d u stries, p a rtic u la rly in M ichigan. Som e g la rin g c o n tr a s ts a re evi th e w inds of alien ideologies. We g ram s. N ew Y ork in te n d s to spend The problem is la rg e ly one o f im fac e a long period of in te rn a tio n a l $150,000,000 th is y e a r, co m p ared p ro v in g school se rv ic es a nd raisin g d en t. M ich ig an p a y s i ts te a c h e rs te a c h e r sta n d a rd s. A bsenteeism a n a v e ra g e a n n u a l s a la ry of $3,700. ten sio n s a nd big a rm a m e n ts th a t w ith $ 100 ,000,000 la s t year. m a y la s t p e rh a p s fo r five, ten or S a la rie s in th is a re a a re a m o n g a n d school d ro p -o u ts a lso a r e se ri se v en th h ig h e s t in th e n atio n , and Illinois, w ith $b,600, is n e a r th e even tw e n ty y e a rs. In te rm s of th e best. N o s ta te e x c e p t D ela ous issues. M an y so u th e rn te a c h e rs a re on "to p te n .” B u t N o rth D a k o ta s h e e r n u m b ers of people o u r po w a re can g e t a s u fficie n t n u m te n tia l enem ies hold a h eavy a d b e r of e le m e n ta ry tea c h e rs. P e n n e m erg en cy licenses, a lth o u g h in $2,185 a n d N e b ra s k a w ith $2,200 som e s ta te s th e n u m b er h a s d e w ith $2,162, S o u th D a k o ta w ith v a n ta g e and our intelligence sy lv a n ia c a n n o t o b tain enough a re f o rty -s ix th , to rty -f ifth a n d so u rc e s tell u s t h a t R u ssia a n d her qu alified secondary, as well as creased in th e la s t y ear. How ever, a la rg e n u m b er of fo rty -fo u rth , resp ectiv ely , in th e s a te llite s a re fev erish ly w o rk in g e le m e n ta ry school tea c h e rs. The to tra in la rg e n u m b ers of skilled reg io n em ploys m ore th a n 10,000 S o u th ern p u p ils receiv e a n im n a tio n a l sta n d in g . A lth o u g h in w o rk e rs, in stru c te d by in d u stria l te a c h e rs who hold su b s ta n d a rd p aired ed ucation. In A rk a n sa s, m an y s ta te s th e n u m b e r o f sub e x p e rts ta k e n o u t of E a s t G erm any c e rtific a te s, an in cre a se over la s t A labam a a n d K en tu ck y , 50 per s ta n d a rd te a c h e rs is n egligible, c e n t of th e pu p ils a re a ffe c te d by a p p ro x im ate ly o n e -th ird o f M is y ear. since th e la s t w ar. su b -s ta n d a rd tea c h e rs, in ad e q u a te s o u ri’s, on e-sev en th of S o u th D a N E W EN G L A N D "W e m u s t fix o u r e d u c atio n al buildings a nd double sessions. The k o ta ’s a n d o n e -e ig h th o f M ichi s ig h ts a c co rd in g ly a nd in su re th a t N ew E n g la n d o ffe rs a c o n tr a s t low est s a la rie s in th e c o u n try are e v e ry A m erican boy a nd g irl h as in g p ic tu re a s r e g a rd s te a c h e rs ’ paid in th e So u th . Som e tea c h e rs g a n ’s te a c h e rs hold s u b s ta n d a rd L a rg e n u m b e rs of th e o p p o rtu n ity fo r m axim um de sa la rie s. T h ree s ta te s —M a ssa c h u in M ississippi receiv e $500 a y ear, c e rtific a te s. v e lopm ent of h is o r h e r c a p ab ili se tts , C o n n ecticu t a n d R hode I s in So u th C a ro lin a $600 a n d in K en p u p ils a re rec e iv in g se c o n d -ra te o r im p a ire d schooling. ties. Only in th is w a y can w e m eet lan d —p a y th e ir te a c h e rs m o re th a n tu ck y $640. All s ta te s in th e r e RO C K Y M O U N T A IN th e need fo r m ore sc ie n tis ts, m ore th e n a tio n a l a v e ra g e , th e o th e r gion fall below th e n a tio n a l te a c h T h e p o s t-w a r b irth r a t e is evi e ngin eers, m ore chem ists, m ore th re e do not. T he s a la rie s of e r’s s a la ry av e ra g e . p h y sic ists, m o re tec h n ic ia n s, m ore M aine, N ew H a m p sh ire a n d V er d e n t in th e R o ck y M o u n tain p u b S O U T H W E ST sk ille d w o rk e rs of e v e ry kind, m ore m o n t a re n o t m u ch b e tte r th a n lic schools. C olorado re p o rts an n u rse s a nd d o c to rs a n d lea d e rs in th o se in som e o f th e s o u th e rn E n ro llm e n t incre a se d in all e n ro llm e n t in cre a se of 5,000, U ta h o th e r p ro fe ssio n s a n d b usiness." s ta te s, w ith T e x a s show ing a g ain 7.000, W y o m in g 3,000 a n d N ev ad a sta te s. O nly C o n n ecticu t, M a ssa c h u se tts of 29,000 in a y e a r. All s ta te s re 3.000. C o n sid erin g th e to ta l n u m T he s ta tu s of public school e du cation, in c o n tr a s t to con d itio n s a and V erm o n t reco rd la rg e en ro ll p o rt c o n d itio n s a re e ith e r “b e tte r ” b e r of p u p ils in each s ta te , th e y e a r ago, a s show n by reg io n s in m en t in creases. A lm ost all th e o r “s a m e a s la s t y e a r.” T exas, g a in s a re sig n ific a n t. W ith th e ex cep tio n o f U tah . s ta te s r e p o rt c onditions a re b e tte r how ever, h a s n o t in cre a se d its T h e T i m e s su rv ey , follow s: �Summary o f Current Conditions in Nation’s Schools TEACHER SHORTAGE IS STILL A PROBLEM T h e present status of total teaching staff, emergency teachers, average annual salary and student enrollment for elementary a n d secondary schools, as reported throughout the nation, follows: 1951-52. 1950-51. N ew Y ork .................. New Je rse y ................ P e n n sy lv a n ia ............ D elaw are .................... D istrict of Colum bia. M aryland .................... 84,700 32,875 63,510 2,050 3,483 13,436 81,500 23,062 61,161 1,931 3,429 12,495 M aine ............................ N ew H a m p sh ire . . . . V erm o nt ...................... M assachusetts .......... C o nnecticut ................ R hode Isla n d ............ 6,400 3,136 2,670 25,750 12,458 4,200 7,000 3,100 2,642 25,396 11,501 3,978 S o . of T each e rs w ith C ertificates. A vorar- Annual S alary. ; 1951-52. 1950-51. 1951-52. M ID D L E ATLANTIC 2,070,000 1,995,000 724,920 682,897 1,654,000 1,602,000 47,405 45,448 96,722 94.584 369,958 348,497 2,800 2,908 1,950 38 429 2,035 2,850 1,554 523 50 377 2,014 $4,500 3,750 3,230 3,710 4,300 3,841 $4,200 3,515 N E W EN GLA ND 159,000 158,247 73,500 72,600 63,300 60,000 625,000 618,889 307,900 283,563 97,120 97,250 125 215 333 300 631 150 110 490 458 2,370 2,880 2,200 3,355 3,700 3,350 3,500 3,100 2,150 1,242 2,500 454 1,200 670 1,000 300 1,200 1,085 3,217 2,700 2,500 1,770 600 475 1,866 1,000 3,396 500 2,250 900 3,500 1,730 2,900 2,450 350 1,100 50 1,188 50 3,167 2,960 3,540 3,800 2,800 3,700 ually, o n ly 35,000 a re being rained. T h is m ea n s t h a t w ith in sn y e a rs a s h o rta g e o f 700,000 ja c h e rs will c o n fro n t o u r schools. W ith e le m e n ta ry school enrollle n t r is in g 1,000,000 a y e a r, th e 3acher s h o rta g e w ill g ro w in creaslg ly a c u te . A nd to m ak e th e sit- R e p o rts fro m v irtu a lly every ta te in a n atio n -w id e su rv e y by 1951-52. SOUTH 645,000 431,450 910,000 518,000 685,000 787,580 695,000 560,115 440,000 490,000 563,398 555,785 1950-51. 680 266 3,654 3,883 3,586 RURAL AREAS W ORST HIT V irg in ia ...................... W est V irginia .......... N o rth C arolina ........ S o u th C arolina ........ T ennessee .................... G eorgia ........................ A lab am a ...................... M ississippi .................. A rk a n sa s .................... L o uisian a .................... K e n tu c k y .................... F lo rid a ........................ 22,800 16,247 28,625 17,600 23,500 25,225 23,350 16,616 13,550 19,266 19,763 18,746 19,900 16,244 29,900 17,144 22,889 24,000 22,240 16,510 13,775 17,000 19,371 17,894 O klah o m a .................. T exas ............................ N ew Mexico .............. A rizo n a ........................ 19,600 46,640 6,100 5,551 18,867 46,042 5,273 5,683 SO U TH W EST 519,750 499,311 1,478,150 1,449,114 155,500 150,000 162,628 161,328 M ID W EST 1,247,563 1,247,205 714,000 690,000 1,252,961 1,204,000 1,100,000 1,066,000 523,400 510,200 530,154 507,028 491,000 477,720 666,161 650,000 114,488 112,917 118,175 116,000 227.879 227,000 345,000 325,930 2,300 700 329 5,000 2,500 390 493 8,500 100 1,796 607 21 4,408 1,000 1,550 4,500 2,500 550 493 8,990 700 1,529 650 175 3,200 3,450 3,600 3,700 3,175 2,900 2,967 2,650 2,162 2,185 2,200 2,775 3,130 3,250 3,525 3,500 3,044 625,000 443,135 907,192 503,090 675,634 782,952 681,007 533,000 426,000 551,201 527,000 2,400 1,475 1,700 3,100 2,350 1,925 47,000 26,000 47,800 41,000 22,413 21,500 27,488 24,600 6,537 7,159 12,628 17,892 44,824 23,900 47,300' 39,000 21,358 21,577 22,038 25,056 6,349 7,059 13,000 17,563 W yom ing .................... C olorado ...................... U ta h .............................. N evada ........................ 2,876 10,500 5,555 1,378 2,873 10,477 5,053 1,323 RO CK Y M OUNTAIN 62,700 59,000 237,000 232,655 163,467 156.407 33,000 31,148 65 650 570 5 90 830 739 - 11 3,050 2.900 3,170 3,316 2,820 2,892 3,038 3,271 M o ntana ...................... Id ah o ............................ 5,225 5,020 5,086 5,100 N O R T H W E ST 112,456 107.456 128,500 125,000 625 556 735 950 3,415 2,639 3,090 2,439 17,200 12,350 63,800 15,501 11,491 61,123 F A R W E ST 423,000 404,000 293,030 272,215 1,855,000 1,735,291 615 1,800 7,600 1,455 1,800 6,655 3,690 3,650 3,967 3,360 3,368 3,667 T o ta l U. S ................ .1,003,768 956,978 25,698,921 66,354 71,407 $3,290 $3,097 w h e re a b o u t o n e -te n th o f th e te a c h e rs hold em e rg e n cy c e rtifi c a te s, th e p ro b lem o f su b s ta n d a rd te a c h e rs h a s been la rg e ly solved. U ta h is m a k in g im prov em en ts. T h e a v e ra g e s a la rie s ra n g e fro m $2,900 in C o lo rad o to $3,316 in N e v a d a . A ll r e p o r t th e y c a n o b tain se co n d a ry , b u t n one c a n g e t ele m e n ta ry te a c h e rs . N O RTH W EST M o n ta n a a n d Id a h o h a v e a p p ro x im a te ly th e s a m e n u m b e r of te a c h e rs — 5,225 a n d 5,020, resp e c tiv e ly —b u t Id a h o h a s 16,000 m o re pupils. Id a h o n eed s b o th elem en t a r y a n d se co n d a ry te a c h e rs w hile 26,525,115 M o n ta n a n eeds only e le m e n ta ry . B o th h a v e m a n y e m e rg e n cy te a c h ers. T h e re is a b ig d iffe re n c e in te a c h e rs ’ s a la rie s. M o n ta n a h a s an a v e ra g e o f $3,415, Id ah o $2,639. F A R W EST T e a c h ers’ s a la rie s in th e F a r W e st a re a m o n g th e h ig h e s t in th e co u n try . C alifo rn ia, w ith a $3,967 a v e ra g e , is second n a tio n a lly a n d W a sh in g to n , w ith $3,690, is n in th , w hile O regon, w ith $3,650, is ten th . C alifo rn ia n o w h a s 63,800, th e second la r g e s t s ta f f in th e coun try . T h e n u m b er o f te a c h e rs on e m e rg e n cy c e rtific a te in cre a se d 7,600. O reg o n h a s 1,800 o f its Are Feeling Pinch— Situation Grave, Educators W arn B y B E N JA M IN F IN E T h is n a tio n ’s public schools face Ohio .............................. In d ia n a ........................ Illinois .......................... M ichigan .................... W isconsin .................. M innessota ................ Io w a .............................. . M issouri ...................... N o rth D a k o ta .......... South D a k o ta .......... N e b ra sk a .................... K a n sa s ........................ W ash in g to n ................ O regon ........................ C alifo rn ia .................. Elem entary Schools Yearly, but They Get Only 3 5 ,0 0 0 2,576 2,018 1,975 2,150 2,558 12,350 te a c h e rs on s u b s ta n d a rd licenses. A ll need e le m e n ta ry , bu t W ash in g to n a lso needs seco n d ary tea c h e rs. T h e T i m e s s tu d y sh o w s serious school p ro b lem s in e v e ry se ctio n of th e lan d . I t a lso show s t h a t no t en o u g h a tte n tio n is p a id to th ese roblem s. S o a rin g e n ro llm e n ts, few e r buildings, a s h o rta g e o f te a c h e rs a n d a lac k o f m o n ey to k e e p p ace w ith school needs h a v e com bined to b r in g a n o th e r e d u c atio n al crisis. W hile th is c ris is is n o t y e t in th e a c u te s ta g e , o u r sy ste m o f free public e d u c atio n m a y b e e n d a n g e re d u n less th e schools receive m o re fin a n c ia l su p p o rt. sm e n ta ry tea c h e rs. Periodic arn in g s J ia v e been sounded by lucators, b u t n o th in g h a s haprned—th e s h o rta g e continues. A lth o u g h th e s h o rta g e is found e v ery w h ere, it is m o st a c u te in th e r u ra l a re a s , in th e So u th , M idw est a n d F a r W est. B u t even th e la r g e r cities (w ith th e ex cep tio n th u s f a r o f N e w Y o rk ) h a v e beg u n to feel th e s h o rta g e . N o th in g q u ite a s se rio u s a s th is h a s h it th e p u b lic schools in a g e n e ra tio n . T h e N eed s A nalyzed T o p ro v id e en o u g h te a c h e rs to ta k e c a re of th e tre m en d o u s in cre a se in e le m e n ta ry enro llm e n t o v er th e n e x t te n y e a rs —a n d to co v er o rd in a ry lo sses th ro u g h d eath , re s ig n a tio n a n d re tire m e n t —th e n a tio n w ill n eed a t le a s t 105,000 n ew te a c h e rs an n u ally . T h ere a re 600,000 te a c h e rs em ployed in th e e le m e n ta ry schools. T h e d ro p o u t r a t e is 12 p e r c en t, o r 72,000. T h e 1,000,000 a d d itio n al ch ild ren will re q u ire a n o th e r 33,000 te a c h e rs an n u a lly . H ow ever, th e te a c h e rs ’ colleges a re s u p p ly in g j u s t a b o u t 35,000 te a c h e rs an n u ally . F a c to r s t h a t h a v e c o n trib u te d to th e te a c h e r s h o rta g e include th e in cre a se d pupil e n ro llm en t, th e f a c t t h a t te a c h e rs a re d ro p p in g o u t o f th e p ro fe ssio n f a s te r th a n th e y a re b ein g rep laced , a n d th e a ttr a c tiv e - �TEACHERS IN GROUP DISCUSSION AT SUMMER WORKSHOP w o rk e r a v e ra g e s $378 a m onth, a tru c k d riv e r o r p lu m b e r $360, an e le c tric al w o rk e r $207, policem en fire m e n $230, w h ile te a c h e rs $122 (y e a rly a v e ra g e I t m a y seem u n fa ir to ta k e th e p o o rest-p a y in g s ta te fo r co m p ari son, b u t T h e T i m e s su rv e y show ed sim ila r d isp a ritie s in th e o th e r F ig u re s p re p a re d b y the N ew J e rs e y E d u c a tio n A sso ciatio n show t h a t b e tw e en 1939 a n d 1950 th e p e r c a p ita incom e o f N ew J e r sey re s id e n ts in cre a se d 126 p e r in th e sa m e perio d a v e ra g e o f te a c h e rs in cre a se d 66 p e r cent. O th e r D e te rrin g F a c to rs L ow s a la rie s a lo n e do n o t keep p o te n tia l te a c h e rs fro m th e p ro T e a c h e rs o b jec t to poor w o rk in g conditions, to in ad e q u a te tra in in g fac ilitie s, to so cial p r e s a n d to a n e g a tiv e a ttitu d e th e p a r t o f th e public. T e a c h ers to be a p a r t o f th e com m ub u t fre q u e n tly fin d t h a t th e y a r e n o t p e rm itte d to be a c tiv e c iti zens. Som e c itie s s till refu se to m a rrie d w om en te a c h e rs re q u ire w om en to resig n if th e y g e t m a rrie d w h ile in service. Educators taking course in Decatur, 111. T h e s h o rta g e is a b o u t evenly divided o v e r th e n a tio n . T h e P e n n in cre a sin g en ro llm e n ts in ou r v a rio u s h ig h school tea c h in g fields sy lv a n ia S ta te E d u c a tio n A sso cia public schools, th e less chance —th e r e a re m ore social stu d ies tion, w hich h a s a m em b ersh ip of 55,000, re p o rts t h a t in i ts s ta te th e th e re is fo r a te a c h e r to do a te a c h e rs th a n c a n be em ployed, s h o rta g e is m o stly in r u ra l sec co m p eten t jo b of tea c h in g . I t is while th e re co n tin u e s to be a tions. P itts b u rg h n eeds te a c h e rs th e child who inev itab ly suffers. sh o rta g e o f ca n d id a tes fo r te a c h fo r k in d e rg a rte n a nd p rim a ry A nd w hen th e child su ffe rs, th e n a in g hom e econom ics, g irls ’ p h ysical c la sse s; i t also n eed s s p e cia lists in tion s u ffe rs.” th e fin e a r t s a n d c ra fts , in hom e ed ucation a n d lib ra ry service. A c ritic a l need also ex ists in Only se ven teen s ta te s req u ire a econom ics a n d fo r th e m e n ta lly re tard e d . m an y p a r ts o f th e co u n try fo r th e college d eg ree fo r th e e lem entary rep la c em e n t of u n d e rtrain e d te a c h I n N ew Y o rk S ta te th e re is a ers. O f a p p ro x im ate ly 600,000 ele school tea c h in g c e rtifica te , fo u r s h o rta g e o f 750 te a c h e rs in elem en m e n ta ry school te a c h e rs in service, req u ire th re e y e a rs o f college, one ta r y schools o u tsid e th is city. T he ab o u t o n e-h alf, o r 300,000, m eas- s ta te req u ires tw o a n d one-half S ta te E d u c a tio n D e p a rtm e n t ex ■A to th e m inim um req u ire ip p e c ts th is s h o rta g e to in c re a se to m en t of a college deg ree. Two y e a rs, six te e n req u ire tw o years, a b o u t 1,150 -in th e c u rr e n t school hu n d red th o u sa n d hav e com pleted tw o s ta te s req u ire one a n d one-half y e a r a n d to 1,750 in th e 1952-53 tw o y e a rs of college; th e education y e a rs, seven a s k fo r one y e a r, and y e a r. T he s h o rta g e is m o st a c u te p ro fe ssio n reco g n izes th e n ecessity one s ta te —N e b ra s k a — does n o t r e in su b u rb a n regions, w hich h av e fo r re ta in in g th em , a n d s te p s have q u ire a n y college p re p a ra tio n . been g ro w in g m u ch f a s te r t h a n th e Dr. W illard E. G ivens, executive cities in re c e n t y e a rs. T he m ain been ta k e n to help th em im prove th e ir ac ad e m ic tra in in g . H ow ever, s e c re ta ry of th e N a tio n a l E d u c a pro b lem s a r e in th e N a s s a u , W e st 100,000 a re so w oefully u n d e r tio n A ssociatio n a n d g e n e ra lly re c c h e ste r, B uffalo, R o c h e ste r and tra in e d a s to m ak e n e c essa ry th eir ognized sp o k e sm a n fo r th e public S y ra cu se a re a s. rep lacem en t a t th e e a rlie s t possible schools, s tre s se d t h a t no n atio n S h o rta g e s a r e g ro w in g in N ew m om ent. e ith e r in p eace o r w a r c a n affo rd j n g la n d . M aine re p o rts a s h o rta g e E to n e g le c t its hom e base— it m u st j th e e le m e n ta ry division, p a rtic u in C n itio s in High S h o od n c o ls D r. W illard E. Givens, who be p a rtic u la rly co n cerned ab o u t la rly in th e r u ra l a re a s. H ere, a s } s a y s : “ W hat our n ation does A t th e h ig h school level only h e a lth , co m petence a n d m o rale o f e elsew here, th e o ffic ia ls a re up a b o u t th e education of the young sm a ll in cre a se s in to ta l en ro llm e n t its people. a g a in s t th e p ro b lem t h a t te a c h e rs “T h e m a in source o f th e con seek e m p lo y m en t in th e m a jo r d e te rm in e s w hether we a re d e a re fo re se e n u n til 1957. A t th a t tim e, ac co rd in g to D r. R a y C. M aul, tin u e d s tr e n g th a n d c a p a c ity of c cities o r s u rro u n d in g co m m u n ities, velo p in g n atio n a l s ta m in a or re s e a rc h a s so c ia te o f th e N a tio n a l w th e A m e ric a n people,” D r. G ivens v hich o ffe r th e b e s t s a la rie s a n d co m m ittin g slow suicide.” C om m ission on T e a c h er E ducation said, “is to be fo u n d in o u r chil- v o rk in g conditions. B y th e tim e w a n d P ro fe ssio n a l S ta n d a rd s , a d ren a n d y o u th . W h a t o u r n a tio n th e c itie s a n d to w n s g e t th e ir pick, p h en o m en al in cre a se m a y be ex n ess of o p p o rtu n itie s in o th e r pected. B y 1960 th e to ta l high does a b o u t th e e d u c atio n of th e th e su p p ly becom es e x h a u ste d bey o u n g d e te rm in e s w h e th e r w e a re foi’e th e r u ra l a re a s a r e reached, fields. school en ro llm e n t will be a t lea st d eveloping n a tio n a l s ta m in a o r ;I t is e s tim a te d t h a t 500 a d d itio n al “T h e b lu n t f a c t is,” w a rn e d Dr. 8,500,000, o r o n e -th ird m o re th a n c o m m ittin g slow suicide.” te a c h e rs could be u se d in M aine. E a r l J . M cG rath, U n ited S ta te s a t p rese n t. O ne of th e lea d in g rea so n s fo ri C o n n ecticu t, too, could u s e 500 T h e c o u n try n eeds 48,000 q u a li th e g ra v e te a c h e r s h o rta g e T i m e s ad d itio n al te a c h e rs f o r th e eleC o m m issioner of E d u c a tio n , “u n less w e do so m e th in g d ra s tic — a n d fied c a n d id a tes ea ch y e a r to r e c o rre sp o n d e n ts a n d e d u c atio n com - m e n ta ry schools. M a ss a c h u s e tts place h ig h school te a c h e rs who m issio n ers ag reed , is th e lo w p a y :re p o rts t h a t i ts s h o rta g e is g r e a tim m e d ia te ly —to relieve th e te a c h leave th e p rofession fo r a ll reasons. of te a c h e rs . O n th e a v e ra g e , th e e s t fro m k in d e rg a rte n th ro u g h th e e r sh o rta g e , a w hole g e n e ra tio n of B y 1960 th e a n n u a l n eed will a p classro o m te a c h e r g e ts a b o u t $60 a f ir s t th re e g rad e s. T he S ta te CornA m e ric a n b o y s a n d g irls will be p ro ac h 70,000. w eek— th e r a n g e g oes fro m $10 to m is s io n e r o f E d u c a tio n , D r. J o h n J. sh o rt-c h a n g e d in th e ir r ig h t to ob T h e p roblem a t th e h ig h school $125. I n M ississippi, fo r exam ple,!D esm ond, p o in te d o u t t h a t th e r# ta in a fu n d a m e n ta l education. level is n o t to ta l n u m b ers of a v a il w h ere th e r e a re 16,000 tea c h e rs, is a tre n d in h is s ta t e ( it is found “T he th in n e r you s tr e tc h yo u r a b le q u alified ca n d id a tes. T h e re is, only 105 g e t $4,000 o r m ore a y e a r, e lsew h ere) to w a rd h irin g lib e ra l av a ila b le te a c h in g s ta f f to cover how ever, a n u n b a la n c e d d is trib u w hile 4,243 g e t less th a n $1,000. Ia r t s college g r a d u a te s a n d r e tr a in In M ississippi, a s h e e t m eta llin g th e m fo r e le m e n ta ry tea c h in g th e u n p rec e d e n te d a n d in ex o ra b ly tio n o f th e c a n d id a tes a m o n g th e �th ro u g h special co u rses a t te a c h e r s h o rta g e is a m a jo r p roblem — caused in la rg e p a r t by th e influ x of people to W a sh in g to n , O regon a n d C alifo rn ia. M rs. P e a rl A. Needs fo r qualified teachers in elem entary and secondary schools E v e ry S o u th e rn S ta te rep o rted W a n am a k e r, S u p e rin te n d e n t of a te a c h e r s h o rta g e . D r. Dow ell J. Pu b lic In stru c tio n in W a sh in g to n , have been estim ated by the states as follows: H o w ard , V irg inia S u p e rin te n d en t e stim a te d t h a t e le m e n ta ry schools No. of A dditional No. of A dditional Q u alified T eachers Q ualified T eachers o f In stru c tio n , n o ted t h a t 3,700, or in h e r s ta te could use 1,050 m ore Needed: Needed: tea c h e rs r ig h t now, a n d th e sec E lem entary Secondary 27 p e r cent, of V irg in ia ’s 13,829 , E lem entary Secondary School. School. e le m e n ta ry te a c h e rs w ere n o t p ro p o n d a ry schools 550 m ore. School. School. S o u t h w e s t (Cont.) e rly c e rtific a te d fo r th e g rad e s Mid d l e A t l a n t ic B o th O regon a n d C a lifo rn ia re N ew Y o r k .................... 3,000 500 New M e x ic o ................. 80 20 th e y a re teachin g . p o rted gro w in g te a c h e r sh o rta g e s. New J e rs e y ................ 2,800 100 A rizona ........................ 0 0 F ifte e n p e r c e n t o f V irg in ia ’s F o r th e 1951-52 acad em ic y e a r, P e n n s y lv a n ia .............. 900 1,000 tea c h e rs, o r 2,119, hold local p e r O regon is issu in g 1,800 em erg en cy M id w e s t D e la w a r e ...................... 38 38 Ohio .............................. 200 0 m its o r e m ergen cy licenses. M ost a n d s u b -s ta n d a rd c e rtific a te s. In D istrict of C olum bia. 290 90 In d ia n a ........................ 700 100 of th e local p e rm it h o ld ers a re C alifo rn ia, th e s h o rta g e e x ists a t M aryland .................... 2,296 468 Illinois .......................... 1,000 200 h ig h school g ra d u a te s only. N o rth th e e le m e n ta ry level a n d in sp e cia l M ichigan ...................... 5,000 200 C aro lin a needs 3,000 qualified ele ized field—te a c h in g th e m en ta lly New E ng l and 0 m e n ta ry tea c h e rs. E a c h su m m er reta rd e d , p h y sically han d icap p ed , M aine ............................ 200 75 W isconsin .................... 3,000 200 th e ne w sp a p e rs o f th e s ta te c a rry a n d in field s su ch a s w om en’s N ew H a m p s h ir e ........ 250 35 M in n e s o ta ..................... 1,000 444 V e rm o n t ...................... 240 125 Iow a .............................. w a n t a d s ca llin g fo r te a c h e rs — p hysical education, a g ric u ltu re and M a ssach u setts .......... 500 0 M issouri ...................... 7,900 m o stly e le m e n ta ry te a c h e rs in ru ra l in d u stria l a rts . L a s t y e a r th e s ta te 500 C onnecticu t ................ 500 228 N orth D a k o t a ............ a ia d ire need of 193 q re a s. G eo rgc h e is inThe s ta n d a rd h ad 7,600 te a c h e rs on em ergency, R hode Isla n d ............ 0 0 South D a k o ta ............ 1,603 rs. s u b s ta n d a rd c e rtifica te s. N eb rask a .................... 700 100 u alified tea So ut h te a c h in g req u irem e n t in G eorgia T h e te a c h e r s h o rta g e problem K a n sa s .......................... 0 V i r g i n i a ........................ 1,500 300 is b ased on a b ach elo r’s degree. c a n n o t be solved o v er n ig h t, edu ca R o c k t Mo u n t a in W est V irginia .......... 1,159 100 75 25 L a s t y e a r 44 p e r c e n t of th e s ta te 's tio n a l spokesm en a g reed . B u t th ey N o rth C a r o li n a .......... 3,000 0 W yom ing .................... 0 24,618 te a c h e rs h a d tra in in g below a re co ncerned o v er th e lac k of in So u th C a r o li n a .......... 320 4,940 Colorado ......................* 2,500 te r e s t in tea c h in g a m o n g s tu d e n ts 50 t h a t level. T en n essee .................... 1,000 200 U tah .............................. 300 50 25 F lo rid a will need 1,000 new ele a n d th e p ublic g en e ra lly . A rec e n t G eo rg ia ........................ 1,000 300 N evada ........................ m e n ta ry te a c h e rs each y e a r fo r su rv e y in In d ia n a show ed t h a t only A labam a ...................... 6,891 1,111 N o r t h w est M ississippi .................. 1,900 100 M ontan a ...................... 277 180 th e n e x t fo u r y e a rs, p lu s rep la c e 2 p e r c e n t o f a sa m p lin g o f 4,000 A rk a n sa s .................... 1,000 500 Idaho ............................ 540 360 m en ts fo r th o se w ho fo r v ario u s h ig h school s tu d e n ts w ere d e fin itely easo n s leav e th e tea c h in g p ro fe s c o m m itted to te a c h in g a s a p ro fe s L o u isia n a .................... 450 150 F ar W e st K e n tu c k y .................... 3,033 434 W ashington ................ 1,050 550 sion each y e a r. A sim ila r sto ry sion, while a n o th e r 2 p e r c e n t F l o r i d a .......................... 2,700 100 Oregon .......... t ............. 1.800 0 com es fro m T exas. The sh o rta g e th o u g h t th e y m ig h t e n te r th e field. So ut h w e st C alifornia .................... 5,500 0 ex ists in u rb a n a s w ell a s ru ra l T he v a s t m a jo rity o f b rig h t s tu d e n ts in In d ia n a a n d elsew here u re areas. O k lah om a .................... 200 75 On th e W e st C o a st th e te a c h e r s ta y in g a w a y from teach in g . T ex as ............................ 2,500 1,300 T otal U nited S ta te s .71,886 15,121 stitu tio Qualified Teacher Needs by States tra in in ge pinrts fro mn s.th e S o u th R o SHORTAGE OF STEEL HITS SCHOOLS HARD Allotm ents by D. P. A. Far Less Than Requested to Meet school c o n stru c tio n c a n n o t be ob tain e d in q u a n titie s n e c essa ry to keep pace w ith s tu d e n t gro w th . One o u t of every five schools in th e c o u n try is obsolete—a nd this fig u re does n o t include th e h it-o rm iss c o n tra p tio n s now u sed as “schools” on an em e rg e n cy basis. D u rin g th e n e x t seven y e a rs, a s tu d y by T h e N e w Yo r k T i m e s show s, th e c o u n try will need to build 600,000 classroom s, a t a co st o f $20,000,000,000 (a classro o m a t to d a y ’s p rices co sts fro m $30,000 ONE OF THE OBSOLETE SCHOOLHOUSES IN THE NATION Basic Requirements M A K E S H IFTS USED W ID ELY Rapidly Rising Rolls Produce Classes Called Too Big for Effective Teaching B y B E N JA M IN P IN E T h e ste e l s h o rta g e h a s h it th e n a tio n ’s schools a te rr if ic wallop.! F a c e d w ith s o a rin g enrollm ents,: o v ercrow ded co n d itio n s a n d in c re a s e d need fo r classroom s, th e school sy s te m s a r e u n a b le to build. L a c k of a d e q u a te sch o o lh o u ses is lis te d a s th e No. 1 ed u c atio n al h e a d a c h e fro m one end o f th e c o u n try to th e o th er. A lm o st u n b elievable conditions! e x is t in m a n y com m unities. E n -| r o l l m e n t s r i s i n g n e a r l y 1 ,0 0 0 ,0 0 0 a! y e a r o v e r t h e c o u n t r y , c o u p le d w it h in f la t io n a r y c o s t s a n d t h e in a b ilit y to g e t p r io r it ie s o n c r it ic a l m a t e r ia ls , h a v e j o in e d t o m a k e a n a la r m in g c o n d itio n . D e s p it e t h e e f f o r t s o f h ig h ly p la c e d e d u c a tio n a l o fficials, th e ste e l needed fo r to $35,000). Of th e classroom s, 222,000 will be used fo r th e in cre a se d enrollm en t, 126,000 will be fo r n o rm a l re p la c em e n ts a n d 252,000 to red u ce th e e x is tin g backlog. T h is m eans, in e ffe c t, t h a t th e n a tio n m u s t build a t le a s t 80,000 A fire-trap building in Buxas, La. �c la ssro o m s a y e a r fo r th e n e x t f a r : of 2,259 schools u n d e r con s tru c tio n in 1951, c ritic a l m a te ria ls sev en y e a rs. T h is will n o t be possible by a ny w ere a llo tte d to 1,528; m a te ria ls s tr e tc h of th e im a g in atio n . T h e w ere n o t av ila b le fo r 831. O f th e y e a r 1950-51 w a s th e p e a k y e a r 1,001 ap p lic a tio n s fo r p ro je c ts on fo r b u ild in g schools in th is c o u n try w hich to b eg in c o n stru c tio n d u rin g — 40,000 c lassro o m s w ere con th e fo u rth q u a rte r o f 1951, critic a l s tr u c te d a t a co st of $1,200,000,000. m a te ria ls w ere a llo tte d to eig h ty E v en a t th is tre m en d o u s r a te , th e six— m a te ria ls w ere n o t available n a tio n w as g e ttin g only a b o u t one- fo r 915. O u t of 3,260. ap p lic a tio n s h a lf th e buildings needed to m ee t fo r la s t y e a r, ste e l w e n t to 1,624 c u rr e n t needs a n d w ip e o u t th e p ro je c ts, a n d 1,636 w e re tu rn e d b acklog. down. L ittle C o n stru c tio n T his Y ear W a rn s on W e ak e n in g Schools B u t w h a t a b o u t th is y e a r? O r C o m m en tin g on th is s itu a tio n , th e im m e d ia te y e a rs a h e ad ? J u d g D r. M cG rath d eclared : in g fro m p re s e n t in d icatio n s, th e “N o p erso n q u estio n s th a t, in n a tio n ’s school b u ild in g p ro g ra m th is perio d o f in te rn a tio n a l crisis, w ill bog dow n seriously. I t is th e req u irem e n ts of th e m ilita ry d o u b tfu l if even th e c u rr e n t in ad e q u a te r a t e o f c o n stru c tio n w ill be a nd defense p ro duction fo r steel c o ntin u ed th ro u g h 1952. T he in a n d o th e r c ritic a l m a te ria l should cre a se d d em ands of th e defense be m et. B u t i t is also im p e rativ e p ro g ra m fo r c ritic a l m e ta ls —steel, t h a t we p e rm it no f u r th e r w ea k e n co pper, a nd a lum inum —m a k e it in g of o u r public school system . “W e c a n ’t p u t o u r y o u n g s te rs in a p p e a r u n likely t h a t th e needs for n ew school c o n stru c tio n can be m et e d u c atio n al cold s to ra g e fo r the du ratio n . E d u c a tio n m u st be ob in a n y s u b s ta n tia l degree. U n d e r a llo tm e n ts m ad e to the tain e d on a y e a r-b y -y e a r basis. If U n ited S ta te s O ffice of E d u c a tio n a child is given second o r th ird b y th e D efense P ro d u c tio n A d c la ss education, o r no education m in istra tio n , m a te ria ls c a n be d u rin g his fo rm a tiv e y e a rs, the g r a n te d fo r th e m o st p a r t to h a n d icap will re m a in fo r h is e n tire lifetim e. T he ed u catio n of o u r b u ild in g s a c tu a lly u n d e r w ay. P e w new schools will be b u ilt y o u n g people m u st rem a in sq u arely d u rin g 1952, un less m ore steel is in th e fo re fro n t of a n y lon g -te rm m ad e a v ailable. A r e p o rt fro m D r. p ro g ra m fo r th e defen se o f dem oc E a r l J . M cG rath , U n ited S ta te s rac y . O th erw ise w e ru n th e risk C om m issio n er of E d u c a tio n , tells of losing one o f th e g o a ls fo r w hich th e s to r y g rap h ic a lly . F o r the w e a re fig h tin g .” q u a r te r b e g in n in g J u ly 1, 1951, his S p ira lin g co sts also h a v e a ffe c te d o ffice s u b m itte d a n e stim a te of the schools seriously. F o r exam ple, 192.000 to n s of ste e l fo r b asic r e $1,000,000 sp e n t fo r school building q u ire m e n ts fo r a ll e d u c atio n al p u r c o n stru c tio n la s t y e a r p u rch a se d poses. T h e a m o u n t a llo tte d w as only a b o u t a s m u ch p la n t a s $568,000 could h a v e b o u g h t a t th e end 100.000 tons. T h e d iffic u lty w a s incre a se d of W orld W a r n o r a s m u ch as f u r t h e r w h en th e la s t q u a rte r $446,000 could h a v e p u rch a se d in a llo tm e n t w a s m ad e k n o w n —it 1940. w a s sm a lle r th a n t h a t f o r th e C lasses M eet in H om es th ir d . B asic req u ire m e n ts to ta lin g A s a resu lt, o u r u n d e rsta ffe d , 196.000 h a d been re q u e ste d —and bad ly housed schools fac e d a n u n 94.000 to n s w e re assigned. A f te r prec e d e n te d p erio d o f s h o rta g e . It a vigo ro u s ap p e al fro m th e E d u c a is d o u b tfu l t h a t even h a lf of th e tio n O ffice, 10,000 to n s w ere added. 80,000 c lassro o m s needed in 1952 B a d a s la s t y e a r ’s s itu a tio n w as, will be co n stru c te d . School s y s th is y e a r ’s te n d s to be w orse. te m s ev e ry w h e re a re se n d in g out E d u c a tio n a llo tm e n t f o r th e f ir s t S. O. S. sig n als. T h ey a re u tiliz in g q u a r t e r o f 1952 is 97,000 tons, less every conceivable sp ace to keep t h a n 38 p e r c e n t of e s tim a te d to ta l schools open. I t is n o t u n u su a l to re q u ire m e n t o f 225,000 tons. find ch ild ren a tte n d in g school in A cco rd in g to D r. M cG rath , th e p riv a te hom es, c h u rc h basem ents, f ir s t q u a rte r is p a rtic u la rly c riti sto re lo fts o r in one ca se ob c a l fo r school c o n stru c tio n because se rv e d by th is w rite r, a section of p o stp o n e m e n ts th e n will m ean a n u n d e rta k e r ’s p a rlo r. Supplies, th e loss n o t m ere ly of those e q u ipm ent a n d te x tb o o k s a re la c k m o n th s b u t o f a n e n tire school in g in m a n y schools. y e a r. S ta te a f t e r s ta te re p o rts im D r. M c G ra th stre s se d t h a t w ith p a ire d e d u c atio n al fa c ilitie s b e a n a llo tm e n t of 97,000 to n s fo r c a u se of in ad e q u a te buildings. In e le m e n ta ry a n d s e co n d a ry school Illinois, f o r exam ple, th e lac k of build in g s, p rio rity w ill be g iv en fo r steel a n d o th e r c ritic a l m a te ria ls c o n s tru c tio n now u n d e r w ay. The is p re v e n tin g th e c o n stru c tio n o f a g re e n lig h t w ill be g iv en a lso to n u m b e r of school buildings. A p c o m m u n ities t h a t h a v e se rio u s p ro x im a te ly 13,000 s tu d e n ts in Illi o v e rc ro w d in g in e le m e n ta ry and nois a re en ro lled in schools w h ere se co n d a ry schools. I t w ill c ontinue double sessio n s a re necessary, to b e n e c e s s a ry to d e fe r a p p ro v a l w hile 7,500 a re a tte n d in g schools o f n ew b u ildings w h ere th e p u r in bu ild in g s t h a t a re d e fin ite ly in pose is p r im a rily to elim in a te adeq u ate. o b solete s tru c tu re s . P e n n sy lv a n ia lik ew ise re p o rts a T h is is w h a t h a s h a p p e n ed th u s se rio u s b u ild in g sh o rta g e , even th o u g h $35,000,000 w a s sp e n t fo r new buildings d u rin g th e 1950-51 school y e a r a n d $40,000,000 w ill be sp e n t d u rin g 1951-52. I n th is s ta te it is e stim a te d t h a t 8,500 pupils will s u ffe r a n im p a irm e n t in school th is y e a r becau se o f double ses sions o r p a rt-tim e in stru ctio n . E lsew here th e situ a tio n is ju s t as serious. O fficials re p o rt th a t th e b u ilding situ a tio n in A rizo n a is “ste a d ily w o rsening.’’ T here, as elsew here, th e sam e s to ry is re p e a te d : d u rin g th e w a r, buildings could n o t be e re c ted becau se of th e sh o rta g e o f m a te ria ls . A fte r th e w ar, m an y school sy stem s th o u g h t p ric e s w ere g o in g to drop a nd so considered it p oor b u sin ess to bu ild u n til c o n stru c tio n co sts w en t down. 18 J e rs e y P ro je c ts D elayed Som e s ta te s, such a s N ew Je rse y , d eclare th a t a s u b s ta n tia l p ro p o r tio n of th e stu d e n ts a re su ffe rin g som e im p a irm e n t in th e ir schooling because th e y a re enrolled in classes too la rg e to p e rm it effectiv e te a c h ing. In N ew J e rs e y eig h teen projects, including new schools, additions a n d annexes, re p re s e n tin g a to ta l co st of $4,257,225, a re b ein g held up b y lac k of steel o r o th e r c ritic a l m a te ria ls . U nless m ore steel is a l lo cated d u rin g th e f ir s t q u a rte r of th is ye a r, th irty -o n e ad d itio n al b u ild in g p ro je c ts, re p re se n tin g a to ta l co st o f $12,000,000, will n o t g e t s ta rte d . D esp ite a la rg e building p ro g ram , M ary lan d h a s been unab le to keep p ace w ith its s till g ro w in g school en ro llm en t. N ow s ta n d in g a t 369,958, th e en ro llm e n t is th e b ig g e s t in th e s ta t e ’s h isto ry . In the n e x t th re e y e a rs i t is ex p ected to go to 437,000. C lasses a re being held in s h ifts a n d in sto res, ch u rch es, b a sem e n ts a nd o th er re n te d space. B ecause o f la c k o f funds, A la b a m a is n o t p lan n in g a g en eral school b u ild in g p ro g ra m . A very lim ite d a m o u n t o f B u ild in g Com m ission F u n d s is av a ila b le fo r c riti cal e m erg en cy school building needs. A su rv ey is now b e in g m ade to d e te rm in e b u ild in g n eeds w ith th e hope t h a t som e p ro v isio n s will be m ad e to fin a n c e c o n stru c tio n of school p la n ts needed. A s a resu lt, A la b a m a o fficials r e p o rt t h a t 300,000 p u p ils a r e se rio u sly in need of ad e q u ate h ousing. T o do a h a lf-w a y a d e q u a te job, th e s ta te w ould have to sp en d $300,000,000 fo r school buildings. W e ste rn R olls A re R isin g R e p o rts fro m th e M id w est a n d F a r W e st in d ic a te t h a t a h uge b u ild in g p ro g ra m w ill h a v e to be s ta r te d im m ed iately if th e en ro ll m e n t in cre a se s a re to b e absorbed. A school b u ild in g p ro g ra m is u n d e rw a y in W isconsin. M o st ru ra l schools w ere c o n stru c te d befo re 1900. I t is e s tim a te d t h a t $234,000,000 m u st b e s p e n t in th e n ex t tw e n ty y e a rs to p ro v id e ad e q u ate : facilities. L a c k of ste e l a n d o th e r c 1 ritic a l m a te ria ls h a s crippled som e of th e c u rr e n t c o n stru c tio n — a b o u t tw e n ty -fiv e p ro je c ts a r e now bein g held u p p e n d in g F e d e ra l p ri o rities. D u rin g th e c u rre n t school y e a r 24,000 p u p ils a tte n d e d schools in s u b s ta n d a rd classroom s. A school b uilding, survey, c on d u cted b y th e S ta te S u p e rin te n d en t o f P u b lic I n stru c tio n , is in p ro g re ss in Colorado, w h e re th e e ffe c t of lack of ste e l is b eg in n in g to b e felt. F ifty -six th o u sa n d p u p ils w ill s u f fe r im p a irm e n t in th e ir schooling th is y e a r as a r e s u lt o f in ad e q u a te buildings o r double sessions. I n th e n eig h b o rin g s ta te o f U ta h , fifte e n new p la n ts a re u n d e rw a y o r com m itte d , m o stly in defen se a re a s o r such m a jo r cities a s S a lt L a k e C ity a n d O gden. In a h alf-d o zen school s y ste m s, g y m n asiu m s a n d au d ito riu m s a re doubling a s c la ss room s, w hile th re e to w n s u tilize c h u rc h s tru c tu re s . A nd on th e W e st C oast, T h e T i m e s ’ stu d y fo u n d t h a t W ash in g to n ’s public school c lassro o m s w ere m ore crow ded t h a n ev er before. C o n stru c tio n h a s lag g e d c o n sist e n tly b eh in d e n ro llm en t, in sp ite of a $40,000,000 bond issu e a p p ro v ed b y th e v o ters. N eeds of W a sh in g to n A tte n d a n c e s ta te -w id e in W a sh in g to n ju m p e d 19,000 th is y e a r o v er la s t, b u t o n ly 350 new c la s s room s w e re m ad e a v ailab le. School o fficials sa y th e y need 3,000 m ore classroom s. T he to ta l c o st o f the b u ilding p ro g ra m in th e n e x t ten y e a rs, a s su m in g fu n d s a re a v a il able, is e s tim a te d a t $300,000,000. B ecause o f th e c lassro o m sh o rta g e 42,000 p u p ils now a r e rec e iv in g in s tru c tio n in te m p o ra ry “p o rta b le s ” o r in m a k e s h ift c lassro o m s in b a se m en ts, c o rrid o rs o r o th e r sp a ce no t in ten d ed o rig in a lly f o r classro o m use. In O regon school a d m in istra to rs w a rn t h a t a la c k o f steel a n d o th er c ritic a l m a t e r i a l s 'h a s d e fin itely slow ed dow n th e b u ild in g p ro g ra m . I f m o re ste e l is n o t a v a ila b le soon a co n sid erab le n u m b e r of s tu d e n ts will be on double sessio n s n e x t fall. Sim ilarly , C a lifo rn ia , now in th e m id st o f a b u ild in g p ro g ra m c o st in g $200,000,000 a y e a r, c a n n o t k eep p ace w ith i ts g ro w in g e n ro ll m en t. T h e lac k o f ste e l f o r school c o n s tru c tio n h a s becom e se rio u s in p a r ts o f C a lifo rn ia . A s tu d y in d i c a te d t h a t C a lifo rn ia needed oneh a lf o f th e e n tire a m o u n t o f steel a llo cated to th e e n tire c o u n try f o r school b u ild in g pu rp o ses. T h e re does n o t seem to be a n e a sy w a y o u t o f th e dilem m a. T h e schools need m o re s te e l a n d o th e r c ritic a l m a te ria ls . So do h o sp ita ls a n d o th e r w e lfa re ag en cies, Gov e rn m e n t a u th o ritie s r e to r t. A nd, of course, th e defense n e e d s m u st com e above all th e o th e rs . E d u c a to rs a re h o p e fu l t h a t th e G overn m e n t w ill fin d som e w a y to p ro vide th e schools w ith en o u g h m a te ria l a n d eq u ip m e n t to p re v e n t th e ch ild ren fro m g e ttin g ch eated . �INFLATION AFFECTS Cost of Operating Nation’s Schools OUTLAY ON SCHOOLS Declining Dollar Value Pushes Increased Operation Costs Still Higher Over Nation RESISTANCE TO TAXATION Revision Is Sought for Archaic Levying— Bonds for Building Face Locality Opposition By B E N JA M IN F IN E I t co sts a lo t of m oney to run th e c o u n try ’s school system . M ore b uildings, m o re tea c h e rs, m ore eq u ipm ent, m ore supplies a n d m o re ch ild ren give school a d m in istra to rs a c ontinuous he a d ac h e a s in fla tio n d im inishes w h a t av a ila b le fu n d s c a n accom plish. T h e N e w Y o r k T i m e s survey, w hich o b tain e d d a ta fro m the f o rty -e ig h t s ta te s a n d lea d e rs in A m e ric a n edu catio n , show s t h a t th is y e a r th e public school will co st th e ta x p a y e rs a b o u t $5,000,000,000 fo r o p e ra tin g ex p en ses and $1,000,000,000 fo r buildings. This is a n in cre a se of n e a rly $400,000,000 in o p e ra tin g expenses, b u t it is illu so ry b ecau se of th e in ro a d s of in flatio n . F o r th e n a tio n a s a w hole the e s tim a te d e x p e n d itu re fo r a pupil in a v e ra g e d aily a tte n d a n c e in c re a se d fro m $206 in 1950-51 to $216 in 1951-52. How ever, th e N a tio n a l E d u c a tio n A sso ciatio n n o tes t h a t th e p u rc h a s in g pow er of the $216 in p ie - w a r dollars is a b o u t $115. N ew Y o rk , w ith a n ex p en d itu re o f $325 to r ea ch pupil, leads th e ouie.- s ta t e s a nd is follow ed by N ew J e rs e y w ith $312. O th e r s ta te s sp e n d in g m o re th a n $275 include O regon, W yom ing, M o n ta n a and D e la w a re. M ississippi is a t th e b o tto m o f th e lis t w ith $88. S ta te s sp e n d in g $150 o r less a re A labam a, A rk a n s a s , G eorgia, K entucky, N o rth C aro lin a, S o u th C arolina, T ennessee, V irg in ia a n d W e st V ir g in ia . L ess of In co m e fo r Schools D e sp ite th e rec o rd a m o u n t sp e n t fo r sch o o ls th is y e a r, in te rm s of 1952 d o llars, th e p e rc e n ta g e of n a tio n a l incom e t h a t goes fo r public e le m e n ta ry a n d se co n d a ry schools is c o n sid erab le low er th a n it w a s in th e d epression y e a rs . In 1933-34, a c co rd in g to u n ite d S ta te s O ffice of E d u c a tio n fig u re s, 4.32 p e r c e n t o f th e n a tio n a l incom e w as sp e n t fo r public school edu catio n . B ut in 1949-50 (la s t school y e a r a vailable) th e c o u n try s p e n t only 2.57 p e r cen t. A lth o u g h th e m o u n tin g expense o f r u n n in g th e p ublic school s y s te m is c ritic ize d in som e q u a rte rs , F e d e ra l a id fo r school b u ildings is g e n e ra lly f e lt n e c e s s a ry i f th e needs fo r school h o u sin g a re to be m et. The current operating expenditures of the public schools compared . T h ree y e a rs a go th e N ew J e rs e y w ith cost a year ago are estimated by states as follows: public school b u d g e t w as in th e /— Total Operating Expenditure-, n eighborhood o f $150,000,000. N ow 1951-52 1950-51 S o u t h w e s t (C ont.) it is close to $200,000,000. O f th e M id d le A t l a n t i c N. M. $28,330,000 $26,984,653 $531,000,000 collected in ta x e s in N. Y. $590,000,000' $563,000,000 Ariz. 31,213,889 30,500,000 N ew J e rs e y in 1950 to m ain tain ------------------iTO.000,000 N . J ......... 196,600,000 M id w e s t g o v e rn m e n ta l services m ore th a n 297,506,508 P a ............. 314,842,579 270,000,000 244,628,651 a th ird w as u sed to p ay fo r th e 10,906,200 Ohio . Del. 11,046,455 Ind. . . . 150,500,000 141,457,000 ed u catio n of children. A b o u t 85 D. C. 22,135,400 21,211,447 288,000,000 273,000,000 p e r c e n t o f th is a m o u n t w as re Md. . 89,068,221 74,322,145 m . . . . . . Mich. 250,000,000 240,000,000 alized b y locally im posed p ro p e rty N ew E n g la n d W is. . 117,000,000 108,350,000 tax e s, th e rem a in d e r b y s ta te aid 26,438,670 Minn. 26,000,000 M e. .. 125,000,000 115,000,000 d istrib u te d a m o n g lo calities. N. H . 15.600.000 Iow a 15.100.000 117,000,000 100,433,225 Som e s ta te s fin d t h a t an a r 11,481,314 Mo. .. .. V t. .. 13.000. 000 103,000,000 98,837,035 M a ss. 152,240,585 132,381,130 N. D. 23,942,130 21,433,000 ch aic ta x s tr u c tu r e is a t th e b o t Conn. 70.000. 000 65.130.000 S. D.. 30,900,000 27,871,880 to m of th e ir ed u c atio n al tro u b les. 20,429,018 Neb. . R. I.. 2 2 . 100.000 44,200,000 41,000,000 F o r th e m o st p a rt, schools d raw K an . . 85,000,000 73,000,000 th e ir fu n d s fro m p ro p e rty tax e s So u t h r a t h e r th a n g e n e ra l tax e s. Several R o c k y Mo u n t a in Va. .. 85.000. 000 80,194,839 ed u c ato rs have proposed t h a t -the W. Va 69,679,519 58,344,398 W yo. . 16,400,000 14,270,806 ta x s tr u c tu r e be overh au led and N. C-. 122 , 000,000 1 2 1,000,000 Colo. . 55,000,000 48,357,800 m o d ern ized in lig h t o f c u rre n t 54.000. 000 S. C. . 62.000. 000 U tah . 28,300,000 27,578,644 80.450.000 76,451,451 Nev. . Tenn. 6,516,352 6,241,840 needs. 76,807,674 Ga. .. 77,757,830 R isin g B u d g ets in M idw est No r t h w est 73.000. 000 Ala. . 76.000. 000 S erio u s pro b lem s a ris e w h en th e 25,500,000 23,651,144 M iss. 40.000. 000 39,074,159 M ont. budget fo r schools Idaho 23,700,000 20,642,955 o p e ra tin g Ark. . 40.000. 000 40.000. 000 m o u n ts too rap id ly . F o r exam ple, F a r W est La. .. 89,095,580 91.000. 000 W ash. 97,466,000 93,000,000 th e to ta l o p e ra tin g e x p e n d itu re fo r 62,755,055 63.000. 000 Ky. .. 73,104,839 65,661,290 p ublic schools in W isconsin in F la . .. 82.000. 000 78,842,461 Ore. . Calif. 475,000,000 410,268,167 1951-52 w as $117,000,000, in 1950-51 S o u th w e s t it w a s $108,350,000 a n d th e y e a r Okla. 80.000. 000 83.677.000 . .$5,213,525,854 $4,836,213,084 b efo re it w a s $91,000,000. School 254,000,000 255,828,000 T o tal ta x e s a re s e p a ra te ite m s a n d th e y h a v e in cre a se d g re a tly . A n a rc h a ic ed u catio n does n o t g e t so m u ch of double o r m o re 1940 p rices. H ere p ro p e rty ta x e s c a rr y 75 p e r c e n t of th e n a tio n a l incom e a s do som e of Is th e w a y D r. J a m e s L. M cCaskill, th e school co sts in th e s ta te . th e lu x u ry item s. F o r exam ple, in d ire c to r of th e N . E . A. D ivision of In th e la s t sessio n o f th e L e g is 1950 th e people of th is co u n try L e g isla tio n a n d F e d e ra l R elations, la tu r e th e W isconsin F a rm B u s p e n t $8,100,000,000 fo r alcoholic p u ts i t: re a u , a m em b e r o f th e J o in t Com bev erag es, $4,409,000,000 fo r to I n 1950-51 th e a v e ra g e s a la ry m itte e on E d u c a tio n in W isconsin, bacco p ro d u cts a nd sm o k in g s u p in tro d u c ed a selectiv e 2 p e r c e n t plies, a n d $2,291,000,000 on cos fo r public school in stru c tio n a l s a le s t a x bill, th e proceeds of s ta f f m em b e rs w a s $3,080; th e m e tics a nd b e a u ty p a rlo r services. a v e ra g e em ployed p e rso n w as w hich w ere to be u sed f o r school D u rin g th e co m p a ra b le period e a rn in g a b o u t $3,200, o r 4 p e r cen t p u rp o se s to reliev e th e p ro p e rty (1950-51) th e y sp e n t $4,836,213,084 m ore. H ow ever, in 1939 th e a v e r ta x p a y e r. I t w a s b a d ly defeated . f o r th e u p k e e p of th e public a g e te a c h e r’s s a la r y o f $1,420 w as T h ere is som e re s is ta n c e to bond schools. I n o th e r w ords, a b o u t $15,- 12 p e r c e n t h ig h e r th a n t h a t of issu es becau se o f h ig h co n stru c tio n 0 0 0 ,000,000 w e n t f o r th e s e lu x u rie s co sts a n d s h o rta g e of m ate ria ls. a nd a th ird of t h a t a m o u n t fo r the em ployed people in g e n e ra l. I f T he d isp o sitio n is to "m a k e do" ed u catio n o f 25,000,000 b o y s and te a c h e rs ’ s a la rie s w e re in th e sam e u n til th is s itu a tio n s tr a ig h te n s out. rela tiv e po sition to th o se of all g irls o f school age. M in n e so ta re p o r ts t h a t its school e em ployed p e rso a In fo rm e d e d u c ato rs o b serv e th a t o th y r w e re in 1939, n s eto d wy as ex p e n d itu re s h a v e m o re th a n dou th e th y ould th e $6,000,000,000 expended f o r th e a v e ra g e $3,580, o r $500 above th e ir bled sin ce 1941. I n t h a t y e a r th e o p e ra tio n o f schools a n d c o n s tru c to ta l fo r m ain ten a n c e w a s ab o u t tio n o f b u ildings d u rin g 1951-52 1950-51 level. $46,000,000; th is y e a r i t is e s ti I f th e ed u catio n d o llar con tin u es w ill b u y a b o u t h a lf t h a t a m o u n t in to sh rin k , w a rn s D r. M cCaskill, m a te d a t $125,000,000. E d u c a tio n goods a nd services, m ea su red in a l n eed s a c co u n t f o r m o re th a n te rm s of th e 1939 dollar. I n m an y th is n a tio n w ill be u n ab le to ob h a lf o f all leg isla tiv e a p p ro p ria co m m u n ities th e schools ta k e th e ta in th e te a c h in g fo rce a n d build tions. th e schools req u ired to g ive a d e lion’s s h a re o f t a x m oneys, b u t I n K a n s a s $85,000,000 is av aileven th e n th e c o sts m o u n t m ore q u a te e d u c atio n to th e g row ing a b le fo r th e p u b lic schools th is n u m b er o f school children. rap id ly th a n th e fu n d s allo cated . y e a r, a n in c re a se o f $12,000,000 C onditions F a c e d b y S ta te s N ew M oney S o u rc es S o u g h t o v e r th e p rev io u s y e a r. M ost com S ta te s every w h ere, ac co rd in g to m u n itie s h a v e a p p ro v e d bond is V ario u s su g g e stio n s h a v e been m ad e fo r fin a n c ia l a s sis ta n c e to re p o rts fro m T h e N e w Yo r k su es f o r new school build in g s by th e schools. M ore s ta t e a id is T i m e s co rresp o n d en ts, a re fin d in g s u b s ta n tia l m ajo ritie s. s o u g h t in m a n y com m unities. th e g ro w in g school co sts b u rd e n F a c to r s in V irg in ia In cre a se B ond issu e s a n d in cre a se d ta x m ill- som e, y e t som ehow th e y m u st con School ex p e n d itu re s hav e rise n a g e keep m an y c itize n s a w a re of tin u e to m ee t them . rap id ly th ro u g h o u t th e So u th , a l th e needs of th e ir schools. V e rm o n t is a ty p ic a l s ta te in The c o n tro v e rsia l issu e of F e d th is connection. T he o p e ra tin g ex th o u g h th is se ctio n a s a w hole e ra l a id to th e public schools is p e n d itu re fo r p ublic schools is does n o t su p p o rt its public schools a s lib e rally a s som e o th e r a re a s . s till one o f th e “m u s t” ite m s on a b o u t $13,000,000 a n d is in c re a s I n V irg in ia th e to ta l o p e ra tin g th e a g e n d a o f m a n y school o rg a n ing a b o u t 10 p e r c e n t a n n u ally . izations. T he N a tio n a l E d u c a tio n R e sista n c e to bond issu e s fo r o u tla v f o r 1951-52 is e stim a te d a t A sso ciatio n in te n d s to co n tin u e its school b u ild in g s is b eco m in g a p $85,000,000 w h e re a s fiv e y e a rs a g o f ig h t to g e t a bill e n a cte d in th e p a re n t; som e c o m m u n ities b rin g it w as $52,000,000. F o r th e b ien p re s e n t session o f C ongress. B u t up su ch p ro p o sa ls th re e o r fo u r n ium s ta r tin g J u ly 1 th e S ta te B o a rd o f E d u c a tio n is a s k in g fo r th e p ro sp e c t f o r th e m e a su re does tim e s b efo re th e y a re accep ted . n o t a p p e a r to o b rig h t. L ocal school ta x e s in V erm o n t $91,303,675 fro m th e s ta t e ’s g e n School fin a n c in g is com plicated have in cre a se d b y a th ir d in re e ra l fu n d f o r school o p e ra tio n s—a n by inflation. T h e te a c h e rs a re con- c e n t y e a rs an d , since th e y a re in cre a se o f 33 p e r c e n t o v e r 1950s t a r )v se ek in g h ig h e r s a la rie s to la rg e ly levied on p ro p e rty , th e in 52. T h e rea so n s c ite d b y V irg in ia co m p e n sa te fo r co st-o f-liv in g in c re a se is beco m in g b u rdensom e. creases. T h e c o st o f a ll m a te ria ls S ta te a id fo r e d u c atio n h a s in fo r th is p ro je c te d in c re a se —a n d a nd e q uipm ent used b y th e schools creased , b u t does n o t ab so rb th e th ese rea so n s h o ld t r u e elsw h ere— h as gone u p s h a rp ly , som etim es m a jo r fin a n c ia l p ressu re . S ta te or 'a re : ex p e cte d e n ro llm e n t in c re a se �n o so a n eedn w rk d to th point w e th y v c d that m re s te aid is th g children, Florida c n e p c to tio . C n lid tio is d p n e t to o e e h re e in e a xet o ta e ro os e b x n pn e k y to th so tio o all m jo b ca e e lu n f a r e lled u o to m e this e p n a c n id ra le e te t u o th pn et xe c n “n lo g r ta e it.” a o n e k ig w y . e u a n l p b m in N w J r diture in th n a fu re O e h h a s d c tio a ro le s e e e e r tu . th r O e a unw th rs re illing to a c p cet sy e. S u e s te a in a sim o th rn ta s re ilar T e is n o e a s e to all th h re o n n wr e th lim e itations o their p rs n l n e oa ps n o itio . p b m ra e b th e u a rs ro le s is d y e d c to . Aid fo H n ic p e U e r a d a p d rg d fre d m im o e b ce in c m eo psd y rta o p vd T e m s p ssin h ot re g p b m B fo th s h o a im ro e , ro le s e re e c o ls re m n s. Still o e find that c n u itie th rs o W ut g a r a p p tio s fa e o e u a n in T x s a th n e s will h v to b e a in d itho re te p ro ria n ae e xme c d n d c tio ea re e e d ditions in m n s h o s s m a t to c n tru t n w s h o , e p y a y c o l y te s c os c e c o ls m lo locally a d th n c s a fu d n e e e s ry ns o n g n llm n , e to c rb their na u tura e th s s m re te c e o p y higher sal m u tin e ro e ts th building o ta e . D W rth M C re e l n u ia m o a h rs r a r. o c lu , x s o g s sc rc h rta e , a ity o qualified b in d f a d z a for "do n el ing a g o jo .” od b a s n im o n im ro e e t te c e rie , o p rta t p v mn n a h rs a d insufficient s h o e u e s c ta o th A e n c o l c tiv e re ry f e m rica “T e is n d u t that really in e u a n c n b re liz d in fu d o th lo h re o ob d c tio a e a e s o ia n f col dm n s n e cal le e v l. F c rs A s c tio o S h o A inis a to th ro g - o g re e rc into th N w J rs y or e e h re o u h g in sa h e e e e ls w e . to n f e ot pointing u th s p b m a re tra rs, o e o th m s influential p e e ro le s re te c e s o g is lo g o e u ,” a h r h rta e n v rd e e o n , o ts E u a rs in M s a h s tts s y a d c to as cue a ctiva n o m tio f ilitary in lla n s h o g u s in th c u try p in sta tio s, c o l ro p o s rv s D M G th “S c a th te c e s o g , n e fo s e d g u p d c n o d fe s to th s rio s difficulties c u e b be e r. c ra . uh e e u asd y e a h r h rta e ed r p e in p ro u tio f e ne stu y sh u e p re all p a e o m re a e u te sa rie n e fo in strie a d a clim d o ld x lo hss f o f oe et s g w dqa la s, e d r du s n bing birth lack o m n y to m e fa t- ro th m tte e o o ic so ia a d n w buildings to ta e c re o e ra . T x s is still trying to c tc ing en llm n a d o e rapid in e a r— c n m , c l n e ro e t n ffs t k a f n te e a a h p ch lo ic l— n a m t to u ro e ts w e sy o g a a d tte p n o ts s n m d te llm n h re th y h v in u w its building p g m a r c a e in c s a a im e ia e ae p ith ro ra fte re s c v r th ro t c u e . W n e to c a e a d th re la e e t o a th building d a oe e o ass e ed re s d n e p c mn f n e os e d e e rth during th w r p b m to b c n id re . e a ro le k o all th re s n w y p o le tiq a d buildings a nw e aos h ep u te re th m s p rio . T e p b m is D c m g "M re te c e will c s m re e ot e d h ro le e o in o a h rs ot o g , o d n t g , into te c in p ssin n e s for th im ro e a u w o r o o o a h g re g ed e p v c te ith sca rcity o m te ls, m n y h n te . "T a h rs sal f a ria o e ,” e o s ece ’ a d w y th y s y o le v it. W m n o e u a n in their s te a d high c s . n h e ta r a e e e t f d c tio ta . n o ts a s a a s b h d th rise o liv rie , lw y e in e f n e to k o w a m k s a g o D J h J D s o d J M s a ed n w h t ae o d r. o n . e m n r., a s o ts re o S v ra M w s rn s te list ing c s , a n w falling further ee l id e te ta s cue h s tts S te C m is io e o reo a iza n a d co so a n o b h d tha e e Everything th ta o ms nr f te c e a d w a m k s a b d ahr n h t ae a n v r. e rg n tio n n lid tio f e in lled a o for m re th sm ll districts a their m s s h o u e c s m re tha it did ls o te c e A d w n e to k o E u tio , ca a h r: n e ed n w d ca n n e a s o t c o ls s o t o f d c tio , o e re w a c n b d n to d v lo th equality o e u a n s that th p ssin s h o n e . N b sk is b fo K re . T e h t a e oe ee p e e re o a h re is e id n e v ec g c o l ed e ra a h n ic p e w u h v a e u l typical in this re p c T e a that th su sta tia in re s in th a d a p d o ld a e n q a m ra o th p fe s n s tha o le f e ro s io o t e b n l c ae e s e t. h re re e lthy to le rn n rly 7 0 s h o districts in th n tio a b d e m d n c s a b a th s w o e te it will h v n c a c w oe h n r a e o h n e ith th hea ea ,0 0 c o l e a n l u g t a e e e s ry y h w to b s lf- u p rtin . o e e spo g c u e to reg as ret their c o e h ic .” s te E ro en ta . n llm ts, it is fo n , d n tio a d fe s is beginning to u d o a n l e ne u f ee p s n tiv p ta n cal s u e o o rc s f O th w o , th s te a re n e h le e ta s g e O t o s v n re re e ta e n t justify th la e n m e F r dry u s te a d lo o e rg u b r. o u e te d n orth C ro a th s k o e o o y a d a b tte s h o su p rt.” a lin po a to th m s p ssin n e s in s p rin n e ts in N s e o t re g ed e ae f cnm n e r col e us n f th e e u a n p fe s n T e p lle o th q e tio o their e u a n l p g m redistricting D sp d c tio ro s io . hy o d n d c tio a ro ra , e ite th g w g p b m e ro in ro le s c o ls o t re g ed, e a re w g e ith D la a e w re that m re s h o ’ m s p ssin n e s fiv is fo n to b n c s a . T e s te fa e b th s h o , e u a rs o ud e e e s ry h ta cd y e c o ls d c to re s” e e c g iz d e e e s fu d for s h o a im e tiv . tw sa o o n su en rth ao e r h s n v r re o n e th n c s ity e e w e ns c o ls re p ra e listed "m"mfu d pa d te cthrs a e e v ry h re a re co fid n that n et o id re rio h Te U h nified S h o L col egislative w o s t th s n a fo te c in o ha ving p p ro erly qualified te c th e u tio a facilities will b a h e d ca n l e h e e ta d rd r a h g f C m itte in D la a , w ich in th o m e e w re h rs for th e m n ry g d s stre g e e rather th n w a e e e le e ta ra e . n th n d a eknd e sho c o l.” A co in c rd g to e c m ris s tw n la a d p fe T o a D B o p e e ty y n ro s h m s . ailey, S te S p rin High s h o g d a s w n c l in th im e ia c o l ra u te ith o o e m d te y a e rs a e d ha. ta u e g re e itte sio l g u s in re d in e u a te d n o Florida, te c e a d le e training a still p rm d to T e po na ro p te ste dc hy int to th tre e d u in e mn o s net f a h rs n tio , s s e that a c a g in th s h o buildings a th tw m s te c u d r ce in c n itio s n tre s d hne e col rta od n. te st ta e b th public, a evi re kn y e s re e o o t a h n e ta s t- p w s n e e s that m re p ssin e u a n l n e s It will x e u a edd o o s’ Sim ilarly, th m s p ssin n e d n e b th h n re s o citizen e o t re g ed ecd y e u d d f re g d c tio a e d . fu d c n b p v e . ns a e ro id d u ho t e e o ta a col y col o m e req ire $ 5 0 ,0 0 to bring th for th M n n public s h o s s s h o c m itte s thro g u th u 4 ,0 0 0 e e p v ry M n e u a rs s y m re s te N g s h o buildings a d facili te is th c n lid tio o m n c u try a p o that p o le e e a y d c to a o ta m e o so a n f a y o n , s ro f e ro c o l n re re d a d willing to ay n a , or s m fo id o e rm o F e l a , tie u to th s n a o s h o s h o districts. A f ed ra id uthorities o th w e f e h re a s p e ta d rd f c o ls c o l po e e c o ls d ca n A o ia n su p rt th fre public s h o . ss c tio is th a s e Practically all te c fo w e n w r. ah r hite ch re . B s d o th M n n ild n ae n e o ta a E u tio tro g c o ls tre g e u u o ta a ta e , principals a d officials o th U rs n f e nited S te S p m C u d point o t that M n n is a s te S n s h o will s n th n o r ta s u re e o rt e e o ra d n S te B a o E u tio a c n cisio co c rn g e u a n for N o v s s a e a d sm ll p p la d m c tic tra itio s. ta o rd f d ca n re o a ou n n e in d c tio e f at pcs n � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Why Our Public Schools Are In Serious Trouble", six articles by Benjamin Fine, Education Editor, New York Times, no date. 10 pages. Description An account of the resource Series of articles addressing problems facing public schools nationwide. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource New York Times, Benjamin Fine Date A point or period of time associated with an event in the lifecycle of the resource No date Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_14 https://projectdaps.org/files/original/bfde6feab0c89e4a85dec86acef574d1.pdf 42c6c465ead2aebad12ae6d4e01df575 PDF Text Text AASSOCIATION A T IT S C IV IE a #< Published to advance the Centennial Action Program, 1951-1957 Number 22 NATIONAL EDUCATION ASSOCIATION, 1201 SIXTEENTH ST E T NORTHW RE EST, WASHING N 4, P . ~ TO @titlciim. ok the Schools What To Do About It All school systems, large or small, rural or urban, are faced with criticism from day to day. Most of such criticisms are natural and probably constructive. This l eaflet i intended to help local teachers associations recog s nize the importance of dealing effectively with everyday situations and also with those c i i a periods that a rtcl rise occasionally in communities. O titic lin t— -£) f ta tf ojy t?czily Jltrinj Criticism i vital to the democratic process. The teaching p r o fe s s io n h a s s long r e c o g n iz e d constructive c r itic is m as a means o f k e e p i n g s c h o o ls re sponsive to the needs of the c o m m u n i t y . D u r i n g thl la s t f e w ye a rs s c h o o le boards, parent-teacher groups, and the p r o fe s s io n Irave m a d e a n e ffo r t to encourage the public to take a more active part in s i ttidying s c h o o l p r o b l e m s and making s u g g e s tio n s f o r their im p r o v e m e n t. C r iti c is m h a s its g r e a te s t v a l u e w h e n c itiz e n s and e iu c a to r s u se i t in w o r k c ing cooperatively to s o lv e s c h o o l problems. J?ome J^ailc fttem i5e5 1 Public schools b e l o n g to t h e people. T h e y e x e r c is e . their prerogatives thru la y representatives on boards of education. 2 The need for public education i accepted and sup . s ported by the people. Conflict about educational proc e sses arises because of ( ) lack of information about a them, and (b) differences of opinion about objectives, methods, and technics. 3 Teachers are employees of the public. This does . not mean, however, that they should s c i i e sound arfc principles for the sake of placating unwarranted c i i rt cism. The teaching profession i obligated to protect s the good reputation of an institution which society has created for i s own welfare. t 4 Experience shows that in those communities where . two-way channels of communication between schools and community have been established and utilized, citizens have confidence in teachers and education be- c a u se they are acquainted with what the schools are doing. 5 When cooperation between schools and community . i at a high l v l sudden outbursts of unwarranted s ee, criticism do l t l harm. Leaders among citizens will ite r s to the occasion and give full support to the schools ie in cooperation with school o f c a s fiil. 6 . When unwarranted criticisms are made, teacher leaders should exercise restraint. It should be as sumed at the start that those who criticize, no matter how loudly, are sincere, honest, well-intentioned peo p e even though they may be lacking in informa l, tion about the schools and their problems. This leaflet is designed to aid officers and pub lic relations committees o f local associations, as w e ll as a d m in is tra tors, school board members, PTA and other civic leaders in identifying and dealing with criticism o f th e schools. It was prepared b y the National Commission fo r the Defense o f Democracy Through Education. Lay a n d p ro fe s sional leaders m ay contact the Commission fo r suggestions for dealing with specific situations. A d d itio n a l fre e copies are available fo r lay and professional leaders. 5-10-56 12M �(S o n itiu ctive @ titicfom Every good te ach er know s th a t criticism is a p a r t of th e educative process. Some of his tim e is s p e n t in conferences w ith p a re n ts an d pupils discussing n o t only in d iv id u al p u p il problem s b u t also th e s u b je c t he teaches, the school cu rricu lu m , the academ ic s ta n d in g of the schools, a n d a variety of o th e r m atters con c ern ed w ith education. I f a criticism appears to b e v alid , he acknowledges it as such a n d concentrates o n ways to overcom e the p a rtic u la r deficiency o r w eakness. I f a criticism appears to be based on a m isco n cep tion , he attem p ts to clarify it. Sometimes criticism goes beyond the w o rk o f th e in d iv id u al classroom teacher and becom es g en e ra l. F o r exam ple, a g ro u p of parents m ay be dissatisfied w ith w hat they re g a rd as poor teaching. T h e y co m p a re notes an d decide, perhaps, th a t insufficient a tte n tio n is b eing given to spelling or some o th e r s u b je c t in the elem entary grades. T h e n they ap p ro a c h school officials a n d p resen t th e problem . O bviously, if th e re is d o u b t about p u p il com petence in any school subject, teachers should ex a m in e s ta n d a r d test results a n d w ritte n work. If there a re serious deficiencies, th e teachers concerned sh o u ld ac k n o w l edge them a n d assure citizens th a t special a tte n tio n w ill be given to th e m in the m onths ahead. T h e ex ten t to w h ich teachers are w illin g to face criticism s objectively is a good ind ication o f th e degree o f confidence w hich th e public w ill have in its schools. t? e it i.active CZiiticiim D u r in g re c e n t y ears d e stru c tiv e c ritic is m , e m a n a tin g fro m in d iv id u a ls a n d fro m n a t io n a l as w e ll as local p ressu re g ro u p s , h a s b e e n d ire c te d a t s c h o o ls g en e ra lly . T h is p ro p a g a n d a , so m etim es a p p e a r in g i n n ew sp ap ers, m agazines, a n d in fla m m a to ry p a m p h le ts , te n d s to u n d e rm in e th e p u b lic ’s co n fid en ce i n th e in te g r ity of teachers a n d in th e effectiveness o f th e p u b li c schools. Som e o f th is p r o p a g a n d a com es fro m g r o u p s w h o are openly h o s tile to th e p r in c ip le o f u n iv e r s a l p u b li c e d u cation. T h e p u b li c schools a re p ic tu r e d as a g o v ern m e n t-o p e ra te d m o n o p o ly a n d effo rts a r e e x e rte d to c rip p le p u b lic schools, fo r e x a m p le , t h r u p ro p o sals for ta x re d u c tio n s f o r p a re n ts w h o s e n d t h e i r c h ild re n to o th e r schools. P ro p a g a n d a a lso com es fro m g r o u p s w h o accu se the p u b lic schools o f s u b v e rtin g th e A m e r ic a n w a y o f life. T h e y ch a rg e th e schools w ith p r o m o t in g w elfare statism , c o llectiv ism , S ocialism a n d C o m m u n is m . I n som e c o m m u n itie s d is g r u n tle d in d i v id u a l s have used p ro p a g a n d a p a m p h le ts a n d a u t h o r i t a r i a n p ro ce d u res to cre a te a c o n tro v ersy c o n c e r n in g e d u c a tio n . Criticism is constructive to the extent that i t is motivated by a desire to i m p r o v e the existing school situation. Distinguishing between Constructive and Destructive Criticism U sually it is difficult to classify th e criticism s of p u b lic schools in to ju s t tw o categories: c o n s tr u c tiv e a n d d e structive. H ow ever, w h en local controversies becom e sh arp en ed a n d e m o tio n s r u n h ig h , so m e in d i v id u a l s a n d g ro ups tend to ta k e extrem e positions on issues. I n such an atm o sp h e re th e d is tin c tio n b e tw e e n c o n s tru c tiv e a n d destructive criticism becomes clearer. T h e follow ing ch a rt p resen ts so m e o f th e d is tin g u is h in g c h a ra c te r istics: Constructive Criticism Destructive Criticism Seeks im provem ents D eals w ith issues Is based o n facts Is specific Is h o n est Uses re stra in t R ecognizes strengths an d w eaknesses T o le ra te s differing opinions T e ars dow n a n d destroys D eals w ith p e rso n a litie s Ignores facts Relies o n g en e ra lities Is freq u en tly d is to rte d T e n d s tow ards sen satio n alism U nderem phasizes s tre n g th s a n d overem phasizes w eaknesses Is in to le ra n t o f d iffe rin g o p in io n s EDUCATION FOR AMERICAN CITIZENSHIP �K now the "Technics ofj o6tlle Cfi.ou.p6 Id en tify the channels th ru which attacks a re lau n ch ed . E x p erien ce shows th a t th e approaches listed below a re m ost com m only used by organized hostile g roups follow ing a d estru c tiv e fo rm u la. H ave any o f these been trie d in your com m unity? No Yes -------- N ew spapers are flooded w ith letters destruc tively criticizing the schools. -------- T h e schools are made a po litical issue d u r in g a schoolboard election o r b o n d issue cam paign. -------- P rivate school attendance is advocated to "relieve” overloaded public school classes a n d encourage com petition for h ig h e r stand ards. -------- A ttem p ts are made to discredit n atio n ally p ro m in en t educational leaders, b u t th e re is an im m ediate outcry of "sm ear” if an y ef fo rt is m ade to indicate the n a tu re of the source of attack on the educators. -------- T h e tim e an d talents of the B o ard o f E d u catio n m em bers are diverted to answ ering detailed an d often trivial questions a n d de fen d in g the philosophy of th e schools to the neglect of other pressing duties. Yes -------- T h e superintendent is subjected to sim ilar treatm ent. -------- T h e "big lie” technic is used—th e su p erin ten d en t and teachers are la beled "Progressivists” repeatedly. -------- E ducationally sound practices are challenged, even tho no effort is m ade to u n d ersta n d them. -------- R u m o rs are spread that there a re su b versives on the school staff. -------- Local groups organize w ith a s e le c te d m em bership and hold closed m eetings. No V icious p ro p ag an d a p u t o u t b y g ro u p s o u ts id e th e com m unity is d is trib u te d . T h e nam e chosen fo r th e pressure g ro u p is o ften m islead in g a n d n o t in d icative of its tru e purposes. T h e g ro u p claims to b e a frie n d of th e school and teachers, b u t attack s th e leaders. T h e p rogram a n d p ro ced u re s of th e g ro u p are sim ilar to th o se o f a n ti school groups in o th e r co m m u n ities. T h e fires of controversy a re k e p t b u r n ing. Know the Charges "They" say schools today: Som e have o f th e been c h a rg e s u s e d in in th e c o lu m n a t t h e l o c a l c o m m u n itie s b y r ig h t in d iv id u a ls F ail to te ach th e three Rs. C ost to o m u c h money. s in c e r e ly d e v o t e d t o t h e im p r o v e m e n t o f p u b l i c e d u F ail to te ach m o ral an d s p iritu a l values. c a t io n . A dvocate “J o h n Dewey's godless p ra g m a tism .” D u r in g r e c e n t y e a r s , h o w e v e r, a g r e a t m a n y c o m m u n it ie s h a v e e x p e r i e n c e d a t t a c k s o n t h e i r s c h o o ls fro m g r o u p s w h o h a v e e m p l o y e d th e s e c h a r g e s w i t h or unreliable o u t s u p p o r tin g d a t a m a tio n fro m w i t h f a ls e o r d i s t o r t e d i n f o r s o u rc e s . h e a r d i n y o u r c o m m u n it y ? A re any of th e m •A re “ godless, secular schools.” Q E m phasize "Progressive” ed u c atio n . Use m e th o d s a n d m aterials w h ich a re subversive. H ave to o m a n y frills a n d fads. A bolish c o m p etitio n th ru new ty p e re p o r t cards. �Helpful Procedures Study the local criticisms carefully to determ ine whether or not they are an expression of genuine dissatisfaction from a group sincerely desirous of remedying an alleged weakness in the school program. Apart from motives, determ ine whether or not the alleged weakness exists. If the schools are being unjustly criticized by a local pressure group, local teachers asso ciation leaders and others should study carefully the technics used. Make certain that procedures for meeting organized criticism are coordinated and compatible. T h e school administration and the local teachers association should cooperate fully in planning ways and means of meeting destructive criticism against the schools. Efforts, of course, should be made to reach an understanding with the dissident group. Assuming that such efforts fail, the local teachers association leaders, in cooperation with the school adm inistration, PTA leaders and other supporters, should decide whether to ignore wild charges from the destructive-minded group o r take a strong stand in opposition to these unfair allegations. If the destructive group appears to be hunting for sensational headlines in the newspaper, the best strategy may be to ignore the wild charges. O n the other hand, if the local newspapers appear to be playing up the wild charges and signs of unrest in the community become evident, vigorous action to counteract the unsupported and the un fair charges may be necessary. Although it is impossible to create an infallible formula that will reduce tension in every school-community controversy, one or more of the suggestions in the chart below should be helpful. The Local Association Ac 1. Arrange a conference between the local association officers and the superintendent. This is the first step. An effective action program is dependent upon under standing and close cooperation between the adminis tration and the teachers association. Consider enlarg ing the group to include parent-teacher leaders and schoolboard members. 2. Appoint a special committee to be responsible for studying the propaganda activities of pressure groups. 3. Devote at least one association meeting to a considera tion of pressure groups. Discuss the issues and plan ways to acquaint parents with the facts. 4. Assign to a committee, preferably the one in charge of public relations, the task of alerting citizens to the nature of these pressures. 5. Intensify efforts to have parents visit the schools. Against Unjust Criticism 6. Develop a file of publications and source materials con cerning pressures affecting the schools. Circulate signi ficant ones am ong schoolboard members, P T A leaders, service organizations, others. 7. Utilize inform ed laymen and teachers to explain the work of the schools on radio, television, and before meetings of civic organizations. 8. Call together education committees of lay organizations to explain the situation and mobilize their active sup port. 9. Encourage the formation of study groups composed of teachers, school patrons, and others to analyze anti school propaganda. 10. Arrange face-to-face conferences with local editors and radio and television broadcasters in order to be sure that they will have the facts ab o u t the local school situation. The Local Association Strives to Build Good School-Community Relations 1. Develop effective technics to use in cooperating with the superintendent and schoolboard to interpret the schools to the community and the community to the schools. 2. Cooperate closely with the school adm inistration and the local board of education in identifying an d solving school problems. 3. Conduct public opinion polls concerning the teach ing of the fundamentals, the curricula, school activi ties to ascertain the extent of community knowledge of and support for the school program. 4. Acknowledge demonstrated weaknesses and cooperate with the school administration in setting up a corrective program. 5. W ork w ith parent-teacher and other civic groups to make sure th at school issues are given adequate and accurate consideration in their meetings. 6. Promote American Education Week an d o ther activities that bring the public into the schools. Suggested Additional Reading Public E ducation u n d e r Criticism by C. W infield Scott a n d C lyde M. Hill, Prontice-H all, Inc., N. Y., 1954. Selected articles b y lead in g o p ponents a n d p ro p o n e n ts o f m odern public e d u c a tio n , su ggestions fo r a ctio n . Forces A ffecting A m erican Education, 1953 Y earb o o k o f th e A sso ciation f o r S upervision a n d Curriculum D evelopm ent, th e Asso ciatio n , NEA. A nalyzes fo rces affectin g to d a y 's schools. O u tlin e s p o sitive p ro g ra m s fo r Im p ro v in g education H ow W e F o ught f o r O u r Schools b y E dw ard D arlin g , W . W . N orton a n d C o., Inc., N . Y ., 1954. A doc u m e n ta ry n o v el describ in g a n attack o n a local publicschool system . N a rra tiv e is fictional, b u t fa c ts a r e tru e . W ritten in c o llab o ratio n w ith m em b ers o f staff o f C e n te r fo r R eid Studies, H arv ard G ra d u a te School o f Education. S trengthening C om m unity Life: Schools C an H elp, p u b licatio n o f th e E ducational Policies Com m ission NEA, 1954. Show s h o w sch o o ls can stren g th en local com m unity life a n d gives illu stratio n s o f h o w th ey h elped in six com m unities. It S tarts in th e C lassro o m , publication o f th e N a tio n a l School Public R elations A sso ciatio n , NEA. A h a n d b o o k f o r classroom te ach ers w h ich h elp s th em g rasp their ro le in p u b lic relatio n s. M any h e lp fu l suggestions. Team ing U p f o r Public R elations, pub licatio n o f th e N a tio n a l School Public R elatio n s A ssociation, NEA. A public re la tio n s h an d b o o k desig n ed p a rtic u la rly f o r a sso ciation le a d e rs , su p e rin te n d e n ts, prin cip als, sup erv iso rs, col lege p ro fe s s o rs , a n d s ta te d e p a rtm e n ts o f ed u catio n . Defense B ulletin, N a tio n a l Com m ission f o r th e D efense o f De mocracy th ro u g h E d u catio n , NEA. Bulletin issu ed sev eral tim es a y e a r to p resid en ts o f local te a c h e rs ' a s s o c ia tio n s a n d o th e r e d u c a tio n a l le a d e rs fo r th e p u rp o se o f a c q u a in tin g them w ith activities b o th inim ical a n d helpful to th e w e lfa re o f public edu catio n . B ibliography o f A rticles concerning C urrent Criticism s o f Schools a n d R eprints o f S ignificant Articles concerning A ttacks on Schools, N ational C om m ission fo r th e D efense o f D em ocracy th ro u g h Edu cation, NEA. (B ib lio g ra p h y b ro u g h t u p to d a te sem i-annually.) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource This collection consists of the personal papers of Elizabeth Pfohl Campbell, and covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959. The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and activities in education and local politics. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource National Education Association, Local Association Activities Leaflet, # 22, "Criticism of the Schools, What To Do About It", May 10, 1956. 4 pages. Description An account of the resource Leaflet designed to aid administrators, educational organizations and civic leaders in dealing with criticism of the schools. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource National Education Association Date A point or period of time associated with an event in the lifecycle of the resource 1956-05-10 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_2_13