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                    <text>The UINCHESTEH B3AN0H of the H.A.A.O.P..
COMMUNICATION BULLETIN
Dear Members:
In the past year we, the civic minded groups of Uinchcstfcci, l e i e
\ lt
bound our hearts, hope, and aspirations together for
of ideas that speaks to, and stand for a progressive community.
In this progressive idea we do not seek to hinder the progress of
any person, but we do seek to explore the possibilities of enhancing
our resources to achieve better educational facilities, better
educational thoroughfares for our children to walk therein, as well
as to have the advantages thereof.
The process of living for our
children involves more than the Checks and Balances that we seek to
be maintained in institutions of learning; we advocate a blending
of healthful condition in the home and within our immediate neighbor­
hoods.
The ideals of Christian sanitation should clean not only our
minds but our alley, our street, our back yard, our personality, otir
attitude, in all phases of social habitation.
We are looking forward, and hope that day will soon come when thes&lt;c
principles will take root and grow. Here and now we are asking
cooperation in planting the seed. We are asking cooperation in
toiling in the organizing the Community for a safe place to fruits
this community working process.
Our job is not one to establish
fear, our goal is not one of riot, nor is our objective one that
feeds one's selfish moods to be seen or heard of to be "social or
political spot light".
In Welfare, as an example, we seek to
answer for the indigent, the desolate, : to serve as an informs'.Jam
service to a government agency or agencies which will render help
because of our referals, we seek to clean up the shelters of the
poor by offering the information for A.C.I.I.O.H. to neighborhoods
which might think that there is no way out - nor help.
We seek
jobs for the jobless - but first to utilize the talent and not to
rebuke to servitude without exploratory vocational guidance - to
this aim we seek to tap the human resources.
But in all our doing
we seek to understand the community in which we live.
To be
intelligent enough to make a contribution and not the burden nor the
source of Cheap labor for a stagnating Community Social Economy.
The job we seek to do is first - Educate, to show that a better life
is possible for all men - loving all races, all creeds, and all
colors. We seek to first educate one to vote, and to expose one
to the purpose and the results of registration, enlighten by the
knowledge of civic government, and relate the profits of being taxx
payers.
All these things in love we seek to first give. None of
the joys of living we knowingly seek to take away. This is the
purpose of the Banquet on March 8th, 1963. We are just the sponsors
of the program, and in no way, we the XiAACP, are the influence of
the total play in which you are the main characters - of Character Civic Character, that is - so let us stand up for ourselves.
Thank you,
David DeBerry - Minister of do .1
Ma ■
’
The President of Winchester Branch of the IT.A.A.0.3?.

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                    <text>(

t

t

The WINCHESTER BRANCH of the HAAOP

COMMUNICATION BULLETIN
Immediate Problems!
The immediate problem confronting the Negro Communit,” was brought
before the City Council in the Council Chambers at City Hall.
In
part the Committee of Men, who spoke to that issue gave inpart the
approximate problem of the Negro within the Community.
The purpose
was a simple one. tie, the members of the body, seek to educate our
Negro element of the Community of the problem as well as to acquaint
them with aides and advantages within the rights using the law..
But the idea too, is to show the White element that the contented
man is not complacent byt only appears as such. The White man
knows of Natural Rights and Natural Law - but to the Negro these
are mere terms.
Our human story is one of Apathy
where it should
be one of Brotherhood to all men.
The job situation is one in which the wage structure does not gnd
will not allow a progressive civic interest among all peoples tf.
fe
feel the Community Education in civic affairs is one field ijl whisk'
we need help.
Our job, that is of the interested, is to ^.vo the
many who arc now with carefree attitudes. The social gap is a
tremendous social and -economic and political and educational dlsianc
equality is in qualification and in prepared people. We do not
make assumptions that we have mass preparedness of people not do
we deny kthis Gap - "but it is our duty to save the captive mind
and free the bonded". -Once this community was one with historical
families and noted ties with the affairs of the city in all phasea.
Now the indigent is in the majority, and the settled Negro with
integrity is no more and the minority is the contended remnant.
This is our job. This is our problem.
This is our life.

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                    <text>THREE YEARS ANALYSIS OF VIRGINIA ELECTORAL REGISTRATIONS
R Y
C I T Y /

C O U N T Y

A N D

R A C E

BRANCH

-

City/County

Alexandria

W

2 ,O 7
2 li

N

W

92
0

2 ,1 5
7 7

N

W

N

3 6
,01
871 2 ,3 8 1 8 -V

13 5 1,27a ao,a7i 1,195
( ,2 2

Arlington
Charlottesville

15
99

15
98

15
97

9,567 1,189

0 5
9 ( 7 1,171 1 ,0 8
,16

1 ,33a

Covington

2,775

U5 . 2 7
6,7 5

a6o 2,775

a65

Cumberland

1 3
,3 0

25
7

3 0 1,300
0

V

360

Danville

1 , 0 1,61a
02 l»

1 (5
,17

9 3 1,557 10,a89
,89

1,781 V

5 8 a,5a5
5

50
7

2,810

8 5 3,a6a
7

9
a9

627

5,75
0

5 2 a, 730
8

hV

55
3

1, 10
(6 (

5 5 5,a55
3

86
6

6,626 a,7a3 17,756

5,09a

Fredericksburg

hh3
,9

55
6

Greensville

3,070

960

Halifax

5 3
,8 0

Hanover

1 10
,6 (

Newport News

18,0
76

Norfolk

6 ,6
5 30 10,873

3,878

3 5
,8 8

V
5 ,12 9 8 6a, 662 ll,a86 - 9 ( 2 ,8 8

Petersburg

6,o6ii

2,252

7
6,029 2,20 6,017

2,316

Portsmouth

n,5i5

li,555

H,lil5 a,309 19,557

5,290

1 9
,83

13
(2

a 7 1,978
2

a7
8

Prince George

1,819

Richmond

5 ,8 8 15,3 U
3 5
6

5 ,6 6 1 ,3 ( 51,362 i5,6ai +
5 6 2 16
■

Roanoke

3 ,2
1 83

2,709

33,178 2 9 30,725
,6 9

Surry

1,075

12
(5

1,075

25
6

York

3,283

698

2,715

5 0 3,763
2

7
a9

James City

1,103

29
9

1,123

3 2 1,105
a

37
0

Williamsburg

1,175

120

1,173

1 0 1,103
2

103

9
25

2,698

a5o -f-

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                    <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

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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

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L

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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.
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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 ” .

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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

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§ 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

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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.
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§ 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 ]

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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.
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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 .

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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.)

§

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§ 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 ]

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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

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§ 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

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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

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§ 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

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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

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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

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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

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§ 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
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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.
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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 ]

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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-

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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
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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.)
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§ 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:
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(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&gt;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

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L

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Su

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§ 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

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§ 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

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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

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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

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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.

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§ 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” .

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§ 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

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§ 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
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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

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§ 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 .

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�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&gt; 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&gt; funds have
, &gt;,
been made aw “ " — effective for the session 1952-19« (Minutes, Vol. 23, p
These regulations are
41, April 24, 1952.)
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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
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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&gt;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
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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
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Vehicles as required for school bus operators.
22, 1952.)

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(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.
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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.
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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
&gt;
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.)
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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.
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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. /.)
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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.
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(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.
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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.
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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.

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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.
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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
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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
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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

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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]

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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 . •&gt; 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.

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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.

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                    <text>THE VIRGINIA STATE CONFERENCE
of
YOUTH COUNCILS AND COLLEGE CHAPTERS

The Virginia State Conference of Youth Councils and College Chapters Constitut
ional status:
~ ~
X.

Constitution of the NAACP (the blue book)

2.

Constitution and iy-Laws for Branches

--- - 3.
1.
*

Constitution and iy-Laws for Youth Councils and College Chapters
Constitution for Virginia State Conference

A study of the constitutions listed above give in detail the authority
for existence and the Constitutional limitations imposed upon, and powers con
ferred on Branches, Youth Councils and College Chapters.
Article III, Section 2, sub-section (i) of the Branch Constitution states:
The Committee on Youth Work shall consist of the Senior Branch Adviser to
the Youth Council, the Senior Branch Adviser to the Junior Youth Council, the
Youth Council President, and the Junior Youth Council President. The membership
of this Committee may be increased by the Branch Executive Comn.ittee to seven
members.
Article XIII-Youth Councils and Junior Youth Councils:
Section 1 - Youth Councils; Branches of the Association may organize Youth Coun
cils and Junior Youth Councils which shall be subordinate to the Executive Com
mittee and under the immediate supervision of the Youth Work Committee.
Section 2 - Adviser: There shall be a Senior Adviser to the Youth Council and a
Senior Adviser to the Junior Youth Council in conformity with the rules of the
Association. The Adviser must be a member of the Senior Branch or a member at
large of the Association.
Section 3
the Youth
best with
names the

- Selection of Adviser: Not more than three names shall be sent by
Council to the Senior Branch of persons which the group feels will work
them as Adviser. The Senior Branch must select from the submitted
Adviser to the Youth Council.

Section 1 - Branch-Youth Council Relationship: Youth Councils are clearly sub
*
ordinate to Branches insofar as they initiate programs and procedures not prev
iously approved by action of the National Boara of Directors or by resolution
passed at National Conventions of the Association.
Youth Councils must secure prior approval of the Executive Committee of the
Branch before engaging in projects involving litigation or legislation.
Section
- Branch-Youth Council Controversies: Within fifteen (13) days after a
controversy arises between a Youth Council and a Senior Branch, the senior advis
er, the presidents and secretaries of both units shall prepare and forward signed
report (s) to the executive secretary of the Association for arbitration, decision
Or referral to the appropriate regional office or state conference for investi
gation and other action.

�-

2

Respective parties shall send copies of all reports submitted by them to
state conference or regional office and to the other party to the controversy.
The original report to the executive secretary shall contain a statement that
copies have been forwarded as provided above,
THE HAACP YOUTH ADVISOR
The Advisor is the adult leader of the HAACP Youth Council. Through his
clo.3e personal contact with individual members of the Council he has an extra
ordinary opportunity to assist in the development of each member. His experi
ence and mature judgment should help the group substantially in its thinking
on both personal and organizational problems. The effective Advisor realizes
that the process involved in the planning and execution of Youth Council pro
grams makes an important contribution to the growth of Council members.
The Advisor should encourage members of the Council to look objectively at
all projects and questions which might arise from time to time. He helps them
to view the problems from all sides and to arrive at sound conclusions through
democratic procedure and discussion. His personal skills as a leader contribute
to the growth of respect of his opinions and ideas. Usually the adult Advisor
makes his most important contribution to the work of the Council in the executive
committee meetings. In this small group he can be of invaluable help to the of
ficers and committeemen in building their conception of their respective res
ponsibilities. The Advisor should encourage the Council officers to carry out
successfully the duties of their officesT"~Ts
eriodic meetings between the exe
cutive committee and the Advisor in the Advisor's home can often help to create
a warm, friendly personal relationship between the officers and himself. One
of the greatest tributes that can be paid to an Advisor is the friendship and
confidence of individual members of the Youth Council.
Duties of Advisor
General s
A.

To meet regularly with the Council and to stimulate their thinking about
local programs and projects with which they should be concerned.

B.

To establish and maintain a close relationship between the Youth Work
Committee and the executive committee of the senior branch.

C.

To work with the Council in promoting attendance at local, state and nat
ional meetings.

D.

To participate in leadership training programs sponsored for adult Advisors.

E.

Assist officers and members of the Council to understand the program and
policies of the Association and their relationship to the program.

F.

To keep the National Youth Secretary, the president of the local branch
and the State Conference Senior Advisor informed of the activities of the
Council; to coordinate its work with that of the adult branch.

�- 3 -

Program Responsibility:
A.

Aid in preparing annual program recommendations.

B.

Train officers and members in fundamentals of program thinking.

C.

Evaluate program.

D.

Maintain program records.

Working with Council Officers:
A.

Discussions prior to meetings.

B.

Aiding officers in acqttlring confidence, knowledge and skill.

C.

Assemble instructional material for training officers.

D.

Periodic review and evaluation of officers' performance.

Role of Advisor During Meeting:
A.

Pre-meeting preparation essentials;
on business items.

agenda, alternative courses of action

B*

Advisor should work through his officers whenever possible.

C.

Direct participation in meeting should be kept at minimum.

D.

Follow-up action indispensable.

Securing Branch Support for Youth Programs
A.

Orientate top branch leadership in youth program.

B.

Keep branch leadership infoimed on youth activity.

C.

Coordinate youth-branch program.

D.

Offer definite recommendations to the Branch on Youth program.

Responsibility to National And State Organizations;
A.

Keep Youth Secretary and Senior State Advisor informed of activities of
Council.

B.

Help expand membership and fund-raising potential of Council.

C.

Inform Youth Secretary and Senior State Advisor of problems and issues
facing youth in local community.

D.

Keep Youth Secretary and Senior State Advisor informed of correct names
and mailing addresses of Council officers.

�-

E.

li

-

Make recommendations for improving programs and literature of Youth Division

Keeping Records:
A.

Attendence and membership records.

B.

Individual personal records.

C.

Program records.

D.

Periodic reports.

Qualifications for Effective Adult Leadership
Adult leaders in the NAACP program differ greatly in their ability to work suc
cessfully with young people. Some have shown a remarkable ability to develop
youth councils that have high esprit de corps (comradeship). Others find them
selves unable to develop such high spirits in their Councils. Some are able to
develop effective programs which utilize the skills and resources of all the of
ficers and members of the Council. Still others are able to lead their Council
in developing broad and varied Youth programs ranging from purely civil rights
issues such as discrimination against Negro girls in department stores to broad
er projects such as discussions on the United Nations and other related topics.
There are many reasons for the success and failures of adults in their work with
young people. 0ur experience indicates that the most successful NAACP Advisors
tend to possess the following qualifications:
a) They are familiar with the NAACP program and philosophy.
b)

They are interested in young people and in their development as effective
citizens.

c)

They tend to be well irtforaied about the physical, social and psychological
needs of young people in the various stages of their development.

d)

They are warm and personable and have characters which attract young per
sons to them.

e)

They have a clear concept of the Youth Council program.

f)

They are willing to sacrifice their time and interest in other activities
for the Youth Council.

g)

The methods which they use in working with young people are democratic and
sound.

h)

They are emotionally mature.

The above factors are interrelated and each contributes to the develop
ment of a good and effective advisor. An adult leader who takes a personal
interest in each member of the Council will find the young people coming to him
for guidance and advice. The leader who has insight about group work techniques
will know immediately how to discover the interest and needs of young people.

�- 5 How to Work Successfully with Young People
The NAACP adult Advisor must recognize his role in the Youth program if he
is to work successfully with a council. The Advisor must also recognize some of
the problems which young people are undergoing at this stage in their develop
ment. In this manner the Advisor-will be able to effectively reach through and
win the support and confidence of the young people with whom he must work.
Here are a few suggestions for working successfully with young people in
your Youth Council program:
1.

The Advisor has the responsibility for setting the emotional tone of the
Council. The atmosphere must be one of friendliness, confidence and opti
mism. A spirit of friendship must prevail among all. Good leadership
and personality develops best under such conditions. The Advisor must
accept every member of the Council as equals, with no favorites and no
members as scapegoats.

2.

X e a m the background of each member of the Council as thoroughly as pos
sible. It is necessary that you know as much as possible about the per
sonal life of each Council member in order to understand the behavior of
these persons at Youth Council meetings.

3.

A personal knowledge of each Council member will lead to individualized
.objectives. Each member may be interested in different aspects of a given
program.

i.
l

This information will give invaluable assistance to the Council when
planning its program. The Council's program should, of course, reflect
the interest and needs of its membership. Possession of this information
will not in, and of itself, enable you to work successfully with young
people, but when applied intelligently in your work with the Council
should reflect itself in a more effective and better coordinated pro
gram activity.
The Guidance Role of the Advisor

The HAACP Youth Advisor should serve as a guide to the Council. He should
become familiar with the various techniques which have proven successful in
this particular phase of his work. An effective guidance leader does not
"direct", "order" or "require" the Council or individual members to undertake
a given project or perform a particular task? nor does he belittle, punish or
shame a member because of some action which the particular member might have
committed. He instead attempts to understand each member and to develop zijutual respect and confidence with all members of the Council. He should strive
to release rather than suppress the initiative of the leaders and members of
the Council. He also realizes that the objectives of the program will be rea
ched slowly and only as mutual cooperation and understanding between members of
the Council and himself are developed and strengthened.

�-

6

-

The Advisor should guide the Council in clarifying the program 'and poli
cies of the Association and in orienting new members into the work of the Coun
cil. The effective Advisor can perform this guidance role by asking questions
of clarification, by making suggestions and by sharing his experiences with
officers and members of the Council. Sometimes it is necessary that he exert
"stronger influence" by requesting a postponement or delay in action until addit
ional research has been done or by counselling the group that the proposed action
is likely to have ill effects on the total program of the Association if it is
carried out.
In each one of these instances the Advisor should attempt to explain in
detail the whys of his decision. The Advisor should make maximum use of his
experiences, intelligence and resource in guiding the group in finding answ
ers to the problems with which they are concerned rather than attempt to solve
the problems himself. The Advisor should also allow Council officers to call
the meeting to order and to proceed with the business of the meeting rather
than have himself serve as chairman or initiate the business of the particular
meeting. In this manner the Advisor contributes to the growth and development
of the leadership talents of each Council officer.
Developing the Council Program
The Council program should be developed around the particular issues in the
community which are of interest or importance to young people. It is suggested
that these interests, as far as is possible, be related to civil rights or in
some manner to citizenship education of the Council members. The type of pro
gram which will be of interest to young people in one community may not necess
arily attract the same interest of young people in another city or town. It is,
therefore, important that the Youth program have a local base and that main em
phasis be on local problems which affect young people. Many "excellent suggest
ions may be gotten by reading the resolutions from previous conventions of the
Association.
One of the first projects which the Council might undertake may be centered
in research and information. It is important that we have information.about
discrimination in employment, in housing, in education, voter registration
(suffrage) and in the other areas in which there might possibly be discrimination.
The Council might undertake a survey in one or perhaps two of these areas to
find out to what extent discrimination exists, and with this information deter
mine the type of major program which it might undertake for the year. Addition
al program suggestions may be secured free of charge by writing to the Youth
Secretary, Herbert L. Wright, at the National Office, or to Conference Executive
Secretary, W. Lester Banks.
Youth Membership Criteria
Membership in the NAACP Youth program is open to ary person between the ages
of 1 and 21 who subscribes to the program and policies of the Association. The
membership fee in the Youth Division is based on the age of the individual ap
plicant. The fee breakdown is as follows?

�- 7 Persons between the ages of

1 and 16 —
17 and 21 —

$ .50 per year
1.00 per year

All Virginia Youth Units use this breakdown of membership monies!
Paid by member
$ .50 *

1.00

Retained by Branch

$

#*

Sent to National Office

.2 0
. 1(0

$

.30

.60

* Youth Council Members (under 17)
■»*Youth Council Members (17 thru 21)
The Value of Records
It is important that the Youth leaders as well as the adult Advisors keep
accurate records on programs and activities of the Council. The Advisor should
keep a regular weekly report chart which will indicate the attendence, the number
of new members present, the nature of the program as well as the estimate as to
the effectiveness of the meeting. By keeping such records the Advisor will be
able to intelligently and objectively make suggestions to the executive committee
and the program committees of the Council for improving the Council's activities
in the future. Youth officers should be required to give reports to the membership
of the Council in writing, and the secretary of the Council should be required to
send periodic reports on the activities of the Council to the president of the
branch, the adult advisor and to the Youth Secretary at the national Office.
Accurate membership figures should be kept. A list of,all the members as well as
their mailing addresses and phone numbers should be readily obtainable from the
Youth Council secretary. By encouraging the officers to keep such records the
Advisor will be contributing to the growth and development of mature and responsi
ble Youth leadership. The Advisor should consciously attempt to give greater
responsibility to Council Officers. He should also take great pains and effort to
try and get the officers to fulfill these responsibilities.
How to Evaluate the Youth Council Program
In order to improve our grogram and to help develop more effective training
methods and procedures for both our Youth and adult members, it is necessary that
we continually evaluate our program. Through an effective evaluation program we
can determine those areas in which our program is weak and develop new projects to
strengthen those weak spots. Our leadership also needs to be evaluated continually
so that we might determine what new types of leadership training programs may be de
veloped to help us secure better trained and better informed Youth leaders and adult
Advisors. In attempting to evaluate the program of an NAACP Youth Council, you should
set up a series of standards by which the performance of your Council or Chapter can
be grades. These standards should reflect the nature of relationship which your Council
has with the local branch, the state conference of branches and with the national
officte. It should also reflect the presence or absence of democratic procedure in the
organization.

�-

8

-

This pamphlet is intended to serve as a guide for adults who are working
with NAACP Youth and College units. It presents only basic information which
we feel Advisors should possess in order to work effectively and intelligently
with young people. In addition to studying and learning the contents of this
pamphlet. Advisors should also attempt to attend as many local, state regional
and national training conferences as possible in order to improve their skills
and techniques in working with Youth and College members of the Association.
In this manner, we will be able to attract larger numbers of young people into
the work of the Association and also to maintain the interest of these people
in later years in working with our adult units. Working with young people
is a great challenge to the intelligence and patience of an adult leader.
The effective Advisor soon discovers that he must learn new techniques and
procedures right along with his Youth officers in order to continue to be effec
tive in the work. If particular problems arise in your Council which you cannot
solve, we suggest that you write to Herbert L. Wright, NAACP Youth Secretary,
20 West both Street, New York City or to your State Senior Advisor, Mrs. Roberta E .
Robertson, 1217 Church Street, Norfolk, Virginia and secure their assististance.
Facilities of the State and National Offices are available to you and the other
members of your advisory committee to assist in whatever way possible in the
development and expansion of the Youth College program of the HAACP. The future
of our program depends upon your effectiveness in the local community. The degree
to which you are able to develop interest in the Youth program will determine the
speed with which we shall be able to eliminate discrimination and segregation from
our country.

NAACP Youth and College Evaluation Chart
City _____

State

Date

Name of Youth Council_____________________ College Chapter___________
President

____________________________ Advisor

______ __________________

National Standards;
1.

Has a charter from the national office.

2.

Is affiliated with the state conference of youth councils and college
chapters, YESL__J
NO I
1

YES L . I
—

NO '
-

I

3.
I.
t
5.
&gt;

Is active with the local adult brapch. YES I " i NO I
"
1
Participates in state, regional and national NAA.CP training conferences.
Has contributed to the Freedom Fund campaign for the current year Y ES|

6 . Has sent at least 25 new members to the national office this year.
7.

Has an interracial membership.

YES 1 . .1
-

YES I

1 NO I

I MO I
I

l E S d l NO l~

~
l

NO IZHH

8 . President and Advisor attend meetings of the local adult branch executive committee
representing the youth council.

YES I
___ 1

9 . Follows through on action letters. YES |

NO f ~ 1
~
I

NO !~~~I

10.

Sends names and addresses of Council (Chapter) officers to state and national
offices whenever changes occur. YES I
I NO 1"'"1

11.

Has at least 25 paid-up members in the Council (Chapter).

YES I

1

NO I

|

I

�PROPOSED BY-LAWS FOR MORE EFFECTIVE YOUTH WORK COORDIHATIHB
The Constitutional status, the Branch-Council relationship and the respon
sibilities and duties of the Youth Council Advisors have been dealt with in
detail in the foregoing paragraphs.
Senior Conference Advisor The criteria established for the Youth Council or College Chapter advisor
also applies to the state and regional (or district) advisors.
Delegates in attendenoe at the annual State Youth Convention nominate
a senior advisor and as many assistant advisors as geographical and popu
lation studies indicate are needed. These nominations before they become
final must be approved by the adult convention delegates meeting in concurrent
session.
The duty of the Senior Advisor shall be to interpret the state and Nation
al Youth programs to the several youth Councils and College Chapters. It shall
also be the duty of the Senior Advisor to assign assistant Advisors to geograph
ical subdivisions of the state upon recommendation of and in consultation with
the executive committee of the Youth Division of the State Conference.
Assistant or area advisors must not only have a clear conception of an Ad
visor's responsibilities and duties, but must also be clearly aware that the
State-Senior and Assistant advisors exist solely for the promotion and enhanc
ing of the state Youth Program. Therefore, their work is always in cooperation
with the local youth Advisors* program. Stated differently, the state advisors
must never assume the duties and responsibilities of the local advisor in the
performance of her assigned duties.
Assistant or area advisors, however, should be constantly alert as to the
caliber and the type of supervision being rendered by the several Council Advis
ors in her jurisdiction. Where deficiencies and irregularities are found, t h e ®
should be reported promptly to the Senior State Advisor and at the same time efforts
should be made to remove such deficiencies and irregularities through conferences.
Such conferences should be initially be engaged in by the council and State Assis
tant Advisor. Should such a conference not remove the inabilities, a second con
ference should be engaged in, bringing into the conference, the branch President,
the Youth Conference President, the State Senior and Assistant Advisors and the
Council Advisor.
MULTIPIE YOUTH COUNCILS
Youth Councils in Virginia should follow the general pattern used by the Adult
units, that is, they should refrain from the establishment of multiple councils
within a given political sub-division of the state. However where geographical,
transportation, leadership or other related factors indicate that pronounced dis
advantages are being experienced from the one-council set-up, the council should
be encouraged to establish area units. These units in eveiy respect will be
subordinate to the parent council. Monies received from memberships and fund
raising activities should be reported promptly to and held % the Council
treasureri

�10

-

Y o u t h Coun ci l s operating wi t h the unit system may appoint as many assistant
a d v i s o r s as needed, however, these advisors b y virture of their appointment do
no t assume adult e x ecutive Board status.
These unit leaders - officers, however,
s h o u l d be m e m b e r s of the Youth Councils' Executive Board.
All monies disbursed
w i t h e x c e p t i o n of memb e r s h i p monies, shall not be withdrawn from the treasury or
o t h e r w i s e expe n d e d w i t h o u t prior approval b y the council or b y the Council's
E x e c u t i v e Board.
N o A d v i s o r or officer shall have the personal privilege to report memberships
or to e s t a b l i s h a n y group not working with the chartered youth Council of the area.

R EMFMRERl! *OlJ R YOUTH

OUR
/

s

W I L L BE
t o m o r r o w 's l e a d e r s
" B U IL D
YOUR

C O U N C IL
W IT H
YOUR EYES ON
TOMORROW"

�</text>
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                    <text>V O L V O CLUB OF WASHINGTON
announces
i s first annual
t
"DRIVE F O R CHARITY" AUTOCROSS
at Prince George's Plaza - October 15, 1961
benefit of the
CRIPPLED CHILDREN'S SOCIETY O F M E T R O P O L I T A N WASHINGTON, INC.

A clean, open and highly equitable course has been designed
on the lines of our Irish Sweepstakes Autocross. The entire
Volvo Club membership i working to organize an event that
s
will provide maximum enjoyment to all participants. In addi
tion to the 20 trophies to be awarded for F T D and for the 1st,
2nd, and 3rd places in 3 sports car, 2 sedan, and 1 ladies
class, all entrants will draw for extra prizes. A special
trophy will be awarded to the fastest Volvo. Dash plaques
will be given to each driver.

Date - Sunday, October 15th
Place - Prince George's Plaza Shopping Center
on East-West Highway - Hyattsville, Md.
Registration - Starts at 11:00 a. m.
First car off at 12:00 noon
Entry fee - $3. 50 per driver
Further information - Jim Britt, O L 2-3889
Barbara Marx, JE 4-0730
Join us in this sports cars for a better community event!
DA S H P L A Q U E S

TROPHIES

PRIZES

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                    <text>issued

by

LEAGUE OF
WOMEN VOTERS

�Q U A L I F I C A T I O N S FOR V O T I N G

CONTENTS

You M a y

. . . Y o u a r e a U. S. c i t i z e n 21 y e a r s o f a g e o r o v e r ;

Page

Q u a lific a tio n s

..........................................

V o t e If :

1

. . . Y o u h a v e l i v e d in V i r g i n i a o n e y e a r , in A r l i n g t o n six
m o n t h s , a n d in y o u r p r e c i n c t 3 0 d a y s ;

S pe cia l E le ction s ..................................... 3
A b s e n te e V o tin g ..................................... 3

. . . Y o u h a v e p a i d y o u r poll t a x e s a s r e q u i r e d ; a n d

H o w to R e g is te r........................................ 3
C o u n ty G o v e rn m e n t in A rlin g to n .... 4

. . .

a n d C h a rt ............................................. 5

You a re registered.

P recinct M a p ...........................................6 -7

Y o u M a y V o t e in a P r i m a r y if you are qualified to vote in the general

P o llin g

election for which the primary is held.

Places ........................................6 -7

F e de ra l E m ployees ................................ 8
P o litic a l P arties ........................................ 9
A t th e P olls ................................................ 10
E le ction T im e ta b le s ................................ 11
Y o u r P o litic a l A dd re ss ...........................12

DEADLINES
1.

Poll T a x Deadline — Pay y o u r p o ll ta x s ix m onths b e fo re N ove m b e r e le ctio n day
( in 1 9 6 0 b y M a y 7).

2.

3.
by

Prim ary Elections are held th e Tuesday a fte r th e second M o n d a y in July.

4.

p u b lis h e d

R e g is tr a tio n — Y o u m ay register, o r re p o rt ch ange o f address, o r change o f nam e,
a n y tim e up to 3 0 days b e fo re p rim a ry e le ctio n o r u p to 3 0 days b efore N ovem ber
e le c tio n ; o r 6 days before a special e le ctio n .

General Elections are held th e T uesday a fte r th e fir s t M o n d a y in N ove m b e r (in

th e

196 0 , N ove m b e r 8; in 19 6 1 , N o ve m b e r 7.)

league of Women Voters of Arlington
A non-partisan organization interested in encouraging intelligent
citizen participation and responsibility in government.

REM EM BER: Y o u re g is te r o n ly once, b u t y o u r p o ll ta x m ust be p a id each year.

�S p c e ia l E le c tio n s

POLL TAX
W h a t it is. T h e p o ll ta x is a c a p ita tio n o r head ta x o f $ 1 .5 0 fo r each y e a r o f
V ir g in ia residence, le vie d on e ve ry c itiz e n o ve r 21 w h e th e r o r n o t he o r she intends
to vote.
No

p o ll ta x

is assessed fo r th e

fir s t

p a rtia l c a le n d a r year.

I f yo u

m ove to

I f a special e le ctio n is h eld before th e second T uesday in June you m ay vote if
you were q u a lifie d to vo te th e previous N ovem ber o r if you p a id a ll p o ll taxes due
a t least s ix m onths before the second Tuesday in June. For a special e le ctio n held
on o r a fte r second Tuesday in June, v o tin g q u a lific a tio n s are th e sam e as fo r
th e N ove m b e r g eneral e le ctio n o f t h a t year. Y ou m ay re g is te r to vo te in a special
e le ctio n up to six days p rio r to th e e le ctio n unless i t fa lls d u rin g th e 3 0 -d a y period
b e fo re a re g u la r e le ctio n , when books are closed.

V ir g in ia on J a n u a ry 1, you p a y th e p o ll ta x th a t year; i f yo u m ove to V irg in ia on
J a n u a ry 2 o r a n y d a te th e re a fte r, you are n o t assessed th e p o ll ta x fo r th a t year.

A n y q u a lifie d v o te r w ho is physica lly
u n a b le to go to th e po lls on e le ctio n day
o r w ho is a w ay on business o r v a c a tio n ,
m ay v o te by absentee b a llo t.

Its Relation to V o tin g . In o rd e r to v o te you m ust h ave paid, s ix m onths before
th e N o ve m b e r e le c tio n , a n y p o ll ta xe s due fo r the th re e years im m e d ia te ly preceding
th e y e a r in w h ic h you w ish to vote.

H o w to A p p lv f o r H a llo !

J a n u a ry 1, 1 9 6 0

1 9 6 0 p o ll ta x n o t due u n til
D ecem ber 19 6 0

1. A s k in person a t th e G eneral R e g istra r's o ffic e (Room 101, In ve stm e n t B u ild
ing) fo r th e a p p lic a tio n fo r an o ffic a l b a llo t, w h ich m a y be f ille d o u t im m e d ia te ly.
Y o u w ill th e n receive y o u r b a llo t. O r
2 . W r it e th e G eneral R e g istra r fo r th e a p p lic a tio n fo r a n absentee b a llo t. You
w ill receive a n a p p lic a tio n fo rm w h ic h m u s t be f ille d o u t a n d witnessed b y one
person, g iv in g th e w itness' address. For a p rim a ry , s ta te w h ic h p a rty b a llo t you
desire. T h e n m a il o r g iv e th e a p p lic a tio n fo rm to th e G eneral R egistrar n o t less th a n
e ig h t, nor m ore th a n 6 0 days, b e fo re th e p rim a ry o r general e le ctio n in w h ich you
wish to vote. Enclose 6 4 cents to cover th e registered m a ilin g o f th e b a llo t to you.
Be sure to sta te w here you w ish th e b a llo t m a ile d .

a n y la te r d a te in 1 9 6 0

1 9 6 0 p o ll ta x n o t assessed

H o w t o L a s t Y o u r V o le

J a n u a ry 1, 1 9 5 9

1 9 5 9 p o ll ta x

a n y la te r d a te in 1 9 5 9

1 9 5 9 p o ll ta x n o t assessed

in 1 9 5 8

1 9 5 9 p o ll ta x
1 9 5 8 p o ll ta x , i f assessed

In 1957

1 9 5 9 p o ll ta x
1 9 5 8 p o ll ta x
1 9 5 7 p o ll ta x , i f assessed

IF Y O U M O V E D TO

y o u

p a y

.................

(s ix m o n th s b e fo re th e N o v e m
ber election)

V I R G I N I A .................

1. W h e n yo u receive th e sealed e nvelope c o n ta in in g th e b a llo t, ta k e it, sealed,
to a n o ta ry p u b lic a n d fo llo w th e in s tru c tio n s on th e envelope.
2. R etu rn th e b a llo t in th e o ffic ia l envelope, b y registered m a il o r in person. A n y
b a llo t re tu rn e d in a n y o th e r w a y w ill be void.
3 . If yo u f in d th a t you w ill n o t need to use y o u r absentee b a llo t, re tu rn i t u n
opened a t least th re e days before th e e le c tio n ; th e n , i f you go to y o u r p o llin g place
on e le c tio n d a y yo u m a y vote.
4. Even th o u g h you h ave ca st y o u r absentee vote, you m a y a ppear a t th e polls
on e le c tio n day, v o id y o u r b a llo t, a n d v o te in person.

H O W T O K E L IS T E H

M em bers o f th e A rm ed Forces and Veterans. M e m b e rs o f th e A rm e d Forces are
excused fro m p a y m e n t o f th e p o ll ta x fo r a n y y e a r o r p a rt o f th e year in w h ic h th e y
w e re in a c tiv e service, p ro v id in g th e y c la im V irg in ia as th e ir legal residence. Those
w h o a re overseas m a y v o te w ith o u t re g iste rin g . In th a t case th e y should a p p ly fo r
A rm e d Forces b a llo ts fro m th e S tate B oard o f E lections, R ichm ond, V irg in ia . T h e
spouse o f m ilita r y personnel m u st m e e t th e sam e v o tin g re q u ire m e n ts as o th e r
c iv ilia n s .

Registration is considered perm anent in V irg in ia , fo r as long as you file your
incom e taxes. O nce registered, a lw a y s registered, fo r as long as you m a in ta in your
legal residence. H ow ever, a n y ch ange o f address o r nam e, m u st be repo rte d to th e
G eneral R egistrar.
W h en : Y o u m ay re g iste r a n y tim e in th e y e a r e xc e p t d u rin g th e periods when
th e re g is tra tio n books a re closed — 3 0 days p receding th e p rim a ry , 3 0 days pre
ce d in g th e g e n e ra l e lections, a nd s ix days p re c e d in g a s pecial e lection. Remember to
ta k e your poll tax receipts, or, i f exem pt, p ro o f o f m ilita r y service.
How : T h e " b la n k p a p e r" re g is tra tio n la w w h ic h w e n t in to e ffe c t J u ly 1, 1958
requires the fo llo w in g : R e g istra tio n to vo te s h a ll be m ade on a b la n k sheet o f paper.
T h e a p p lic a n t, unless p h y s ic a lly u n a b le to d o so, sh a ll m a ke a p p lic a tio n to the
re g is tra r in his own h a n d w ritin g , w ith o u t a id , suggestion o r m em orandum , in th e
presence o f th e re g is tra r, s ta tin g th e re in his nam e, age, date, and place o f birth,
residence, and occupation a t th e tim e and for the one year next preceding, and
whether he has previously voted and if so, the state, county and precinct in which
he voted last. T h e re g is tra r s h a ll, i f requested, in a d va n ce o f th e a p p lic a n t's m a kin g
a p p lic a tio n , g iv e th e a p p lic a n t in fo rm a tio n as to th e req u ire m e n ts in c id e n t to re g is tra
tio n , a n d advise th e a p p lic a n t as to th e p e rtin e n t pro v is io n s o f th e C o n s titu tio n a nd
th e Code o f V ir g in ia . N o o th e r w r itte n o r p rin te d m a te ria l sh a ll be used o r referred
to b y th e a p p lic a n t w h ile m a k in g a p p lic a tio n fo r re g is tra tio n .
A p p lic a n ts are c a u tio n e d th a t th e y m u st su p p ly th e 10 item s o f in fo rm a tio n in th e
order liste d and th e y are re m in d e d to be sure a nd kn o w where th e y la st voted
(in c lu d in g precinct).

2

3

In 1 9 5 6 o r e a rlie r

19 5 9 , 1 9 5 8 , a n d 1957 p o ll taxes

How and W h e n to Pay. T h e p o ll ta x is assessed by th e C om m issioner o f Revenue
on e v e ry person o v e r 21 years o f age kn o w n to be in residence in th e c o u n ty on
J a n u a ry 1 o f a g iv e n ye a r. T h e b ill is m a ile d b y th e T rea su re r, a lo n g w ith o th e r
ta x b ills , a n d is p a y a b le by December 5 . If you have n o t received y o u r p o ll ta x b ill
b y D e cem ber 1, c a ll th e T re a s u re r's o ffic e to be b ille d , o r pa y in person a t th e C o u rt
H ouse. I f you f a il to p a y th e p o ll ta x b y D ecem ber 5, yo u m ust pa y i t w ith a fiv e
p er c e n t p e n a lty add e d by th e re g is tra tio n d e a d lin e th e fo llo w in g M a y , in order to
vote.

�POLLING PLACES
Precinct and Number
ABINGDON (22)

Abingdon School
3935 S. Abingdon St.

ARLINGTON (1)

Peyton-Randolph School
13th St. S. &amp; S. Quincy St.

ARLINGTON FOREST (25)

Arl. Co. Recreation Center
440 N. George Mason Drive

ASHTON HEIGHTS (2)

Ashton Hts. Women's Club
413 N. Irving St.

AURORA HILLS (3)

Nellie Custis School
712 23rd St. S.

BALLSTON (4)

Stonewall Jackson School
855 N. Edison St.

BARCROFT (5)

Barcroft School
625 S. Wakefield St.

BUCKINGHAM (6)

Kate Waller Barrett School
4400 N. Henderson Rd.

CHERRYDALE (7)

Cherrydale School
3710 Lee Highway

CLAREMONT (28)

Claremont School
4700 Chesterfield Rd.

CLARENDON (8)

Matthew F. Maury School
3550 Wilson Blvd.

COLUMBIA (9)

Arlington No. 1 Fire House
1041 S. Edgewood St.

COURTLAND (10)

Clarendon Fire House
1006 N. Hudson St.

DOM INION HILLS (29)

McKinley School
1030 N. McKinley Rd.

EAST FALLS CHURCH (11)

Tuckahoe School
6550 N. 26th Rd.

FAIRLINGTON (12)

Fairlington School
3300 S. Stafford St.

FILLMORE (26)

Jefferson Jr. High
816 S. Walter Reed Dr.

GLEBE (30)

Fire Station
1900 S. Walter Reed Dr.

JYC.VCARLYN (13)

Kenmore Jr. High
200 S. Carlyn Spring Rd.

JEFFERSON (27)

Patrick Henry School
700 S. Filmore St.

LEE (14)

American Legion Hall
3445 N. Washington Blvd.

LEXINGTON (31)

Robert E. Lee School
5722 Lee Highway

LYON PARK (15)

Fillmore School
33 N. Fillmore St.

LYON VILLAGE (16)

Lyon Village Com. House
1620 N. Highland St.

MADISON (35)

James Madison School
3829 N. Stafford St.

MARSHALL (36)

Taylor School
2600 N. Stuart St.

NOTTINGHAM (37)

Nottingham School
5900 Little Falls Road

OAK RIDGE (32)

Oak Ridge School
1414 24th St. S.

OVERLEE KNOLLS (17)

Walter Reed School
1644 N. McKinley Rd.

PARK LANE (18)

James Monroe School
2300 Key Blvd.

ROCK SPRING (33)

Williamsburg Jr. High
3600 N. Harrison St.

ROSSLYN (19)

Woodrow Wilson School
1601 Wilson Blvd.

THRIFTON (20)

Stratford Jr. High School
4100 N. Vacation Lane

VIRGINIA HIGHLANDS (21)

Jefferson Dist. Fire House
601 23rd St. S.

WESTOVER (23)

Swanson Jr. High School
5800 Washington Blvd.

WOODLAWN (24)

Woodlawn School
4720 16th St. N.

YORKTOWN (34)

Yorktown School
Yorktown Blvd. &amp; N.
Greenbrier

�P O L I T IC A L
P A R T IE S A N D

FED ERA L EM PLOYEES
F e d e r a l R e g u la tio n s

N O M IN A T IO N S

Except fo r a fe w h ig h o ffic ia ls , em ployees o f th e E xecutive B ranch o f th e Federal
G o v e rn m e n t o r o f th e D is tric t o f C o lu m b ia are re s tricte d in th e ir p o litic a l a c tiv itie s
by law . T h e H a tc h A c t p ro h ib its a fe d e ra l em ployee fro m ta k in g a n a c tiv e p a rt in
p a rtis a n p o litic a l m a n a g e m e n t o r c am paigns. H e m ay n o t s o lic it o r receive p o litic a l
fu n d s , n o r m ake a p o litic a l c o n trib u tio n in a fe d e ra l b u ild in g o r to a n o th e r federal
e m ployee. H e m a y n o t use h is o ffic ia l a u th o rity o r in flu e n c e to in te rfe re w ith an
e le c tio n o r its results. T h e g e n e ra l purpose o f these re s tric tio n s is to p ro te c t the
fe d e ra l em ployee fro m be in g fo rc e d to render p o litic a l service o r trib u te .
T h e fe d e ra l e m ployee m a y exercise h is rig h ts as a n in d iv id u a l c itiz e n .
vo te , express h is p o litic a l vie w s in o rd in a ry conse rva tio n a nd discussions
p a r tic ip a tin g in o rg a n iz e d p o litic a l ca m p aigns and m eetings, d is p la y p o litic a l
w hen o f f d u ty , sign p e titio n s , a n d p a rtic ip a te in c o m p le te ly n o n p a rtis a n lo c a l

H e m ay
sh o rt o f
em blem s
e lections.

C e rta in c o m m u n itie s n e a r W a s h in g to n , D. C., A rlin g to n a m ong th e m , are p a rti
a lly e x e m p t fro m p o litic a l a c tiv ity re stric tio n s . A fe d e ra l e m ployee re sid in g in one
o f these c o m m u n itie s m a y ru n in local elections as an in d e p e n d e n t ca n d id a te , o r
c a m p a ig n fo r in d e p e n d e n t ca n d id a te s, even th o u g h c a n d id a te s re p re s e n tin g m a jo r
p o litic a l p a rtie s a re a lso c o n te n d in g .
T o f in d o u t w h e th e r a p a rtic u la r a c t is p ro h ib ite d in y o u r co m m u n ity , co n s u lt th e
O ffic e o f G eneral C ounsel, C iv il Service C om m ission, DU 6 -3 2 8 8 , o r w rite to the
C iv il Service C o m m ission, W a s h in g to n 25 , D. C.

S la te H e rn ia tio n *
V irg in ia s ta tu te s p ro h ib it th e fe d e ra l em ployee fro m serv in g on a c o u n ty e x e c u tiv e
board. H old e rs o f c e rta in types o f fe d e ra l positio n s m ay be a p p o in te d to co u n ty
school boards. Those e lig ib le a re d e fin e d as: "s u c h c le rks a nd o th e r em ployees as
h o ld m in o r p o sitio n s, w ith o u t e x e c u tiv e a u th o rity , a nd w hose p o s itio n w ith the
F ederal G o ve rn m e n t is such t h a t th e re is n o t a c o n flic t o f in te re st betw een such
fe d e ra l e m p lo y m e n t a n d service as a tru ste e o f a local school b oard cha rg e d w ith
th e re s p o n s ib ility o f a d m in is te rin g s ta te a n d local e d u ca tio n a l p o lic ie s ."
R e tire d fe d e ra l em ployees m a y serve on local g o v e rn in g bodies.

V o liiii; " H a r k llo m r "
T h e fe d e ra l e m ployee pays taxes to local a n d s ta te g o ve rn m e n ts (a n d receives
in re tu rn services such as schools a n d highw ays); th e re fo re , he has a real concern in
th e e le c tio n o f th e o ffic ia ls w h o d e te rm in e g o v e rn m e n ta l policies, w h o set th e ta x
ra te , a n d w ho de cid e how h is ta x m oney is spent. N evertheless, some fe d e ra l em
p loyees c o n tin u e to v o te " b a c k h o m e " because th e y a :e n o t sure if th e re g u la tio n s
g o v e rn in g th e a p p o rtio n m e n t o f c iv il service positions on th e basis o f s tate residence
a ffe c t th e m . A ll ve te ra n s a re e x e m p t fro m th e a p p o rtio n m e n t pro visio n s. A n u m b e r
o f fe d e ra l agencies a n d jo b c la s s ific a tio n s a re also e xem pt. Federal em ployees who
h ave p roved th e ir residence a n d a re in th e a p p o rtio n e d service w ill ne v e r need to
re e sta b lis h o u t o f s ta te residence as long as th e y hold a fe re d a l g o ve rn m e n t job.
For f u r th e r in fo rm a tio n as to w h e th e r a p p o rtio n m e n t concerns you, co n s u lt th e Public
In fo rm a tio n O ffic e r, C iv il Service C o m m ission, DU 6 -5 2 1 1 .
8

■ ■

T he Job of th e Parties is to p ro vid e o rg a n iz e d c hannels th ro u g h w h ic h citize n s
can ta k e an a c tiv e p a rt in g o ve rn m e n t; to p u t im p o rta n t issues in to d e fin ite fo rm by
w r itin g th e m in to a p la tfo rm ; to n o m in a te c a n d id a te s fo r o ffic e , a nd to elect
nom inees; to c a rry o u t p a rty policies th ro u g h elected o ffic ia ls ; and to spread in fo r
m a tio n a b o u t g o ve rn m e n t o p e ra tio n th ro u g h th e ir cam paigns.
Our Two-Party System — On the N atio n al Level. T h e D em o cra tic a n d R epubli
can p a rtie s com pete fo r a m a jo rity o f th e votes a n d a m a jo rity o f th e p o lic y -m a k in g
posts. T h e p a rty in o ffic e ca rrie s on th e w o rk o f th e g o ve rn m e n t; th e o th e r p a rty
acts as a w atch d o g . M in o r p a rtie s te n d to th ro w a s p o tlig h t on new o r p a rtic u la r
issues.
T he Two M a jo r Parties in V irg in ia. A lth o u g h tr a d itio n a lly a p a rt o f th e D em ocratic
South, V ir g in ia w e n t R ep u b lica n in th e p re s id e n tia l electio n s o f 1 9 2 8 , 1 9 5 2 and
19 5 6 . In 1 9 5 3 th e g u b e rn a to ria l e le ctio n was closely contested. In th e G eneral
A ssem bly o f 1 9 5 8 -5 9 , th e re were six R epublicans o u t o f 100 m em bers in th e House
o f D elegates a n d 3 R epublicans in th e Senate o u t o f a m em bership o f 4 0 . In 1958
tw o C ongressional D is tric ts o u t o f te n (in c lu d in g th e T e n th D is tric t o f A rlin g to n , A le x
a n d ria , F alls C h u rch a n d F a irfa x ) sent R epublicans to th e U n ite d States Congress.
Primaries. T h e D e m o c ra tic P a rty c u s to m a rily uses th e p rim a ry m ethod fo r n o m i
n a tin g its c a n d id a te s fo r th e g e n e ra l e le c tio n . T h e R epublican P arty has usually
selected its c a n d id a te s by c o n v e n tio n , a lth o u g h R epublican p rim a rie s fo r some o ffice s
have been held in V irg in ia . T h e decision as to w h e th e r a p rim a ry shall be held is
le f t b y law to p a rty a u th o ritie s .
W h o Can V o te in the Primary? T h e law states th a t " a ll persons q u a lifie d to vote
a t th e e le ctio n fo r w h ic h th e p rim a ry is h eld m ay vo te in th e p rim a ry ." There fo re ,
a n yone w h o w ill be e lig ib le to v o te in N o ve m b e r m ay vo te a t th e p rim a ry in July,
even th o u g h he has n o t y e t, on th e J u ly d a te , m e t th e q u a lific a tio n s fo r v o tin g in
th e g e n e ra l e le ctio n . V o te rs m u s t be m em bers o f th e p a rty a nd m ust have voted
fo r th e nom inees o f th e p a rty in th e prec e d in g general e le c tio n . (In A r lin g to n C ounty,
w hen you re g is te r to vote, you do n o t e n ro ll in a s p e c ific p a rty , thus, te c h n ic a lly , in
th e D e m o c ra tic p rim a ry o f 1 9 5 9 , a n y registered v o te r w h e th e r a D em ocrat o r no t
m ig h t have voted. T h e re w as n o p ra c tic a l c heck fo r p a rty a ffilia tio n .) N e w voters
need o n ly be m em bers o f th e p a rty w illin g to su p p o rt its nom inees in th e ensuing
e le ctio n . In p ra c tic e , voters o fte n ta k e th e fir s t step to w a rd becom ing m em bers o f a
p a rty by v o tin g in th e p a rty 's p rim a ry . T h e A tto rn e y -G e n e ra l has ru le d th a t th e
pledge to su p p o rt p a rty nom inees does n o t in c lu d e P resident a n d V ice President.
How to V o te in the Prim ary. W h e n b o th p a rtie s
h o ld a p rim a ry a t th e sam e tim e th e v o te r m ust
s ta te th e p a rty o f his choice a t th e polls.
In
A rlin g to n , where v o tin g m achines are used, the
m a chine is th e n set to p e rm it h im to v ote o n ly
in th e p a rty o f his choice, a lth o u g h b o th sets o f
c a n d id a te s a p p e a r on th e m a ch in e . I f o n ly one
p a rty is h o ld in g a p rim a ry , th e v o te r need n o t state
h is p a rty a ffilia tio n , n o r is a n y in d ic a tio n o f p a rty
choice necessary a t th e tim e o f re g is tra tio n o r a t
th e general e lection.
W ho is Chosen in the Prim ary? T h e v o te r in
th e D em o c ra tic P rim a ry , in a d d itio n to h e lp in g
select th e nom inees o f his p a rty fo r th e g e n e ra l e le c tio n s , elects in odd-num bered
years tw o representatives fro m his p re c in c t to serve on th e A rlin g to n D em o cra tic
E xecutive C o m m itte e , w h ic h is responsible fo r local p a rty p o lic y a nd pla n n in g .
M em bers o f th e A r lin g to n R epublican E xecutive C o m m itte e have n o t been elected
in a p rim a ry b u t have been chosen in a p a rty open o r mass m e e tin g . It is im p o rta n t
th a t th e c itiz e n ta k e a n in te re s t in th e s e lection o f good c a n d id a te s in his p a rty
p rim a ry o r open m e e tin g as w e ll as v o te in th e g e n e ra l elec tio n .

9

�Y O I H P O L IT IC A L A D IIIII SS
(T o f i l l in these spaces c a ll y o u r p a rty c h a irm a n . Keep th is in fo rm a tio n u p to date.
T o h e lp you, th e y e a r each te rm expires is listed.)

Y our N om e
Y o u r P re cin ct

..

.....................

..............................

The League of Women Voters is a national organization whose pur
pose is to promote informed and active participation of citizens in
government on the national, state and local levels. The League is
non-partisan. As an organization it neither supports nor opposes
political parties or candidates. Membership in the League is open
to all women of voting age who are citizens of the United States and
who believe in the principles of representative government established
in the Constitution of the United States.

Y o u r P re c in c t C o m m itte e m e n (1 )....
(2)..

A rlington Dem ocratic Executive Com m ittee
Lawson W im b e rly
A rlington Republican Executive C om m ittee
D a v id H . Gordon
A rlington County Board
H e rb e rt B row n, C h a ir m a n — 1961
D r. L ucas H . B le v in s — 1 9 6 0
R a lp h R. K a u l — 1963
Leo U rb a n sk e , J r. — 19 6 2
E rnest D. W ilt — 1 9 6 0 (in te rim a p p o in tm e n t)
A rlington School Board
(see page 4 fo r a p p o in tm e n t procedure)
I. Lee B e a n — 1961
M rs . E liz a b e th C a m p b e ll— 1 9 6 3
D r. B a rn a rd J o y — 1963
R o b e rt Peck — 1961
Jam es G. S to c k a rd — 1963
A rlin g to n Representatives in V irg in ia House of Delegates
H a rris o n M a n n — 1961
M rs. K a th ry n G. S to n e — 1961
W illia m L. W in s to n — 1961
A rlin g to n Representative in V irg in ia Senate
C h a rle s R. F e n w ic k —

19 6 3

U. S. Representative, 10th Congressional District
Jo e l T . B r o y h ill—

The League o f W o m e n V o te rs o ffe rs fre e ride s to the p olls f o r p rim a ry
a n d g e n e ra l e lectio n s

19 6 0

U. S. Senators, V irg in ia
H a r r y F. B y r d — 1 9 6 4
A . W illis R o b e rts o n — 1 9 6 0

( T h e f a c t u a l i n f o r m a t i o n h e r e i n is s u b j e c t t o s t a t u t o r y c h a n g e . )

Ja n u a ry 1 9 6 0

Governor
J. L in d s a y A lm o n d —
These are th e o ffic ia ls
g o v e rn m e n ta l issues.

1961
to w hom yo u w ill d ire c t y o u r expressions o f o p in io n

12

on

�Be
an Informed
Voter !

�</text>
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                    <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&lt;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 &amp;Rimanoczy

$3.50

Progressive Education is Reducation by Jones &amp; 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
"
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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.

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                    <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&gt; 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
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n
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orth C ro a th s k o e o o y a d a b tte s h o su p rt.”
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po
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s
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d c tio
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                    <text>A rlington Racial Issue Flares Up
Over School A ddition, Bond Plan
c By JOHN BARRON

Approval

I

residents :and cut a painful the Intention of minimizing __
schism In the political coalition tegration.
The racial Issue thnt Arling­ which governs the county. It
"The plan is- unsound be;'
ton thought was. behind: it imperils all Items In the $6.5 cause It perpetuates 'segrega-‘
flared-, last'night as a. school million bond referendum sched­ tlon,”declared the Rev. Arthur's
board member, supported by u led in November. It could af­ Walls of the Nauck Citizens As-,
Negro leaders, threatened to fect the outcome of the cur­ soclation.'
fight a bond issue sought for rent County Board campaign
"If the board cannot recon­
improvement of a Negro school. and certainly''will affect ap- sider Its position and give an
During a tense meeting, polntment of new school board assurance that It will not place
some colored spokesmen fired members at the end of the year. Ia 22-room addition to what is
_ , . ‘
'
. .
i already an inadequate site, the
bitter charges at the school
School Overcrowded
members ot our orsanlzMIon
board, accusing it of trying to
The fighting concerns plans cannot support this issue in
perpetuate.segregation by en­
larging an existing school ra­ to add 22 rooms to the Drew-1 the bond referendum."
ther .than building a new one. Kemper School which is so in-1 His statement was indorsed
Defying his colleagues, board adequate that a number of its by the Community Council for
member James Stockard de­ 1.100 pupils now have to attend i Social Progress, the Central
clared .that, if present plans make-shift classes in an an-'Arlington Civic Association and
i the Jennie Dean Communityrem aned in affect. “ shall nex several blocks away.
I
Four o f the five board mcm-1 Club.
have to exert by full influence
in this county toward defeat bers concede that expansion of I- After all the tumult, the
of the school bond issue.”- •the present school to 37 rooms i board passed a resolution statu­
"There's at least one Chris­ te not the Ideal solution, but'lng in effect that it would contian In the House.” shouted contend that comprehensive sldcr any suggestions for an
Robert Alexander, representa­ studies have failed to disclose I alternative to the addition,
tive of the National Associa­ a feasible site, for a new one. |But the majority Indicated that '
They contend that the lm-!1 Is "ninety-nine per cent"
6
tion for the Advancement of
portant thing Is to get some'certain-‘ Bernard Joy put it,
as
Colored People.
1
400 to 500 children out of sub-;that nona can be found.
i
Proponent Assailed
standard school rooms as soon 1
_____________._______
1
•
A prominent Arlington Negro, as possible.
Replying to charges --last;
Edward Strothers, rose to sup- —
--- porc'the $950,000 school bond;night, board member Lee Bean!
issue. Opponents later dc-'sa*d:
nounccd him as they filed from. "At no time did any of the
the ---,l” room.
board members discuss race. I
Visibly affected by the accu­ do not believe that any board
sations and shouting, Chairman metpber made his decision on
Elizabeth Campbell warned Mr. the basis of race and if he did;
Alexander she would order his I- do not believe he is fit to be
eviction If he further inter­ on .this board.”
rupted deliberations. .
Objections Outlined
“ don’think I have to cite
I
t
publicly my record and the rec­
Opponents. Including Mr.
ord: of my husband (Edmund Stockard. assert that it would
Campbell, president .of the Dis­ be the largest elementnry school
_____________________
trict Bar Association) as far _ In the county, unmanageable.
as
disegregation is concerned. But located on inferior ground and
I would be glad to do it prl- ja violation of the trend toward
vately," Mrs. Campbell said.
relatively small schools.
The controversy, that' genc-{ Other opponents assert that
rated so much emotion last!the .school board Is following
light suddenly has'become ajthc "Southern pattern" of
ajpr community problem . Ibuilding schools in' Negro
X has*,deeply, divided Negro! tricts ns large as posslb*
Star Staff Writer

Follows ?
'Argument
By ROBERT FRANKLIN
ARLINGTON - The S c h o o l
Board plans to use its unexpect­
ed $3 2 0 surplus to build multi­
7 ,0 0
purpose rooms and classrooms at
throe schools and to plan remodel­
ing at a fourth.
On the recommendation of
School Supt. Ray E. Reid, the
board voted Thursday night to
ask tho Arlington County Board
to add the surplus to the 1 6 -6
91 2
capital improvements budget
so that the money may bo used
this fiscal year.
The surplus would be used:
o To build multi-purpose
rooms at Peyton Randolph, Woodlawn and Hoffman-Boston Ele­
mentary Schools.
. , •
o To build two additional class­
rooms at Peyton Randolph and
enough others at Hoffman-Boston
Elementary to allow all clcmcntary-oge children in die area to
attend that school instead of
Drew School, where one grade is
transported now.
o To prepare plans and speci­
fications for remodeling of Curtis
Elementary School and die addi­
tion of a multi-purpose room.
Any money left over would go
into a contingency fund.
The hoard’ approval came
s
after an angry exchange be­
tween Reid and board member
Janies Stockard. who said he
was disturbed that die amount
ot die surplus had not been
made public before voters ap­
proved a $ 5 ,0 0 school bond
90 0
Issue on Nov. 7
.
j The amount of |£e surplus is
approximately half of the cost of
the $ 5 ,0 0 addition tor Drew70 0
Elementary School, which was
the Principal purpose of the
school bond issue. Stockard was
the one board member to cam­
paign against the issue.
Dr. Edward Baun, assistant su­
perintendent for finance, said that
I while the amount of the surplus
had been known tor a month and
a half, it was processed in ac­
cordance .with practices establish­
ed for 1 years.
0
"WE'RE JUST ABOUT guilty
of irresponsibility to the voters,”
Stockard said. "We present a
oong-and-dance to them at their
expense saying we need money
. . . I just regret that I wasn't
more alert and I'm prepared to
enter my apologies to die people
ot Arlington.”
Reid protested that neither
lie nor Biaun was involved in
tho bond issue campaign. “ don't
I
like to be accused," he said an­
grily. "Mr. Stockard, you amaze
me. I can't tell who you sup­
port."
Stockard then said he diought
School Board Chairman Elizabodi
Campbell and Vice Chairman L.
Lee Bean had some responsibil­
ity too.
“
That's a ridiculous state­
ment,” snapped Reid. "Even
i more ridiculous than what
i you've already said.”
1 Bchii suid the $370,000 would
not conic dose to paying, for the
Drew addition and so would make
no difference in the need for the
bond issue;
But Stockard said, "Tonight we
have halt enough. Tomorrow we
might have three-quarters. By the
end ot die sdtool year we might
have enough."
Here is where the surplus,
which totals exactly S 7 .- 3 .9 ,
32 19 3
'came front:
LOCAL SOURCES — more than
$ 8 ,0 0 More than $ 4 0 came
10 0.
7 ,0 0
from real property tuxes, $ 1 0
4 ,0 0
from personal property (axes;

a mount J * "in,?rast
[posits «mL'rotl^.;ij$ni*^ll*incous

sources.

STATE SOURCES -- $55,747-

•, including $ 2 0 in a general
1
7
4 ,6 0
appropriation, nearly $ ,0 tor
6 .0
special education and nearly $ ,6
•o lor vocational- education.
to
I-'EDERAL. SOURCES — $ 2
7 ,-

6 3 0 ‘ from public’ 8 4
0 .3 , all
imv 7 ,
$ 1 0 .3 from 1 5 -6 and $ 0
7 ,6 6 9
98 0
97
' &gt;r 1 6 - 1
9 06 .
UNEXI'EDENDED FUNDS —

S 3 3 .1 left over from
G .9 3 2
hproved budf- •
'

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                <text>2 News clippings, Arlington Racial Issue Flares up over School Addition, Bond plan, n.d., Approval Follows Argument, November 17, 1961.</text>
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            <description>A related resource from which the described resource is derived</description>
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              <elementText elementTextId="15828">
                <text>RG 18, Personal Papers of Barbara Marx</text>
              </elementText>
            </elementTextContainer>
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          <element elementId="39">
            <name>Creator</name>
            <description>An entity primarily responsible for making the resource</description>
            <elementTextContainer>
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                <text>John Barron, Robert Franklin, reporters</text>
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            <description>The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant</description>
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                <text>1960s</text>
              </elementText>
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            <elementTextContainer>
              <elementText elementTextId="15831">
                <text>This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited.</text>
              </elementText>
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                    <text>4 off ‘ r ig in a l S ev en ’
O
N esro Students Intend
To Seek^ Entry in
■

©

/

A R L I N G T O N — At least three
— and probably four— of the
seven Negro students oVdered ad­
mitted to Arlington schools by ,
Federal Judge Albert V- Bryan
intend to seek admission to white .
schools this f l . •
al
, 'This'was learned In a S U N
poll of'.the families o - the. stu­
f
dents; which revealed that- !
■
Melvin H. Turner,- 4, will
1
seek admission to Swanson Jun­
ior High School, to which Judge
'
Bryan,ordered him admitted, ac‘
By John Lawson
. lever, they , wen: •willing to .ponsible for. the. ultimate ?cs
^ s a t BcDorur
tr
V .
"submit. to auch reasonable tion upon thp applications." I 'cording to his parents, .Mr. and
)
Mrs.. Arthur Costley, of 5132 N.
’ Attorneys for the 31 Negro'Proccdures” as the. School I Insofar as the 'interviews
22nd-St .
T ' : , .
; children auuftll.K admittance!Board may-lay down. - * .
' are designated ' o serve.-anytf
* Lmiui CJI seeking 'auuiiUdlKU 7 _---" — --, .
—.
“ - - 7, t
. --- '
/.to
of * - •Placement; I
the.
His brother, Louis. 1 , who
5'
Kto Arlington white schools anVM Lawyers and parents of the purpose schools',am
Mj
• nounced yesterday the' c il- children.received letters dur B.oard, the letter, said, the:
h
ordered admitted- to -the
renounced yesterday- the" c i - i
hlj
c submitting "un­
f'dren would appear-at intcr-linS the week-informing them children
Swanson.school.last •year, will '
t
......
. -------■ ■ .......... ..ifier nt-ftl
flnr protest.”
. [ views scheduled by the State,' segregation spotngnt c
seek admission to WashingtonThus the lawyers
• Pupil Placement Board this vjrei a in September.'
ni
Lee High Scliool, t i parents
le
; week.
.
said.''Louis was graduated last
li In a letter to the Arlington-,.
.. . ..... .. ..---------— . ..
. year from junior high-school at
• School Board and Superin- that a School 'Board repre-while'maintaining their posithe Hoffman-Boston school. .
'
' tendent of Schools Ray . E.'sontative would attend the in tion-that the Placement Board
- .(NAACP- officials told The
: Reid, the attorneys said thc.terviews, which -were sched- "has no authority or jurisdic-,i
S U N that the change'of schools
: children and parents, would uled for the -School Board’ lion in the matter of assigning.)
.
s
on Louis' part m a y require an
‘ submit to the interviews Mon- "guidance and information in'Arlington County pupils.'-, j
amendment to Judge Bryan’
s
• day and Tuesday "for such of carrying out i s responsibili-i Five of the children to be.
t
■ the School Board's legitimate |
ties under t e., laws ot Vir-f
h
interviewed .this week areif
previous order.)
'purpose as ' m a y be ■served K‘
nia aud the orders of the.among the seven’ordered ad-'
• E. Leslie Ham m , Jr , 12.
.
■ thereby.” •
Federal court..' ■ ,
;
. mitted t . white ('schools by;
'
o
will'seek admission to Stratford
(Judge Bryan. The
.
fr The action came after attor-l The court order i the one.Judgo Bryan.... .other, two;
s
att r .
oJunior High School, according to
i-.neys received assurances last handed down last-fall by Al-are not seeking admission toi
his mother, Airs. E. Leslie H a m m r
l
j week that the interviews wore exandria • Judge 1 Albert V.Mrlington schools this year, i
.
of 1900. N. Cameron St Judge
Bryan to admit seven Negro]' Elsewhere,in Virginia there/
designed to guide the local
Bryan’ .
s order -uMs“fotT'hls h l
fSchool Board as well-as the children ' to four Arlington were these developments onk
mission to either Stratford or
white schools. Judge Bryan the school desegregation issue:!
^ State’ placement board.
s
Swanson Junior High Schools. _ &gt;.
_
held that the pupils could not
• In'Norfolk, Negro students]
The letter, signed by Attor­ be required to submit to the seeking admission to whiterGeorge T. Nelson.- ’3 will
-,
neys Frank D. Reeves, of Wash­ Placement' Act because such schools awaited the outcome I
seek admission fb Stratford Jun­
.
ington; Otto L. Tucker, of submission,“would amount al­ of a Monday court hearing
ior High School i his family? i
f
s
j.Alexandria, and Spottswood W most to asscnt^to'racially seg­ and a School' Board nreetingl
[ t l in Arlington when, school
sil
. Robinson III and Oliver H ll, regated schools.” * - . i
i
(later the same day) where de1
'opens. His mother, Mrs. George
s both of Richmond, was sent However,; Federal ' J u d g e cisions affecting t h e ’
appliea-1
M. Nelson of 2005 N. Cameron
f;
early yesterday after a confer­ John Paul ruled a week ago tions are expected to be made.; r
St. said that the family plans to
ence with the parents Friday in Harrisopburg -that'Negro Federal Court will be asked;
move to Washington, but that
•night.
children in /Charlottesville to invalidate a local pupil a - '
sj
her son George will seek admis­
'Lawyers.had been concerned] must submit to locnl School signment -plan, '’
’he School]
sion to Stratford I their home
f
•over submitting the children I
Board tests and that they Board, meanwhile, i expectedi
s
has not been sold prior to the
• to lh * Pupil Placement 'Act.’
'
&lt;
could not claim the tests were to-decide' whether to admit)'
.Which they consider invalid discriminatory before taking Negroes to the Norfolk schoolsj
opening of the Arlington schools
;"Last week all 31 children boy Ithem. The Charlottesville Ne• Speaking in Chincotcague.j
Sept 4.
.
,
; cotted similar Interviews.
\
|groes will take, the tests'Mon- V . . at the dedication of a new.
aT w o other children of the sev­
• Parents of the. children re-day.
'
j (public school. Virginia Gov. J.
en defendants will apparently not
.fused at that time, they said.] Attorneys for the Arlington .Lindsay Almond reasserted
seek entry Into Arlington schools
. to "submit to the Pupil Place-children in their letter there-jthe‘ stale's doctrine of r a .
osi
this f l . Harolyn. Joluison, 17,
al
‘
..ment Act or the agency ere-fore.declared they would hold sive resistance to.school ,
dedaughter of Dr, Harold M- John­
' ated thereby.-.They, said, how-]the School.Board "directly.re-isegregation.
']
son, graduated this year from a
Washington high school. Her sis­
te . Rita, 15, will continue her
r
,
schooling at Immaculate -High
,
School, In Washington, according
t . i N ' parents.
oJC.
A. -Eldridgc J . father
r,
of the seventh child, Robert A.
Eldridge IH, 12, could not be
reached today.

31 Negro Children Aeree to Appear
For Arlmgtdn School Interviews

S C H O O L officials said today
they have received no signed
f placement forms from any of the
Negro parents. Arlington Supt.
of Schools Ray E. Reid, follow­
ing a School Board decision last
week setting an Aug. 1 deadline
for the filing of school transfer
applications, has' written each •
parent sending a copy of the
Board decision.
A n N A A C P official said Judge
Bryan's 1957 order might have
to be amended as to its effective
date, which is Sept. 23, 1957.
This would be in addition to a
possible amendment of the order
to deal' with the change of
schools on the psrt of Louis
Turner.
‘

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"

7

Special to Journal and Guido
GREENSBORO, N. C. — The
first colored student to gradu­
ate from an integrated public
schdol, in North Carolina re­
ceives, her diploma this week:
And she is graduating w i t h
honors.
The “first’’ in integra t e d
education, in the state is being
set by Miss Josephine B o y d
who- graduated from Greens­
boro Seniot high school Tues­
day.
•

*

«

FOR “ SEVERAL months,
according to reliable sour, c e s
Miss Boyd was on honor rolls
at the school she attended as
the only c o l o r e d student
among 1900.
. Six colored students . started
studies at heretofore w h i t e
schools here in early Septem­
ber^ 'In. addition, to Miss. Boyd,
they are Brenda Florence,
fifth grade; Emmy Flor e n c e
sixth grade; Russell Herring,
seventh grade; Elijah H e r ­
ring, Jr., ninth grade a n d
Harold ' Davis, eighth grade,
all at Greensboro’s Gillespie
Park school.
•’ •

•

E L S E W H E R E . IN North
Carolina, at Winston-Sa 1 e m
and Charlotte, integration of
student bodies took place foy
the first time this school year.
With the exception of o n e
incidence at Charlotte, where
Miss Dorothy Countst w a s
forced out of Harding h i g h
school by spitting and heckling
students, the process has been
—on the surface—uneventful.

Negro Pupil
Quiz Slated
In Arlington &lt;

■

BUT ALMOST daily, stu­
dents in the Winston-Sal e m
and Charlotte — and presum­
ably the Greensboro schools
—had to face ordeals of name­
calling, etc.
For example, Gustavus A.
Roberts only colored stud e n t
among 1,600* at Charlotte’s
Central high' can’t recall how
many times he has been called
“Black Boy.’’ Yet ^Gustavus’.
says his vigil at the s c h o o l '
was not lonesome -and “i!
wasn’t nervous. ’
\
' .*
*

•

“THERE WAS nothing ,to be
nervous about” he said.
At Piedmont Junior h i g h
school, Charlotte, Gusta v u s’
sister, ' Givaud, found herself
an "average” student among
the 600 there with herself as
the lone colored- pupil. “She’s
d o in g s,o k a y ^th e^ p rin c i p a
said.
AT ALEXANDER Grah a m
junior'-high school, Charlotte,
Delores Huntley listen e d to
names like. “Buckwheat” and
“n....r” for a year.. She will
not be at the. school next year
because it is being abolished
and, she has been reassigned
to colored Second Ward high,
which is nearer her home.
At Winston-Salem' Principal
C. R. Joyner of Reynolds high
school said that Gwend o 1 y n
Yvonne Bailey is “ getting along well. Her grades are very
good.” Miss Bailey completed
her junior year at the school
this week as the only colored
student.

Placement Board
Requests R ecords
F or Interviews,
&lt;3
1

(X^9

V

By John Lawson ^A O
Staff Reporter

The Virginia Pupil Place­
ment Board yesterday “form­
ally requested’’ interviews
next week with all Negro ap­
plicants to Arlington white;
schools, including those ord­
ered admitted by Federal
Judge Albert V. Bryan.
The Arlington School Board
announced that the Placement
Board planned 'to hold the
interviews and had directed
the School Board to forward
all official school records of
the Negro children. 1
At the same] time -the.School
Board issued a statement de­
claring all responsibility for
the placing of pupils rest with
the Placement Board and that
the School Board is “without
authority to enroll or admit
any pupil.”
The announcement in ef­
fect means that the Arlington
School Board has no plans for
a local assignment plan such
as those in effect in Norfolk
and Charlottesville.
Those cities also scheduled
interviews and provided tests
for t h e Negro applicants.
Many of the applicants, how­
ever, refused to appear.
Not Sure of Action
Attorneys for the Arlington
pupils said last night they
were not sure.what their ac­
tion would be.
The Pupil Placement Board,
an announcement yester­
day, gave no hint as to wheth­
er tests were planned in Ar­
lington but simply said it was
“seeking, further information
from all parents who are, re­
questing transfer of pupils
from one school to another in
Arlington.” No other reason
was given for the personal in­
terviews.
The School Board’s ‘ state­
ment did not say exactly when
the Placement Board would
conduct the planned inter­
views. However, the Negro
pupils received letters yesterr day requesting them to ap­
s
pear at the Placement Board’s
Arlington Trust Co. office next
v^eek.
They were advised to appear
accompanied “only by one or
See INTEGRATE, A9, Col. 6

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                    <text>Il'ashuiglun

SECTION

B

TUES DAY. J UNE 13.

7 t t T N e s r o E n r o ll*

S ch o o l S u p e n n i

w on,an

B e id ^ 31^ 2 f i e f o r o n e c ou rse
p a id h e r $12: g e
ro u tin e
f a s h io n ^ n d c V th e adu lt educa-

“s r s T v ^ g - axp lns
s in-

B o a rd rocm bera. w

» t4 ,
« l- d™

S «

« «“•
•

■S „ u f e i « « , r l
” 7.».
n
BUt- “rivSfe

SCh° '
°

'direction 8»vra
n0„ c
B oard, lie sa '“ , b(,ln g treat’
w a s needed- *■
* »
, thing,
od os a i s g ^
„ c r c initial.

Regular classes

Arljngtbn

Staff Pho-.o*r«pher

iare ^ m ^ s ; ^
r
CLARISSA THOMPSON
c a t io n Pr ° ^ m w h ic h th e
T h e c o u r s e u f,d is o n e f o r in ­
a p p lic a n t e n r o l l “ 0
ffe r c d

•tc^ediate s o t a d
hrhn.
Tuesday

■a t -

an d Tn» n
W a s h in g t o n l c

S c h o o l.

sh ®

H i gh
^
o f.

;jFigure in School Case

H Awarded Scholarship .
i

f o ? ? m 1 n - B o sto n i
a

for*

-S-

v

*•

By Susanna McBce
s u n Reporter

- Clarissa Thompson, whose;was at Hoffman-Boston. In a
name is on the-law suit thatjscience class taught by Neal
iiresulted in desegregation of Haygood, she. made a wind
Arlington schools, has won a {tunnel which won a prize at
the school science fair.
new distinction.
Miss Thompson has
She was then granted
1600 scholarship to the Negro
tlceived a $2500-a-ycar Amelia $
a.) I ns t i t u t e ,
jEarhart Scholarship for work Hampton (V
t toward a master’ degree in where she was graduated with |
s
' - aeronautical engineering a! honors this month'as a mathe­
.
matics and physics major.
”
Cornell UniversityI The 21-ycar-old student, At Hampton, Miss Thompi- whose name is well known in son was chairman of a team of
hi {legal circles because of the (volunteer tutors who helped
jr Thompson vs. A r l i n g t o n : other students having diffin-lSchool Board desegregation cully. She was treasurer of
it lease, is embarking on a field the Hampton Honor Society,
^entered by . few women and;was active in intra-mural
sports, and was a member of
jfew Negroes.
-: The 1
956 Federal Court suit Alpha Kappa Alpha social so­
• as argued in the Alexandria rority.
{w
-'District Court, the Fourth Cir- Miss Thompson, who lives at
ilcuit Court of Appeals, and 1831 N. Columbus st., said she
• Supreme Court beforeNre- is pleased that Arlington
(the
iisuiting' in Arlipgton school school.,, integration "has gone'
along normally.”Her two sis­
desegregation'In 1 5 .
99
I Miss Thompson, however, ters, Gloria nnd Lillian, ore
s
has never gone to an inte­ now attending Arlington’ de­
g r a t e d school. She was grad- segregated Stratford Junior
I.I° . ,
U.
____
1-juated from a all-Negro Hoff- (High School.
the -Il \T
s man-Boston High School in Miss Thompson said after
' (1957, prior to a decision in her-receiving her master’ degree
■
s
.'•
casc.
she plans to go into aeronau-j
nl Her in terest, in aeronautics jtical research and develop-j
-{was first stimulated while, she (menl, possibly in missiles.

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                    <text>THE WASHINGTON POST a n d TIMES HERALD
.

Thursday,'September 18, 19S8 • 9
'
0

&gt;ryan s
Following is the text of Act has been amended, since
race as a factor in pupil place­ ion that Attendance Area,
m ajor portions o f the opinion the 1057 holding of this court
ment, no assignment plan Overcrowding at Washington
o f Alexandria Federal Judge that the procedure there stipu­
could ever be validly adopted. and Lee, and Academic Ac-,
Albert V. Bryan in the Arling­ lated was not an adequate ad­
This recital of the evi­ complishment clearly are valid •
ton County desegregation case. ministrative remedy, it is s i l
tl
dence is not written with the criteria, free of taint of race
A section of his opinion deal­ not expeditious. The student
implication that the'evidence or color.' It concludes also
ing with the handling o f in­ would be too far delayed into
as to the tests were not ques­ that these criteria have been
dividual students has been sum­ the session before his applica­
tioned. In refutation the plain­ applied without any such bias.
marized. Where this has been tion would be finally deter­
t ffs offered evidence of con­ It cannot say that the refusal
i
done, italic type has been used. mined. Then, at the end, the
siderable weight and rele­ of transfers on these grounds
school closing and fund-cut-off
vance. But the court does not is not supported by adequate
Findings o j Fact and statutes automatically shut
case of this kind resolve evidence.
the school, and withhold any
such differences. It examines The court may have made
Con clusions o f Law
money for i s operation,
t
different decision on this,
the conflicting evidence only to
s
see i the rebuttal evidence cvidence; i may not agree"
f
Now, for the first lime, t l s should the student be assigned
il
destroys any weight that might with the conclusions of the
ease comes before the court to a school then teaching chil­
s
be given to the defendants’ Boards? But that i of n o ­
upon an assignment of pupils dren of the other race. Acts
of the General Assembly of
t s
proof.. Us inquiry i to ascer­ consequence once i i .found .
s
made by Stale and local au­
.
tain if the defendants’ evi­ that the administrative action
thorities and founded on local Virginia, 1056, Ex. Session c
G8,1050 Va. Code, as amended,
s
,
dence, independently of influ­ i not arbitrary- capricious orconditions. Decision is reduced
22-188.5; Acts, 1058, c 642:
.
ence of race or color, was suf­ illegaL Thus the denial of.
to an administrative review. Item 120 (Appropriations for
ficient to sustain the action of 25 of the applications must
The case signally demonstrates
V
the Placement Board and the now be sustained.
the'souudncss-and workability schools).
It m a y be, however, that
School Board.
6 The remaining five ‘ap­
.
of .these propositions: (1) that
the first stage prescribed in
lh6 Federal requirement of
3. The reasons given for dis­ plications— A, 7,-13, 16 and 20
the Act is adoptable— some
avoiding racial .exclusiveness
qualifying the seven students — failed on the.test of Adapt­
in the public .schools— loosely State or local authority .must
M I C H A E L JONES ;
LANCE N E W M A N
GLORIA T H O M P S O N ’
upon the test of the Psycho­ability. This is the most dif-,
R O N A L D DESKINS
termed the requirement of process the applications and
logical .Problems' obviously fiCult criterion to evaluate. It
. . . Federal Judge,Albert V. Bryan orders their enrollment in white Arlington school, effective next January.
integration and with justice make the assignments — but
i certainly not frivolous,
s
especially when i i the opin­
t s
if the guide adopted is the the point is moot. The applica­
ion of an educator of 32 years*
circumstances of each child, tions in suit were considered
individually and relatively: by the Placement Board and
experience. In certain, cir­
(!) that i m a y be achieved the Arlington County School
t
cumstances, undoubtedly, the
through.the pursuit of any Board together. Jhe results,
line of demarcation between;
method wherein the rcgula: the refusals_to grnnlthetransThe four Negro children ad­ achievement score of Strat. medical school. H e is an ama­ plaintiffs in the original 1056 because the evidence before it|*f an“ racial; discrimination
teur actor, has been in several Arlington desegregation suit, upon the point is too scant. can he so clearly drawn, that •
tory body •
lory uouy can, a n d ' docs. ters.-WenOn effect:~ assign? mitted to Arlington’ Strat­ ford."
cmi, uuu ures.
s
«rt;a/tcr a fair hearing and meats. There is no reason to ford Junior High School yes- There are other similarities, school dramatic productions also spends his spare time at The psychologist was not R can be the foundation for
upon evidence; and ( ) that decide now whether this
3
terday by Federal Judge Al­including their common love and is in the youth choir at baseball and, like the’others, called as a witness and the withholding a transfer. Pupil ,
when a conclusion is so reach­ Placement Board or School bert V. Bryan have a good of books and their ambitions. Calloway Methodist Church. likes reading. H e is the son of court does not have the benefit A- exemplifies this hypothesis,
m any things in common.
Most of them are active in Lance D. Newman, spn of a a Navy machinisted in good faith,'without in­Board action.
of his exposition. Therefore, Ten or eleven years, o d l,'
extracurricular activities*|and chauffeur at the Naval Gun
Only girl in the group is this test must be disregardedjwith an academic achievement
fluence of race, though i he Nevertheless, in no event
t
All are 11 years old,
,
erroneous', the assignment i need the Placement Board be seventh grade and graduates expect to put their new Strat­ Factop’ spends his spare time Gloria D. Thompson, daughter for this case.
s
i
“on a grade level,” this boy
impleaded here. The impact of of L a n g s t o n Elementary ford education to good advan­ in reading books about engi­ of a government clei;k. She
no longer a concern of the
4. Plaintiffs urge that inva-|wishes to transfer from. Hoffany decree would be upon the School. All live-in north Arl­ tage.
neers and in playing baseball. too likes to read and hopes to lidity-.of the assignments is^an- B o s t o n
United States courts.
Elementary
Jn this court's 1050 opinion, persons immediately in charge ington and, as Bryan pointed Ronald Dcskins, born in His best subject: arithmetic. become a teacher on gradua­ conclusively established by tho'School to Patrick Henry, also .
[Washington, wants to go to Michael G. Jones, one of the t o .
‘
inresult, that i , that all Negro elemental^. The latter „
s
referring to the right of the of the schools. They it is who out, all are above the ‘median
actually admit or reject the
pupils remain In the Hoffman- nearer his residence'.than is,
pupils to seek, enforcement of s t u d e n t s . Ordinarily they
Boston School.-Though plau­ Hoffman-Boston. But he leaves •
the .injunction, these same would be the employes of the
sible, the argument is not
school with lowest of all.
a
propositions .were suggested. School Board, such as the prin­ sider, such ' s the adoption of So a transfer might result graders living there to Wake­ that the pupils would be
titled to enter white schools sound. Actually, the principal pupil-teacher ratio. His onlyBut in 1057 no ground whatso­ cipals and the teachers. From presently established school in placing the pupil in an field.
the grounds of scholastic reason for the result is the advantage is'one of distance;;
ever was tendered for such the fact that the School Board bus routes, walking distances achievement group one’ or The School Board rejected
n good weather and subjectof
considerations,. The .opinion and i s employes m a y be con­ and the crossing of highways, more years above the achieve­ the transfers o f the five Negro ability and p la ce ’ residence. geographical location of the 0 pedestrian traffic dangers,*
t
then 'commented, " . . . we trolled in their acceptance of as well as that IIoffman-Bos- ment category of his present pupils to Washington-Lec be­ But, he contends, the students residences of the plaintiffs, in­ he could walk to Patrick Hen-,
■
cause of overcrowding.
woudl lose their present posi­ deed of the entire Negro popu
have, no administrative deci­ students by the Pupil Place­ ton was but a 20-minutes bus group.
lation in Arlington County. It ry, about a half mile away,’
In maintaining the assign­tion of' stipcriority aiid-leadcrsion with which to commence, ment Board, i does not follow ride for these pupils.
t
C: Psychological Problems
s
white i confined to two sections, the while the school bus would,
ment of these students to Hoff- ship if admitted to ’
save in one instance.” N o w the that the court cannot Judge B: Academic Accomplishment
Hoffman-Boston area and the :ake him to Hoffman-Boston,
,
Seven pupils were rejected man-Boston, rather than to schools.
- premises are offered.
the validity of such reguli
A total o f 22 pupils were re­ for.psychological problem*, in­
f.
The Superintendent feels previous, small northern divi­ 12 miles o f in perhaps less
'Weighing these, the court tions without having th fused transfer because o f their cluding six' also refuse/N for Washington-Lee. the defend­ that this would be discourag­ sion of 'the Hoffman-Boston, than his walking time.
t
academic standing. Included jn academic deficiency. In f e e d ­ ants referred to correspond­ ing and possibly emotionally several miles apart. Hoffmancannot say that as to 26 of Placement Board before i .
The median of academic?
ing treatment of Caucasian
Boston Is by far the larger achievement for his grade at .
the 30 pupil-plaintiffs their ap­ The plaintiffs move to strike this num ber are 10 who were ing the secen, the School Board pupils.
disturbing to them. Race or
plications for transfer to from the evidence the findings also rejected because they live relied chiefly upon the conclu­
color is not the basis for his Negro area. This situation Hoffman-Boston is 3.9. As he;
They point to the students opinion, though, he owns, the seemingly would be frequently I "on grade level” this would •
s
th e
Hoffman-Boston sions o f the state director of
-► ‘white" schools, were refused of the Director of Psycho­ within
‘
living in the. territory severed
; without substantial supporting logical Services of the Virginia S ch ool District.
psychological services.
s found in areas, like Arlington indicate his standing. In.Pat-,
from Washington-Lee. These necessity for his.decision i County,-urban in character.
rick Henry the same median*
The California Achievement
evidence. As to the remaining State Department of Mental
occasioned by the removal of
In substance, the opt
white pupils in the tenth racial bars.
is 6. . (The average mental
0
Test was the principal factor
It occurs, too, from the rela­
four, refusal of their applica­ Hygiene' in regard to the
of the Director was that "it grade (the f
irst year of the
tively small Negro population maturity-for the. fifth grade'
ti o n s fdr transfer is not justi­ psychological problems of cer­ controlling these rejections. would be unwise and possibly senior high school) must go
7
in the County. The condition in Hoffman-Boston is45 , while •
Conclusion
s
fied in the evidence. They are tain of the applicants. It i School Board authorities con­ harmful to this child tj sub­ to Wakefield High School.
&lt;
In Patrick Henry i is 113, a
t
now does not differ greatly
Ronald Deskins, Michael Ger­ conceded that the School ced e the IQ of the pupils is ject him to the pressures
1 The very formulation and
.
s difference of 26. Laying aside
ard Jones, Lance Dwight Ncw- Board or the Placement Board not low. They acknowledge which might result frohi at­ This Is a distance as great, use of the criteria Is pleaded from that noted in this court’ the .physical circumstances,,
opinion of-September 1057.
f
l
1 man
and
Gloria Delores had t ie right to consider this the individual averages o f the tending a school” having chil- i not greater, than the trip by t i plaintiffs as racial dis­
le
V
is
Then there were 1432 Negroes the court cannot say ^ that •
report. The objection is that in 2 . pupils range frbm low to dren,Of a different or another to Hoffman-Boston from . t
Thompson.
crimination. .With this the in all of the County's schools. Adaptability, ih view of the,
former northern district
t i l i is hearsay, because the high.
ra t
, •
v
'
intelligence factors, i a ca­
s
court disagrees. True, pre­
These four are a l applicants director was not called- as a But they emphasize that race...
l
tl
Thus, the Director’ deter­ They note s i l another viously no such tests, were This compared to some 21,000 pricious standard when ap­
*
for Stratford Junior High witness. So far, the motion i these standings arc related
white students. The latter ore
comparable transportation of
s
School; they have asked to good. However, it does not pre­ only to then grade and school minations to involve race.
white students. Those living known; they came into being scattered throughout tlie Coun­ plied to A. His transition could
enter the seventh grade, the clude the court from consider­ of the children. The basis for
D: O vercrowding a t ;.
at Fort M y er, in the southeast in the latter part of August ty. The concentration of Negro well-be discouraged, if not
Washington-Lee \
i
first year of junior high. Be ­ ing the report in measuring refusal of the transfers was
pari 6F~the county, are. not 1058 in connection with the population is confirmed i i this disparaging, one from which
fore t i s decision can be ef­ the evidence that was before not those standings. .
ii
In years past, a Negro neigh­ permitted to go to the nearer instant school assignments. case by the fact that only one 1 student may be lawfully
v,
white-school parent was avail ;aved by the tudttment Kf ♦ , .
fectuated by a final decree, the Boards.
The brfsis was that the scho- borhood In North Arlrnri f " Washington-Lee High School, But this .docs not prov
ten days or more would rou- II, B y t e a s s ignments of iastlc standing in thp classes
h

4 Arlington Negroes HaveMuchin Common

I

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                    <text>Bryan Delays
Desegregation
Until January
B y Robert E. Baker

Staff Reporter .

; T h e School Board and State
l
t Pupil Placement Board had
. rejected the applications of 30
1
j Ncgroes to enter white schools
’
this semester. Bryan heard
evidence on each rejection at
a three-day hearing recently.
In this ruling, Bryan said
the boards had substantial evi­
dence for rejecting 26 of the
Negroes but not for four of
them.
C
B y making, his. desegrega­
tion' decision effective next
semester, which actually bes
gins Feb. 2, Bryan give the
Arlington School Board an u n ­
expected reprieve.
‘ In
another
development,
Charlottesville got no
re­
prieve. Federal Appeals Judge
Text of Judge Bryan's rul­
ing.
Page C-9.
Judge
Sobcloff refuses
stay of Charlottesville de­
segregation order.. -Page C-8 .
Arlington leaders relieved
at desegregation breathing
spell.
‘
rage A-20.
Simon .E. Sobeloff' refused to
grant a. suspension; of Federal
District Judge John Paul’ or­
s
der admitting 10 Negroes, to
Venable Elementary School . .
.
and two tq Lan e High School
on Monday.
Schools to Close
. This m e a n s the two schools
A-ith 1700 pupils , will, shut­
d o w n on M o n d a y as required
by Virginia's ‘ massivo resist­
‘
ance" laws. Warren ^County
High School in Front Royal
already has been shut by the
■*7n Norfolk, no reprieve is
seen, either, from the School
Board’ , reluctant agreement
s
to -admit 17 Negroes to six
schools on
Monday.
That
me a n s
10.000 pupils thcro
would be without schools.
Reaction •
jo
Brvan’ decision w a s EeU er?- ?
s
o n T o f great relief. If he had
ordered admittance of all Ne,
&gt;ro applicants and refused to

in Arlington

jn 2
m3
©
u
SN

r

F-—

iu| b
h

1

)

O l M

9
r©
p H

.
©

ton

Federal District Judge
; Albert V Bryan directed
.
[Jithe Arlington School Board
! jyesterday to; admit four
j:Negro students to Stratford
"Junior High School in Jan{uary.
‘

bC
S

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                    <text>Kaul Asserts P u blic
F avors;Integration- .
T o C losin g 'Sch ools
o’
-

No Way to Avoid
Shutting Some,
Chairman Says
■ ■
’
By'jo'h'n'-'Lawson':"
•
’:
?
'Staff.' Reporter’
;

'
■

O

^

: &lt;^
3
b§
~
Arlington Ready *

To Assign Pupils '
:

.Ralph'R: -K l,'ch ari
au 'airin
- By Robert Baker. '
.
?
'.
S il( Rprte •
l, e o r
of. th Arlington -.C n
r e'
ou ty
Board; V last: night' that -The ;Arlington:School.Board preparedyes.terdaytomake.,
said
is'■
appears-‘
" ^certain’that dn-the^sp.ot-assignments of, 30. N egro pupils in Alexandria
*
;
.
som "w 'school^or;at fe d e r a l C ourt on luesday-^if-mecessary...
e. hite.
.
-Each of th'e-fiye'Board mem-i/’
&lt;
• i•
least somei-dla^ses^yill be bers-.has-beemequipped;,with. &lt; •••;•" .• : • •
eachlhaye 'made; the Act valid,: the'
/
closed;" by; .a m 'm f •summary' data-'sheetto----"
d ifsi6 ..'",Q
Negro students' B t, he said; pecte'dtbsstudy-:.the tinforma- .T h e ■ Negroes were- interu
a 'large' majority
tlon-between now-and-theirlviewcd' by the Pupil Place-.,;,,.Boardand all their oplington residents'.'.w Tuesday date in-court before1 jons wcre denied. Their
ould Fcdcrai-Dtslrlct^Judgc;Albertjp;jca.
favor reopeningjfherri-with V.-Bryan.V..
- - attorneys have' masked the •
.
some integration.
- .They. Ayill be; prepared on court to include the 25 new ap&lt;
i

. Speaking before-a. meeting a Cm *
before-a,
nu,£'s notice’to huddlCipifcants .o the order.' and to
f,
,
o, ,h. County Council of
B° " d
ent-Teachec--Associations atv\
vhite'schools,.if Bryan rejects The School Board has asked
r i C -—
WhshingtbnDcVitf - . - - 1 1 their position that the local the; court for. guidance.. Un-..■
High School,
lCaul:
:,declare’
d..Jh'at/'he':knc\v' Board-1 has -no.•authority", vpjless^ otherwise directed, 'the,
raake^assignments,:.• ", / Board t
old, the'court; the pu- .
•■
iThe-School; Board".h?s open pj[srw , j g0 tq the schools as-V
i
Board-vor.‘
the County Board ordered by.- Bryan :to ,begin 3i
gnecj, b y the -State Pupil&gt; V
-'
'.
•
could pi1
event"'some schools school,-- 'desegregation.- Last|Placemcnt Board. •
September, he ..ordered ,the; "But the School Board is tak- '
fr.om befng closed. . ing.no chances of being-held;. '
But,-^aul went on) the tem­
in.contempt; nor does it wish ’
.
fiil,
per, of 't e ,community- i .such . Virginia county o f c a s to: be unprepared, if ,Bryan
h,
s
that a majority of i s residents conferring at Charlottesville, quickly orders all the Negro
t
s
would *favor ^re-opening the endorse Almond’.policy on, applicants^admitted to white
Tage B2. schools. ^ ■ • - •
schqols- with'; '.'some' -integra- integration. •
.
‘
!tion”, rather, than-leave..them
i
:In either'event, the Board
Iclosed.-"
'
will.be-ready to make i s own t
Board "to "admit'- seven Negro assignments" 'Included- in the •
'.Council. Discussion
pupils to specific while schools, data,
on- each,.student' are.the.
The judge'ruled'then, t a ; latest "results of Arlington’ :
ht
" Kaul was. one of five speak­
s’,
the Negroes need not;comply continubus "testing program
ers who discussed the school
closing problem -in Arlington with; the. State Pupil Place­for,,scho.ol children— perhaps •
•before. '100 'council" members. ment Act because they would, the most extensive in Virginia.
in e f c , ;be submitting to seg­ • The tests have been given to
fetOther speakers’ were Arling" ■■ t "
■
a l pupils; for many years and
l- toh Dels-Kathryn Stone, Har- regations; .
Higher "courts .upheld his therefore,' the Board feels, can­
ruling.. -Twenty-five Negroes, not be challenged successfully
•• ■
'chairman, of Arlington's Com-.in addition to the five remain­gs discriminatory. .
[mittee to Preserve " Public ing in the .original case, -have , Also included 'are the reapplied,for admission to white suits of the interviews- con- ~
Schools.;
$
schools'for'the.tprm beginning ducted by the Pupil Placement
Kaulnoted that i Arlington
f
Board in. which Arlington
schools'yereV reopened om.an next;Thursday.
integrated' basis, state; funds ‘ The: School Board,, in coop­ school officials participated;•
'
f
would be. withheld from the eration with the State, 'con­ • School officials,feel Some o county. In- that event; he/said, tends it:has no -assignment the..Negro .applicants can be \
“we will' have to 'tighten- our powers; because this authority rejected because of scholastic ^
belts, and find a way to get was placed in the 'hands of deficiency— a basis for rejec­
along without state aidl” 1 - the State. Pupil Placement tion accepted by -Federal Dis­
:"It will- be- a gros.sly unfair Board; by the General Assem­ trict Judge Walter E. Hoffman
l
situation,” he sai , d - “but I'do b y., Changes - in the Pupil in -the .-Norfolk»desegregation
not believe itWill becontinued Placement’Act since last yearicase.
by the Legislature or sustained
in the courts in the; long run.”
Can’ Compel Action'
t
. Comm'entingrfin the possible
withholding of' ^ a e funds, DeT.tt

28Extra Police Vehicles

Government could -compel, the ;
appropriation'"of, money.-, for
schools.
gtf i \Vihstphi a moderate' on "seg;
I . regation issuesj, pointed out
.
Arlington police will have radios for police dispatching, ' j that attorneys'for, ,
the Negro .. extra '28 vehicles for trans­ County Manager -A. T. Lund..
1 children-had-moved to add the porting:officers t - cope with berg ;sqid'yesterday.
o
•names of ,.an'additional;-25 ap­ any., disorder- when schools ■ The. vehicles may be needed ?
'f
plicants " o ' those already un- open::Sep.t.. 4.
t.
. i if:jthe-full 171-man force is on
der-PedeVal Court '.order;to be
i
TheX'yqhicles-^lS "black se­ d l ty; "Lundberg. ’ explained.: •
admitted'to while schoo'ls.;He dans,- five.'Jight- green station The; cars,;'pargfcd a '-N. 14th
t
called, the 'acliop/‘
indeed,-urn wagons,' anfi -four, patrol wag- and'Troy, s s , went on'a ;
t.
“dry
E fortunate.'’ .
run” yesterday.in a test of
-will"be; equipped, with
;
"It .wilL only1 close;, more
,
the dispatching system.
■\
I schools,’.he-said.
.
’
'
‘ Last week the1 county an­
g
Winston agreed;with" Kaul
nounced that police had started .
'
training in the use of shot­
" that"there ’
would- be\no vio­
lence when- s c,h o ’ s -open
rod
guns,' tear gas, and riot sticks. .
Sept. 4."..
.County officials have been
M a n n said he has'.recently
making plans for three months
f discussed the. .school -closing
to prevent trouble, which
f laws with many, membfers of
Lundberg'said he does not. ■
the -General. Assembly .'which
c
pect.,
Lniwr,Uf| l t s f l t c idld found
lB llb B r
“But Wd fi8 t t i B i l 8 Id
l- l f f l '
change, whatever!1 in the
allow orowda to congregate,”

30 Negro, ,5S
50 While
Pupils Meet

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                <text>2 Washington Post Newspaper Articles, Kaul Asserts Public Favors Integration To Closing Schools, by John Lawson, August 28,1958, Arlington Ready To Assign Pupils, by Robert Baker, August, 17, 1958</text>
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