CHAP. 321.—An ACT to amend and re-enact sections 1492 and 1493 of the
Code of Virginia, as amended and re-enacted by an act entitled ‘
act to amend and re-enact chapter 66 of the Code of Virginia relating
to public free schools of counties and to the literary fund, approved
December 28, 1903,” as also amended and re-enact2d by an act entitled
“an act to amend and re-enact sections 1492 and 1493 of the Code of
Virginia as heretofore amended in relation to persons who shall be
admitted to public schools, approved March 16, 1908," in relation to
persons admitted to public schools.

Approved March 14, 1912.

1. Be it enacted by the general assembly of Virginia, That
sections fourteen hundred and ninety-two and fourteen hundred
and ninety three of the Code of Virginia, as amended and re-
enacted by an act entitled ‘“‘an act to amend and re-enact chapter
sixty-six of the Code of Virginia relating to public free schools
of counties and to the literary fund, approved December twenty-
eighth, nineteen hundred and three,’ as also amended and re-
enacted by an act entitled “an act to amend and re-enact section
fourteen hundred and ninety-two and fourteen hundred and
ninety-three of the Code of Virginia as heretofore amended in
relation to persons who shall be admitted to public schools, ap-
proved March sixteenth, nineteen hundred and eight,” be
amended and re-enacted so as to read as follows:

$1492. Who admitted to public schools; provision for
children of adjoining districts; separate schools for white and
colored.—The public free schools shall be free to all persons
between the ages of seven and twenty vears residing within the
school district; provided, that whenever a school is so situated
in one district that it is, with the approval of the division super-
intendent, attended by children of another district, the board of
the district other than that in which the school is located shall,
in the absence of agreement or when no agreement can be reached,
pay for each child to the district in which the school is located
the cost of education per pupil enrolled, to be determined by the
division superintendent of schools, with right of appeal by any
person interested, or either of the district school boards, either
with reference to the propriety of the said attendance by children
of another district or the cost of education as aforesaid, within
ninety days; the said appeal to be made in writing to the school
trustee electoral board of the county in which the school is
located; and the State board of education shall have power and it
shall be its duty to make regulations whereby the children of one
district may attend school in an adjoining district, out of the
county or an adjoining city ; provided, that white and colored per-
sons shall not be taught in the same school, but shall be taught in
separate schools, under the same general regulations as to man-
agement, usefulness and efficiency.

§1493. Qualifications of preceding section.—The preceding
section is subject to the following qualifications:

First. Any person domiciled in this State who is a resident of
any school district of the State may send his children to any
public free school in any other school district of the State upon
such terms and conditions as may be prescribed by the school
board of the said last mentioned school district, and any guardian
domiciled in this State as aforesaid, for his ward or wards, shall
be entitled to the same privilege for them if they are domiciled
in Virginia, which said terms and conditions shall be complied
with by the school district in which said parent or guardian
resides; provided that the said school district in which said
parent or guardian resides shall have the right of appeal to the
school trustee electoral board of the county in which said district
is situated, which said school trustee electoral board shall decide
finally what are just and proper terms and conditions in each
case; and provided, further, that children whose parents or
guardians do not reside in a city shall be received into the public
schools of such city only upon such terms and conditions as may
be prescribed by the school board thereof ; subject to an appeal
to the State board of education, but the provisions of this act
shall not apply to indigent children, and children living with and
entirely supported by residents of said district shall be admitted
to the public free schools of said district as if they were children
of said residents.

Second. The school board of any district bordering on
another State which grants the same privilege to the State of
Virginia may, in its discretion, admit into its schools, free of
tuition, persons of school age residing beyond the limits of this
State, but near thereto, if their parent or guardian pay taxes
in the said district.

Third. Attendance shall be upon the school in the district
nearest to the residence of the pupils, unless otherwise ordered
by the district school board subject to the regulations of the
State board of education.