Chap. 54.—An ACT to amend and re-enact an act entitled ‘‘An act to provide equal
educational facilities for certain persons denied admission to Virginia State
colleges, universities, and institutions of higher learning.’’, approved March 27,
1936, as heretofore amended, so as to make the act applicable to Negroes unable
to secure certain courses or courses of study from the Virginia State College for
Negroes, to vest'in the State Board of Education certain further powers, and
to clarify certain provisions of this act. [H B 99}

Approved February 20, 1940

1. Be it enacted by the General Assembly of Virginia, That
an act entitled “An act to provide equal educational facilities for
certain persons denied admission to Virginia State colleges, universi-
ties, and institutions of higher learning.’’, approved March twenty-
seventh, nineteen hundred and thirty-six, as heretofore amended, be
amended and re-enacted so as to read as follows:

Section 1. Whenever any bona fide resident and citizen of this
State, regardless of race, possessing the qualifications of health,
character, ability and preparatory education customarily required for
admission to any Virginia State college, State university, or other
State institution of higher learning and education, or any branch or
department thereof, upon application, is denied admission thereto,
for any reason, by the board which constitutes the governing au-
thority of such institution, or whenever any Negro, who is a bona
fide resident and citizen of this State and possesses the qualifications
of health, character, ability and preparatory education customarily
required for admission to any Virginia State college, State university,
or other State institution of higher learning and education, or any
branch or department thereof, applies to the Virginia State College
for Negroes for admission and enrollment in any graduate or pro-
fessional course or course of study not offered in the said Virginia
State College for Negroes but offered at one or more of the other
Virginia State institutions of higher learning and education, if it
appear to the satisfaction of the State Board of Education that such
resident and citizen, regardless of race, or such Negro, is unable to
obtain from some other Virginia State institution of higher learning
and education, other than the one in which he seeks or sought ad-
mission, educational facilities equal to those applied for, and that
such equal educational facilities can be provided and furnished to
said applicant by a college, university or institution, not operated
as an agency or institution of the State, whether such other facilities
are located in Virginia or elsewhere in the United States, the State
Board of Education is hereby authorized, out of the funds appro-
priated for such purpose, to pay to such person, or the institution
attended by him and approved by the State Board of Education, as
and when needed, an amount equal to the amount, if any, by which
the cost to such person to attend such college, university or institu-
tion, not operated as an agency or institution of the State exceeds
the amount it would have cost such person to attend the State in-
stitution of higher education and learning to which admission was
denied or in which the graduate or professional course or course of
study desired is offered. In determining the comparative costs of
attending the said respective institutions the State Board of Education
shall take into consideration tuition charges, living expenses and costs
of transportation.

Section 2. The State Board of Education may, in lieu of paying
to any Negro or any institution attended by him the sum authorized
to be paid such person pursuant to the provisions of the preceding
section of this act, pay to such Negro or the institution attended by
him a sum equal to the amount appropriated, for the then current
year, by the State per student to the said State institution of higher
learning and education to which such admission was sought and
denied or in which the graduate or professional course or course of
study desired is offered. To determine the amount appropriated per
student by the State, there shall be deducted from the total State
appropriation to such State institution all fees, rents and charges
collected by the said institution, and all gifts, grants and other sums
originally received by the said institution from sources other than
the State, included in such total appropriation; the sum then re-
maining shall be divided by the total number of students attending
the said State institution.

Section 3. Whenever any person has been denied admission to
any Virginia State college, State university, or other State institution
of higher learning and education, or any branch or department
thereof, or whenever any Negro is unable to secure from the Virginia
State College for Negroes any graduate or professional course or
course of study, as specified in section one of this act, 1f such person
possesses the qualifications, health, character, ability and preparatory
education customarily required for admission thereto, the president
of such institution, or a dean or department head designated by the
president for that purpose, shall issue a certificate addressed to the
State Board of Education certifying the fact of the applicant’s denial
of admission and his qualification for admission and forward same to
the State Board of Education. The said certificate shall be prima
facie evidence of the facts therein stated. Nothing in said certificate
contained, however, shall prevent the State Board of Education from
making such further investigation of any application for money to
provide equal educational facilities as the said Board of Education
may deem proper.

Section 4. The State Board of Education is authorized to refuse
or withhold the payment of any moneys under the provisions of this
act to or from any person, or to or from any institution attended by
any person, who fails or refuses to meet such minimum requirements
as shall be prescribed by the State Board of Education with reference
to the studies, course or course of study pursued or taken by such
person.