CHAPTER 68

An Act to establish the responsibility of the Commonwealth of Virginia
for the control of certain public schools under certain conditions; to
that end to state the conditions which must exist in relation to such
schools in order for the Commonwealth to assume such responsibility ;
to vest in the Commonwealth control of certain schools under stated
conditions, and to confer powers and impose duties upon the Common-
wealth to be exercised by the Governor of Virginia; to provide the
conditions under which such powers shall be designated; to empower
the Governor to act in certain cases; to confer immunity from legal
proceedings upon the Commonwealth of Virginia and the Governor;
to refuse the consent of the Commonwealth to certain legal proceed-
ings; to provide for the payment of certain educational grants; and
to provide for the appropriation and expenditure of funds necessary
under this act.

[S 56]

Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:

1. § 1. The General Assembly declares that, as a consequence of the
decisions of the Supreme Court of the United States affecting the public
school system, school authorities of the various political subdivisions of
the Commonwealth of Virginia will be faced with unprecedented obstacles
if and when ordered to enroll white and colored children in the same public
schools, and such enforced integration of the races by a county or city
school board could destroy the efficiency of the school in which white
and colored children were so enrolled, and would tend to disturb the peace
and tranquility of the community in which such school is located.

§ 2. The Genera] Assembly declares that the welfare of all the citi-
zens of the Commonwealth, the preservation of her public school system
and a continuance of universal public education, make it necessary that
there be uniformity of action throughout the State in all instances where
school authorities acting voluntarily, or under compulsion, enroll a child
in a public school, which enrollment would require a child of the white
race to attend a public school with a child of the colored race, or which
enrollment would require a child of the colored race to attend a public
school with a child of the white race.

§ 3. From and after the effective date of this act, and in conformity
with the public policy of the Commonwealth of Virginia as herein estab-
lished in §§ 1 and 2, and specifically invoking the police powers of the
Commonwealth and the constitutional powers of the General Assembly,
the Commonwealth of Virginia assumes direct responsibility for the con-
trol of any school, elementary or secondary, in the Commonwealth, to
which children of both races are assigned and enrolled by any school
authorities acting voluntarily or under compulsion of any court order.
The making of such an assignment, and the enrollment of such child, or
children, shall automatically divest the school authorities making the
assignment and the enrollment of all further authority, power and control
over such public school, its principal, teachers and other employees, and
all pupils then enrolled or ordered to be enrolled therein; and such school
is closed and is removed from the public school system, and such
authority, power and control over such school, its principal, teachers, other
employees and all pupils then enrolled or ordered to be enrolled, shall be
and is hereby vested in the Commonwealth of Virginia to be exercised by
me Sooner of Virginia in whom reposes the chief executive power
of the .
§ 4. Immediately upon such control, power and authority becoming
vested in the Commonwealth of Virginia, by reason of the occurrences
provided for in § 3 aforesaid, such school is closed, and shall not be
reopened, as a public school, until, in the opinion of the Governor, and
after an investigation by him, he finds and issues an executive order that
(1) the peace and tranquility of the community in which the school is
located will not be disturbed by such school being reopened and operated,
and (2) the assignment of pupils to such school could be accomplished
without enforced or compulsory integration of the races therein contrary
to the wishes of any child enrolled therein, or of his or her parent or
parents, lawful guardian or other custodian.

§ 5. If after investigation, the Governor concludes that such school
cannot be reopened, under the conditions provided for in § 4 of this act,
he is given authority to reorganize the school, its personnel, curriculum
and facilities, and make such other changes therein as in his discretion
may be necessary and desirable and needed to effect a reopening of such
school and, in such reorganization and in making assignment of pupils
to such school, or in making reassignments to the school or schools in which
they were formerly enrolled if he deems it necessary to preserve the peace
and tranquility of the community or in making assignments of pupils
to other available schools, he shall give due consideration to the laws of
the Commonwealth relative to assignment and enrollment of pupils and
due consideration to the individual safety, needs and welfare of the child
or children involved and the safety, welfare and best interest of other
children attending the school and the welfare and safety of the community,
the availability of facilities, the health and aptitude of such child, the
availability of transportation, and all other relevant factors, and their
effect on such child and other children attending said school and on the
welfare and best interest of the administration of the school or schools
involved, which assignment and enrollment shall remain in effect for the
remainder of the current school session unless otherwise ordered or
authorized by the Governor; provided, however, no school which has been
closed, as aforesaid, shall be reopened, or reorganized and reopened, by
the Governor, unless and until he finds and issues an executive order
that such school can be reopened or reorganized and reopened in accord-
ance with the provisions of § 4 above.

§ 6. If after investigation, the Governor concludes that such school
cannot be reopened, or cannot be reorganized and reopened, he is author-
ized to assign the children in such school to any available public schools
where such an assignment is practicable and to the best interest of the
children involved, and to the public school system of the political sub-
division concerned, taking into consideration the factors aforesaid; and
the Governor is further authorized to make available other facilities for
the instruction of such children, and to reassign the teachers in such
closed school to other public schools in the political subdivision in which
such closed school is located, or to other school or schools or other facili-
Hes made available for the instruction of such children, as authorized

erein.

§ 7. Whenever any public school shall be closed under the cir-
cumstances aforesaid and as provided in the preceding sections of this
act, and any child, or children, enrolled in such school cannot be reassigned
to another public school, the Governor and the duly constituted authorities
of the locality formerly having control of such school are authorized to
make available to such child or children an education or tuition grant
from funds which would otherwise have been available for the operation
of the school in which he or she was enrolled, or are otherwise available
for that purpose, the amount of such grant to be expended under rules and
regulations established by law or in the absence thereof to be promulgated
by the Governor, which grants shall be expended by pupils attending non-
sectarian private schools only, and provided, further, however, that the
amount of such grant authorized and expended shall not exceed an amount
equal to the quotient derived by dividing the total amount expended in the
elementary and secondary school system of the political subdivision in
which such school is located by the enrollment of pupils attending such
public school system of such political subdivision for the year next pre-

§ 8. Should the Governor, in carrying out the provisions of this
act and in providing for the education of the children assigned and en-
rolled in any school which is closed hereunder, expend an amount in excess
of the amount which would have been expended by the school board of
the political subdivision in which such school is located, had such school
not closed, authority is hereby given and the Governor is authorized to
supplement the appropriation available to such political subdivision for
educational purposes by an amount equal to such difference, such supple-
ment to be made from funds which may be available and upon such con-
ditions as may be decided upon by the fiscal officers of the Commonwealth,
the State Board of Education and the duly constituted authorities of the
locality involved.

§ 9. Whenever it is made to appear to the Governor that any school
which has been closed under the conditions aforesaid can be reopened and
operated in accordance with the provisions of § 4 of this act, the Governor
is authorized to return forthwith the operation, control and maintenance
of such school to the local school board of the political subdivision in which
it is located.

§ 10. Notwithstanding any other provision contained in this act,
if after investigation the Governor concludes, or, at any time the school
board or board of supervisors of the county or the council of the city in
which the closed school is located, certifies to the Governor by resolution
that in its or their opinion such school cannot be reopened, or reorganized
and reopened, in conformity with provisions of this act, the Governor
shall so proclaim, in which event the said school shall again become a part
of the public school system of the political subdivision in which it is located,
and such school, elementary or secondary, shall along with all other
schools of its class in the politica] subdivision in which it is located thereby
become subject to the applicable provisions of the laws of this State.

§ 11. The Governor is given the power to take any and all actions
and make such expenditures as may be necessary to carry into effect the
provisions of this act and to fulfill the responsibilities assumed hereunder
for the control of certain public schools upon the happening of certain con-
tingencies.

§ 12. The Commonwealth of Virginia assumes the contractual obli-
gation of the school board of any political subdivision, in which a school
is closed under this act, with the principal, teachers and employees of
such closed school, and it is directed that the salary, wage or compensa-
tion of such principal, teachers or employees be paid upon authorization
of the Governor as agreed and provided by the terms of their contract
with such school board and for the time specified in the contract, or so
long as such principal, teachers and employees are under the control of the
Governor by virtue of the provisions of this act; provided, however,
nothing herein contained shall obligate the Commonwealth of Virginia
to employ or compensate such principal, teachers and other employees
beyond the expiration date of their contract with such school board.

§ 13. Every action authorized and taken in conformity with the
provisions of this act shall be and is hereby declared to be the act of the
General Assembly of Virginia and an act of the Governor of Virginia
and an act taken on behalf of the sovereign Commonwealth of Virginia,
and if any suit, action or other legal proceedings be instituted relative
thereto, the same shall be regarded and is hereby declared to be a suit,
action or proceeding against the Commonwealth of Virginia, and the
Commonwealth hereby declines and refuses for the Commonwealth of
Virginia or the Governor of Virginia to be subject to such a suit unless
it shall be one brought by the Attorney General of Virginia to enforce
the laws of the Commonwealth.

2. If any part, section, portion or provision of this act or the application
thereof to any person or circumstance be held invalid by a court of final
resort, such holding shall not affect any part, section, portion, provision
or application of this act which can be given effect without the part, sec-
tion, portion, provision or application so held invalid; and to this end,
the parts, sections, portions, provisions and applications hereof are de-
clared severable.

8. Any acts or parts of acts in conflict herewith are hereby repealed
to the extent of such conflict. .

4. An emergency exists and this act is in force from its passage.