CHAPTER 319

An Act to establish the policy of the Commonwealth of Virginia with re-
spect to the operation of the public free schools when the peace and
tranquility of the school division is disturbed or the orderly admtnis-
tration of the educational process is disturbed by reason of the exist-
ence of certain conditions; to provide for the closing of such schools;
to vest and confer certain powers in the Governor; and to provide the

conditions for return of such schools to the local authorities.
(H 631]

Approved March 13, 1958

Be it enacted by the General Assembly of Virginia:

1. § 1. (a) If the entry upon the premises of any public free school,
or the vicinity thereof, by military forces or other personnel under fed-
eral authority, or (b) the closing of any such public school as a result
thereof, should in the opinion of the Governor, cause the peace and tran-
quility of the school division in which any such school is located to be dis-
turbed, or should cause the orderly administration of the educational
process to be disrupted or disturbed in any other school or schools located
in the same school division, the Governor is hereby authorized and empow-
ered, in his discretion, to close any other such school or schools located in
the same school division, irrespective of whether or not such other school,
or schools, so located are being policed by any Federal authority. The
operation and supervision of the public schools is a right inherent in and
subject only to the laws of this Commonwealth and her sovereignty and
dignity in this respect shall not be abrogated.

§ 2. Upon the closing of any public school pursuant to this act, the
Governor shall assume all control and exercise all authority with respect
to such school, its operating personnel and pupils, including the powers
vested in the Governor under the provisions of §§ 22-188.8, 22-188.9 and
22-188.10 of the Code. The duly constituted authorities of the locality for-
merly having control of such closed school are vested with those powers
granted such authorities by § 22-188.9, and other applicable sections of
the Code, in so far as payment of tuition grants are concerned. During
the period of time a school is closed under this act, the provisions of § 22-
188.14 of the Code shall be applicable to teachers and other personnel
affected thereby.

§ 3. During the period of time any public school is closed pursuant
to this act, the powers and duties of the local school board, the division
superintendent, the superintendent of public instruction, the State Board
of Education and the Pupil Placement Board, as the same are prescribed
by statute, with respect to the control and operation of such schoo! shall
be suspended and divested, and all such powers, during such period of
time, shall be vested in and exercised by the Governor. Nothing herein
contained shall be construed as impairing the power of the local school
board with respect to the sale or exchange of property as provided by
§ 22-161 of the Code.

§ 4. Whenever it is made to appear to the Governor that any public
school which has been closed under the provisions of this act can be re-
opened and operated without the existence of any of the conditions contain-
ed in § 1 of this act, the Governor shall, by executive order, restore the
powers divested under § 8 of this act and return the operation, control
and maintenance of such school to the local school board of the political
subdivision in which it is located.

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