CHAPTER 628

AN ACT to amend and reenact §§ 22-218, 22-219 and 22-220 of the Code
of Virginia, concerning persons who shall be admitted to public schools
in counties, cities, and towns operating as separate school districts;
and to add three new sections to the Code of Virginia, between
§§ 22-218 and 22-219, designated §§ 22-218.1, and 22-218.2 and
22-218.8, concerning persons who may be admitted to public schools
in counties, cities, and towns operating as separate school atte

[S 333]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That §§ 22-218, 22-219 and 22-220 of the Code of Virginia be amended
and reenacted as follows:

§ 22-218. Persons who shall be admitted to schools. — The public
schools * in each county, city, and town operating as a separate school
district shall be free to each person who is not less than seven years of
age and who has not reached twenty years of age residing in such county,
city or town. Every such person shall be deemed to reside in a county,
city or town when: (1) he or she is living with a natural parent or parent
by legal adoption who actually resides in such county, city or town, \(2)
the parents of such person are dead and he or she is living with a person
in loco parentis and who actually resides in such county, city or town,
or (3) he or she is living with such parent or person on a military or naval
reservation located wholly or partly within the geographical boundaries
of such county, city or town.

§ 22-219. Regulations concerning admission of certain persons to
schools. — * The school board of each county, city, or town operating as
a separate school district shall have the power to make regulations whereby
persons other than those defined in § 22-218 who are residents of the State
of Virginia may attend school in such county, city or town, and may charge
tuition for the attendance of such persons in such schools.

§ 22-220. Admission of persons who are nonresidents of State.—
The school board of any county, * city, or town operating as a separate
school district, may, in its discretion, admit into its schools persons of *
the ages prescribed in §§ 22-218, 22-218.1 and 22-218.2 who are * non-
residents of the State of Virginia, but who may be living temporarily
with relatives or others within such county, * city, or town operating as
a separate school district and wish to attend public schools therein.
* The school board shall make regulations whereby such persons may
attend school in such county, city or town, and shall charge tuition for the
attendance of such persons in such schools. The school board of any
county, * city, or town operating as a separate school district bordering
on another state or the District of Columbia which grants the same privi-
leges to persons who are residents of the Commonwealth of Virginia may,
in its discretion, admit into its schools, free of tuition, persons of * the
ages prescribed in §§ 22-218, 22-218.1 and 22-218.2 residing beyond the
limits of this State, but near thereto.

Any person having control or charge of any nonresident child or
children within the limits of the compulsory attendance law for a period
of sixty days or more must keep such child or children in regular attend-
ance in school as provided in §§ 22-251 to 22-255, inclusive, and must pay
or cause to be paid the tuition charges required herein for such child or
children or return such child or children to the home of the parents or
legal guardians in another state or the District of Columbia; provided
that any such person having control or charge of a nonresident child or
children and permitting such non-resident child or children to remain in
his home and not attend school regularly shall be deemed guilty of a mis-
demeanor and the provisions of §§ 22-268 to 22-273, inclusive, shall be
applicable. .

2. That the Code of Virginia be amended by adding three new sections
thereto between §§ 22-218 and 22-219, designated §§ 22-218.1, 22-218.2
and 22-218.3 as follows: .

§ 22-218.1. Persons under the age of seven years who may be admitted
to primary grades in schools.—The school board of a county, city, or town
operating as a separate school district in which the school system 1s
operated on an annual promotion basis may, in its discretion, admit per-
sons defined in §§ 22-218, 22-219 and 22-220 who have reached their sixth
birthday on or before September thirtieth of any year to the primary
grades for the school year. The school board of a county, city or town
operating as a separate school district in which the school system 18
operated on a semiannual promotion basis may, in its discretion, admit
persons defined in §§ 22-218, 22-219 and 22-220 who have reached their
sixth birthday on or before September thirtieth of any year to the primary
grades for the first semester or who have reached their sixth birthday
on or before March first of any year to the primary grades for the second
semester.

§ 22-218.2. Persons under the age of seven years who may be admitted
to kindergartens.—The school board of a county, city or town operating
as a separate school district in which a kindergarten is operated as a
part of the school system may, in its discretion, admit persons defined
in §§ 22-218, 22-219 and 22-220 who are under the age of six years to the
kindergarten. No kindergarten shall be entitled to participate in the State
school fund, but shall be supported by the local authorities.

§ 22-218.3. Persons over the age of twenty years who may be admitted
to schools.—The school board of a county, city, or town operating as a
separate school district may, in its discretion, admit persons above the
age of twenty years who actually reside in such county, city or town to
the public schools of such county, city or town under regulations to be
prescribed by the school board, provided the admission of such persons
will not, in the opinion of the school board, impair the usefulness and
efficiency of the school to which they are admitted or any other school.
The school board may in its discretion, charge such persons tuition fees.
No county, city or town shall be entitled to participate in the State school
baa on account of the admission of such persons to the public schools
thereof.