CHAPTER 448

An Act to encourage the education of the children of the Commonwealth
by providing State scholarships and authorizing the governing bodies
of counties, cities and towns to provide local scholarships for the edu-
cation of such children in nonsectarian private schools located in or
outside, and in public schools located outside, the locality in which
they reside; to provide for the manner in which such scholarships
shall be made available; to make unlawful the improper obtaining or
expending of funds provided for such scholarships; to provide for
the manner in which local scholarships shall be available under certain
circumstances, and the minimum amount of such scholarships; and
to repeal Chapter 58, Acts of Assembly, Extra Session, 1959, and
Chapter 7.2 of Title 22 of the Code, consisting of §§ 22-115.22 through
22-115.28, relating to grants for education of children wn private
schools.

[S 238]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:
1. § 1. The General Assembly, mindful of the need for a literate and
informed citizenry, and being desirous of advancing the cause of education
generally, hereby declares that it is the policy of this Commonwealth to
encourage the education of all of the children of Virginia. In furtherance
of this objective, and to afford each individual freedom in choosing public or
private schooling, the General Assembly finds that it is desirable and in the
public interest that scholarships should be provided from the public funds
of the State for the education of the children in nonsectarian private
schools in or outside, and in public schools located outside, the locality
where the children reside; and that counties, cities and towns, if the town
be a separate school district approved for operation, should be authorized
to levy taxes and appropriate public funds to provide for such scholarships.

§ 2. Every child in this Commonwealth between the ages of six and
twenty who has not finished or graduated from high school, and who
desires to attend a nonsectarian private school located in or outside, or a
public school located outside, the locality in which such child resides, shall
be eligible and entitled to receive a State scholarship in the amount of one
hundred and twenty-five dollars per school year, if attending an elementary
school and one hundred fifty dollars if attending a high school.

§ 3. The governing body of each county, city or town, if the town be a
separate school district approved for operation, is authorized to appropriate
funds to provide local scholarships in such amount as they may deem
proper, not less than the amount specified in this Act, for the education of
children residing therein, in nonsectarian private schools located in or
outside, and in public schools located outside, such county, city or town.

§ 4. Every child between the ages of six and twenty, residing in any
county, city, or town which provides for the payment of local scholarships
under the provisions of this Act, who has not finished or graduated from
high school, and who desires to attend a nonsectarian private school located
in or outside, or a public school located outside, such county, city, or town,
shall be eligible and entitled to receive such local scholarship. The amount
of the scholarship, if provided, shall be at least that amount which, with
the addition of the State scholarship of one hundred and twenty-five dollars
or one hundred and fifty dollars as provided by section two of this Act,
would equal two hundred and fifty dollars, if the child attends an elemen-
tary school or two hundred seventy-five dollars if the child attends a high
school, or the amount equal to the actual cost of tuition at the school attend-
ed by such child, or the total cost of operation, excluding debt service and
capital outlay, per pupil in average daily attendance in the public schools of
the county, city, or town providing such scholarships, as determined by the
Superintendent of Public Instruction for the school year in which public
schools were last operated in such locality, whichever of such three sums is
the lowest. :

§ 5. The State Board of Education is hereby authorized and directed
to promulgate rules and regulations for the payment of such scholarships,
and the administration of this Act generally. Such rules and regulations
may prescribe the minimum academic standards that shall be met by any
nonsectarian private school attended by a child to entitle such child to a
scholarship, but shall not deal in any way with the requirements of such
school concerning the eligibility of pupils who may be admitted thereto.
The State Board of Education may also provide for the payment of such
scholarships in installments, and for their proration in the -ase of children
attending school less than a full school year.

§ 6. If the governing body of a county, city, or town authorized by
section three of this Act to provide local scholarships fails to provide such
scholarships for those entitled thereto, the State Board of Education shall
authorize and direct the Superintendent of Public Instruction, under rules
and regulations of the State Board of Education, to provide for the payment
of such scholarships on behalf of such county, city, or town to the extent
hereinafter mentioned. In such event the Superintendent of Public In-
struction shall, at the end of each month, file with the State Comptroller
and with the governing body and school board of such county, city, or town
a statement showing all disbursements so made on behalf of such county,
city, or town, and the Comptroller shall, from time to time, as such funds
become available, deduct from other State funds appropriated for distribu-
tion to such county, city or town the amount required to reimburse the
State for expenditures incurred under the provisions of this section, )ro-
vided that in no event shall any funds to which such county, city, or town
may be entitled under the provisions of Title 63 of the Code or frr the
operation of public schools be withheld under the provisions of this section.

§ 7. It shall be unlawful for any person to obtain, seek to obtain, ex-
pend, or seek to expend, any scholarship funds for any purpose other than
in payment of or reimbursement for the tuition costs for the attendance of
his child or ward at a nonsectarian private school in or outside the county,
city, or town making such scholarship grant, or a public school located
outside such county, city, or town. A violation of this section shall, except
for offenses punishable under § 18-237 of the Code, constitute a mis-
demeanor and be punished as provided by law.

§ 8. If any part or parts, section, subsection, sentence, clause or phrase
of this act or the application thereof to any person or circumstance is for
any reason declared unconstitutional, such decision shall not affect the
validity of the remaining portions of this act which shall remain in force
as if such act had been passed with the unconstitutional part or parts,
section, subsection, sentence, clause, phrase or such application thereof
eliminated; and the General Assembly hereby declares that it would have
passed this act if such unconstitutional part or parts, section, subsection,
sentence, clause or phrase had not been included herein, or if such applica-
tion had not been made.

2. That Chapter 53, Acts of Assembly, Extra Session 1959, and Chapter
7.2 of Title 22 of the Code of Virginia, consisting of §§ 22-115.22 through
22-115.28, are hereby repealed.