Chap. 125.—An ACT to amend and re-enact an act entitled “an act to provide
equal educational facilities for certain persons denied admission to Vir-
ginia State colleges, universities and institutions of higher learning”, ap-
proved March 27, 1936, so as to require the State Board of Education to
determine when such facilities shall be furnished and to pay for such
facilities out of funds provided for the purpose. [S B 130]

Approved March 12, 1938

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, universities and
institutions of higher learning”’, approved March twenty-seventh, nine-
teen hundred and thirty-six, 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, char-
acter, ability and preparatory education customarily required for ad-
mission to any Virginia State college, State university, or other State
institution of higher learning and education, or any branch or depart-
ment thereof, upon application, is denied admission thereto, for any
reason, by the board which constitutes the governing authority of
such institution, if it appear to the satisfaction of the State Board of
Education that such person is unable to obtain from another such
or similar Virginia State college, State university, or State institution,
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, the State Board of Education is hereby au-
thorized, out of the funds appropriated for such purpose, to pay to
such person, or the institution attended by him, as and when needed,
such sum, if any, as may be necessary to supplement the amount which
't would cost such person to attend the said State college, university
or institution, so that such person will be enabled to secure such equal
educational facilities elsewhere without additional cost to such person.
In determining the comparative costs of attending the said respective
iastitutions the State Board of Education shall take into consideration
tuition charges, living expenses and costs of transportation.
.. Section, 2..., 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,
if such. person. possesses the qualifications, health, character, ability
and preparatory education customarily required for admission there,
the president of such institution, or.a dean or department head desig-
nated by the president for that purpose, shall issue a certificate ad-
dressed 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 ot
Education may deem proper.