Chap. 332.—An ACT to provide free textbooks for the use of pupils attending
the day and evening public elementary schools in Virginia; to prescribe the
powers and duties of the State Board of Education, of division superintendents
of schools, and of local school boards relating thereto; and to appropriate
money therefor, (H B 92]

Approved March 27, 1946

Be it enacted by the General Assembly of Virginia :

1. Section 1. The State Board of Education is hereby authorized,
empowered and directed to adopt rules and regulations governing the
purchase of textbooks, adopted by it for use in the public schools, directly
from the publishers by the county and city school boards, and governing
the distribution and care of such adopted textbooks for the use of chil-
dren attending public elementary schools in Virginia.

Section 2. Except as hereinafter provided, county and city school
boards shall furnish free of charge adopted textbooks for the use of all
children attending the public elementary schools in each school division
in conformity with the rules and regulations adopted by the State Board
of Education, and shall make such rules and regulations not in conflict
with this act and the rules and regulations of the State Board of Educa-
tion, as may be necessary, governing the purchase, distribution, care and
return of such textbooks to the county and city school boards.

Section 3. The county and city school boards shall require the
parent, guardian or other person having the custody and control of each
child enrolled in the public schools to donate, or cause to be donated,
to the school board of his respective county or city all adopted textbooks
used by such child in the public schools of this State during the school
year preceding that in which this act becomes operative in such school
division, or, upon the failure to make such delivery, the school board may
collect from such parent, guardian, or other person, the present value of
such books based on the original cost as new books, less a reasonable
deduction for depreciation on account of ordinary wear and tear, as the
board may determine, in exchange for the use of adopted textbooks fur-
nished in accordance with the provisions of this act. The county or city
school boards, however, may sell State adopted textbooks to pupils who
do not wish to donate their used books in exchange for free use of text-
books or to those who prefer to own their books at a retail price not to
exceed seven per cent added to the wholesale price free on board pub-
lishers.
Section 4. On or before July fifteen, nineteen hundred forty-six,
and on or before June twenty of each year thereafter, the division super-
intendent of each school division shall make up a requisition, on forms
to be furnished by the State Department of Education, covering all
adopted textbooks needed for the supply of the schools at the opening
of the following session. A copy of this requisition shall be kept by the
division superintendent and a copy shall be sent to the State Board of
Education. The county and city school boards, shall forward promptly
or cause to be forwarded, the orders to the respective publishers for
shipment of books directly to the respective local school boards. The
purchase price of such books shall be paid directly to the publishers by
the local school boards.

Section 5. On or before June twenty of each year, the division
superintendent shall make up, on forms to be furnished by the State
Department of Education, a complete list of textbooks which need to be
rebound, and forward a copy of this list to the State Board of Education,
which shall consolidate, or cause to be consolidated, the lists, and secure
bids from reliable firms for rebinding all such textbooks reported for the
entire State. The State Board of Education shall forward to the several
local school boards a list of all bids received and advise them to award
the contract for rebinding the said textbooks to the responsible bidder
offering the most satisfactory prices and terms for the calling for and
delivery of textbooks. The cost of such rebinding shall be paid by the
local school boards.

Section 6. Consumable material such as work books, writing books
and drawing books shall not be purchased with any funds appropriated
and distributed to the counties and cities pursuant to the provisions of
this act. Such material may, however, be purchased and donated by the
local school boards, or sold at a retail price not to exceed seven per centum
added to the wholesale free on board publisher price.

Section 7. The State Board of Education shall see that all pupils
attending the public schools are properly supplied with adopted text-
books, that the accounts of local school boards with the publishers are
accurately kept and payments made by such boards for all books pur-
chased on the due date; that a reasonable supply of new State adopted
textbooks are kept on hand; that used books shall be rebound to pro-
long their usefulness; that the stock of textbooks is covered by fire in-
surance ; that every person handling textbook accounts is properly bonded
with corporate surety ; that all accounts are closed if and when any local
school administration is changed; and shall exercise such other super-
visory powers as shall be necessary to provide satisfactory distribution
and proper care of free textbooks on a statewide basis.

Section 8. The State funds appropriated for this purpose shall be
apportioned by the State Board of Education and distributed to the coun-
ties and cities of the State for the purchase of adopted textbooks by the
respective local school boards on the basis of sixty cents (60¢) per pupil
enrolled during the fiscal year preceding that for which the apportion-
ment and distribution are made. In the event the amount appropriated is
insufficient to make such distribution, the State Board of Education is
authorized and empowered to apportion and cause to be distributed to
the counties and cities of the State for such purpose such moneys as
may have been appropriated by the State, for the purchase of adopted
textbooks on the aforesaid basis of sixty cents (60¢) per pupil enrolled
in the respective grades of the public schools beginning with the special
classes and going in ascending order through the first grade and as far
up the scale of grades as the funds will permit; thereupon, the school
boards of the respective counties and cities shall, notwithstanding other
provisions of this act, be required to carry into effect the provisions of
this act only in so far as it shall relate to the grades, the pupils in such
grades, and the textbooks and other material required for such grades
and pupils, as shall be covered and provided for by such appropriation.

Section 9. The State Board of Education is hereby authorized and
empowered to withhold from any county or city the payment of moneys
or any part thereof, herein appropriated for allotment and distribution
to such county or city under and pursuant to the provisions of this act,
if and for so long as the school board of such county or city shall fail or
refuse to comply: with the provisions, or any of the provisions, of this act.

Section 10. Provided, however, that any county or city school
board may, by a resolution duly adopted by a recorded vote and certified
to the State Board of Education not later than July fifteenth, nineteen
hundred and forty-six, exempt itself and its school division from the
provisions of this act, and upon such withdrawal such board and its school
division shall not be subject thereto; but any county or city school board
so withdrawing may, by a resolution duly adopted by a recorded vote
and certified to the State Board of Education not later than June twenty
in any subsequent year again become subject to this act and be bound by
the provisions thereof and entitled to all of the rights thereunder there-
after accruing just as if it had not withdrawn, but with no right of sub-
sequent withdrawal.

It 1s further provided that any county or city school board not elec-
ing prior to July fifteenth, nineteen hundred forty-six, to avail itself of
the right of withdrawal, may in any subsequent year, by a resolution
duly adopted by a recorded vote and certified to the State Board of Ed-
ucation not later than June twentieth in such year, and upon the re-
payment to the State Board of Education of an amount equal to two-
thirds of the aggregate of the amounts theretofore received by such school
board under this act within the preceding twelve months, withdraw itself
and its school division from the operation hereof, and upon such with-
drawal such school board and its school division shall not for the follow-
ing school year or thereafter be subject to the provisions hereof.

2. All acts and parts of acts, including charter provisions and
ordinances of cities and towns, inconsistent with the provisions of this act
are hereby repealed to the extent of such inconsistency.

3. This act shall take effect on, and be in force and effect on and
after July one, nineteen hundred forty-six.