CHAPTER 14

AN ACT to provide for State aid to counties and cities in the
construction of public school buildings; to appropriate funds
therefor; and to provide the terms and conditions for the
expenditure of the funds appropriated. rH96}

Approved Februray 11, 1950

Be it enacted by the General Assembly of Virginia:

1. § 1. In order to assist the counties and cities in the con-
struction of needed public school buildings and to meet the
emergency existing because of the inadequacy of public school
facilities there is hereby appropriated from the general funds
of the State treasury the sum of forty-five million dollars. Of
this amount the sum of thirty million dollars shall be available
for immediate allocation and expenditure as provided in this
Act and the sum of fifteen million dollars shall be allocated and
made available for expenditure in accordance with the terms of
this Act during the fiscal year beginning July 1, 1951, and end-
ing June 30, 1952.

§ 2. Of the amounts hereby appropriated ninety percent
shall be allocated among the counties and cities of the Common-
wealth on the basis of the actual enrollment of school children
of school age, not incuding those attending kindergarten, exist-
ing in the public school system of the several counties and cities
on December 1, 1949, in the case of the first thirty million dollars
hereby appropriated and on December 1, 1950, as to the fifteen
million dollars appropriated for the fiscal year beginning July 1
1951, the share of each county and city to be in the same ratio
which the actual school enrollment therein bears to the total
school enrollment in the State. Towns constituting a separate
school district for the purpose of being operated as a separate
school district shall be entitled to receive their proportionate
share of the amounts allocated under this section to the county
or counties in which the towns are located, to be determined as
between the counties and towns concerned on the same basis of
distribution used by the State in making the allocation of such
funds to the counties and cities.

Of the amounts hereby appropriated ten percent, less
such amount as is expended for buildings and equipment for
aiding the development of vocational education as provided in
§ 6 of this Act, shall constitute an equalization fund to be made
available to those counties and cities where the need is greater
and in which a reasonable effort has been made by the local
authorities to meet their own needs. The equalization fund shall
be allocated among those counties and cities which satisfy the
State Board of Education in the manner provided by the rules
and regulations adopted by it pursuant to this Act that:

(a) they have projected a well-planned school building con-
struction program through June 30, 1954, satisfactory to the
State Board of Education; and that

(b) they are expending, or have expended from local
sources for current school operation, exclusive of capital outlay
and debt service, an amount equivalent to a tax levy of seventy
cents per one hundred dollars of true valuation of locally taxed
wealth within such counties or cities as determined by the State
Department of Taxation. For the allocation of the equalization
fund set apart from the first thirty million dollars appropriated
by this Act, the school year 1949-1950 shall be used in determin-
ing the amount expended or being expended from local sources
for current school operation. For the allocation of the equaliza-
tion fund set apart from the fifteen million dollars appropriated
for the fiscal year beginning July 1, 1951, the school year 1951-
1952 shall be used in determining the amount expended or being
expended from local sources for current school operation; and

t

(c) the true value of locally taxed wealth within such coun-
ties or cities per pupil in actual enrollment, not including those
attending kindergarten, is less than the combined average of
locally taxed wealth per pupil in all the counties and cities of
the State. For the allocation of the equalization fund set apart
from the first thirty million dollars appropriated by this Act, the
actual enrollment existing on December 1, 1949, shall be used.
For the allocation of the equalization fund set apart from the
fifteen million dollars appropriation for the fiscal year beginning
July 1, 1951, the actual enrollment existing on December 1,
1951, shall be used.

The equalization funds herein provided for shall be dis-
tributed on the basis of six hundred dollars per pupil in actual
elementary enrollment and eight hundred dollars per pupil in
actual secondary enrollmerit for whom the State Board of Edu-
cation is satisfied that new construction is needed, less any funds
allocated to the county or city under § 2 of this Act; provided,
however, if the amount of the appropriation is insufficient to
meet the entire needs of those counties and cities which qualify
for allocations from the equalization funds, the amount of the
equalization funds shall be distributed to such counties and cities
on a pro rata basis. But no county or city shall receive in excess
of 5% of such equalization fund.

§ 4. For the purpose of making the distributions as pro-
vided in §§ 2 and 3 of this Act, a pupil residing in one county
or city but attending school in another county or city under an
arrangement whereby the county or city in which the pupil
resides pays tuition to the county or city in which the pupil
attends school shall be considered enrolled only in the county
or city in which the pupil resides.

§ 5. If any city or town annexes any part of a county
after the effective date of this Act, the court entering the order
providing for the annexation shall provide in the order for an
equitable distribution between county and the city or town con-
cerned of the funds which said county, city or town is entitled
to receive under §§ 2 and 3 of this Act.

§ 6. The State Board of Education, with the approval of
the Governor, may provide that an amount not to exceed ten
percent of the sum which would otherwise be expended as a
part of the equalization fund provided for in § 3 of this Act
shall be expended for buildings and equipment for aiding the
development of vocational education wherever such assistance
may be needed without regard to the factors governing the
expenditure of other funds under this Act.

§ 7. The amounts hereby appropriated shall be expended
on warrants of the Comptroller issued upon vouchers signed by
the Superintendent of Public Instruction or by such person or
persons as may be designated by him for that purpose. No
locality shall receive its share of the 90 percent of the funds
herein appropriated and referred to in § 2 of this Act, until
such locality shall have satisfied the State Board of Education
and the Governor of Virginia:

(a) That it has projected a well-planned school building
construction program, through June 30, 1954, which is neces-
sary to the proper educational facilities of such locality, and

(b) That the plans and specifications for the particular
building, or buildings, or particular work of repair, renovation
or improvement of existing buildings for which an application
is made for funds under this Act are suitable and adequate and
do not involve expenditures which are excessive for the purpose
intended, and

(c) That such locality is financially able to and will com-
plete the particular building, or buildings, or particular work
of repair, renovation or improvement of existing buildings for
which an application is made for funds under this Act in the
event the amount allocated to the locality under this Act is not
sufficient, or
(d) That such locality has complied with the provisions of
§ 9 of this Act by having met its school construction needs, in
which event it shall receive its allocation of said funds, or such
part thereof as may be necessary to pay its existing indebted-
ness incurred for the construction of school buildings as pro-
vided for in said section, and the residue, if any, shall be held
in trust pursuant to § 9 of this Act.

The State Board of Education, with the approval of the
Governor first obtained, shall prescribe the procedure govern-
ing the application for and the actual payment of any funds
appropriated by this Act to the locality, and shall require that
such funds are used only for the purposes of this Act. In the
event the locality shall use said funds for purposes other than
set forth in this Act, so much thereof as is improperly so used
shall be deducted from current allocation of State revenues to
such locality, for school purposes. Such reports as may be
required to be submitted to the State Board of Education under
this Act shall be certified as correct by a resolution of the school
board of the county or city concerned.

§ 8. Except as provided in § 9 of this Act, all of the
funds appropriated by this Act shall be expended for the con-
struction of or addition to new public school buildings. For the
purposes of this Act, new public school buildings shall not
include any school buildings for which the county or city con-
cerned has authorized the issuance of bonds, not including notes
for temporary loans, or has issued a Literary Fund note or
notes pursuant to an application for a loan from the Literary
Fund prior to making application for funds under this Act. If
the State Board of Education finds that the situation so requires,
it may consider the repair, renovation and improvement of
existing buildings as the construction of new public school
buildings. The purchase price of land upon which to erect new
buildings shall not be included in the cost of construction of new
public school buildings. ,

§ 9. Whenever the State Board of Education finds that
any county or city has met its existing school construction needs,
the State Board of Education shall authorize the payment to
such county or city of the amounts allocated to such county or
city under the provisions of this Act to be used by the county
or city to pay any existing school indebtedness or school obli-
gation of the county or city incurred for the construction of
public school buildings.

If any county or city which the State Board of Education
finds has met its existing school construction needs has no
existing school indebtedness or school obligations, the amounts
allocated to such county or city under the provisions of this Act
shall be held by the State in trust until such time as further
school construction may become necessary in such county or
city. All interest received on the amounts so held in trust shall
accrue to the general fund of the State.

§ 10. From any decision of the State Board of Education
on any matter arising under this’ Act the county or city con-
cerned may appeal to the Governor and his decision shall be
controlling and final.

§ 11. The appropriation of funds hereunder is for the
purpose of meeting the emergency need for school construction
caused by the cessation of building during the recent war, the
increase in the birth rate, and other special problems. The Gen-
eral Assembly hereby declares that nothing herein contained
shall be construed as establishing a policy of State grants to
aid the localities in meeting normal public school construction
needs or as imposing on the General Assembly any obligation
beyond the limits herein set out.

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