CHAPTER 69

An Act to declare an emergency to exist in any school division in which
an efficient system of elementary or secondary public schools is not
operated under local authority, and in such case to invoke the police
powers of the Commonwealth and the Constitutional powers of the
General Assembly; to establish in every such school district, subject
to the adoption by the local governing body of a resolution declaring
the need therefor, an efficient system of elementary or secondary
public schools operated by the Commonwealth; to provide that such
system be operated and maintained by the Governor for and on behalf
of the General Assembly; to define “efficient system of elementary
public schools” and “efficient system of secondary public schools”; to
provide for the use of local school buildings and related facilities of
certain counties, cities and towns; to provide for the purchase of text-
books, supplies and equipment, and to permit local school boards to
provide for the transportation of pupils; to provide for the adminis-
tration of the school system hereby established and the employment
of persons therein; to provide for the application of this act to counties,
cities and towns; to vest in the State Board of Education the general
supervision of such schools and to authorize it, subject to certain
limitations, to make rules and regulations applicable thereto; to pro-
vide how proceedings against local school boards in matters involving
the State established schools may be instituted; to prescribe the effect
of certain proceedings brought against local school boards and the
members thereof; to provide the circumstances under which pupils
may be admitted to the State schools; to provide for the employment
and assignment of teachers and other personnel; to prescribe the pro-
visions of Title 22 of the Code of Virginia which shall apply to the
State established and maintained schools; to provide the method for
admission to the State established schools and the terms and condi-
tions thereof.

{H 77]

Approved September 29, 1956
Be it enacted by the General Assembly of Virginia:

1. § 1. Whenever in any school division an efficient system of elemen-
tary or secondary public schools as herein defined is not operated under
local authority, an emergency hereby is declared to exist. In such case
the police powers of the Commonwealth and the Constitutional powers of
the General Assembly hereby are invoked. In every school division in
which such emergency shall exist there is hereby established by the Gen-
eral Assembly an efficient system of elementary or secondary public schools
to be operated by the Commonwealth; provided, the local governing body
adopts a resolution reciting the existence of such emergency and declaring
the need for such State operated public school system, in which case all of
the provisions of this act shall apply.

A copy of such resolution, properly certified, shall be sent to, and
kept by, the Keeper of the Rolls of the State. Upon receipt of such resolu-
tion it shall be the duty of the Keeper of the Rolls to forward a true copy
thereof to the Governor, who shall thereupon, for and on behalf of the
General Assembly, operate and maintain an efficient system of elementary
or secondary schools in such school division pursuant to the provisions
of this act.

Whenever in such school division an efficient system of elementary
or secondary public schools as herein defined again shall be established
and operated under local authority and the State Board of Education shall
have certified such fact to the Keeper of the Rolls of the State such
emergency shall cease to exist and the provisions of this act shall cease
to apply to such school district.

The Keeper of the Rolls forthwith shall forward a true copy of such
certificate to the Governor.

§ 2. As used in this act an efficient system of elementary public
schools, hereinafter referred to as elementary schools, means and shall
be only that system within each county, city or town in which no elementary
ene Soran of a student body in which white and colored children are

ught.

An efficient system of secondary public schools, hereinafter referred
to as secondary schools, means and shall be only that system within each
county, city or town in which no secondary school consists of a student body
in which white and colored children are taught.

§ 3. The provisions of this act shall be controlling over all other
provisions of law in conflict therewith. In any case in which any other
provision of law is not in conflict with a provision of this act such other
statute shall apply as to the system of public free schools hereby established.

§ 4. The system of schools established by the State shall use and be
housed in the unused school buildings and related facilities now or here-
after owned, constructed, and maintained by the school boards of the
several counties, cities, and towns if such towns constitute separate
school districts. The provisions of law applicable to the purchase of text-
books, supplies, and equipment by local school boards shall remain in force
and it shall be the duty of such local school boards to supply same in
accordance with law to the pupils attending the schools established and
maintained by the State. The local school boards may provide transporta-
tion to pupils attending such schools.

§ 5. The State established public free school system shall be ad-
ministered by the Governor for the General Assembly. Local school boards
shall have such administration of such schools as will not conflict with
this act or rules and regulations of the State Board of Education.

§ 6. The general supervision of the State established school system
is vested in the State Board of Education which is authorized to make
regulations for the operation thereof in an efficient manner. Provided,
however, that except as specifically stated, nothing in this act shall be
construed as conferring upon the State Board the power to determine the
educational policies of the State in conflict with this act.

§ 7. No suit, action, prosecution or proceeding shall be brought
against a local school board in any matter involving the State established
schools unless the same be instituted by the Attorney General. If any local
school board or member thereof be proceeded against otherwise such shall
automatically terminate the powers of the members and such local school
board as to any such State schools and the State Board of Education shall
appoint a trustee to operate same until the powers of such local school
board be reestablished by the General Assembly as to such State schools.

§ 8. The enrollment or placement of pupils in and the determination
of school attendance districts for the State established public schools shall
be accomplished only by such authority and in such manner as now or
hereafter may be prescribed by law, and the school boards of the several
counties, cities and towns shall have no power to admit or assign pupils
except in accordance therewith.

§ 9. The local school board, subject to the State Board of Education,
shall employ teachers and assign them to the several schools. Such teach-
ers shall be paid from the funds available to operate such schools.

§ 10. The provisions of Title 22 of the Code of Virginia and other pro-
visions of law applicable to the operation of public free schools by the school
boards of the several school divisions shall apply mutatis mutandis to the
schools established and operated in accordance with the provisions of § 1
hereof, except when a different requirement is imposed by this act or the
State Board of Education.

§ 11. Each county, city, or town, if the same be a separate school
district, and school district in which State established schools are operated
shall raise from local levies or cash appropriations an amount equivalent to
that required under Chapter 716 of the Acts of Assembly of 1956, as
amended, for local maintenance of schools and may so raise or appropriate
such further sums as in their judgment the public welfare may require for
assisting in the operation of the State established schools or, as the case
may be, a system of elementary free public schools or a system of second-
ary free public schools. All such funds shall be paid into the State
treasury, are hereby made available to the State Board of Education, and
shall be expended by the State Board of Education in the respective
counties, cities and towns which paid in such funds. Such expenditures
shall be for the support of State established public schools in the county,
city or town involved and for no other purpose.