CHAPTER 41

AN ACT to establish the policy of the Commonwealth of Virginia with re-
spect to public schools whenever under any Federal authority the
operation thereof is policed by military troops or enforcement officers;
to provide for the closing of such schools; to vest and confer certain
powers in the Governor; to provide the conditions for return of such
schools to the local authorities. (8 120]

Approved February 17, 1958

Be it enacted by the General Assembly of Virginia:
1. The General Assembly declares and establishes it to be the policy
of the Commonwealth that no public school shall be operated whenever
any military forces or personnel are employed or used upon the order or
direction of any Federal authority for the purpose of policing its opera-
tion, or to prevent acts of violence or alleged acts of violence. The opera-
tion and supervision of the public schools is a right inherent in and sub-
ject only to the laws of the Commonwealth, and her sovereignty and
dignity in this respect shall not be abrogated.
2. Whenever, except upon application of the General Assembly of
Virginia or the Governor, made under the provisions of Article IV, Sec-
tion 4, of the Constitution of the United States, any military forces or
other personnel pursuant to the order or direction of any Federal authority
enter upon the premises of any public school, or in the vicinity thereof, for
the purpose of policing its operation, or to prevent acts of violence or
alleged acts of violence, the school shall thereupon automatically be closed
and its operation suspended.
38. Upon the closing of any public school pursuant to this Act, the
Governor shall assume all control and exercise all authority with respect
to such school, its operating personnel and pupils, including the powers
vested in the Governor under the provisions of Sections 22-188.8, 22-188.9
and 22-188.10 of the Code. The duly constituted authorities of the locality
formerly having control of such closed school are vested with those powers
granted such authorities by Section 22-188.9, and other applicable sections
of the Code, in so far as payment of tuition grants are concerned. During
the period of time a school is closed under this Act, the provisions of Sec-
tion 22-188.14 of the Code shall be applicable to teachers and other per-
sonnel affected thereby.
4. During the period of time any public school is closed pursuant to this
Act, the powers and duties of the local school board, the division superin-
tendent, the Superintendent of Public Instruction, the State Board of
Education and the Pupil Placement Board, as the same are prescribed by
statute, with respect to the control and operation of such school shall be
suspended and divested, and all such powers, during such period of time,
shall be vested in and exercised by the Governor. Nothing herein con-
tained shall be construed as impairing the power of the local school board
with respect to the sale or exchange of property as provided by Section
22-161 of the Code.
5. Whenever it is made to appear to the Governor that any public school
which has been closed under the provisions of this Act can be reopened
and operated without the existence of any of the conditions contained in
Section 2 of this Act, the Governor shall, by executive order, restore the
powers divested under Section 4 of this Act and return the operation, con-
trol and maintenance of such school to the local school board of the
political subdivision in which it is located.
6. An emergency exists, and this Act shall be in force from its passage.