CHAPTER 58

An Act to require the inclusion in school budgets of amounts sufficient for
the payment of grants for educational purposes; to provide for local
governing bodies raising money for educational purposes and making
appropriations therefor; to provide for the expenditure of such funds
for payment of such grants and transportation costs under certain
circumstances; to empower the State Board of Education to make
rules and regulations and pay such grants; to provide for the with-
holding of certain funds and the use thereof; and to provide penalties
for the violation of this act. CH 4)

Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:

1. § 1. The division superintendent of schools of every county, city, or
town if the same be a separate school district approved for operation,
wherein public schools are operated shall include in his estimate of the
school budget required by law, the amount of money needed for the pay-
ment of grants for the furtherance of the elementary or secondary edu-
cation, as the case may be, of the children of such county, city or town,
in nonsectarian private schools.

§ 2. The boards of supervisors of the several counties and the coun-
cils of the several cities and towns, if the same be separate school districts
approved for operation, shall include in the school levy or cash appropria-
tion provided by law the amount necessary to meet the estimates required
by § 1 hereof, notwithstanding the provisions of §§ 22-126 and 22-127
of the Code of Virginia. Such boards of supervisors and councils are
hereby authorized to make a cash appropriation for the payment of grants
under this act even though a school budget is not before them for con-
sideration.

§ 3. The educational funds so raised and other available funds shall
be expended by the local school board in payment of grants for the further-
ance of the elementary or secondary education, as the case may be, of the
children of such county, city or town in nonsectarian private schools; such
payments shall be made to parents, guardians or other persons having
custody of children who have been assigned to or are in attendance at
public schools wherein both white and colored children are enrolled; pro-
vided, the parents, guardians or other persons having custody of such
children shall make affidavit to the local school board that they object to
the assignment of such children to or their attendance at any school wherein
both white and colored children are enrolled. No mandamus to compel
payment of a grant under this section shall lie as to any child who has been
assignee or reassigned to a school wherein only members of his race are
enrolled.

§ 4. The total amount of each such grant shall be the amount
necessary to be expended by the parent, guardian or other person having
custody of the child, in payment of the cost of his attendance at a non-
sectarian private school for the current school year; provided, however,
that such annual grant, together with any tuition grant received from the
State, shall not exceed the total cost of operation per pupil in average
daily attendance in the public schools for the locality making such grant
as determined for the preceding school year by the Superintendent of
Public Instruction.

§ 5. Any school board providing transportation to pupils attending
its public schools shall supply like transportation for those pupils quali-
fying for grants under this act; provided that any such school board may
in lieu of providing such transportation provide such pupils with a trans-
portation grant equal to the per pupil cost of transportation in such
school district for the preceding year.

§ 6. Payments for grants under the provisions of this act shall be
considered in the distribution of State funds allocated and apportioned for
such purposes as though such expenditures were made by the locality for
operation and maintenance of the public schools.

§ 7. Local school boards are hereby authorized to promulgate such
rules and regulations not inconsistent with those of the State Board of
Education as may be deemed necessary to carry out the purpose of this
act. Such rules and regulations may provide for the cancellation or revo-
cation of any grant which the board finds was not obtained in good faith;
provided, that the action of the board in cancelling or revoking any such
grant shall be subject to review by bill of complaint against the school
board to the circuit or corporation court having equity jurisdiction.

§ 8. It shall be unlawful for any person to obtain, seek to obtain,
expend, or seek to expend, any grant for any purpose other than the edu-
cation or transportation of the child for which such grant is sought or
obtained. Violation hereof shall, except for offenses punishable under
§ 18-237 of the Code, constitute a misdemeanor and be punished as pro-
vided by law.

9. When the school budget has been prepared in accordance with
§ 1 hereof and the levy laid or appropriation made as set forth in § 2
hereof neither the school board nor the governing body shall have power
to cancel, or transfer and use for any other purpose, the funds available
for grants; provided, however, that if by the end of the eleventh month
of the school year any such funds are unobligated they may be expended
for any other object set forth in the school budget.

§ 10. For so long as such failure or refusal under § 8 hereof shall
continue, the State Board of Education shall authorize and direct the
Superintendent of Public Instruction, under rules and regulations of the
State Board of Education, to provide for the payment of grants on behalf
of such county, city or town out of funds to which such county, city or town
would otherwise be entitled for the maintenance of its public school system
in such county, city or town. In such event the Superintendent of Public
Instruction shall at the end of each month file with the State Comptroller
and with the school board and the governing body of such county, city or
town a statement showing all disbursements and expenditures so made for
and on behalf of such county, city or town, and the Comptroller shall from
time to time as such funds become available deduct from other State funds
appropriated by the State, in excess of the requirements of the Constitu-
tion of Virginia, for distribution to such county, city or town, such amount
or amounts as shall be required to reimburse the State for expenditures
incurred under the provisions of this act. All such funds so deducted and
transferred are hereby appropriated for the purposes set forth in this act
and shall be expended and disbursed as provided in this act; provided, that
in no event shall any funds to which such county, city or town may be
entitled under the provisions of Title 63 of the Code be withheld from such
county, city or town under the provisions of this act.