An abridgment of the Virginia laws concerning education

Introduction

The Constitution of Virginia makes mandatory the establishment and maintenance by the General Assembly of an efficient system of public free schools throughout the State; empowers that body to establish agricultural, normal, manual training, and technical schools, and such graded schools as may be for the public good, and provides for the government of State institutions of learning. Const., §§ 129-142.

The General Assembly of Virginia, by Chapters 66-73 of the Code, as supplemented and amended by other sections, and by subsequent Acts, has provided for a system of public free schools, for the continuance of various State institutions of learning, the establishment and maintenance of other institutions and agencies educational in their character, and has made provision for their organization and administration, and — to some extent — for their support.

This abridgTiient treats of all constitutional and statutory provisions of the Virginia law concerning the educational interests of the State as laid do^ni in the latest amendments to the Constitution and the most recent enactments of the Genera! Assembly. These latest amendments are noted in every case in the Tables of Part IV, which show in numerical order all sections of the Constitution and Code and all Acts of the Assembly herein referred to. Xo extraneous matter has been incorporated.

Tlie references, except as otherwise plainly stated, are to Pollard's Code of 1904, the Supplement thereto of 1910, Pollard's Code Biennials of 1912 and 1914, and the Acts of Assembly, including Acts of Extra Session of 1915.

For members of the bar, school officials in high authority, and a few other people, the classified and annotated collections of the statute laws of the State known as '^Pollard's Codes" are readily available, but to the average citizen, unaccustomed to the use of so technical a work, they are for practical pui^oses inaccessible. For the careful student with time and inclination to study meanings out from the mass of imcodified material found in the Acts of Assemblv since the last revision of the

4 INTRODUCTION

State Code, the compilation of ^^Virginia School Laws" issued by the Department of Public Instruction affords a conveniently compact copy of the public school laws. For the mass of the people, however, who desire, as a basis for intelligent service, an accurate knowledge of the laws of the State concerning education, there has been no dependable source of information open for easy reference and ready comprehension.

To meet that need I have prepared this volume. I trust it will fulfil its mission of bringing within convenient reach a general knowledge of the provision made by the State for the education of her people, to the end that intelligent interest may quicken to wise action, directed toward the enforcement of existing good laws, the repeal of unwise ones, and the enactment of the additional statutes needed to equip Virginia for her rightful place in the forefront of the fight against illiteracy — the battle upon which the success of our Republic depends.

The book will serve as an authoritative and convenient reference digest for all persons who have occasion to take action under the school laws.

The Appendix gives in form less abridged, and frequently quotes entire. Regulations of the State Board of Education, rearranged (with apologies to the Department of Public Instruction) in an effort to collect them into a convenient synopsis.

There will also be found in the Appendix a list of the public school officials of the State, the Rules and Regulations of the State Board of Health Governing the Public Schools, and the provisions made by the Act of Congress of May 8, 1914, for extension work in agriculture and home economics.

In the preparation of the work I have been much indebted to Mr. R. Colston Blackford for the use of his valuable library, and to the Honorable R. C. Stearnes, Superintendent of Public Instruction, for his ready and courteous response to every request for official information from the Department of Public Instruction.

Anna L. Jones.

Lynchburg, Va., November, 1915.

PART I Organization and Administration of the Public Free School System

chapter page

I. Organization of the Public Free School System 9-28

II. Administration of the Public Free School System 29-62

PART II Institutions Educational in Character

III. State Institutions of Learning 65-74

IV. Administration of State Institutions of Learning 75-86

V. State Schools for the Defective, Deficient and Delinquent, and Laws for the Protection of Destitute or Orphaned Children 87-93

VI. Libraries 94-99

VII. Miscellaneous Provisions of the Law Concerning Education, and Educational Institutions and Agencies — State, Local, and Private 100-105

PART III Revenues and Property

VIII. Sources of State Revenues for the Establishment, Support, and Maintenance of the Public Free Schools and the State Revenues Appropriated in Aid of State Institutions Educational in Character 109-135

IX. Sources of Local Revenues for the Establishment, Support, and Maintenance of the Public Free Schools and Local Funds in Aid of Education 136-144

X. Funds for Education Derived from Glebe Lands and Church Property, and from Gifts, Grants, Devises, and Bequests ' 145-152

XL Real Estate and Personal Property Held for the Benefit of the Public Free School System and State Institutions Educational in Character 153-161

XII. Loans and Bonds Issues in Aid of the Public Free School

System and State Institutions of Learning 162-168

XIII. Administration of Revenues and Property Held in the Inter-

est of Public Education ^ 169-190

XIV. Costs of Administration of the Public Free School System

and State Institutions Educational in Character 191-190

6 TABLE OF CONTENTS

* PART IV

Tables table page

I. A Table Showing Consecutive List of Sections of Virginia Constitution of 1902 Concerning Education, as Amended to July 1, 1914 199-200

II. A Table Showing Consecutive List of Sections of Virginia Code of 1904 Concerning Education, with latest amendments thereto, made at Sessions of the General Assembly of 190C), 1908, 1910, 1912, 1914, or at Extra Session of 1915 201-213

III. A Table Showing Acts of Assembly Concerning Education of a General and Permanent Nature, not in Terms Amendatory of the Code, given chronologically as last amended, and as found in Supplement 1910 to Pollard's Code of 1904. in Pollard's Code Biennials of 1912. 1914, and in Acts of General Assembly from 1906, through Acts of Extra Session of 1915 214-220

Appendix

Public School Officials of Virginia 223-226

Regulations of State Board of Education 227-267

Rules and Regulations of State Board of Health 259-261

Act of Congress 1914, Providing for Agricultural and Home Economics Extension Work 267-270

Part I. ORGANIZATION AND ADMINISTRATION

OF

THE PUBLIC FREE SCHOOL SYSTEM

CHAPTER I OKGAmZATIO^T OF THE PUBLIC FREE SCHOOL SYSTEM

"The General Assembly shall establish and maintain an efl&cient system of public free schools throughout the State." Constitution, § 129.

"The General Assembly may establish agricultural, normal, manual training and technical schools, and such grades of schools as shall be for the public good." Const., § 137.

"An efficient system of public free schools shall be established and maintained in all the counties, towns, and cities of the State." Code, §§ 1427, 1522.

"The public free school system shall be administered by the following authorities, to-wit : A State Board of Education, a Superintendent of Public Instruction, division superintendents of schools, and district and county school boards." Code, § 1428.

THE PUBLIC FREE SCHOOLS ESTABLISHED IN VIRGINIA

Graded Schools

The State Board of Education has power to regulate the number of pupils required to form a public free school. Code, § 1495. .

In all localities where the number of children is sufficient, preference must be given, under suitable regulations, to the establishment of graded schools, but the number of schools in the State must be determined bv the amount of available funds ; and it is the duty of the State Board of Education to guard against such a multiplication of schools in proportion to funds as will in any way impair their efficiency. To this end, district schools boards are authorized to provide for the consolidation of schools and the transportation of pupils. Code, §§ 1433(7), 1502, 1503.

A joint pchool may, with the consent of the State Board of Education, bo established in two adjacent districts, in the same, or adjoining counties, for the use of both districts.

City Public School Systems

City school boards have the power and duty of establishing such schools as in their judgment may be necessary to the completeness and efficiency of their respective school systems (Code, § 1538(6) ), and cities and towns are empowered by § 141 of the Constitution to make appropriations to any schools or institutions of learning owned or exclusively controlled by therh. See also Code, § 1522.

High Schools

For the purpose of encouraging an intermediate grade of instruction between grammar school and college, any school board may, under regulations of the State Board of Education, establish and maintain schools of a higher grade ; or, in any public school provide for instruction in any branches necessarj^ to qualify pupils to teach in the public schools or to enter institutions of higher education, with the right to the school board to charge each pupil a fee of not exceeding $2.50 per month. But regular and efficient instruction in the elementary branches must not be thereby interfered with. Code, §§ 1498, 1499, 1538(6); Acts 1906, p. 350, Supplement 1910, p. 663. See Appendix, pp. 230-3-5.

The State Board of Education must be satisfied by report of a competent inspector, selected by it, that such schools conform to the standard it has fixed for public high schools in Virginia before any State funds may be appropriated for their support. AVhen satisfied with the standard of any such school, it is the duty of State Beard to make an annual appropriation of $250.00 toW'ard its support, upon receiving a certificate from the superintendent of schools for the division in which it is located that the district school board has appropriated at least that amount for its annual support, either from local school funds or from funds privately subscribed for the purpose ; and if any district board appropriates a larger amount, the State Board must make an equal increase in its appropriation, but nc^t to exc( ed $400.00 for any one high school in any one year. y,o State funds may bo used in a district for high school purposes until provision has been made to maintain its primary and grammar schools for at least five months.

Subject to the above limitations, it is made lawful by said Act of 1906 for anv district school board to establish and maintain a public high school, located for the best interests of the school, and the best con^'cnience of the pnpils who are to attend it, either in a suitable building provided for the purpose, or in some building with one of the graded schools.

Unless, in the judgment of the State Board of Education, the area and population of a district so justify, not more than one high school in any school district may have the benefit of State funds under said Act of 1906.

Two or more districts, in the same or adjoining counties, may unite in establishing and maintaining a joint high school, under rules and regulations prescribed by the State Board of Education ; the requirements for admission and the conditions upon which properly prepared pupils from other districts may attend, to be also prescribed by the State Board.

See Appendix, pp. 230-3-5.

Night Schools

In districts where day schools are conducted eight or more months each year, district school boards may, in their discretion, establish and conduct night schools to which pupils may be admitted regardless of age. But no such school may be established or conducted except with the consent of the State Board of Education, in cases where in its opinion the usefulness and efficiency of the day schools will not be impaired thereby, and under rules and regulations prescribed by It. Code, § 1494. See Appendix, p. 235.

Agricultural High Schools

In at least one public high school, selected by the State Board of Education, in each congressional district (as the districts were formed in January, 1912), there must be given, in addition to the academic course prescribed for such high schools, a thorough course in agriculture, the domestic arts and sciences, and manual training ; at least one-fourth of the school time to be devoted to these subjects.

Xot less than five acres of land convenient to each of such schools must be acquired by lease, purchase or donation, for the purpose of providing practical demonstrations in agricultural science ; the cultivation of the land, so far as possible, to be done by the students themselves. A careful account is required to be kept of the products of each student's labor^ showing how disposed of, and the prices received for what is sold; the proceeds to be used in accordance with general regulations adopted hy the district school board of the county wherein the school is located, subject to approval by the State Board of Education.

Suitable buildings must be provided and equipped for the purposes of such schools, including • w^orkshops planned for practical instruction in elementary manual training, in bench work, and in other forms of shop work applicable to rural life.

All female students attending such high schools must be instructed in the domestic arts and sciences, suitable equipment therefor to be provided by the district school boards out of the funds applicable to the maintenance and equipment of the school. The girls may also take the agricultural course, if they so desire.

These agricultural high schools may be used as centres for directing the demonstration farm work and other extension work throughout the bounds of the several congressional districts, conducted under such rules and regulations as the State Board of Education and the president of the V. P. I. may prescribe. Acts 1912, p. 56, Biennial 1912, p. 209.

Part-time, Continuation, or Evening Classes for Industrial Education

Any district school board may establish all-day, part-time or continuation or evening classes, giving industrial, agricultural, household arts or commercial education, and provide for their support in the same manner as for the regular schools of the district ; such education to be of less than college grade, designed to meet the vocational needs of persons over fourteen years of age, who are able to profit by the instruction. Acts 1914, p. 144, Biennial 1914, p. 402.

Normal Schools

City school boards have power to establish noiTnal schools. Code, § 1588(G).

The State Board of Education must designate not more than one high school in successful operation in a county in which a normal department may be established and conducted ; prescribe the normal course to be adopted and taught in connection with the high school curriculum already ]U'ovidod, and dc^- teiTriine the qualifications of the teachers to be employed. Or, in its discretion, the State Board may designate a school in an incorporated town or city of the county, provided no State normal school is located therein.

The object of such noiTnal departments is to instruct teachers in the best methods of organizing, teaching and managing primary schools in the rural districts, thus giving a convenient and economical means for providing the trained and capable teachers indispensable to an efficient school system.

The State Board of Education, in its discretion, may stipulate that any pupil receiving the benefit of such normal course of training shall obligate himself to teach not less than two years in the rural public schools of the State.

Summer Normal Schools For White Teachers —

Section 1481 of the Code provides for the establishment and maintenance of not less than eight State summer schools for the better equipment of the teachers in the public schools of the State, by familiarizing them with more advanced methods of teaching, and furnishing such additional academic training as will tend to promote the usefulness of the public schools.

These schools are required to be held for a period of not less than four weeks in each year, during the summer vacation, under the general management of the State Board of Education, and are supervised by the superintendent of public instruction, who determines the dates of beginning, the places at which held, 'the courses of instruction, and the instructors.

N^o Virginia teacher may be charged tuition in these summer normal schools ; and no officer or teacher in the public school system, or in any of the State institutions of learning, employed by the calendar year, may be paid as an officer or instructor in the summer school and for the same period as a teacher or officer in the public school system, or in a State institution ; but he has the right to choose for which service he will accept payment. Act Appropriating: the Public Revenues, 1914, p. 328.*^

For Colored Teachers —

Sub-sections 15-18, inclusive, of § 1613 of the Code provide for the conduct every year of a summer normal school by the

14 VIRGINIA LAWS CONCEEXIXG EDUCATION

president, professors and teachers of the Virginia Xormal and Industrial Institute, for the benefit of the colored teachers of the public schools of the State and those colored persons who expect to become teachers.

This school opens upon a date designated bv the board of visitors of said institute, not later than July 1st, in each year, and continues four weeks, giving instruction in such branches as relate to the academic and professional improvement of teachers.

The teachers in attendance are privileged to occupy the institute buildings, and to be furnished with the same accommodations as to board and lodging as the regular students ; the charge for board and lodging to each teacher not to exceed $2.00 a week. They are subject, while students in this summer school, to such rules and regulations as to government and discipline as the board of visitors of the said institute may approve.

•The regular employees of the institute are required to perform such sen'ices during the summer terai as the institute authorities may require ; the annual salary allowed to the president, professors, teachers and other employees covers the time they are on duty in the summer school work. The board of visitors may employ other competent and skilled instructors to assist the regular faculty. Code, § 1613(16).

The president of the institute, with the approval of the board of visitors, may issue circulars or adopt such other means as may be deemed expedient for giving due notice of the time when the summer nonnal will beo'in, and the courses of instruction to be given.

The teachers attending must be given such certificates of merit as the authorities of the institute may prescribe.

l^othing in the above provisions for a summer normal may be construed as affecting the authority of the superintendent of public instruction to use any funds at his disposal for promoting and encouraging a system of normal instruction among the colored teachers in other parts of the State. Code, § 1633.

Courses of Study for Common and High Schools —

In these common and high schools there must be taught orthography, reading, writing, arithmetic, grammar, geography, history of the United States and of Virginia, physiology and hygiene, drawing and civil government. In teaching ]")hvsiology and hygiene, n])proved text books must be used, ]^lainly showing the effects of alcohol and other narcotics on the human system, and such effects shall be as fully and thoroughly taught as are other branches of said subjects. Provision must also be made, throughout the entire course, for moral education, through instruction imparted by reading books and studying text books selected by the State Board of Education, inculcating the virtues of a pure heart and noble life. Code, § 1497. (See pp. 26, 32, post.) Appendix, p. 235.

It is the duty of every teacher, under information prepared, published, and distributed by the superintendent of public instruction, to devote not less than thirty minutes in each month of the school session to instructing pupils in ways and means of preventing accidents. Acts of 1914, p. 212, Biennial 1914, p. 415. (See pp. 25, 35, post.)

Ag^riculture, Domestic Science and Art, Manual Training, and Commercial Education —

The State Board of Education is authorized and directed to investigate conditions and assist in the introduction of industrial, agricultural, household arts and commercial education, and to aid local school authorities to initiate and superintend the establishment and maintenance of schools and departments of schools, or other agencies, for such forms of education. Acts 1914, p. 144, Biennial 1914, p. 402.

Public Free School Libraries (See p. 98)

DISTRIBUTION, USE, AND MANAGEMENT OF THE PUBLIC

FREE SCHOOLS

Distribution of Schools by Districts School Districts in Counties —

Each magisterial district constitutes a separate school district, unless the State Board of Education provides for redistricting a countv where the interests of the schools require it. Code, § 1469.'

The scliool districts in each countv must be ffiven numbers or names, and a record made thereof, and of their boundaries, in the office of the clerk of the circuit court, and a report of these facts filed in the office of the superintendent of public instruction. Code, § 1467, pp. 31, 36.

Section 111 of the Constitution of 1902 provided that the magisterial districts should remain as then constituted until changed by law, and that thereafter no additional districts might be made containing less than thirty square miles. See Code, §§ 803, 804.

School Districts in Cities and Towns —

City school boards have power, subject to approval by the city council, to prescribe the number and boundaries of school districts ; but until such provision is made, in every city divided into wards, each ward is a school district, its number and boundaries to be reported for record by the superintendent of public instruction, and by the clerk of the court having jurisdiction. Every city or town which is not divided into wards constitutes a single school district. Code, § 1524.

A city declared to be of the second class constitutes one separate school district in the county in which located. Acts 1908, p. 3, Supplement 1910, p. 718. See p. 40, post.

A town of more than five hundred inhabitants may, at the discretion of its council, be constituted a single school districts Code, § 1469. See p. 40, post.

First- and Second-Class Cities and Towns Defined —

Section 116 of the Constitution provides that the words '^incorporated communities" shall be construed to relate only to cities and towns, and that all incorporated communities having within defined boundaries a population of ^ve thousand or more shall be known as cities, and those with less than five thousand shall be known as towns; excepting only such incorporated communities of less than five thousand inhabitants as were chartered as cities at the time of the adoption of the Constitution of 1902. Code, §§ 1013a, 1013b.

Cities having a population of ten thousand or more are known as cities of the first class, and those with more than five thousand and less than ten thousand are known as cities of the second class. See Acts 1906, pp. 21, 230, and Acts 1908, p. 3, Supplement 1910, p]). 544, 644, 713.

School Laws Applicable Alike to Cities, Towns, and Counties — Exceptions —

The provisions of Chapter 66 of the Code, concerning education, (uibracino' §§ 1427-1521, inclusive, are applicable to the

ORGAiSriZATIOX OF PUBLIC SCHOOLS 17

cities and towns in like manner as to the counties of the State, except as provided in Chapter 67, embracing §§ 1522-1538, inclusive. Code, § 1522.

School Population School Age —

The public free schools of Virginia are free to all persons between the ages of seven and twenty years residing within the school district. Code, § 1492.

Any child six years of age who in the opinion of the teacher or division superintendent has reached such a stage of maturity as to render it advisable to permit him to enter school must also be admitted. Acts 1914, p. 141, Biennial 1914, p. 402.

At the discretion of the district school board, under regulations prescribed by the State Board of Education, pupils between the ages of twenty and twenty-five may likewise be admitted upon the prepayment of tuition fees, and to the night schools pupils may be admitted regardless of age ; provided in either case that their admission will not in the opinion of the district board impair the usefulness and efficiency of the school. Code, § 1494. See Appendix, p. 235.

White and Colored Schools —

AA'hite and colored children must be taught in separate schools (Const., § 140) imder the same general regulations as to management, usefulness and efficiency. Code, § 1492.

One-sixteenth colored blood makes a negro, and one-fourth Indian blood an Indian. Code, § 49.

School Census —

The school population in each district is ascertained by a school census taken every five years. The last school census in Virginia was taken in April and May of 1915. Section 1402 of the Code provides that every five years the clerk of each district school board shall, in person or by deputies approved by the division superintendent, take a census of all ]iorsons between the ages of seven and twenty years residing within the school district, and gather statistics relating to the interests of education therein, according to forms furnished by the superintendent of public instruction. These lists, promptly and carefullv revised by the district school board, and delivered to the division superintendent, are open to inspection by any citizen^ and, until the next census is taken, form the basis of apportionment of the State school funds. In the counties, the census returns are laid before the county school board at its annual meeting in August before they are delivered to the division superintendent. See also Acts 1910, p. 208, Supplement 1910, p. 882.

Census of Deaf and Blind. — At the same time, the clerk is required to take a separate census of the deaf and blind persons residing in the district, between seven and twenty years of age, giving age, sex, and residence of each, for transmission by the division superintendent to the superintendent of the School for Deaf and Blind. Code, § 1463. See pp. 38, 43, post.

Census ivJien Distinct Boundaries changed. — When boundaries of districts are changed, a census must be taken of the children in the territory concerned, showing which of those on the preceding census books have been transferred, and the records of the district amended accordingly, as a new basis for the apportionment of the State school funds. Code, § 1463a.

Census returns for districts situated in more than one county must show in which county each child resides. Act 1910, p. 208, Supplement 1910, p. '882.^

Distribution of Pupils by Districts —

Section 1492 of the Code provides that the public free schools shall be free to all persons between the ages of seven and twenty years residing within the school district ; "provided, that whenever a school is so situated in one district that it is, with the approval of the division superintendent, attended by children of another district, the board of the district other than that in Avhich the school is located shall, in the absence of agreement or when no agreement can be reached, pay for each child to the district in which the school is located the cost of education per pupil enrolled, to be determined by the division superintendent of schools, with right of appeal by any person interested, or either of the district school boards, either with reference to the propriety of the said attendance by children of another district or the cost of education as aforesaid, within ninety days ; the said appeal to be made in writing to the school trustee electoral board of the county in which the school is located; and the State Board of Education shall have power and it shall be its duty to make regulations whereby the children of one district may attend school in an adjoining district, out of the county or an adjoining city ; provided that white and colored persons shall not be taught in the same school, but shall be taught in separate schools, under the same general regulations as to management, usefulness and efficiency."

Code, § 1493. '^The preceding section is subject to the following qualifications :

"First. Any person domiciled in this State' who is a resident of any school district of the State may send his children to any public free school in any other school district of the State upon such terms and conditions as may be prescribed by the school board of the said last mentioned school district, and any guardian domiciled in this State as aforesaid, for his ward or wards, shall be entitled to the same privilege for them if they are domiciled in Virginia, which said terms and conditions shall be complied with by the school district in which said parent or guardian resides ; provided that the said school district in which said parent or guardian resides shall have the right of appeal to the school trustee electoral board of the county in which the said district is situated, which said school trustee electoral board shall decide finally what are just and proper terms and conditions in each case; and, provided further, that children whose parents or guardians do not reside in a city shall be received into the public schools of such city only upon such terms and conditions as may be prescribed by the school board thereof; subject to an appeal to the State Board of Education, but the provisions of this act shall not apply to indigent children, and children living with and entirely supported by residents of said district shall be admitted to the public free schools of said district as if they were children of said residents.

"Second. The school board of any district bordering on another State which grants the same privilege to the State of Virginia, may, in its discretion, admit into its schools, free of tuition, persons of school age residing beyond the limits of this State, but near thereto, if their parent or guardian pay taxes in the said district.