Evening star., 1949-12-15
Legality Issue
Raised in Byrd
School Plan
Virginia Constitution
May Bur Proposal
On County Setup

CONSTITUTIONAL QueSLlOuS are
being raised in Virginia on a
proposal by State Senator Harry
F. Byrd, jr., of Winchester. for a
major revision in the administra-
ton of the public school system.
Mr.. Byrd announced this week
that he will introduce legislation
next month at the General AS
sembly to abolish county School
Boards and give their powers to
the county Boards of Supervisors.
The purpose, he said, is to give
citizens a greater voice in oper-
ating their schools. Mr.. Byrd
pointed out that his plan would
place responsibility on elective
officials responsive to the public
will Under existing law. he said.
School Boards are far removed
from public control because OF a
complicated series OF appoint
ments.
Constitution Cited.
Some students Of government
and Of Virginia law-are citing
Section 1873 Of the State Consti-
tuition as a possible bar to the
Byrd proposal, at least In its
present form.
This section provides that '"the
supervision Of schools in each
county and city shall be vested IN
a School Board, to be composed
of trustees to be selected In q
manner, for the term, and to the
number provided by law
The question may hinge on an
Interpretation Of this section. Does
the constitution require a School
Board distinct and separate from
a Board of Supervisors or could
the supervisors serve simulta-
neously as school trustees?
State Senator Charles r. Fen
wick of Arlington, although in
dorsing the objectives OF his VIM
chester colleague. is Of the opin-
ion that the constitution contem-
plates separate boards.
Separate Board Needed.
"The constitution clearly con-
templates separate board for
the administration of schools" the
lawyer legislator stated. The
many and varied problems which
are presented by the schools to-
day would indicate need for a
separate board to administer the
school problems"
Mr.. Fenwick leaned to the re-
tention of school boards but hav-
ing them appointed by the boards
of supervisors. In this way. he
said, the school administration
would be brought closer to the
people and responsibility for sue
cess or failure OF school programs
could be fixed.
At present, In most Virginia
counties, school boards are Sc
lected by school trustee electoral
boards" The latter are ap-
pointees of circuit courts, whose
judges have been chosen by the
Legislature.
AS Mr.. Byrd pointed out, city
school boards are directly respon-
sible to their governing bodies.
These boards are appointed by
city councils-in the manner MI,
Fenwick now proposes for the
counties.
Plan Has Backing.
Mr.. Fenwick emphasized that
his proposal would not disturb the
procedure In Arlington or in Albe-
marie and Henrico Counties,
which operate under county man.
ager' systems.
The Arlington School Board is
elected.
The Byrd school plan has
picked up some Endorsements in
several parts of Virginia but most
educators have withheld COM
ment. Among those already ap-
proving the plan are Democratic
Delegate Samuel w. Swanson OF
Pittsylvania County. and Repub-
ncan Delegate Bentley Hite OF
Montgomery County.
Arlington's Delegate George
Damn said the Byrd plan has
merit for consideration, but that
he is not prepared to comment
In detail. His Democratic asso-
ciate in the House Of Delegates.
]. MAYNARD Magruder, said he
would make no comment because
q commission Of which he Is a
member is about to issue a re-
port with references to school
legislation. This group Is the
Commission to Study Revenues
and Expenditures OF the State
and Localities.