Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-12-16

ID on whether 70 call q C0nStltu-
Itionai Convention, is the direct
result Of the November Z de-
Icision.
The court held that q practice
|of some IS yearsState pay
Iments to war orphans for their
education in private schools
violates Section 141 Of the Vir-
lginia Constitution. This section
begins:
mo appropriation Of public
funds shall be made to any
school or institution Of learning
now owned or exclusively con-
Itrolled by the State or some
political subdivision thereof :"
Reasoning Of Court
The court said it made no diff
ference whether the tuition was
made directly to the orphans or
Ito the schools, the effect was
that the payments reflected to
the benefit Of the private institu-
Itions.
State Senator Garland Gray.
chairman Of the Commission on
Public Education. appealed to
the General Assembly recently
to authorize the referendum to
an amendment of Section l41.
II should like to emphasize. .
Senator Gray said, that this
first step is the most important
one in the whole program which
the commission recommended
despite the handicaps implicit
lin the decision Of the Omitted
States) Supreme Court"
The second most important
phase Of the Gray Commission
Iplan would spell out criteria by
which local school boards could
assign children to particular
schools. The law Is silent or
these factors but it does pro-
lhibit the assignment of white
land Negro children to the same
school. ~
| In the light Of the Supreme
Court decision banning public
-ischool segregation on account o.
!. race. this prohibition in tn.
; State law would be repealed.
4 Factors for Assignment
Factors for assignment thai
would be written into q new Law
would include availability OF
facilities. health, aptitude Of the
student and availability Of trans
Iportation.
This second phase Of the plan
would be carried out through
normal legislative procedure
latter the General Assembly con-
'Ivenes January IL. The second
phase, the commission says, Il
contingent upon the voters APP
lproval Of the first phase.
There are other steps planned
flor the forthcoming legislative
session to implement the Gray
lplan but commission members
lsay these first two steps are
Essential II two basic detectives
Iare to be carried out:
To preserve State aid to edu-
cation. even in localities that
might decide through local ac-
tion to abandon their public
school systems.
To give any parent the right
to refuse to send his child to an
integrated school.
Court Ruling Analysed
Basis for these detectives has
been traced by commission menu
bers to the words of Federal
Judge John j. Parker. On July
is he was one Of three judges
who handed the Supreme Courts
mandate to Clarendon County,
Is. C. That county. like Prince
Edward County. Va, was one
of the five involved in the SUI
lpreme Courts May II, 1854, de-
cision.
Judge Parker stated: "It is
important that we point out
exactly what the Supreme Court
has decided and what 1t has not
decided in this case.
"It has not decided that the
Federal courts are to take over
or regulate the public schools Of
the States. It has not decided
that the States must mix per-
sons Of different races in the
schools or must require them to
attend schools or must deprive
them Of the right Of choosing
THE schools they attend.
What 1t has decided, and all
that 1t has decided, is that a
State may not deny any person
on account Of race the right to
attend any school that it main
tains.
Nothing in the Constitution
or in the decision Of the Su.
Ipreme Court takes away from
the people freedom to choose
1.-The schools thew attand.0
12-Point Program
Besides the constitutional
amendment, the commission
has recommended q l2-point
program. which includes the as
signment plan.
Assignments would be based
upon the welfare of the particu-
lar child as well as the welfare
and best interests of all other
pupils attending q particular
school," the Gray report states.
Any parent who might object
to the assignment Of his child
to q particular school. could
apply to the local school board
for reassignment within IS days.
The board would have As days IN
which to hold q hearing to de-
termine the assignment. Appeals
p .