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


ID on whether to call o Constitu-
ltional Convention, is the direct
result Of the November Z de-
lcision.
The court held that q practice
lof some IS years-State pay
ments to war orphans for their
Education in private schools
violates Section 14l Of the Vir-
lginia Constitution. This section
begins:
mo appropriation Of public
funds shall be made TO any
school or institution Of learning
not 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
to the schools. the effect was
that the payments reflected to
the benefit Of the private institu-
ltions.
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.
81 should like to emphasize. -
Senator Gray said, that this
first step is the most important
one In the whole program which
1.-THE commission recommended I.
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 on
these factors but 1t does pro-
lhibit the assignment Of white
and Negro children to the same
school.
In the light Of the Supreme
Court decision banning public
school segregation on account Of
race, this prohibition In the
State law would be repealed.
Factors for Assignment
| Factors for assignment that
would be written into a 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 legisiatiye procedure
after the General Assembly con-
Ivenes January IL. The second
phase, the commission says. Ia
contingent upon the voters APP
lprpval Of the first phase.
There are other steps planned
for the forthcoming Legislative
session to implement the Gray
plan but commission members
Isay these first two steps are
Essential II two basic objectives
lare to be carried out:
To preserve State aid to edu-
cation. even in localities that
might decide through local &C
ltion to abandon their public
school systems.
To give any parent the right
Ito refuse to send his child to ar
Iintegrated school.
Court Ruling Analysed
Basis for these detectives has
been traced by commission mem.
Ibers to the words Of Fedora
Judge John j. Parker. On July
lis he was one of three Judge,
WHO handed the Supreme Courts
mandate to Clarendon County
ID. c. That county, like Prince
Edward County, Va, was ont
LOT the i've involved in the Su.
lpreme Courts May II. 1854. de.
Icision.
Judge Parker stated: ut 1.
important that we point out
EXACTLY what the Supreme Courl
has decided and what it has moi
decided In this case.
ut has not decided that tn,
Federal courts are to take owe
lor regulate the public schools o.
the States. It has not decided
that the States must mix per.
Isons Of different races In tn,
schools or must require them Il
ATTEND schools or must deprive
them Of the right Of choosing
the schools they attend.
what 1t has decided, and al
that 1t has decided, Is that I
State may not deny any person
on account Of race the right IL
ATTEND any school that it main.
itains.
Nothing In the Constitution
or In the decision Of the Su'
lpreme Court takes away from
the people freedom to choos'
the schools they attend"
12-Point Program
Besides the constitutions
amendment, the commission
has recommended a 12-poin
program. which includes the as.
signment plan.
Assignments would be basel
upon the welfare Of the particu'
lar child as well as the welfar,
and best interests Of all othel
pupils attending a particular
school," the Gray report states.
ANY parent who might objec
Ito the assignment of his chilt
to a particular school, coult
apply to the local school boart
for reassignment within is days
The board would have IS days IL
which to hold a hearing to de-
termine the assignment. Appeal
could be carried to the Stat
Supreme Court.
The commissions second rec
onmendation Is listed withou
further discussion in the re-
port. It says plainly:
THAT no child be required II
ATTEND an integrated school"
The law would be made NOR
lclear that no local school boars
be required TO furnish trans