Evening star., 1956-08-31
Stanley Supporters
Plan New Measure
Aimed at Tukinq
Legal Heat
Off Local Boards

pupil placement and appeal bill
aimed at giving localities directly
affected by Federal school de-
segregation orders some legal
weapon with which to fend of
integration is being prepared for
introduction in the Virginia
Legislature Tuesday.
The special session of the
General Assembly convened by
Gov. Thomas B. Stanley to con-
slider school segregation prob
lens is in recess over the long
Labor Day week end. Public
hearings are scheduled Tuesday
afternoon on school legislation
introduced at the session.
Gov. Stanley's attitude was re-
ported sympathetic" to the
placement-appeal plan when it
was outlined to him yesterday
at 3-hour conference attended
by Representative Howard w.
Smith, Democrat, of Virginia's
9th district and a group of
legislators. Among those on hand
were House Speaker E. Black
burn Moore Of Berryville and
Senator Garland Gray of Wav-
Ierly, chairman of Gov. Stanley's
Commission on Public Education.
The primary aim of the latest
bill, whipped up by supporters
of Gov. Stanley's proposal to
withhold State funds from
schools that integrate, is to take
some legal heat of local school
boards. Another consideration
apparently is that such a bill,
as a supplement to the fund
withholding plan, might convert
some foes of the Stanley pro-
Iposal into supporters of it.
Situation Explained
Roughly the situation appeared
to be this:
If the Governors no-integra-
ton program passes without ad-
ditional legislation such as one
of the proposed pupil assign
ment plans or the placement
appeal supplement, there would
be no legally prescribed State
channel through which pupil
placement decisions made by
local school boards could be
appealed.
Such boards now have the
I power Of assignment. But State
ilaw does not establish any State
course of administrative remedy
for, as an example, parents Of
a Negro child denied place.
ment in white school. Con-
sequently. the parents can 60
directly to the Federal courts
with lawsuits against a school
board.
The new bill would provide
avenues of appeal within the
State. Federal courts have held
they could not properly take
jurisdiction in such school place.
ment cases before all avenues of
appeal to State courts have been
exhausted.
Such an appeal presumably
would go from the school board
to the Circuit Court, to the Vir-
ginia Supreme Court before
meeting a Federal test.
Then if a Negro child were
ordered admitted to a white
school, the fund withholding plan
would be invoked. The locality
concerned would lose State school
funds. possibly resulting in the
closing of the public schools.
Stanley Favorable
While Gov. Stanley's position
on the placement-appeal bill was
reported favorable, it is not ex-
pected he'll formally request pas
sage of such legislation.
An attorney close to the Leg
islature said it possibly could
be argued the placement-appeal
plan and the withholding plan
were incompatible. That is, he
said. opponents might contend
they could hope for no legal
relief under the appeals since
the end result Of this approach
would lead only to the use Of
the fund withholding plan and
probable closing Of schools.
1t was indicated Delegates
James Thomson Of Alexandria.
Stuart Wheatley Of Danville and
Nv. Roy Smith of Petersburg, who
were in on the conference yes
Iterday, and probably Mr.. Moore
also. would sponsor the place.
ment-appeal legislation TO go
along with the fund Withholding
plan.
Representative Smith, dean of
the States congressional delega-
tion, was reported by Gov. STAN
ley's office to have been in on the
conference primarily because he
had made a careful study OF
similar plans.
School Administrator