The Farmville herald. (Farmville, Va.) 1957-current, 1963-03-29

Third. what are the rights OF
the parents of children who re
side in Prince Edward County?
Judge Knowles said here that
This court unable to find
any prohibition. restriction OF
condition which would prevent
the payment of state and local
scholarship grants to or for the
benefit OF any eligible Child
1t is clear that the intent and
plain language of the law
is TO provide means for the edu-
cation of each eligible child.
The General Assembly, in
the exercise Of its discretion
has given due regard TO the
fact that public schools in a To-
cality might be closed and has
made provision for the continu-
ed education of the children of
the Commonwealth in the event
such a contingency occurs. In
so doing the principle of local
option as to the operation Of
public schools within & county
was again recognized 7"
Fourth Point
The fourth major point listed
by the opinion is as follows ::
Has any right secured to any
resident Of Prince Edward Coun-
ty by the Constitution of t h e
United States been violated?"
The Circuit Court opinion
states: The Court is aware Of
no federal statute requiring a
State to provide public fire e
schooling for its citizens. nor is
the Court aware of any provision
of the Fourteenth Amendment
which requires d State either to
operate public free schools or to
provide State Scholarship grants
or any other form of free pub
he education. On the contrary.
whether free public education
shall be provided is strictly a
matter for State determination.
Home Rule
This Court has determined
above that III this case the ac-
tons. on the one hand, and the
inability to act. on the other. Of
the plaintiffs, County 81 h 90
Board of Prince Edward County
and the Division Superintendent
OF schools of Prince Edward
County, and of the defendants,
State Board of Education and
Superintendent of Public Instruc-
ton, do not violate either the
Constitution or the statutes of
Virginia. and that the system of
public free schooling establish
ed by the General Assembly is
predlcated upon the theory of
home rule or local option. In
other words, territorial umifor1ni-
~. is not a constitutional re-
qmslte. This is by no means a
new feature in Virginia govern
ment, nor is it unique when that
principle is applied to bile
education.
No Evasion
The decision adds further:
:. The public free school
system of Virginia and her CO.
ordinate provision for State and
local scholarship grants are not
deemed by this Court to con
stltute a scheme for the evasion
of the decision of the Unite d
States Supreme Court in TIL e
Brown vs.. Board of Education
Her the State Of Virginia
adoption of the local option con-
cept long antedates that de
cision. Further, in many local.
ties other than Prince Edward
County that decision is being
carried out by the local school
authorities and by the local
governing bodies. That tn es
other localities have SO chosen
to act does not make the in
action of the local governing
body Of Prince Edward County
invalid, nor is the converse true.
In sum, the Court is of the
opinion that none of the actions
OF the plaintiffs. county school
board Of Prince Edward Coun-
ty and division superintendent of
schools and of the defendants.
State board of education and
superintendent Of public instruc-
ton, under the facts and cir
cumstances Of this case. in con-
nectlon with the incorporation
OF public schools in Prince Ed
ward County, have the effect of
violating any rights of the de-
PENDANTS, Leslie Francis Griffin.
ST., and Leslie Francis Griffin,
Jr., James L. Carter and Betty
Jean Carter. and Warren A.
Reid and Jacquelyn Reid, under
the Constitution and laws of Vir
glnla or under the Constitution of
the United States, although pub
lie free schools are in operation
IN other localities in the Com
monWealth and. therefore. the
failure to operate and maintain
s'.ch schools in Prince Edward
County is not violative of any
ri g b I secured to the six in
dividual defendants next above
named"
Judge Knowles set a tentative
date of Wednesday, April 10. to
meet with counsel to finalize the
decision.