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Title
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EWP 1.4.2 Yr 1955 Gray Comn 11003
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Place
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Virginia
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Identifier
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1000483
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Is Version Of
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1000483_EWP_Gray_Comn_1955_Dec_11003.jpg
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Is Part Of
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Uncategorized
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Date Created
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2024-01-07
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Format
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Jpeg Image
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Number
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7dd901ccd3eb256f77bbf51d62ab3d6a83ccb17441e10087604b26e738cf5ea1
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Source
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/Volumes/T7 Shield/EWP/Elements/EWP_Files/Access Files/Upload temp/1000483_EWP_Gray_Comn_1955_Dec_11003.jpg
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Publisher
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Digitized by Edwin Washingon Project
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Rights
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Loudoun County Public Schools
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Language
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English
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Replaces
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/Volumes/T7 Shield/EWP/Elements/EWP_Files/source/Ingest One/1 Civil Rights/integration_folder/Constitutional_Convention/EWP_Gray_Comn_1955_Dec_11003.jpg
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extracted text
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12, Q.
A.
12a. Q.
A.
13, Q.
A,
. Q.
A.
15. Q.
A.
-3-
Why are thesé grants limited to non-sectarian schools?
The Supreme Court of Virginia, ih its decision of November 7, 1955, in
the case of Almond v. Day held that such educational grants to sectarian
schools violates Sections 16, 58 and 67 of the Virginia Constitution as
. well as the First Amendment of the Federal Constitution. Even if we
amended the Virginia Constitution, the Federal Constitution would pro-
hibit such paymentse. ‘
What is a sectarian scfiool?
The Virginia Constitution in several places--Sections 16, 58 and 67, pro-
hibits the use of public funds, directly or indirectly, in, to or for any
church, or sectarian society, association, or institution of any kind
whatever, which is entirely or partly, directly or indirectly, controlled
by any church or sectarian society. ~
What is to prevent a sectarian school from setting up a non-sectarian
board of directors and, thereby, becoming eligible for State funds?
A sectarian school would not become a non-sectarian school merely by
setting up a non-sectarian board of directors.
Is there any other reason why Section 141 of the Constitution would be
. amended?
s
Yes, For twenty-six years the State of Virginia has been giving grants
in aid to the War Orphan Fund, Teaching Scholarship Program, Negro Grad-
uate Aid Fund and the Rehabilitation program for the physically and men-
tally handicapped. More than 1600 persons were using these grants in
aid in non-public institutions.this year, On November 7, 1955, the Su-
preme Court of Virginia ruled that these grants violated Section 141 of
the Constitution as now written. It is therefore necessary to amend Sec-
tion 1Ll so Virginia can continue its former program. j
Why was it necessary to have a Constitutional Convention?
There are two regular ways for amending the Constitution. The first meth-
od requires a constitutional referendum on a proposed amendment passed by
two differently elected General Assemblies. This would require more than
two years. The second method provides for a constitutional convention,
when such convention is specifically authorized by the people themselves.
This may be done in approximately six months. It was essential that a
plan for operating the schools be available before the next school year.
Many of the school boards make up their budgets in the spring and in many
localities no funds would be appropriated unless they had a plan under
which they could operate. The Gray Commission, therefore, recommended to
the Governor that he call a special session of the General Assembly for
the sole purpose of considering the calling of a Constitutional Convention
1imited to amending Section 1Ll of the Constitution.
What is Section 141 of the Constitution?
This section prohibits State appropriations to schools or institutions of
learning not owned or controlled by the State. There is already an excep-=
tion whigh permits Scholarships to be used in private institutions. Under
-
12, Q.
A.
12a. Q.
A.
13, Q.
A,
. Q.
A.
15. Q.
A.
-3-
Why are thesé grants limited to non-sectarian schools?
The Supreme Court of Virginia, ih its decision of November 7, 1955, in
the case of Almond v. Day held that such educational grants to sectarian
schools violates Sections 16, 58 and 67 of the Virginia Constitution as
. well as the First Amendment of the Federal Constitution. Even if we
amended the Virginia Constitution, the Federal Constitution would pro-
hibit such paymentse. ‘
What is a sectarian scfiool?
The Virginia Constitution in several places--Sections 16, 58 and 67, pro-
hibits the use of public funds, directly or indirectly, in, to or for any
church, or sectarian society, association, or institution of any kind
whatever, which is entirely or partly, directly or indirectly, controlled
by any church or sectarian society. ~
What is to prevent a sectarian school from setting up a non-sectarian
board of directors and, thereby, becoming eligible for State funds?
A sectarian school would not become a non-sectarian school merely by
setting up a non-sectarian board of directors.
Is there any other reason why Section 141 of the Constitution would be
. amended?
s
Yes, For twenty-six years the State of Virginia has been giving grants
in aid to the War Orphan Fund, Teaching Scholarship Program, Negro Grad-
uate Aid Fund and the Rehabilitation program for the physically and men-
tally handicapped. More than 1600 persons were using these grants in
aid in non-public institutions.this year, On November 7, 1955, the Su-
preme Court of Virginia ruled that these grants violated Section 141 of
the Constitution as now written. It is therefore necessary to amend Sec-
tion 1Ll so Virginia can continue its former program. j
Why was it necessary to have a Constitutional Convention?
There are two regular ways for amending the Constitution. The first meth-
od requires a constitutional referendum on a proposed amendment passed by
two differently elected General Assemblies. This would require more than
two years. The second method provides for a constitutional convention,
when such convention is specifically authorized by the people themselves.
This may be done in approximately six months. It was essential that a
plan for operating the schools be available before the next school year.
Many of the school boards make up their budgets in the spring and in many
localities no funds would be appropriated unless they had a plan under
which they could operate. The Gray Commission, therefore, recommended to
the Governor that he call a special session of the General Assembly for
the sole purpose of considering the calling of a Constitutional Convention
1imited to amending Section 1Ll of the Constitution.
What is Section 141 of the Constitution?
This section prohibits State appropriations to schools or institutions of
learning not owned or controlled by the State. There is already an excep-=
tion whigh permits Scholarships to be used in private institutions. Under
