Edwin Washington Project

EWP 1 School Briefing 005

Item

Title

EWP 1 School Briefing 005

Place

Virginia

Identifier

1000498

Is Version Of

1000498_EWP_School_Briefing_005.jpg

Is Part Of

Uncategorized

Date Created

2024-01-07

Format

Jpeg Image

Number

d443888fecf46a43931a3cbe388c38a9f03798914d7687d52ad73ab2fdc01923

Source

/Volumes/T7 Shield/EWP/Elements/EWP_Files/Access Files/Upload temp/1000498_EWP_School_Briefing_005.jpg

Publisher

Digitized by Edwin Washington Project

Rights

Loudoun County Public Schools

Language

English

Replaces

/Volumes/T7 Shield/EWP/Elements/EWP_Files/source/Ingest One/1 Civil Rights/integration_folder/Constitutional_Convention/EWP_School_Briefing_005.jpg

extracted text

n(a) would a decree necessarily follow providing that, within .
the limits set by normal éeographic school districting,
[ Negro children should forthwith be admitted to schools
of their choice, or .

n(b) may this Court, in the exercise of its eoulty powers,
permit an effective gradual adjustment to be brought
about from existing segregated systems to a system not
based on color distinctions?" = =

Question 5 is not deemed material in answering your inguiry.

While the basic issue before the Court has been determined, yet, the Court
has ordered the case restored to the docket and has not entered, and will not
enter, a final decree adjudicating the respective rights of the parties litigant
ntil further hearings and proceedings are had and held.

,Pehding a final adjudication, it(is my. opinion that section 140 of the
Constitution.of Virginia, and the statute of Virginia enacted pursuant thereto,
remain intact and unimpaired, imbued: ith full legal vitality and efficacy.

It is clearly manifest from the Cofirt's‘opinion that it reserves judgment
on the matter of final disposition of the cause before it until it could be
further advised as to matters procedural relating to adjustment to the Court's

opinion on the basic issue.

You have also requested my opinion, in the event I conclude that our
constitutional and statutory provisions retain vitality, as to whether the State
Board of. Education would be within its legal rights to direct the Division
Superintendents throughout the State to proceed with plans for the coming school
year on the same basis as have heretofore obtained.

Tt is my opinion that the Board would have full legal authority to issue
such directives, in view of the Court's retention of the question as to how and
when the Courtf's opinion on the basic cguestion is to be implemented.

Sincerely yours,
/s/ J. LINDSAY ALMOND, JR.

J. Lindsay Almond, Jdre,
~ . Attorney General.

10-20

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Item sets

EWP 01 Civil Rights