Separate schools for white and colored

Sec. 1492. Who admitted to public schools; provision for children of adjoining districts; separate schools for white and colored.

The public free schools shall be free to all persons between the ages of seven and twenty years residing within the school district; and the State board of education shall have power, and it shall be its duty, to make regulations whereby the children of one district may attend school in an adjoining district, either in or out of the county: provided, that white and colored persons shall be not taught in the same school, but shall be taught in separate schools, under the same general regulations as to management, usefulness, and efficiency. (1881-2, p. 37; 1895-6, p. 352; 1902-3-4, p. 816.)

Whether a child is white or colored is a fact to be determined by the board, and involves the exercise of judicial discretion, which the courts cannot control. An appeal will lie to the county superintendent. Eubank v. Boughton, 98 Va. 499, 36 S. E. 529.