Georgia State School Items, 1933 January

GA
E3oD
/ ~r 1
53
V I 0 ~.I

GEORGIA : 5 1952 ~
State Schohl Items
Published by the State Department of Education

JANUARY, 1933

No. 1

A PROPOSED NEW SCHOOL CODE
TO BE CONSIDERED BY THE GEORGIA GENERAL ASSEM:BLY
M. L. DUGGAN
STATE SUPERINTENDENT OF SCHOOLS
Entered as second-class matter October 5, 1923, at the Post Office of Atlanta, Georgia, under the Act of August 24, 1912. Acceptance for mailing at special rate of postage provided for in Section 1103, Act of October 3, 1917, authorized October 5, 1923.
ATLANTA, GA.

..
.lillY
1' . .i
! ; "#",-

~

'' .I"

,I

\

!

,. ..

/A 'NEW scHOOL COl:>-""

Georgia's s chool Coile 'has 'long sinc-e 'been lnitiqmtt'ed, com]:}H(cated, conflicting, -an<! <lifl'ictilt 'Of mnderstandirig or administering. 'Severa:! times we have askei:l 'for -a code commission to rewrite 'the whole body ,of school Jaws. In response to su ch r'equests, 'tlfe last rGeneral Assembly a ppointei:l three members :from :the 'H'ouse :ant! -two from the 'S-enate with 'i,nstructions and authority 'to '"revi's'e, simp:lify 1tnd rewrite the School Coae of 'Geurg,:ia, -and subniit their -report With -such recommenaations as they deem proper to fhe next
s. Legislature -of Georgi-a." 'This cumrriittee, comJ>crsed 'of :Hon. J . s cot't
Davis, Chairman, 'Ron. W. R. Mixon, Hun. .c. Huobard, Senator
'Hamilton Mc'Whorter, and 'Senator Guy Jac'kson, have he'Id many .-conferences 'in my office and b-ave given mucb -study t'O this im:por tant problem. They have been furni-sbed with the r ecent 1aws :i'rom :many other states and have had a'id and advice from Peabody Col lege for Teachers through TI'r. 'Bachman and Dr. Campbell.

Georgia's common school system cannot be administered eco

l

nomically or t0 best adyantage until we can have a reorganization pf the e'Iltire body .of school laws. The Legislative committee is now
ready to offer to the Legis lature a Bill embodying a n ew school

\

code. I am presenting it in its entirety (except the captio n and a

repealing clause) in this bulletin form for the careful consideration

of legislators, educators, and friends of the public schools generally,

with t h e hope that it may have fair and earnest consid er ation.

J!J,nuary 2nd, 1933.

M. L. DUGGAN, State Superintendent of Schools.

. ~

... .

. ......
.. -... ~

...
:.

PROPOSED NEW SCHOOL LAW FOR THE STATE OF GEORGIA

ARTICLE I

STATE BOARD OF EDUCATION
...
SECTION 1. (a) The general administration and supervisiOn of the public schools and of the educational interests of the State, except the Univ-ersity of Georgia, shall be vested in the State Board of Education.

(b) The State Board of Educl!.tion shall be composed of ten members, one from each Congressional District, who shall be appointed by the 'Governor, subject to the approval of the Senate, for a term of ten years, beginning on the first day of September next succeeding their appointment, and they shall hold office until their successors have been appointed and qualify. Provided that the terms of office of persons who are members of the Board at the time this Act goes into effect shall automatically expire, but the members of said Board shall be 'qualified for appointment under the provisions of this Section, except in such cases as they are disqualified by the provisions of this Section.

(c) Immediately after this Act goes into effect, the Governor

shall appoint to this Board two members who shall serve until the

first day of September, 1935; two members to c>erve until the first

r

day of September, 1937; two members to serve until the first day of September, 1939; two members to serve until the first of September, 1941, and two members to serve until the first of Septem-

ber, 1943; and until their respective successors have been appointed

and qualify.

(d) Thereafter, as the respective terms expire, appointments to this Board shall be made by the Governor during the regular biennial session of the General Assembly, and the term of each member shall be ten years.

(e) Should a vacancy occur at any time on the State Board of Education it shall be filled by the Governor; provided, that the

3

nomination of the Governor for membership on said Board shall besubject to confirmation by the Senate, and provided further, that an appointment made when the Senate is not in session shall be effective until the General Assembly convenes and the Senat acts upon the appointment.
(f) The members of the Board shall be citizens of the State of Georgia and they shall be appointed solely because of their character and fitness, but no person shall be appointed to this Board who is in any way subject to its authority, or is engaged in educational pursuits, either as a teacher or otherwise, or who holds any other public office. No person who is now or has been connected with or employed by a schoolbook publishing concern shall be eligible to membership on the State Board of Education, and if any person shall be come so connected or employed after becoming a member of said' Board his place on said Board shall become vacant.
(g) Before entering upon the discharge of his duties, each_ member of the State Board of Education, after his appointment, shall take and subscribe an oath to discharge diligently and faithfully the duties of his office.
SECTION 2. The offices of the State Board of Education shall be at Atlanta and shall be provided by the State. The State Board of Education shall hold its annual meeting each year, at its office, on the first Monday in September. At this meeting the Board shall each year elect one of its members to serve as President, and one to serve as Vice-President. Other regular meetings shall be held on the first Monday in December, March, and June, and such special meetings may be held and at such! places as the duties and business of the Board may require. The rules generally adopted by the deliberative bodies for their government shall be observed by the State Board of Education. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole Board.
SECTION 3. The members of the State Board of Education shall receive as compensation seven ($7.00) dollars per day for each day's attendance at the meetings of said Board, provided that they shall not receive pay for more than twenty-one days' attendance in any one year, and they shall also receive their actual traveling and other necessary expenses incurred in attending the meetings and transacting the business of the Board.
SECTION 4. The State Board of Education shall appoint, subject to the provisions of Section 20 of this Act, as its executive offi-
4

cer, a State Superintendent of Schools, who shall also be the Secretary of the State Board of Education. As Secretary he shall conduct all correspondence of the Board, keep and preserve all its records, receive all reports required by the Board, and see that such reports are in proper form, complete and accurate. He shall attend all meetings of the Board and of its committees, except when his own tenure, his salary, or the administration of his office is under consideration, but shall have no right to vote. In case the office of State Superintendent of Schools is temporarily vacant, or when the Superintendent is absent by reason of business in hand, the Board shall appoint one of its members to act for the time being as Secretary. Provided, that so long as paragraph o-ne, sub-section five, of Section two of Article eight of the Constitution of Georgia is in force, the State School Commissioner, as provided by said paragraph, shall be and serve as the State Superintendent of Schools and as the Secretary and executive officer of the State Board of Education, and shall exercise all the rights and powers conferred on the State Superintendent of Schools by this Act.
SECTION 5. The State Board of Education shall provide for the organization of the State Department of Education as pro;vided by this Act and shall make rules and regulations for the administration of the same.
SECTION 6. . (a) The State Board of Education shall cause the provisions of this Act to be carried into effect. It shall determine the educational policies of the State and enact by-laws, rules, and regulations for the administration of the public school system, which, when enacted and published, shall have the force of law.
(b) The State Board of Education shall explain the true intent and meaning of the school laws and of the enacted and published by-laws, rules, and regulations of the State Board of Education. It shall decide without expense to the parties concerned, all controversies and disputes involving the proper administration of the public school system.
(c) For the purpose of enforcing the prov1swns of this Act and the enacted and published by-laws, rules and regulations of the Board, the State Board of Education is empowered and shall remove, for immorality, misconduct in office, incompetency, o-r willful neglect of duty, any public school officer elected by popular vote or appointed under the provisions of this Act or any special schoo-l law, giving him a copy of the charges against him and an opportunity of being publicly heard, in person or by counsel, in his defense, upon not less than ten days' notice. Vacancies in office caused by such removals
5

shall be filled by the State Bo-ard of Education, except as otherwise provided for by this Act, and such appointees shall hold office until the next regular school election, or regular time of appointment, when said vacancy or vacancies shall be regularly filled for the remainder of the unexpired term of the officer or officers remorved.
SECTION 7. The State Board of Edu cation shall exercise, through the State Superintendent of Schools and his professional assistants, general control and supervision over the public schools of the State including the formulation and administration of standards for both elementary and high schools; they shall consult with and advise through their executbe officer and his professional assistants, County Boards of Education, County Superintendents of Schools, and other school officials, supervisors, attendance officers, principals, teachers, and interested citizens, and shall seek in every way to direct and develop public sentiment in support of public education.
SECTION 8. The State Board of Education shall prescribe, with the advice and on the approval of the State Superintendent of Schools, rules and regulations for transportation and for the protection of the health, physical welfare, and safety, and physical inspection of the school children of the State.
SECTION 9. The State Board of. Education shall prescribe, with the advice and on the approval of the State Superintendent of Schools, minimum courses of study for all public elementary schools and all public high schools. These courses of study shall be printed in such quantities a s to provide each public school official and teach~ er with a copy, and sufficient for distribution among private schools and interested citizens of the State.
SECTION 10. (a) The State Board of Education shall be the State Textbook Commission and, as such, shall adopt textbooks as herein provided. The State School Superintendent shall be the Secretary and executive officer of the Textbook Commission. The members of the Textbook Commission shall serve without compensation but shall be allowed their actual traveling expenses in attending meetings of the Commission upon submitting a sworn itemized statement accompanied by proper vouchers, to be paid out of the State Treasury upon the warrant .of the Governor. The total expenses for all members shall not exceed three hundred dollars per year.
(b) Before transacting business relating to the duties of the Commission, they shall each take an oath before an officer authorized to administer same, as follows: "We, and each of us, do solemnly swear that we will faithfully discharge all the duties imposed upon
6

us as members of the Textbook Commission and we, and each of us, do further swear that we are not interested, directly or indirectly, in the publication or sale of any school book now in use in the common or high schools of this State, and we further swear that we will not become interested in any contract that may be made by the Textbook Commission and that we will receive no personal benefits therefrom, so help us God."
(c) The Textbook Commission shall adopt a uniform series of textbooks for use in all the common schools of this State, and shall have the authority to adopt a uniform series of textbooks for use in the high schools of this State, when in their judgment it is ad- visable and for the best interests of the patrons of said high schools so to do. The textbooks so adopted shall include the elements of an English education as shall be defined and enumerated by the State Board of Education and such other branches of study as may be provided by said Board. None of said books so adopted shall contain anything of a partisan or sectarian nature. The manner of adoption shall be as provided herein.
(d) The Textbook Commission 1s empowered and directed to formulate and put into effect a system of purchasing, publishing, and distributing the textbooks adopted by them, which will reduce the present prices of textbooks now in effect, under existing contracts and methods of sale and distribution. For the purpose of putting such system into effect the Textbook Commission is authorized to make any and all necessary rules and regulations they may deem proper.
(e) Nothing in this Act shall be construed to authorize the Textbook Commission to adopt textbooks, except in the manner and numbers now authorized by law and the sale and distribution of all textbooks adopted shall be by and through the agency or agencies created in accordance with the provisions of law. The term "adoption" shall mean the purchase .of manuscripts outright or upon a royalty basis, the purchase of copyrights for the State of Georgia, the renting of plates, the purchase of textbooks by the Commission direct from the publishers in quantities, and; or a contract with any publisher for the use of any textbook as provided by law.
(f) The Textbook Commission is empowered and authorized to have books for the elementary or high schools printed by contract by the lowest and best bidders after due advertisement for at least" thirty days in at least four newspapers of general circulation in the State, which advertisement shall contain the specifications of such proposed contract, and to carry out this provision the said Commission is authorized to rent plates, secure copyrights for use in this
7

',
State, buy manuscripts outright or on a royalty basis, and to have the same electrotyped or plates made thereof and copyrights secured, to employ competent authors or to do any other act or thing necessary to carry out the provisions of law in publishing said textbooks by contract.
(g) The Textbook Commission is hereby empowered to contract with the publishers of any textbook the Commission may adopt, for the purchase of textbooks in quantities sufficient to supply the children in any or all of the grades of the public schools of this State, bas-ed on estimates and the school census, provided said textbooks shall be sold to patrons of schools of the public school system at the price fixed by said Commission, which said price shall be actual cost of purchase and; or production and distribution as herein provided.
(h) The Textbook Commission is authorized and empowered to contract with any publisher of schoolbooks for the use of any book which may be adopted at a lower cost than is possible by having .a similar text of equal grade and character and of the same subject <>r course of study, printed by contract or purchased in quantities; -provided that such publisher will agree to have such books handled through the agency of distribution created and recognized by the 'Textbook Commission, without any profit to the distributor. Provided that only. one textbook of any one subject or course of study for any <> ne grade shall be so adopted and then for no longer period of adopt ion than other textbooks adopt:ed by the Commission.
(i) For the purpose of carrying out the provisions of this textbook law the Textbook Commission is authorized and the State Board of Education is directed, upon recommendation of the Textbook Commission, to 'set apart from the appropriation made to the public schools of this State, in a~y year, beginning in the year 1933, a sum not to exceed four hundred thousand ($400,000.00) dollars, or so much thereof as may be necessary, for any one year; provided that not more than four hundred thousand ($400,000.00) dollars shall at any time constitute and be used as such revolving fund; said fund shall constitute a revolving fund for the purpose of carrying out the provisions of this textbook law, whether to print textbooks by contract, secure copyrights, purchase manuscripts outright or on a royalty basis, to rent plates, to have plates and electrotypes made, to purchase textbooks in quantities, and to 'cover the cost of distribuion of textbooks; any and all of such items to be taken into account in computing the prices at which said textbooks shall be sold, and to be repaid into .said revolving fund in the manner herein prescribed. After the plan or system formulated and adopted by the Textbook
8

Commission for the publication and ; or purchase and sale and distribution of textbooks under the provisions of this textbook law are fully in effect and operation in all the schools of this State, any surplus in said revolving fund not required in the operation of the said system and in carrying out the provisions of this law shall be repaid into the public school fund of the State.
(j) If the revolving fund provided herein is not sufficient in .amount to enable the Textbook Commission to print, purchase, contract, or otherwise render available, textbooks for all the grades of the public schools of the State in any one year, the Textbook Commission is authorized first to supply textbooks under the plan adopted by them, to the lower grades, beginning with the first grade and .adding a grade or grades each year until textbooks for all the grades in the public schools of this State shall be supplied under the plan Or system adopted, provided said textbooks shall be supplied to patrons of schools of the public school system at prices fixed by said T extbook Commission, which said prices shall be actual cost of purChase and ; or production and distribution as herein provided.
(k) The sale for use in the public schools of this State, except as supplemental texts as provided herein, of any textbook .adopted under the present method of adoption in effect at the time of the passage of this law is prohibited after the period of adoption or term of the contract has expired or is changed by the Textbook Commission.
(1) The Textbook Commission shall .meet in the office of the Secretary not later than .June 1, preceding the expiration of existing school book contracts and shall advertise in such manner and form as they may deem best, that at a time to be fixed by the said Commission, but not later than September 1, succeeding, the Textbook Commission will receive at the office of the Secretary manuscript texts of schoolbooks, specifying the subjects, grades and courses of study, to be purchased outright or adopted on a royalty or copyright basis. At the same time the Textbook Commission shall advertise for sealed bids or proposals from publishers of textbooks, for the purchase of textbooks in sufficient quantities to supply the children in any or all of the grades of the public schools of this State, specifying the quantities of each textbook required, as well as such other specifications as to the .Commission shall seem necessary, and any bidder under such advertisement shall state in his proposal the price or prices at which the said textbooks will be sold to the Textbook Commission delivered to their office in Atlanta, and shall also state in said proposal the rate at which plates for the printing of such texts will be rented to the Textbook Commission. Each and every proposal from a publisher shall be accompanied by specimen
9

copies of all books specified in said bid or proposal. The Commission shall, at the same time, advertise for bids from publishers of schoolbooks for textbooks to be furnished upon contract as provided in sub-section (h) of this textbook law.
(m) The Textbook Commission shall, at the time of, or before the meeting aforesaid, appoint a committee of outstanding and specially qualified educators of this State, not more than nine in number, to whom the manuscripts, bids and specimen copies shall be submitted for examination. The said committee shall serve until the textbooks for the given period, shall have been adopted. The said Committee shall, each, from the school funds of the State, receive the sum of $10.00 per day for the time devoted thereto, but such sum so paid shall not exceed the total amount of $150.00 per annum, and in addition each member shall be paid his actual expenses, not to exceed $100.00 upon submission of vouchers and affidavit thereto."
The said committee shall carefully examine and consider the matters submitted to them, having due regard to the subject matter, mechanical make-up and price, and shall within sixty days recommend to the Textbook Commission in writing three books or texts for each subject in a given course of study, and in so doing shall not recommend more than one book for any one grade in each course of study from or by the same author or publisher.
From the recommendation made by the said committee the Textbook Commission shall select one text or book, which shall be the text or book adopted and shall not be changed during the period of adoption. Provided, however, that if in the opinion of the Textbook Commission a suitable text as to subject matter and price, in any or all subjects or courses of study, is not included in said recommendation, the said committee may be required to make new recommendations in the same manner as before.
If the committee should recommend, and the Textbook Commission should adopt, a manuscript or text submitted by any person, instead of a published book, then the Textbook Commission shall at once advertise for bids for making plates, and; or electrotypes , and; or printing said book from the manuscript. If the Textbook Commission should elect to rent plates of any text submitted in the proposal of any publisher, instead of buying such books in quantities or under contract as provided in Section 10 (h) of this Act, then the Textbook Commission shall at once advertise for bids for printing books from such plates, as hereinbefore provided.
10

The Textbook Commission shall have the right to reject any and all bids and shall have the right to readvertise as often and in any manner as they deem necessary to carry out the plan or system adopted by them. The Textbook Commission shall have the right to require bidders to post a sufficient bond, approved by the Attorney General, with their bids to insure good faith and to require bonds from successful bidders in amounts sufficient to insure their compliance with the terms of their contract.
After such adoption shall have been made, the said Schoolbook Commission s.hall, by registered letter, notify the publishers or proposers to whom contracts have been awarded, and it shall then be the duty of the Attorney General of the State to prepare the contract or contracts in accordance with the terms and provisions of this article, and the contract shall be executed by the Governor and attested by the Secretary of State with the seal of the State attached upon the part of the State of Georgia, and shall be executed in triplicate, one copy to be kept by the contractor, one copy by the Schoolbook Commission, and copied in full upon the minute book of the Commission, and one copy to be filed in the office of the Secretary of State.
At the time of the execution of the contract the contractor shall enter into a bond in the full sum of not less than one thousand dollars nor more than twenty thousand dollars, payable to the State of Georgia, the amount of the bond within said limits to be fixed by said Schoolbook Commission, conditioned upon the faithful, honest and exact performance of the contracts, and shall further provide for the payment of reasonable attorney's fees in case of recovery on any suit upon the same, and any guarantee company authorized to do business in the State of Georgia may become the surety on the bond; and it shall be the duty of the Attorney General to prepare and approve the bond; provided, however, that the bond shall not be executed in a single recovery, but may be sued upon from time to time, until the full amount thereof shall be recovered; and the Schoolbook Commission may, at any time, by giving thirty days' notice, require additional security or additional bond within the limits prescribed.
It shall be the duty of all contractors to print plainly inside the cover of each book the contract price as well as the exchange price at which it is agreed to be furnished, but the books submitted as sample or specimen copies with the original bids shall not have the price printed on them when they are submitted to the Commission.
(n) Hereafter, when the State Board of Education deems it necessary and advisable to change textbooks or make adoptions of
11

new books the procedure to be followed shall be substantially as set forth in the provisions of this Act.
( o) Any adoption, contract or purchase of textbooks o:y the
Textbook Commission shall be for a period of not less than five years. All contracts made by county boards of education, or iiidep~ndent school districts for school books prior to the adoption of this Act shall not be affected by this Act.

As soon as the Commission shall have entered into a contract

o~ contracts for the .furnishing or supplying, of books for us,e in the

public schools, it shall be the duty of the State Superintendent of

Schools to issue public notice announcing such facts to . the people

of the State..



(p) The Textbook Commission is authorized and directed to create at its discretion a Central Depository or Agency for the distribution of the textbooks adopted, printed and purchased by them, to the several counties of this State, which depository or agency of distribution shall be under the direct supervision and control of the Textbook Commission. The expense of maintaining such agency shall be paid from the 'revolving fund herein provided and shall be added to the prices of the books sold as a part of the cost' thereof.

(q) Textbooks purchased, published or contracted for by the Textbook Commission under the provisions of the preceding sections shall be distributed by the Textbook Commission through the Courity School Superintendent in each County of the State to the school patrons at the prices fixed by the Textbook Commission, which shall be the actual cost of purchase and; or production and distribution. The County School Superintendent in each County of this State is hereby charged with the duty of ascertaining the requirements of all schools in his county, including independent school districts and systems, of school books for all grades in such schools for which adoptions shall have been made under the provisions of this Act, at least sixty days before the beginning of each school term, and the County School Superintendent shall make requisition to the Textbook Commission for such requirements sixty days before the beginning of each school term, said requisitions to be approved by the Chairman of the County Board of Edpcation.
Upon the receipt of such requisition the Textbook Commission shall determine whether same is reasonable and sufficient for the needs of the common schools in said county and upon the approval thereof shall cause the books so requisitioned to be forwarded to the County School Superintendent and charged to him upon the books

12

of the Textbook Commission. Said books shall then be sold to the school patrons by the County School Superintendent at the prices fixed by the Textbook Commission, for cash. The amounts received by the -County School Superintendent from the ;;ale of textbooks shall immediately be remitted by him to the Textbook Commission to re imburse the .revolving fund for such expenditure made in the purchase, preparation and distribution of such books. The Textbook Commission shal~ have the authority to require the return of all unsold books from the County School Superintendent at any time.
(r) It shall be unlawful for any teacher in the public or high schools of thi~> State tq use any book in place of the books adopted, publish~d or purchased for use and distribution by the Textbook Commission, except as otherwise herein provided.
(s) No county school board of education of this State shall receive any part of the appropriation made to the common schools of this State by the General Assembly in any year unless such board, shall use the textbooks adopted and provided by the Textbook Commission as provided for herein. Provided, however, that supplemental books may be used by any school or school system, provided the cost of sucl:~ supplemental books is paid by the school system and the books loaned to the school children without charge. Provided, fu~ther, that the provisions of this Section shall not apply to nor be mandatory upon those systems of public schools in this State whose boards of education or boards of trustees now own and furnish free, or upon a rental basis, the textbooks for their schools, until the textbooks adopted and now in use by said systems shall be by them changed; any further adoptions andj or purchases of textbooks, except supplemental texts as provided herein, shall be from the lists adopted by the Textbook Commission and through the agency of distribution created by them. And for the purpose of purchasing such supplementary books the county board of education may use such parts of the county school funds as may be necessary.
All publishers of school b_ooks, or persons desiring to offer school books, other than those basal elementary textbooks provided for under the uniform textbook law for the use of pupils in the public schools of Georgia, shall file in the office of the State Superintendent of Schools a copy of each book proposed to be offered, together with the list price as submitted by the publisher, and such books when 'approved and placed upon a list issued by the State Board of Education then they may be legally adopted and purchased by any public school authorities. The State Superintendent of Schools shall carefully preserve in his office the sample copies of all such books filed
13

and approved by the State Board of Education, and the prices thereof.

(t) Any person violating the provisions of this Act shall be

guilty of a misdemeanor and upon conviction shall be punished as

provided therefor.

.

SECTION 11 (a) The State Board of Education as provided in this Act is and shall serve as the State Board of Vocational Education and shall be charged with the powers and duties incident to carrying out the provisions of the Vocational Acts herein accepted, the disbursement of funds available for Vocational Education, and the administration and supervision of Vocational Education including the training of teachers of vocational courses. Acting as the State Board of Vocational Education, the State Board of Education shall have the power and authority to set aside annually in the budget for public schools as herein provided such funds as are required to match F'ederal funds allocated to the State of Georgia. They shall also have the power to include in the staff of the State Department of Education such professional and clerical assistants as may be necessary for carrying out the provisions of this Act and those herein accepted.
(b) The State Treasurer is hereby made the custodian of any and all monies received by the State from the Federal Government under the Vocational Education Acts, and it shall be his duty to collect said money and to pay out same upon the order of the State Board of Education.

(c) The State of Georgia accepts and does hereby accept the provisions of an Act of the Congress of the United States approved February 23, 1917, the caption of which Act is as follows:

An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of Vocational subjects; and to appropriate money and regulate its expenditure, and for other purposes, and the provisions of this Act as set forth in Sections 1, 2, 3, and 4 of said Act and the provisions thereunder and appropriations therefor to be used according to and as provided in said Act.

(d) The State of Georgia also accepts and does hereby accept all subsequent Acts of the Congress of the United States passed
14

'
to provide additional funds and extend the nature and character of vocational education of less than college grade and all Acts providing assistance and funds for inaugurating and maintaining industrial or civilian rehabilitation ana other vocational training for persons physically handicapped.
(e) Vocational Education is recognized as an integral part of the program of the public schools, and Boards of Education are authorized to establish and maintain VOcational 3Chools and classes including part-time and evening classes.
SECTION 12. (a) The State Board of Education shall provide, on the advice and with the consent of the State Superintendent of Schools, rules and regulations governing the issuance of certificates to teachers in the public schools of the State, and no teacher shall be permitted to teach in the public schools of the State and receive remuneration therefor unless said teacher shall have been duly certificated by the State Board of Education, except that in case of emergency, the County Superintendent of Schools may, with the approval of the State Superintehdent of Schools and upon satisfactory examination, issue a temporary license, valid for not more than one year.
(b) The State Board of Education shall exercise general supervision over the training of all teachers for the public schools of the State. It shall make and prescribe, on the advice and with the consent of the State Superintendent of Schools, rules and regulations governing the courses of study for the training of teachers and shall inspect in terms of its standards, colleges, junior colleges, and other institutions for the purpose of approval as teacher training institutions, and shall approve courses of study for teacher training in such institutions when such courses comply withthe rules and regulations of the State Board of Education governing them.
SECTION 13. (a) The State Board of Education shall prescribe standards governing higher institutions of learning that may be chartered to grant degrees. No charter giving the right to confer degrees or issue diplomas shall be granted to any proposed institution of learning within the State of Georgia until the proper showing has been made to the State Board of Education that the proposed University, College, Normal or Professional School shall give evidence of its ability to meet the standard requirements set up by the State Board of Education.
(b) The State Board of Education shall prescribe, on the advice and with the consent of the State Superintendent of Schools, standards, rules and regulations governing private or parochial
15

schools either of elementary or high school grade, and commercial schools, and shall require that" all such schools be inspected periodically in terms of said standards, rules and regulations before they may be allowed to operate.
(c) The State Board of Education shall prescribe, on the advice and with the consent of the State Superintendent of Schools, suitable blanks for receiving reports from ~uch private or parochial schools of elementary, high school or co.llege grade, and commercial schools, and shall require regular reports from same. And any such private or parochial school of elementary, high school, or college grade, or commercial school, failing to furnish promptly to the State Board of Education all information called for in said blanks shall be guilty of a misdemeanor. punishable by law, and the State Board of Education may order the closing of such school.
(d) The State Board of Education shall have power to set up rules and regulations under which County Boards of Education may organize and maintain in each county one or more manual labor schools on such a plan as may be self-sustaining.
(e) The Board of Education of any county shall have power to establish, at such places as they may deem proper, a suitable number of evening or part-time schools for the instruction of youths over fourteen years of age who are prevented by their daily vocations from attending the public schools, subject to the approval and such regulations as may be provided by the State Board of Education in its capacity as the State Board for Vocational Education.
(f) The Board of Education of any county shall have the right to establish one or more high schools or junior high schools as in their opinion may be necessary upon the approval of the State Board of Education.
(g) The Board of Education of any county may establish and maintain in connection with the public schools, departments of industrial education, in which the students may be taught Agriculture, Home Economics, or Trades and Industries under such rules and regulations as may be prescribed by the State Board of Education in its capacity as the State :eyoard for Vocational Education. It shall oe lawful to procure 'the necessary equipment and pay teachers and the said County Board of Education shall determine the number of such schools, the place where located, and the terms or sessions of same, together with the ages at which children may attend the same.
SECTION 14. The State Board of Education shall prescribe,
16

on the advice and with .the consent of the State Superintendent of Schools, rules and regulations for taking; from time to time as the Board may determine, a census of all children within the State between the ages of six and eighteen years, inclusive, and shall prepare and furnish suitable forms and blanks for taking such census and for compiling the reports thereon.
SECTION 15. Th~ State Board of Education shall transmit l;liennially to the Budget Bureau and to the General Assembly, certified to by the State Superintendent of Schools, an annual State public school budget, this budget to include funds for the maintenance of the State Department of Education and the county school budgets as provided for in Chapter III oi this Act.
SECTION 16. The State Board of Education shall submit each year on or before the first day of January, to the Governor, an an. nual report, prepared by the State Superintendent of Schools and approved by the Board, covering all operations of the State Department of Education, and the support, conditions, progress, and needs of public education throughout the State. Such annual report shall be printed in sufficient quantities for general distribution.
SECTION 17. The State Board of Education shall consider the educational needs of the State, and recommend to the Governor and the General Assembly such additional legislation, or changes in existing legislation, as may be deemed desirable. Such recommendations shall be in the form of prepared bills and shall be laid before the Governor and the General Assembly. The State Board of Education and the State Superintendent of Schools .shall be given a hearing on . the same by the committees of the Senate and the House of Representatives to which such bills are referred, if this is requested.
SECTION 18. The State Board of Education shall constitute a body in the nature of a court to which appeals may be made from the decisions of the State Superintendent of Schools touching the construction or administration of the school laws, and the decision of the Board shall be final and conclusive, provided that, in case a member of said Board should be disqualified to consider such appeal, the Governor shall appoint to serve in his stead a person qualified to serve as a member of the State Board of Education in hearing such appeal.
SECTION 19. The State Board of Education shall perform such other duties as are assigned lsewhere in the law, or may be assigned to it from time to time by the General Assembly.
17

STATE SUPERINTENDENT OF SCHOOLS
SECTION 20 (a) The State Board of Education shall employ a State Superintendent of Schools who shall be the .secretary and the executive officer of the Board, on such terms as the Board shall .determine, for a term of not less than two years nor more than five years, and he may succeed himself. Said Superintendent shall be subject to removal for immorality, misconduct in office, incompetency, or willful neglect of duty. Provided, that so long as paragraph one, sub-section five, of Section two of Article eight of the Constitution of the State of Georgia is in force, the State School Commissioner as provided by said paragraph, shall be and serve as State Superintendent of Schools and as the secretary and executive officer of the State Board of Education, and shall exercise all the rights and powers conferred on the State Superintendent of Schools by this Act. Provided further, that the State School Superintendent elected and serving at the time this Act becomes effective shall be appointed for the remainder of the term for which he has been elected and he shall be eligible for reappointment at the end of his term.
(b) The State Superintendent of Schools shall hold a baccalaureate degree from a standard college and, in addition, shall have completed at least one year of professional training in the graduate school of a standard higher institution. He shall have had also at least five years of educational experience as teacher, supervisor, principal, or superintendent.
(c) The State Superintendent of Schools shall devote all his time to the work of the Department. He shall take and subscribe an oath diligently and faithfully to discharge the duties of his office. The bond, with certified endorsement thereon, shall be filed with the Secretary of State, and the premium charged for said bond shall be paid out of the treasury of the State.
(d) Upon entering upon the discharge of his official duties, the State Superintendent of Schqols shall give bond in the penal sum of Ten Thousand ($10,000) dollars to the State of Georgia, with some approved surety company which shall be acceptable to the Secretary of State, conditioned that he will truly account for and apply all money or other property which may come into his hands in his official capacity for the use and benefit of the purposes for which it is intended, and that he will faithfully perform the duties enjoined upon him by law.
SECTION 21. The State Superintendent of Schools shall have
18

the power and authority to hear and determine appeals from the decisions of the County Boards of Education. He shall have authority to administer oaths .and to examine under oath, in any part of the State, witnesses in any matter pertaining to the public schoois, and to cause the examination to be reduced to writing. Any person who, having been sworn or affirmed by him to tell the truth, and who willfully gives false testimony, shall be guilty of false swearing and punished .as those found guilty of perjury are punished.
SECTION 22. The State Superintendent of Schools shall enforce all the provisions of this Act and the enacted and published bylaws and rules and regulations of the State Board of Education. He is empowered and directed to file charges with the State Board of Education and recommend for removal any school officer elected by popular vote or appointed under the provisions of this Act or special school law, for immorality, misconduct in office, insubordination, incompetency, or wilful neglect of duty.
SECTION 23. The State Superintendent of Schools, acting under the rules and regulations of the State Board of Education, shall be responsible for the administration of the State Department of Education, and shall have general supervision of all the professional, clerical, and special assistants of the Department. He shall nominate for appointment by the State Board of Education and fix the salaries of, subject to the approval of the Board, all the professional, clerical, and special assistants of the Department, and may recommend to the . Board their dismissal for immorality, misconduct in office, insubordination, incompetency, or wilful neglect of,duty.
SECTION 24. . The State Superintendent of Schools shall execute the educational policies of the State Board of Education. He shall call and conduct conferences of County Boards of Education, County Superintendents of Schools, supervisors, attendance officers, principals, teachers, and interested citizens on matters related to the condition, needs, and improvements of the schools. He shall prepare and publish the school laws of the State and by-laws, rules and regulations of the State Board of Education, and such pamphlets as will stimulate public interest, promote the work of education, and foster in teachers professional insight and efficiency. He shall receive and examine all the reports required under the rules and regulations of the State Board of Education, and in person, or through his assistants, shall examine the expenditures, business methods, and accounts of County Boards of Education, and advise them on the same.
SECTION 25. . The State Superintendent of Schools shall prepare, or cause to be prepared, and submit for approval and adoption,
19

by the State Board of Education, rules and regulations for the hy- gienic, sanitary, and protective construction of school buildings. He is empowered and directed to recomme!'Jd for condemnation for school use by the State Board of Education, all buildings used for school purposes that violate these rules and regulations.
SECTION 26. The State Superintendent of Schools shall pre-
pare, or cause to be prepared, and submit for approval and adoption by the State Board of Education, rules and regulations for transportation and the protection of the health, physical welfare, and safety, and physical inspection of the school children of the state.
SECTION 27. (a) The State Superintendent of Schools shall prepare or cause to be prepared, and submit for approval and adoption by the State Board of Education, rules and regulations for grading, standardizing and accrediting all public elementary and high schools; also for limiting, on the basis of the equipment and number of teachers employed, the years and grade of instruction that may be offered .in such schools. He shall also prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education, the minimum requirements for .issuing all certificates and diplomas, and shall prepare, or cause to be prepared and submit for approval and adoption, by the State Board of Education, rules and regulations governing the certification of teachers. .
(b) He shall also prepare, or cause to be. prepared, and submit for adoption .by the State Board of Education, rules and regulations for inspecting private and parochial schools of elementary or high school grade and commercial schools and granting permission for -such schools to operate. He shall also prepare suitable blanks for receiving reports from such schools.
SECTION 28. The State Superintendent of Schools shall prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education, minimum courses of study for the different grades and kinds of public elementary schools, high schools, and, in cooperation with the authorities .of approved teacher training institutions, minimum courses of study for teachers' colleges, normal schools and all other schools engaged in training teachers.
SECTION 29. The State Superintendent of Schools shall prepare, or cause to be prepared, and submit for approval and adoption, by the State Board of Education, rules and regulations fixing th'e date for the opening and closing of the several terms of the sc.hool year, the hours of the daily school sessions, holidays on which the schools shall be closed and special days to be observed, the pay of
20

.. '
teachers during absence qecause of sickness or quarantine, or when the schools are closed by quarantine, and the forms of contract that
shall be executed between Boards of Education and all regular employees.
SECTION 30. The State Superintendent of Schools shall prepare, or cause to be prepared, and submit for approval and adoption,' by the State Board of Education, rules and regulations for taking, from time to time as the Board may determine, a school census of all children in the State between six and eighteen years of age inclusive, also the forms and blanks to be employed in taking such census and in compiling the reports thereon. The State Superintendent of Schools may recommend the whole or any part of the school census of any county to be taken at any time, if, in his judgment, the whole or any part of such census has not been properly taken.
SECTION 31. The State Superintendent of Schools shall prepare, or cause to be prepared, and submit for approval and adoption, by the State Board of Education, rules and regulations for the enforcement of school attendance, as provided by law.
SECTION 32. .The State Superintendent of Schools shall prepare, or cause to be prepared, and submit for approval and adoption, by the ' State Board of Education, a uniform series of forms and blanks for the use of County Boards of Edu cation, County Superintendents of Schools, supervisor s, attendance officers, principals, and teacher s, and it shall be his duty to see that all financial accounts, including school budgets, and all educational and financial records are so kept and that all reports are made according to these forms and blanks. He shall also prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education, forms and blanks to be used in the annual report and in the monthly reports required of persons conducting private schools and of private educational associations, corporations, or institutions.
SECTION 33. The State Superintendent of Schools shall propose from time to time to the Board of Education, and submit on its approval and authorization, investigations into the educational needs of the State, and into means of improving educational conditions.
SECTION 34. The State Superintendent of Schools shall prepare, or cause to be prepared, the annual report of the State Board
of Education and shall submit, on or before the first day of Decem-
ber, the same to the Board for its approval and adoption; he shall also prepare, or cause to be prepared, all other reports which are or may be required of this Board:
21

r
SECTION 35. The State Superintendent of Schools shall prepare, or cause to be prepared, and submit for approval and adoption, on or before December 1, by the State Board of Education, the annual State public school budget.
SECTION 36. The State Superintendent of Schools shall prepare, or cause to be prepared, and submit prior to the regular meeting of the General Assembly, for approval and adoption by the State Board of Education, such legislative measures as are, in his opinion, needed to further the development and to improve the public schools of the State.
SECTION 37. The State Superintendent of Schools shall perform such other duties as are assigned to him elsewhere in this Act, or may be assigned to him from time to time by the State Board of Education and by the General Assembly.
22

CHAPTER II
COUNTY SCHOOL ORGANIZATION
SECTION 1. Each and every county in the state shall compose one school district, and shall be confided to the control and management of a County Board of Education.
SECTION 2. (a) The County Board of Education is hereby declared to be a body politic and corporate by the name and style of the Board of Education of ____________________________County and by that name shall have perpetual succession, and shall be capable to sue and to be sued, to use and to have a common seal, and the same at their pleasure to alter or break, and to exercise all the powers and privileges hereby granted to or vested in them.
(b) The powers and duties heretofore delegated to the Boards of Trustees of municipal, consolidated, independent, and local school districts shall, when this Act goes into effect, be performed by the County Board of Education except that in municipal, consolidated, independent or local school districts against which there are outstanding, at the time of the passage of this Act, school bonds issued for school buildings, until such districts shall, in accordance with the provisions of paragraph 1, section 4, article 8, of the Constitution as amended, become consolidated with the county school system, said local school 'trustees shall continue to perform their duties and obligations with respect to school bonds as now provided by law.
(c) The County Board of Education may appoint in each school attendance district in the county, three persons who shall act as an advisory committee to the County Board of Education in all matters pertaining to the schools within their respective school attendance district. Each of these three persons may be appointed for a term of three years, one appointed for one year, one for two years, and one for three years, and thereafter one each year for a term of three years.
(d) For the purpose of executing the proVisions of Sub-section (b), Section 2, Chapter II, of this Act, at the expiration of the term of office of trustees in local school districts having a bonded indebtedness outstanding at the time this Act goes into effect, the County Board of Education shall order an .election to be held in such school districts for the purpose of electing three trustees for such district. The election shall be held at a time and place and in a manner and under rules and regulations prescribed by the County Board of Edu-
23

..



..

_.,..

cation. The trustees shall be intelligent citizens of gootl. rn.oral character who are known to be_ earne_st supporters of pi:..Hic education, and residents of the district in which they are chosen to serve, and they shall serve one for , three- years, one. for two years and one for one year, a.s the County Board of Education may determine. In districts containing incorporated towns there may be five trustees, one of whom shall be elected for one year, two for two years, and two ior three years. The .notice of their election .shall be filed by the -election managers with the County School Superintendent, who shall submit the same to the County Board of Education for its approval. After such local hoard of trustees has been approved and properly -commissioned by the County Board of Education it shall meet immediately and organize by electing one of its members president, and one secretary and treasurer. If the County Board of Education should consider any member or members unqualified for the work, it shall :refuse to confirm the election of such member or members and require that another election be held for the citizens of a district at a time and place and in a manner prescribed by the County Board of Education to elect others. At the expiration of the term of office of the members thus elected the citizens of a_district shall meet at a time and place, and in .a manner prescribed by the County Board of Education, and elect their successors, who must be approved by the County Board of Education as hereinbefore prov!ded, and the elec.tion shall be for a term of three years. If any member should refuse to act, or should be guilty of any conduct unbecoming the dignity of a school trustee, the County Board of Education shall have the right, up0n a written complaint of a majority of the voters of. the Jistrict, to remove said member and have his successor elected as hereinbefore provided. But no trustee shall be removed from office by any County Board of Education without sufficient proof, and he shall be served personally with a copy of such complaint at least ten days prior to the day set for the hearing, when such trustee shall be afforded an opportunity to be heard in his defense.
(e) The trustee appointed as treasurer of said local school board shall keep an accurate account of monies received and paid out in a substantially bound book and submit a report each year to the County Superintendent and the State School Auditor. Further said treasurer shall make proper bond payable to the County Board of Education. In the event of failure to make this bond as required, all funds raised by local taxation, or otherwise in said district, shall be paid over to the Treasurer of the County Board of Education, to be disbursed by order of the said County Board of Education, for the retirement of said outstanding. bonds and paying the interest thereon.
(f) The county authorities, in levying and assessing taxes for
24

,.
the purpose . oi paying the interest and retj:t:ing and paying off of
said' bond~, shall, in the event that the entire county is not .embraced within the area or territory in which said election is held, levy and .assess sw:~h taxes only against the p~operty located within the area or territory within which 1;aid election is held. For the purpose oi' taking care of and paying the pl'incipal .and interest of these bonds for the district, consolidated district, or county, the Board of Trus~ tees or Board of Education shall r .ecommend and the Board of County commissioners or Ordinary, as the case may pe, shall levy upon the property . subject to . taxation in the school. , district, ~onsoli datecl district or county, as the c11se may be, suc.h .tax as .may be necessary to provide a sinking fund for the retirement of said bonds, and for paying the principal thereof and the interest thereo~; this to be in addition to th~ generaL tax for the maintenance of the schools of said county.
(g) All property, both real and person~!, in~luding franchises belonging t~ railroads, telegraph and teleph~ne companies, and to all other cerporatiqns which are now required to make their returns to the Comptroller-General of this State, which is in the taxable limit of any school district shall be, and the same is, hereby made s~bject to taxation by said school districts as fully and compltely as is the property of the other corporations, within such taxable limits.
(h) It is the duty of every such corporation in this State, .in addition to the facts now required to be performed in their returns to the Comptroller-General to also show in said returns the value of such corporation's property in each of said school districts through which it runs, or is located. And for the purpose of enabling such corporation to show in said returns the v;alue of its property in such school districts, it is hereby made the duty of the County Superintendent of Schools of each county to furnish on or before January 1, to each such corporation, upon request, information as to the boundaries of each schoor district in which such corporation may have property, such as will enable such corporation to determine the amount of its property in such district, and he shall also furnish similar information whenever the boundaries of any school district may be changed.
For taxing purp?ses the rolling-stock, equipment, franchises and other personal property of said corporations shall be distributed to said school districts o~ the same basis that rolling-stock, franchises and other personal property are distributed to counties and municipalities under the law; that is, as the valu of the property located in the particular district is to the whole located property, real and personal of said corporation, such shall be the amount of rolling stock,
25

franchises, and other personal -property to be distributed for taxing purposes to each school district.
(i) All of the other provisions. of Article 7, Sections 1036, 1037, 1038, '1039, 1040, 1041, Georgia Cod'e (1910); so far as they can be applied are applicable to the assessment and collection of taxes of all such companies and corporat}ons which are now required by law to make their returns to the Co.mptr.o!Jer--Gene'ral, by and for school districts in this State upon th~ property and franchises of such companies located in such school districts and upon the rollingstock, franchises and other personal property distributed under the provisions of this article.
SECTION 3. The County Board of ' Education shall be composed of five members, each of whose term of office shall be six years, and each member shall hold offi<le until his successor ha{ b8en elected and qualified. 'The members of the County Board of Education shall be selected in the following manner: Each county may be laid off into five School Board districts by the grand jury and the boundaries of said districts cannot be changed except by th; grand jury and not oftener than every six years; provided that until the grand jury divides the county into districts as herein provided, the County School Board members shall be elected from the county at large. At the first general election, after the passage of this Act, the election authorities in each county shall cause an election to oe held for five County School Board members, one in each school ~oard district; two to serve two years; two, four years; one,. six yea:rs. Thereafter, said election authorities shall cause an election to be held biennially in the county for County School Board members from district or districts in which the term of office of the member of the County Board of Education expires. Only persons qualified to vote for members of the General Assembly are qualified to vote in the election of County School Board members.
SECTION 4. Members of the County Board of Education shall be bona fide residents of the School Board district from (hich they are chosen; but shall be elected by the people of the county at large. They shall be citizens of good moral character and shall have exhibited favorable interest in the public school system. Provided, however, that no publisher of school -books, nor any agent for such publisher, nor any person who shall be pecuniarily interested in the sale of school books or other school supplies, shall be eligible for election as a member of any Board of Education. Whenever a member of the County Board of Education moves his residence from the school board district from which he was elected he shall immediately cease to be a member of the Board and the vacancy shall be filled as required by law.
26

SECTION 5. In case a vacancy occurs on the County Board of

Education the judge of the Superior Court of the County in which

the vacancy occurs shall, upon receipt of notice of such vacancy from

the State Superintendent'- of Schools, appoint for the remainder of

the unexpired term a perMn qualified to hold the offfce from the

school board district in which the vacancy occurs, and immediately

forward a certificate of appointment to the State Superintendent of

Schools.

~
,

'

SECTION 6. Members of the County Board of Education in

each county shall be paid out of the school fund appropriated to the

county a per diem in the amount of three dollars ($3.00), for each

day's actual service; and their accounts for service shall be submitted for approval to the C~'unty School Superintendent; and they shall

not receive any other compensation, such as exemption from road and

jury duty.



SECTION 7. Whenever members of the County Board of Educati&n are elected it shall be the duty of the election authorities to forward...to the State School Superintendent a certificate of such election as eVidence upon which to issue commissions. This certificate must givethe names of the members of the Board chosen and state whoili they succeed, and whether the offices were vacated by expiration, resignation, death, or otherwise. Any member of the County B6ard of Education shall be removable by the State Superintendent
of Scho~ls for inefficiency, incapacity, general neglect of duty, or
ma,lfeasance or corruption in office after opportunity to answer ,charges. There shall be the right of appeal to the State Board of Education. When a member of the County Board of Education shall have been absent from two successive regular meetings of the Board, unless reasonable excuse has been given, the County Board of Edu~ cation shall declare his office vacant and notify the State Superintendent of Schools. In case of a vacancy on account of death, resignation, or other cause, the Board shall notify the State Superintendent of Schools. Upon notice of .such vacancy the State Superintendent of Schools shall notify the judge of the Superior Court in the county where the vacancy occurs.

SECTION 8. When a member of a County Board of Education resigns his resignation shall be tendered in writing to the State Superintendent of Schools.
SECTION 9. (a) ~he County Board of Education shall elect one of their number chairman who shall serve as such during the term for which he was chosen as a member of the Board unless he resign as such chairman, and also a, vice-chairman who shall serve in

27

the absence of the chairman. The County School Superintendent shall act as secretary and treasurer and shall b~ the. executive offieer of the Board. Provided, that in case the office of County School Superintendent becomes vacant, the Board .shall elect .one of their number to serve as secretary temporarily. A. majority of the. Board shall constitute a quorum for the transaction of business. It .shall be the duty of the secretary to be present at the meetings of the Board except when his own tenure, his salary, or the administration of his office is under consideration, and to recorcl. in a book, to be provided for the purpose, all their ofi'icial proceedings, which shall be a public record open to the inspection of any person interested therein.
(b) All . minutes, rules and regulations, resolutions, orders, notices, proclamations and other official acts of the County Board of Education shall be signed by the Secretary and countersigned by the Chairman of said Board. All checks, -warrants, vouchers, orders, bonds, debentures, certificate of indebtedness and other such instruments drawn by order of the County. Board .of Education sha11 be signed by the treasurer and countersigned by the Chairman of said Board.
SECTION 10. It shall be the duty of the County Board of Education to hold regular sessions en the first Tuesday of each month succeeding the election, and each month thereafter, at the courthouse of the county, for the transaction of business pertaining to the :public schools,. with power to adjourn from time to time.
SECTION 11. (a) The County Board of Education shall elect -during the month of October after this Act goes into effect a County Superintendent of Schools for a term of not less than one nor more than three years, from the first day of January -next after 'his election, and he shall hold office until his successor is elected and -qualified, provided the County School Superintendent elected and serving in any county at the time this Act becomes effective shall be :appointed for the remainder of the term for which he has been elect-ed and shall be eligible for r-eappointment at the end of his term.
(b) Said Superintendent shall be a citizen of the United States of America; shall be a person of good moral character, never convicted of any crime involving moral turpitude; shall hold a baccalaureate degree from a four-year collegiate institution recognized by the State Board of Education; shall have at least the equivalent of -one year of professional training in a graduate school of recognized standing; and shall have had at least three years of experience in teaching or administration or both, within five years immediat-ely
28

pre~eding his election, provided, that these qualifications and regulations shall not apply to County Superintendents in office at the time this A~t goes into effect.
(c) The County School Sup.erintendent may be removed from oft'ice. before the expiratibn of the ter~ for which he was elected by a majority vote of the County Board of Education for inefficiency, iNcapacity, neglect of duty, or malfeasance or corruption in office; provicled, t,hat any Superintendent so removed shall hav-e the right of appeal from the action of the County Board to the State Superintendent of Schools, and from the State Superintendent of Schools to the State Board of Education.
SECTION 12. (a) The County Board of Education shall to the best of its ability cause the provisions of this Act, the by-laws, rules 'and regulations, and the policies of the State Board of Education to be carried into effect. Subject to the provisions of this Act, and to the by-laws, rules and regulations, and the policies of the State Board of Education, the County Board of Education shall determine, with and on the advice of the County Superintendent, the educational policies of the county and shall prescribe rules and regulations for the conduct and -management of the schools.
(b) The County Board of Education shall exercise, through its executive officer, the County School Superintendent, and his professional assistants, control and supervision over the public school system of the county. The Board shall consult and advise, through its executive officer and his professional assistants, principals, teachers, and interested citizens, and shall seek in every way to promote the interests of the schools under their jurisdiction, except as herein
provid~d.
(c) The County Board of Education shall divide the county into appropriate elementary and high school attendance districts, shall keep full records of the boundaries thereof and shall locate and maintain schools, as needed, within each attendance district.
SECTION 13. (a) The County Boards of Education shall have the power to purchase, lease or rent school sites; build, repair or rent school houses, purchase maps, globes, and school furniture, and make all arrangements necessary to the efficient operation of the schools. The said boards are invested with the title, care and custody of all school houses or other property belonging to the county now or hereafter defined, with power to control the same in such manner as they think will best subserve the interests of the public schools; and when, in the opinion of the board, any school house or site has
29

become unnecessary or inconvenient, they may sell the same in the name of the County Board of Education, and make and convey title to same which shall be executed by the chairman and secretary of the Board, according to the order of the Board. They shall have the power to receive any gift, grant, donation, or devise made for the use of the public schools within their respective counties, and all conveyances of real estate which may be made to said Board shall vest title to the property in said Board of Education and their successors in office.

(b) The construction of all public school buildings must be approved by the County Superintendent and County Board of Education and must be according to the plans furnished or approved by the State Department of Education.

(c) The County Board of Education shall provide and contract for fire and tornado insurance in an amount equal to threefourths of the value of all school houses and the equipment of same, where said school house, or houses, is located in a district on which school bonds are in force. The premium for said insurance shall be paid out of the funds of the County Board of Education.

(d) Each and every lot or parcel of land which has been, or

may hereafter be, obtained by any County Board of Education for

the use of the public schools together with any buildings erected

thereon for school purposes, and all school furniture, shall be exempt

from all taxes, and from levy and sale under any execution or other

writ or order in the nature of an execution; provided, the lot of land

so exempted shall not exceed ten acres, and if there be any excess

over that number of acres, then that portion not to exceed ten acres

most convenient for school purposes, shall be exempt as aforesaid,

the ex empted portion to be set off by order of County Board of Edu-

cation.



SECTION 14. (a) It shall also be the duty of said County Board of Education to make arrangements for the instruction of the children of the white and colored races in separate schools. They shall, as far as practicable, provide the same facilities for both races in respect to attainments and abilities of teachers, but the children of the white and colored -races shall not be taught together in any public school of this State.

(b) Every parent, guardian or other person having charge and control of a child between the ages of eight and fourteen years, who is not exempted or excused as hereinafter provided, shall cause said child to be enrolled in and to attend continuously for six months of

30

.each year a public school of the school attendance district in which the child resides; which period of attendance shall commence at the beginning o{ the first term of said school in the year. Such attendance .at a public school shall not be required where the child attends for the same period some other school giving instruction in the ordinary branches of English education, or has completed the seventh grade of school work as prescribed by the State Board of Education, or where, for good reasons, the sufficiency of which shall be determined by the Board of Education of the county in which the child resides, the said board excuses temporarily the child from such attendance, such county school boards are authorized to take into consideration the seasons for agricultural labor and the need for such labor, in exercising their discretion as to the time for which children in farming districts shall be excused. Provided, that no guardian shall be com]lelled to send such child or children to school out of any other than the funds belonging to the ward or wards. Temporary absence of .any child enrolled as a pupil may be excused by the principal or teacher in charge of the school, because of bad weather, sickness, -death in the child's family, or other reasonable cause.
Any parent, guardian or other person who has charge and control of a child between the ages aforesaid, and who willfully fails to -comply with the foregoing requirements shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not to exceed ten dollars for the first offense, and not to exceed twenty dollars for each subsequent offense, said fines to include all costs; but the court trying the case may, in its discretion, suspend enforcement of the punishment, if the child be immediately placed in attendance ;at a school as aforesaid, and may finally remit the same if such attendance has continued regularly for the number of months hereinbefore prescribed for attendance. School attendance may be proved by an attested certifiaat-e of the principal or teacher in charge of the school. No person shall be prosecuted for violation of the foregoing requirements unless the Board of Education of the county in which the person accused of such violation resides shall have caused to be served upon the accused, at least ten days before prosecution, .a written notice of the charge with the name of the child to' which it refers. Any person so notified, not previously convicted of violation of this Act as to the child referred to in said notice, may prevent J>rosecution of the charge set out therein, by giving, at any time be-fore such prosecution is instituted, a bond in the penal sum of fifty dollars payable to the Ordinary of the county, with security to be approved by the Ordinary, conditioned that the said person shall henceforth faithfully comply with the requirements of this section :as to the said child. Each day's willful failure of a parent, guardia11 ()r other person in charge and control of a child as aforesaid, after
31

the expiration of _ten days from such notice, to cause the chi1d to attend school, when such attendance is required by this section, shall constitute a separate offense.
(c) It shall be the duty of the County Boards of Education to investigate as to the attendance and non-attendance of children required by this section to attend the schools under their supervision, and it shall also be their duty to institute or cause to be instituted prosecutions against persons violating this section. It shall be the duty of the principal or teacher in charge of any public school, in which pupils between the ages of -eight and fourteen years of age are instructed, to keep an accurate record of the attendance of such pupils, and at the end of each month to make a written report of the same to the County Board of Education and to note therein excused absences and the reasons therefor.
(d)" Each County Board of Education shall employ an attendance officer whose duty it shall be to report to the Board of Education failure of attendance on the part of pupils between the ages of eight and fourteen years inclusive. For this service these officials shall be paid from the school funds of the county system not less than one dollar nor more than three dollars per day during the time employed. The balance due shall be paid from the school funds of the county system. Any County Board failing to comply with this law for attendance officer shall not be entitled to receive funds from the State Treasury until .it is shown that said attendance officer has. been appointed and has entered upon his duties.
(e) All fines imposed hereunder and all sums required to be paid as penalties under bonds .given under this section, shall, after payment of the costs' and prosecution and of recovery thereof, be paid into the treasury of the County Board of Education and become a part of the school fund of the county.
SECTION 15. (a) The County Board of Education shall appoint, on the written recommendation of the County School Superintendent, or -except as herein provided, members of the superintendenes staff, all principals and assistant teachers, and all other necessary school employees, and shall fix their compensation subject to the provisions of this .Act. The County Board of Education may ~us pend or -dismiss any teacher or other school employee so appoint-ed, on the written recommendation of the County Superintendent, for immotality, misconduct in office, insubordination, incompetency, or willful neglect of duty, provided that the charges be stated in writing and that the teacher or other employee be given an opportunity to be .heard by the Board upon: rtot less than ten days' notice; pro-
32

vided further that in all cases when the Board is not unanimous in its decision to suspend or dismiss, the right of appeal shall lie to the State Superintendent .of Schools,' and from him to the State Board of Education.
(b) Provided that in all counties in which there are independent, city, or municipal school systems in operation at the time this Act goes into effect, the superintendent of the respective public school system of said city or municipality, may, at his discretion, until January 1, 1937, be directly and solely responsible for the administration and conduct of the respective school system to the County Board of Education until January 1, 1937, provided further, that the superintendent, supervisors, principals, teachers, and all other school employees in said municipal or city public school system in service at the time this Act goes into effect shall be guaranteed all rights as to tenure, pensions, or retirement allowances as are in effect in such municipal or city public school system at the time this Act goes into effect.
SECTION 16. The County Board of Education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to either tJ:!e construction or administration of the school law, with power to summon witnesses and take testimony if necessary; and when they have made a decision, said decision shall be binding upon the parties. Either of the parties shall have the right of appeal to the. State School Superintendent, and said appeal shall be made through the County Superintendent in writing, and shall distinCtly set forth the question in dispute, the decision of the County Board of Education and the testimony as agreedupon by the parties to the controversy, or if they fail to agree, upon the testimony as reported by the Sup-erintendent.
SECTION 17. The County Board of Education shall! subject to the direction of the State Superintendent of Schools and to the rules and regulations of the State Board of Education, cause to be taken, under the direction of the Comity Superintendent of Schools, a school census of the children of the county between the ages of six arid eighteen years inclusive, and the County Suuperintendent of Schools shall cause, upon the direction, at any time, of the State Superintehdent of Schools, the whole or any part of any school census of his county to be retaken.
SECTION 18: The County Board of Education, each year, beginning with the year 1933 shall prepare, subject to the rules and regulations of the State Board of Educa:tion and on and with the advice of the County Superintendent, an itemized and detailed school
33

budget, showing the amount of money .needed for operating expenses for the office of the County Superintendent of Schools, for permanent improvements and repairs, and for current repairs and furniture for old buildings; and for maintenance and support of the schools during the succ-eeding school year including transportation; also the estimated total amount that will be received from the state, which shall be used for paying operating expenses for the office of the County Superintendent of Schools, teachers' compensation, and purchasing textbooks, materials of instruction and school suppiies; and finally the amount that will be needed to be raised by county taxation. When said county school budget shall have been approved by the State Superintendent of Schools the County Board of Education shall notify in writing the County Commissioners, or Ordinary, as the case may be, of the amount necessary to be raised from county taxes together with the rate or millage to be levied, not less than twenty days before the usual date for levying county taxes; at the same time a copy of this annual budget shall also be submitted to the State Superintendent of Schools. The Board of County Commissioners, or the Ordinary, as the case may be, are hereby authorized, empowered, directed and required to levy the rate 'or millage recommended by the County Board of Education and collect such tax upon the assessable property of the county as will produce the amount requested to be raised by local taxation in the annual budget of the County Board of Education provided, such levy does not exceed constitutional or statutory limitations for such taxes. Taxes so levied shall be collected as other taxes and shall be kept separate and shall be paid semicmonthly to the treasurer of the County Board of Education as collected. All taxes received by the County Board of Education shall be expended by them in accordance with the items of their annual budget.
SECTION 19. The County Boards of Education in the counties of this State are hereby authorized, empowered, and required to make such regulations as in their judgment shall seem requisite to insure the vaccination of the pupils in their respective schools, and may require all scholars or pupils to be vaccinated as a prerequisite to admission to their respective schools.
SECTION 20. The County Board of Education, on the recommendation of the County School Superintendent, shall make and publish rules and regulations to govern the schools of their respective counties, subject to the provisions of this Act.
SECTION 21. Whenever the County Board of Education deems it for the best interest of the schools, they shall have the right to provide means for the transportation of the pupils and teachers to and from said schools and shall make such rules and regulations gov-
t
34
-!

erning same in conformity with rules and regulations of the State Bo;1rd of Education.
SECTION 22. (a) The County Boards of .Education of the several counties of this State shall have the power and authorit~ whenever the:,r deem it necessary to borrow a sufficient amount of money, and no more, to pay for the operation of the public schools of their counties as provided in their respective budgets; Provided, that no County Board of Education shall have authority under this law to borrow a sunt of money greater in the aggregate than the sum to which the county may be entitled from the public school fund and as set out in its budget for the current school year.
(b) In order for any County Board of Education to borrow money for the purpose hereinbefore stated there shall be passed by said County Board a resolution authorizing said money to be borrowed, in which resolution shall be stated the amount of money to be borrowed, the length of time the same is to be used, the rate of interest to be paid and for what purpose borrowed and from whom the same is to be borrowed, which resolution shall be by the County School Superintendent as secretary recorded in the minutes of the meetings of said Board of Education.
(c) No money shall be borrowed for any longer time than is necessary and the same shall be paid back out of any funds coming into the hands of the County School Superintendent or treasurer that can be legally applied to the payment of the same.
. (d) Said County Board of Education so borrowing money shall borrow t he same at as low a rate of interest as possible and -it is authorized to pay the interest on said money out of the public school fund for said county.
(e) After the resolution aforesaid has been passed by any County Board of Education the -Chairman of the Board of Education, together with the County School Superintendent shall have the .right to execute a note or notes in the name of the Board of Education of said County and attested by the Secretary of the Board for any money that is authorized to be borrowed, under the resolution passed by said Board of Education.
(f) When any money shall be borrowed under the provisions. of this law, the same shall be paid over to the Treasurer of the County Board of Education and become a part of the public school fund of said County anc:l the same shall be by the Treasurer of the
35

County School Fund pa.id out on the order of the County Board of Education.

SECTION 23 . It shall be unlawful for any County Board of Education to make any contract involving the expenditure of funds in excess of the authorized budget for the current school year.

SECTION 24. Admission to all public schools shall be gratuitous to all children between the ages of six and eighteen years inclusive, residing in the school attendance districts in which the schools are located, provided, however, County Boards of Education may provide for admission gratuito~sly to regular and special classes any Person over eighteen years of age; or said Board may charge reasonable tuition for such persons more than eighteen years of age.

Colored and white children shall not attend the same school; and no teacher receiving or teaching white and colored pupils in the same school shall be allowed any compensation at all out of the public school fund.

SECTION 25. In special cases to meet the demand of conven-

ience, children residing in one 'attendance district may, by express

permission of the County Board, attend the public school of another

school attendance district, and whep. a public school is located near

a county line, children from an adjoining county shall be permitted

to attend the school; provided, such children reside nearer such

school or said school is more accessible to the residences of such

children than any public school in the county of their residence. In

such cases the teachers shall report separately the_pupils from each

county, but make the reports to the superintendent of the county in

which the school is located. They shall be employed by and receive

their compensation from the Board of. Education of the County in

which the school is located; such County School Superintendent shall

report to the superintendent of the other county, who shall pay from

the public school funds of his county to the public school funds of

the county in which the school is lo cated the proportiona~e amount

paid for maintenance of said school in the ratio of the attendance

from his county to the whole attend~nce . Arr~ngement for attend-

ance upon county line schools is under the authority and direction

of the superintendents concerned representing their respective

boards, and provisions shall be made for such children just as for

others, provided that where a building or buildings are located in two

or more counties, County Boards of Education in such counties may

agree upon a plan of operation.



SECTION 26. As soon as the budget of the County Board of Education .providing for continuing the public schools for at least

36



eight months in the year shall have been app,roved by the State Board of Education, said county shall then be deemed and held entitled to receive its proportionate part of the state funds.
SECTION 27. When the funds received f:r:om the State Treasurer, any funds raised by local taxa'tion, or any other funds are placed in the hands of the Treasurer of the County Board of Education, he shall be held for all amounts received on his official bond as such treasurer, and shall disburse the same only upon the order of the County Board of Education. Said Treasurer shall ttot be entitled to extra compensation for receiving any funds as herein provided.
SECTION 28. When said public school fund shall be received and receipted for, it shall be the duty of the treasurer of the County Board of Education to receive such fund. He shall keep the same separate and distinct from other funds, and said funds shall be used 'for educational purposes, and none other, and shall not be invested in bonds of this State, or in other stock, except -when investment is necessary to carry out the conditions of an endowment, devise, gift, or bequest.
SECTION Z9. In all cou.nties of this State in which a local tax is, now, or may hereaft.er be levied .for school purposes, throughout the entire county, when one-fourth of the registered qualified voters of such county shall file with the Board of Education of such county, a petition asking for an election for the purpose of determining whether or not bonds shall be issued for the purpose of building and equipping a school house or school ho1.1ses for said county, or for the purpose of purchasing sites andjor buildings to be used for such purposes, or for the purpose of purchasing a site and erecting a school . house or houses thereon, either one or all, it shall be the duty of said ~ounty Board of .Education to fix the amount, denomination, rate of interest, and dates when due, and call such election in terms of law now provided or which may hereafter be provided for a county issue of bonds, except as herein otherwise provided. Said County Board of Education shall order such election to be held at the various "polling places throughout the county, of which they shall give notice by publication thereof once ~ week for four weeks previous to said election in the newspaper in which the legal advertisements of said county are published. None but registered qualified voters residing within the .county shall be permitted to vote in said election. The Tax-Collector shall furnish a certified list of registered voters in such county to the managers of the election ten days previous to said election, and after the sanie has been purged by the Board of Registrars as now provided by law in cases of special elections. The ballots cast shall have written or printed thereon, "For School House
37
.. . J .

Bonds;' and "Against School House Bonds." ThE! Managers of the election including such clerks as may be necessary, shall be appointed by the Ordinary. The cost of said election shall be paid out of the county treasury, on the requisition of the Ordinary. The polls shall remain open during the hour-.s as now fixed by law for general elections; the returns: of the -election, including all ballots cast, tally sheets, voters lists' and other papers relating to the election shall be made to the Ordinary, who shall on the day following said election consolidate the vote and declare the result. In the event that twothirds of the votes cast at said election shall be in favor of "School House Bonds", and such two-thirds is also a majority of all of the voters qualified to vote in said election, then the bonds shall be issued and sold, under all of the regulations now provided by law for other county bonds; the proceeds shall be turned over to the Treas~ urer of the County Board of Education in trust for the purpose or purposes aforesaid to be paid out by him on the order of the County Board of Education. For the purpose. of taking care of and paying the principal and interest of these bonds the County Board of Education shall recommend and the Board of County Commissioner~ or Ordinary, as the case may be, shall levy upon the property subject to taxation in the comity, S'(l.Ch tax as may be necessary to provide a sinking fund for the retirement of said bqnds, and for paying the principal thereof and the interest thereon; this to be in addition to the general tax for the maintenance of the schools of said county.
SECTION 30. Whenever two or more local school districts in any county of this State, or all of the school districts in such county, shall desire to consolidate, and there is an outstanding bonded indebtedness in one or more of .said districts, the procedure shall be substantially as follows: In each local school district affected a petition signed by not less than one-fourth of the qualified voters of such district, shall be presented to the County Board of Education asking that an election be called in said district for the purpose of determining whether said district shall be consolidated with some other named district or districts. When petitions from two or more districts, which it is proposed to consolidate into one district, signed as herein provided, shall have been presented to said County Board of Education, and an election recommended by the Board of Trustees of the respective districts, it shall be the duty of said County Board of Education to call an election in each of such districts. Notice of such election shall be published in the official gazette in said county once a week for at least four weeks next preceeding the date of such election. Said election shall be held in each district separately and shall be consolidated separately. Only qualified voters of said district shall be entitled to vote. A list of the qualified voters of each district shall be prepared by the County Tax Collector, with the as-
38

:sistance of the County School Superintendent, and, after the same has been purged by the County Board of Registrars as in special ~lections in this State, shall present same to the County Board of Education at least ten days befpre the said school election, and said 'County Board of Education shall appoint in each district a sufficient number of election managers and clerks~ -~d shall place said list in the hands of said election managers prior to the time of the election. The polls shall be opened at nine o'clock, A. M. and be held open until four o'clock, P. M. The ballots cast shall have written <lr printed thereon, "For Consolidation with Bonded District" and "''Against Consolidation with Bonded District".
The costs of said election shall be paid, out of the county school fund. The returns of the election, including all ballots cast, tally -sheets, voters lists, and other papers relating to the election shall be made to the County Board of Education: and the said County Board of Education together with the Board of Trustees of said districts shall on the day following said election consolidate the vote and de_clare the result. In the event that not less than two-thirds of the qualified voters in any such district shall vote in favor of consolidation, then such district shall be declared consolidated with such other district as has under the same conditio'{i's voted favorably to such consolidation. But each district, in order to become consolidated with any other district, when either of said districts has an outstanding bonded indebtedness, shall have voted in favor of consolidation, as herein provided. Elections in any dist:t:ict for the purpose of consolidation, when the same has been voted upon and failed-to carry, may not be again held within twelve months. But an election for the purpose of consolidating with some other district may be held, under the same provisions, at any time. When said two or more districts have been consolidated, agreeable to the provisions herein, then and thereafter the bonded indebtedness outstanding against any one or more of said districts shall be a valid outstanding indebtedness of the entire district as consolidated, and taxes for the payment of said indebtedness shall thereafter be assessed and levied upon all property in said new district accordingly. When such districts have consolidated, then a Board of Trustees for such new district shall be chosen for same in the manner and for the purposes provided elsewhere in this Act, and for no other purposes. For the purposes of this section the County Board of Education shall be ex-officio the Board of Trustees for all territory and districts in their respective county, except in such districts where there is an outstanding indebtedness as aforesaid.
COUNTY SUPERINTENDENT OF SCHOOLS
SECTION 31. (a) There shall be a County Superintendent of
39


Schools in each county in this State who shall act as the secretary.

treasurer, and chief executive officer of the County Board of Edu-

cation. He shall be chosen as provided in Section 11 of this Act, and

shall hold office for a term of from one to three. years at the discre-

tion of the County Board of Education. Provided, that all County

Superintendents of Schools holding office at the time when this Act

shall take effect, shall continue to serve to the end of the term for

which they were elected, and until their successors qualify, unless

removed, as hereinafter provided, and they shall also be eligible for

re-appointment. Thereafter, the County School Superintendent shall

be appointed for a definite term and for not Jess than one nor more

than three years.

-

(b) Before entering upon the discharge . of his official duties~ said County Superintendent of Schools shall take and subscribe to. the same oath required of the other officers of this State.

(c) The CountY' Superintendent of Schools as Treasurer of the County Board of Education must give bond with an approved. surety company payable to the County Board of Education to cover liability for funds entrusted to his care including county school funds. and state school funds held in trust by the County Board of Education. This bond must be filed with the Ordinary, and a copy recorded on the Ordinary's records; and it shall be the duty of said Ordinary to send a certified copy of said Superintendent's bond to the State Superintendent of Schools; which copy shall be recorded and kept. on file at the State Department of Education. The premium of said bond shall be paid out of the funds of the County Board of Edu- cation.
(d) As Treasurer of the County Board of Education, the Coun-ty Superintendent of Schools shall designate the depository or depositories of all funds entrusted to the care of the County Board of" Education.
SECTION 32. The County Superintendent of Schools shall de-vote his entire time to public school business, and shall receive such compensation as the County Board of Education shall direct, provid-ed that no County Superintendent of Schools appointed to office' un- der the provisions of this Act, or continuing in office under the provisions of Section I of this Act, shall be paid an annual. .salary of less than eighteen hundred ($1,800) dollars, and the State of Georgia shall, as hereinafter provided, pay out of the State School fund to the treasurer of the County Board of Education one-half of theannual salary of the County Superintendent of Schools, up to and. including an annual salary of three thousand ($3,000) dollars. County Boards of Education may, at their discretion, pay to a County-

40

Superintendent of Schools an annual salary in excess of three thousand ($3,000) dollars, but the State shall not _share in the part payment of said excess.
SECTION 33. The County School Superintendent may be reremoved from office before the expiration of the term for which he was elected by a majority vote of1 the County Board of Education for inefficiency, incapacity, neglect of duty, or malfeasance or corruption in office; provided, that any superintendent so removd shall have the right of appeal from the action of the County Board to the State Superinten-dent of Schools and from the State Superintendent of Schools to the State Board of Education.
SECTION 34. The County Superintendent of Schools, as the executive officer of the County Board of Education, shall see that the laws relating to the public schools, the enacted and published by-laws, rules and regulations of the State Board of Education, and the rules and regulations and the policies of the County Board of Education are carried into .effect. Said Superintendent shall have authority to administer oaths, and to examine witnesses, urider oath, in any part of the county on any matter pertaining to the public schools. of the county, and to cause the examination to be reduced to writing. Any person who, having been sworn or affirmed by him to tell the truth, who wilfully gives false testimony, shall be guilty of perjury.
SECTION 35. The County authorities of the different counties of this State shall furnish the County School Superintendent thereof an office, and necessary office equipment, in the courthouse or in some other place acceptable to the County Board of Education; and the County Superintendent shall keep therein a supply of such blanks as may be furnished or required by the State Superintendent of Schools for distribution to principals, teachers, and other employees. He shall also keep in his office all records pertaining to the County School System that may be required by the State Board of Education andj or the County, a record and description of each school attendance district in his county, making such changes and alterations in the boundaries of the same from time to time as the action of the County Board of Education may require, and he shall keep an up-todate map of each school attendance district of his county.
SECTION 36. The County Superintendent of Schools, acting under the rules and regulations of the County Board of Education, shall be responsible for the administration of the office of the County Superintendent of Schools. He shall nominate, for appointment by the County Board of Education, all the professional, clerical, statisti-
41

cal and stenographic assistants of the office; he shall recommend their removal for immorality, misconduct in office, incompetency, inefficiency, insubordination or wilful neglect of duty, and he shall see that all regular appointees of the County Board of Education devote their entire time to their duties. But the qualifications of all appointments, their tenure and compensation, except as herein provided, shall be determined by the County Board of Education.
SECTION 37. The County Superintendent of Schools shall nominate, for appointment by the County Board of Education, all members of his offiCial staff, all principals, teachers, assistants, and other school employees; shall assign them to their positions in the schools, transfer them as the needs of the schools require; recommend them for promotion; suspend them for cause and recommend them for dismissal.
SECTION 38. The County Superintendent of Schools, as executive officer of the County Board of Education, shall recommend for approval and adoption by the Board educational policies to promote the educational interests of the county and the rules and regulations for the conduct of the schools. He shall call and conduct conferences with principals, teachers, attendance officers, and other interested citizens. He shall recommend such plan for laying out school attendance districts as will best serve the interests of the entire county and shall submit same for approval and adoption by the County Board of Education.
SECTION 39. The County Superintendent of Schools, subject to the provisions of this Act, shall organize and attend county meetings for teachers, advise teachers as to their further study, profes sional reading, general professional improvement, and assist parents and other citizens to acquire a knowledge of the aims and work of the schools.
SECTION 40. The County Superintendent of Schools shall visit the schools, observe the management and instruction, and give suggestions for the improvement of the same. He shall advise with principals, teachers, and other interested citizens, and shall endeavor in ,every way to promote public interest and improve the school conditions of the county.
SECTION 41. The County Superintendent of Schools, subject to the provisions of this Act and the rules and regulations of the State Board of Education, shall direct the taking of a school census of the county. He shall cause the census to be re-taken in whole or in part when directed to do so by the State Superintendent of Schools.
42
....
I'

SECTION 42. The County Superintendent of Schools shall, as secretary of the County Board of Education, be present at the meetings of the Board except when his own tenure, his salary, or the administration of his office is under consideration, and record in a book, to be provided for the purpose, all their official proceedings, which shall be a public record open to the inspection of any person interested therein, and all such proceedings, when so recorded, shall be signed by the chairman and countersigned by the secretary.
SECTION 43. The County School Superintendent shall be and constitute the medium of communication between the State School Superintendent and all officers of the county school system. He shall be the agent of the County Board of Education in procuring such school furniture, apparatus, and educational requisites as they may order, shall distribute textbooks as herein provided, and shall see that none but the prescribed textbooks are used by the pupils; shall audit all accounts before an application is made to the County Board of Education for an order for payment; he shall procur a book in which he shall keep a record of his official acts, which, together with all the books, papers, and property appertaining to his office, h e shall turn over to his successor.
SECTION 44. The County Superintendent of Schools shaH prepare an annual school budget and submit it to the County Board of Education for approval and adoption. When adopted he shall forward copies of same, on or before August first, in each year, to the State Superintendent of Schools. He shall take the initiative in presenting the annual school budget to the public and shall in every way seek to secure adequate funds for the support and development of the public schools of the county.
SECTION 45. The County Superintendent of Schools, acting as the executive officer of the County Board of Education, shall conduct ail correspondence, receive all reports from principals, teachers, and other school employees, and shall see that all reports are properly made and submitted. It shall not be legal to make final payment to any teacher or other school employee until complete reports have been made to the County Superintendent of Schools. He shall prepare, or cause to be prepared, and submit to the Cou~ty Board of Education for approval and adoption, all reports required of that Board by the State Superintendent of Schools, and he shall prepare, or cause to be prepared, on or before August first, in each year, and submit for approval and adoption by the County Board of Education, an annual report addressed to the people of the county.
43
i
.. .

CHAPTER III
TO PROVIDE FOR EQUALIZATION OF EDUCATIONAL OPPORTUNITY
SECTION 1. The General Assembly shall provide for the Equalization of Educational Opportunity in the public schools of the .State. Equalization shall be upon the basis of a minimum educational program for the entire State as follows:
(1) Every public school shall be operated for a period of not less than eight school months during each school year. Twenty school days shall constitute and be treated as a school month in the public schools.
(2) Every teacher in the public schools shall receive a salary not less than the minimum salary schedule based upon qualifications as herein provided.
SECTION 2. (a) The General Assembly shall make sufficient .appropriation to pay the salaries of all teachers in the public schools of the State for eight school months during each school year, according to the salary schedule herein provided:
(b) Pursuant to the amendment to Article 7, Section 3, Para.graph I of the Constitution of this State, authorizing the contraction by or on behalf of the State of a debt in an amount of $3,500,000.00 for the purpose of paying the public-school teachers of the State, the Governor is hereby authorized and empowered to execute a note or notes for such amount and for such time of payment as the con,dition of the Treasury may demand, at any time in his discretion, for the purpose of paying the public school teachers of the State. The aggregate of said note or notes shall no't at any time exceed the aforesaid constitutional limit, and said note or notes shall not mature later than F'ebruary of the year succeeding the time of the .execution thereof, and the principal amount so borrowed shall be repaid each year out of the common school appropriation, and the interest thereon shall be paid each year out of the general funds of the State, accrued during the year of issue of said notes. Said notes .shall be signed by the Governor and countersigned by the Comptroller-General and Secretary of State.
(c) The Governor is further authorized and empowered, at :any time in his discretion, to impress, use, and employ for the pay-
45

ment of public school teachers of the State, and without payment of interest thereon, any funds in the Treasury which may have been allocated for any special fund or purpose, so as to avoid the necessity of increasing the public debt of the State and the payment of interest. Provided, however, that it shall be the duty of the Governor, when any fund shall be so used to replace said fund or funds by borrowing the same, if necessary, at such time as will not interfere with the expenditure for the purpose appropriated of any special or allocated fund or funds so drawn upon by the Governor by virtue of the authority granted in this Act.
(d) The Governor shall not during any calendar year impress, use; or employ any funds in the Treasury allocated or belonging to any special fund or purpose in excess of the borrowing power of the Governor under this Act.
(e) Provided, however, that any County Board of Education may operate the schools of the county for a period of time longer than eight months, and may, within its discretion, pay salaries in excess of the salaries provided in the salary schedule outlined in Section 8 of this Act, but such excess salaries must be paid out of funds of the County in which such schools are located. In no case shall the salaries paid by the County Board of Education be less than those provided in the State Salary Schedule, except that at the discretion of the State Board of Education, the salary schedule for negro teachers may be set at not less than seventy per cent of the salary schedule set forth in this Act. Provided further, that in any county paying such excess salaries, the salary schedule for that county must be uniform.
SECTION 3. The State Board of Education shall be charged with the responsibility of enforcing the provisions of this Act.
SECTION 4. For the purpose of carrying out the provisions of this Act the several counties of the State shall be the local units of administration, and the County Superintendents of Schools and the County Boards of Education of the several counties shall execute the provisions of this Act and the rules hereinafter to be promulgated by the State Board of Education in their respective counties, or such other units of administration as may be herein set up. Provided, nevertheless, that in the counties of Bibb, Chatham, Glynn, and Richmond in which counties tli'e County Boards of Education are set up under the provisions of the Constitution, said county boards in receiving state funds shall follow the budgetary procedure set forth in this Act.
SECTION 5. The school year shall begin on the first day of July and end on the thirtieth day of Jun'e each year. On, or before,
46

the first day of August after this Act goes into effect, or on such <Other dates as may be prescribed by the State Board of Education, and annually thereafter, the County Board of Education of each and every county of the State shall file with the State Board of Education the following budgets:
(1) A budget report of the previous school year containing the following:
(a) The school census of all the children of the county between the ages of six and eighteen years, the enrollment and average daily attendance of all children; the names of the teachers, certificates held and the salaries p~id, white and colored separately, school by school, elementary schools and high schools, including vocational, trade, industrial, and other special classes, separately.
(b) A report of the assessed valuation of all property in the county and the amount of school revenue realized from taxes on said property, and the rate of taxes levied for schools in said county or in any subdivision thereof, and the monies, the source and amounts received from any other source for the support of schools in the county or subdivision thereof.
(c) A report, item by item, of the expenditures for the administration of the schools in said county, the salary and expenses of the County Superintendent, including office expenses, clerical assistance; mileage and per diem of the County Board of Education; transportation, capital outlay, debt service, and any and all other items of expense of running the schools not heretofore set forth, and such other items of expense as may be prescribed by the State Board of Education.
(2) A budget estimate for the ensuing school year. This budget estimate shall contain:
(a) A current expense budget for the operation of an eight months' school term; :which budget shall not be effective until approved by the State Board of Education.
(b) A capital outlay budget, a budget for a term beyond eight months, and a debt service budget, and all other items of expense for running the schools of the county, which shall
47

not be effective until approved by the State Board of E d u c a t i o n _.
SECTION 6. For the purpose of equalization in this Act two items shall be considered:
1. General Control
2. Instru ction
But, these shall be considered in light of all the budget items, all of which must be approved by the State Board of Education before any county shall be eligible for aid under this Act.
Objects considered under the General Control shall be:
(a) Salary of County Superintendent as fixed under the provisions of this Act.
(b) Travel allowance of the County Superintendent according to rules to be provided by the State Board of Education.
(c) Clerical assistance in the office of the County Superintendent according to standards to be fixed by the State Board of Education.
(d) Office expenses of the County Superintendent according to standards to be fixed by the State Board of Education.
(e) Per diem of the County Board of Education as provided by law.
The Objects considered under Instructional Service shall be:
(a) The cost of instruction of elementary child:ren, white and colored separately, as fixed by this Act.
(b) The cost of instruction of high school children, white and colored separately, as fixed by this Act.
(c) The cost of principals, white and colored separately, as fixed by this Act.
(d) Teacher of Ho:rii.e Economics, teacher of Agriculture, and of Trades and Industries in accordance with the provisions of the Federal Act, and as herein provided.
(e) Such other items of instructional service as may be found necessary for the efficient operation of the schools according to rules provided by the State Board of Education.
48

SECTION 7. The qualifications and the salaries of the principals of schools, white and colored, shall be:
No person shall be eligible to be principal of a school who does not hold a school certificate, such as may be prescribed by the State Board of Education, or such other regulation as may be prescribed by the State Board of Education. Nor shall any person be considered a principal under the provisions of this Act in a school employing fewer than ten teachers; provided, however, that in schools having fewer than ten teachers one of said teachers may be designated as the principal and may be paid ten per cent above the State Salary Schedule for the certificate held.
SECTION 8. (a) The salaries to be paid to all teachers, supervisors, and superintendents not specifically provided for herein shall be in accordance with a uniform, graduated schedule herein provided which shall be adopted by the State Board of Education or other schedule which said Board may adopt.

Basic salary schedule: Type of Certificate

Monthly Salary

Life Professional College

------------------ $125.00

Professional College ----------------- --------------- 125.00

Non-professional College ------------------------------ 100. 00

Life Professional Normal ---------------------------- 100.00 Life Professional Junior College ________________ 100.00

Professional Normal ------------------------------------ 100.00 Prof essional Junior College __________c ________ ___ __ 100.00

Provisional Normal -------------------------------------- 75 .00 Provisional Junior College____________________________ 75.00

General Elementary -------------------------------------- 60.00

County License ------------------------------------------- 40.00

Salary For Eight Months
$1,000.00 1,000.00 800.00 800.00 800.00 800.00 800.00 600.00 600.00 480.00 320.00

(b) The salary schedule for teachers of vocational agriculture shall be the same as for teachers of academic subjects with equal training and experience; provided, that the salary may be paid for twelve months, if service is rendered for that period of time; and provided that in addition to the salary the teacher of vocational agriculture shall have an allowance for travel from which he shall be reimbursed for actual expenses incurred in the discharge of his duties not in excess of $30.00 per month.

The salary schedule for teachers of vocational home economics . shall be the same as for teachers of academic subjects with equal training and experience; provided that these teachers may at the discretion of the .County Board of Education be employed for a longer

49

period than the length of the school term if and when it seems ad-
1
visable.
The salaries of trade, industrial, and continuation school teachers, when employed in the high school, trade school, opportunity school, or other types of day schools shall receive the same monthly salary as teachers of academic subjects with the same training and experience.
The salaries of all part-time and evening school teachers who are employed on an hourly or class basis shall be fixed by the Board of Education at a figure in keeping with the salaries of the teachers in the full-time schools and shall not exceed $5.00 per day. Teachers of vocational agriculture and vocational home economics may receive additional compensation for teaching part-time and evening classes.
Federal funds allotted to Georgia under the Smith-Hughes and other Vocational Education Acts and State funds appropriated for vocational education shall be apportioned as additional aid to the counties maintaining vocational classes and departments, subject to the rules and regulations of the State Board of Education.
SECTION 9. On the basis of the budget reports and such other information as the State Board of Education shall require, such as maps showing the organization of the county school system, the location of all schools and the condition of roads leading to same, the State Board of Education shall df' terminefor each and every county, by schools and races, the number of elementary and high school teachers to be included in the State School Budget, the number. of principals to be allowed, and the cost of all items of general control. The number of teachers to be allowed shall be based, subject to the rules and regulations of the State Board of Education, upon the following teacher load:
ELEMENTARY SCHOOLS
30 to 35 pupils (A.D.A.) _________,______________ 1 teacher 35 to 65 pupils (A.D.A.) ------------------------2 teachers 65 to 100 pupils (A.D.A.) ------------------------3 teachers 100 to 135 pupils (A.D.A.) _______________________-4 teachers 135 to 170 pupils (A.D.A.) ------------------------5 teachers
and in like manner, one additional teacher for each additional thirtyfive elementary pupils; provi.ded, however, that wherever geographi~ cal conditions make it impossible to follow this 'schedule the State
50

\

Il~ i~I IU1 ~1 ~1 1~il l lil ]~]~i~ l l
3 2108 05339 4147
7~Boa- r-d o..f - E-duca' t-io--n - s. ha-ll - hav"e -a--ut- h--o--r'it--y 't-o - p..er- mit .---sc' h-oo"ls to . b_,e - o"p-' erated -with -fewer than -thirty -pupils.

-HIGH -SCHC)OLS
:30 fb 35 :pupils (A.D. A.:)-------~~~~~~,-~----:~---~1 fea~her . 35 ,to . ?? )1lpils ,(A,p.A) ---~-------------------,.2 f~ach~r~
65 to 100 pupils (A.D.A.) ----=-~-~=------------~3 teachers
=1oo to ~13-5 pupils (A: D.A~) - --~---=---~---- ______:4t=eacliers

2ahd cine 'teach'e'r for each additional 'thirty puplls, .With th~e hrffuber
'of .g-rades :per teacher 'not =exce-eding 't-wo.

sEcTION io. Affer 'the -l:iird.g.e5 s~l:imitted. :t'o the state -s~h-obl

~Superintendent by 'th~ various ccou_nty Boar4il o'f Ed1.1Cation 'as re-

rq.i:iired by this Act ~have been properly vedfi_'ed by 'the State..,Sup~ri-i-1-

'tendent 'of Schools and have been approved by_the State Board o'f

for .t:he. -Ed.uca:tron, they 'shall become t he -oper~til:lg budgets

p~blic

One ~schoo ls of 'tne 's'i:weral counties of the State.

cop_y :of the budget

qe _ 'o-f ea. c'h co-unt. y s-h-all ' ke-p~ on-- fil0~ by t' he' Sta't-e .. Scho) ol S.~.. pe- rin,-
oii fendent; one shaH he filed with the C6unty Board of Educati9n; and
'one :Shall be fifed with .the ~State Departme_n't of Audit.~. . the

'order of the State -Board of E'ducat!on the Treisurer 6f the State

1fiha4i 'j)ay 'ciu't 'of funds provide-d by the_ General As:;;emb1y for . that

purpose, 1:o the treasurer of each i-espective County Board of Edu:ci\:

't4on the amounts designated in iaid bu:dget.

5i

'l
/
\