Georgia State School Items, 1933 May

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M.D. COLLINS
STATE SUPERINTENDENT OF SCHOOLS

Volume X.

MAY, 1933

No.4

CEORCIA
SCHOOL
LAWS
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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, GEORGIA

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[
Copright 1933, By
THE HARRISON COMPANY
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The General Assembly, at the 1933 session, adopted a new code, to be known as the Code of 1933. The Act provided that there should be included in the code all general laws adopted since the approval of the manuscript by the Code Commission, including the Acts passed at the 1933 session. The manuscript is being rapidly completed and the new code will soon be turned over to the printer for pub-lication.
The title "Education" (Title 37) as it will appear in the new code, is divided into several parts. Part I relates to the Board of Regents and the University System. Parts II to VI include the School Code of 1919 and the several Acts amendatory thereof, as well as other Acts relating to education in its various phases which were not included in the School Code.
In order to make the laws governing the common school system available to those interested therein, we have undertaken to publish in this pamphlet Parts II to VI of the title "Education" as it will appear in the new code, except that upon final revision of the manuscript such sections appearing herein as it may be determined have been superseded will not be included, and omissions or other inaccuracies will be corrected.
There have been included in the pamphlet also the prov1s1ons of the Constitution relating to education except those of purely local application relating to a single county or municipality. The School Code of 1919, as adopted by the legislature, included the constitutional provisions relating to education. In the new code these will not be repeated in the title "Education," but will be found only in the title on the Constitution of Georgia. The paragraphs printed herein include the several amendments adopted since the School Code of 1919.
Title 37, Education, is not a revision of the school laws, but is rather a compilation of them, omitting provisions which have been superseded or repealed by later legislation, and bringing together all the statute law relating to the school system. A revision of the School Code is highly desirable, but the Code Commission had no authority to make such !L revision. It will oe remembered that a commission, appointed to revise the School Code, submitted a comprehensive report at the last session of the General Assembly, but it was not adopted.
June 5, 1933.
ORVILLE A. PARK, HARRY S. STROZIER,
Compilers of The Code of Georgia 1933.
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PROVISIONS OF THE CONSTITUTION RELATING TO EDUCATION.
ARTICLE 7. FINANCE, TAXATION AND PUBLIC DEBT.
Section 1.
CHAPTER 22-49. POWER OF TAXATION.
22-4901. [ 6551]. Par. ;1. Taxation, how and for what purposes exercised. The powers of taxation over the whole state shall be exercised by the General Assembly for the following purposes only:
225004. [ 6555]. Par. 3. Poll-tax. No poll-tax shall be levied except for educational purposes, and such tax shall not exceed one dollar / annually upon each poll.
Section 3.
CHAPTER 22-51. STATE DEBT.
22-5101. [ 6558]. Par. 1. Debt, for what contracted. No debt shall , be contracted by or on behalf of the state, except to supply such temporary deficit as may exist in the treasury in any year from necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection, and defend the state in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall. lYe repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased / in the sum of $3,500,000 for the payment of the public-school teachers of the state only.. The principal amount borrowed for payment of teachers to be repaid each year out of the common school appropriation, and the interest paid thereon to be paid each year out of the general funds of the state.
As amended by Acts 1911, p. 49. Ratified Oct. 2, 1912. 1926 Ex. Sess., p. 31. Ratified Nov. 2, 1926.
Section 6.
CHAPTER 2254. PURPOSES OF TAXATION BY COUNTIES AND CITIES.
22-5402. [ 6562]. Par. 2. Taxing power of counties limited. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, ex~ o due tiona! purposes; to build and repair the public buildings and bridges; to maintain and sup-
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port prisoners; to pay jurors and coroners, and for litigation, quarantine, roads, and expenses of courts; to support paupers and pay debts hereto- fore existing; to pay the county police, and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, disease, and health.
As amended by Acts 1908, p. 33. Ratified Oct. 7th, 1908, 1910, p. 45. Ratified Oct. 5, 1910. 1926, Ex. Sess., p. 30. Ratified Nov. 2, 1926.
ARTICLE 8. EDUCATION.
Section 1.
CHAPTER 22-66. COMMON SCHOOLS.
22-6601. [ 6576]. Par.. 1. Common schools. There shall be a thorough system of common schools for the education of children, as nearly uniform as practicable, the expenses of which shall be provided for b-y taxation, or otherwise. The schools shall be free to all children of the state, but separate schools shall be provided for the white and colored races.
As amended by Acts 1911, p. 46. Ratified Oct. 2, 1912.
Section 2.
CHAPTER 22-67. SCHOOL COMMISSIONER.
22-6701. [ 6577]. Par. 1. State School Commissioner. There shall be a State School Commissioner, elected by the people at the same time and manner as the Governor and State-house officers are elected, whose term of office shall be two years, and until his successor is elected and qualified. His office shall be at the seat of government, and JJ.e shall be paid a salary not to exceed two thousand dollars per annum. The General Assembly may substitute for the State School Commissioner such officer, or officers, as may be deemed necessary to perfect the system of public education.
As amended by Acts 189.4, p. 34, Ratifie d Oct. 7th, -1896.
Section 3.
CHAPTER 22-68. SCHOOL FUND.
22-6801. [ 6578]. Par. 1. School Fund. The poll-tax, any educational fund now belonging to t9-e state (except the endowment of, and debt due to, the University of Georgia), a special tax on shows and exh-ibitions and on the sale of spirituous and malt liquors, which the General Assembly is hereby authorized to assess, and the proceeds of any commutation tax for military service, and all taxes that may b-e assessed on such domestic animals as, from their nature and habits, are destructive to other property are hereby set apart and devoted for the support of common schools.
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Section 4.
CHAPTER 22-69. EDUCATIONAL TAX.

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22-6901. [ 6579]. Par. 1. Local taxation for public schools. thority is granted to the counties and municipal corporations, upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits by local taxation. The proper county authorities whose duty it is to levy taxes for county purposes in this state shall, on the recomme~dation of the board of education, assess and collect taxes for the support of public schools under its control not less than one nor more than five mills on the dollar of all taxable property of the county outside of independent local systems, which shall be distributed equitably according to the school population, tax values, the number of teachers and their grade of license, among the public schools therein. An additional levy to that already allowed, 1:\,0t to exceed five mills, shall be permissible in independent local systems, municipalities or school districts on a two-thirds vote of those voting. No additional election shall be required to maintain any local school tax now in existence in districts, counties, or municipalities, provided J this paragrap.h shall not apply to counties having a local school system of taxation adopted prior to the 9onstitution of 1877.
[Amendment relating to Pierce County omitted.]
Provided also, that authority is hereby given to two or more local school districts, any one or more of which may have incurred a bonded indebtedness, to consolidate upon the condition that such bonded indebtedness outstanding shall be assumed by the entire district as consolidated; provided, however, before such consolidation shall become effective, the same shall be approved by the vote of two thirds of the qualified voters of each district affected, at separate elections held for that purpose on the recommendations of the respective boards of trustees, under the same terms and conditions as to advertisement as bond elections by school districts, the tickets for said elections to have written or printed thereon, "For Consolidation with Bonded District," or "Against Consolidation with Bonded District;" and in the event said elections result in favor of said consolidation, the result shall be so declared by the board of trustees of said districts, and thereafter the indebtedness outstanding against any one or more o'f said districts shall be valid outstanding indebtedness of the district as consolidated, and taxes for the payment of said indebtedness shall be levied accordingly. Provided, however, county boards of education, independent school systems, and local school districts may contract with each other for the education, transportation, and care of children of school age.
As amended by Acts 1903, p. 23. Ratified Oct. 5, 1904, Acts 1919, p. 66. Ratified Nov. 2, 1920.
Acts 1931, p. 103. Ratified Nov. 8, 1932. Acts 1931, p. 105. Ratified Nov. 8, 1932.

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Section 5.
CHAPTER 22-70. LOCAL SYSTEMS.

22-7001. [ 6580]. Par. 1. Local schools not affected. Existing local

school systems shall not be affected by this constitution. Nothing con

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tained in first section of this Article shall be construed to deprive schools

in this state, not common schools, from participation in the educational

fund of the state, as to all pupils therein taught in the elementary

branches of an Englis.h education.

Section 6.
CHAPTER 22-71. UNIVERSITY OF GEORGIA.

22-7101. [ 6581]. Par. 1. State University. The trustees of the

University of Georgia may accept bequests, donations, and grants of

land or other property for the use of said university. In addition to the

payment of the annual interest on the debt due by the state to the uni-

versity, the General Assembly shall from time to time make such ap-

propriations to the University, and high schools, as the condition of the

treasury authorizes.

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As amended by Acts 1920, p. 32. Ratified Nov. 2, 1920.

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TITLE 37. EDUCATION.
PART II. THE PUBLIC SCHOOL SYSTEM.
CHAPTER 37-7. STATE BOARD OF EDUCATION.
37-701. Members. Appointment. Qualifications. 37-702. Oath of members and meetings of board; compensation. 37703. Powers and duties of board. 37-704. School districts, distribution of school fund and normal
instruction. 37-705. An advisory and appellate body. 37-706. Gifts from, or offer of gifts by, school book publishers
or their agents.
CHAPTER 37-8. STATE SCHOOL SUPERINTENDENT.
37-801. Election. Office. Powers and duties. 37802. Qualifications. 37-803. Bond and oath. 37-804. Secretary and agent of board. 37-805. Duties. 37806. To visit the several counties. 37-807. Misapplication of school funds. 37-808. Annual reports. 37809. To prepare text on civics. 37-810. Disbursement of school funds. 37-811. State school supervisors. 37-812. High school supervisor; qualifications, salary, etc. 37-813. Department of audits and accounts to audit books of
schools. 37814. Salary; clerk; assistants.. 37-815. School year coincident with calendar year. 37-816. Where there are local sc.hool laws. 37-817. Twenty school days a scholastic month. 37-818. Unused school fund. 37-819. Enumeration of school children. 37-820. How enumeration is to be taken. 37-821. New enumeration. 37-822. County institutes. 37-823. Reports from county superintendents.
CHAPTER 37-9. SCHOOL BOOK COMMISSION, REQUIRED INSTRUCTION, UNIFORM TEXT-BOOKS.
37-901. Text-book commission created; how constituted, com pensation.
37-902. Oath of members. 37-903. Uniform text-books. Nothing partisan or sectarian to
be in books.
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37-904. Uniform text-books for common schools. 37-905. Addition to the state course of study. Bible reading. 37-906. Instruction in essentials of United States and state con-
stitutions. Study of American institutions and ideals. 37-907. Buying; publishing; authority to make rules. . 37-908. No authority to adopt books in manner formerly au-
thorized. "Adoption" defined. 37-909. Contracts for printing. Authority of commission. 37-910, Contracts with publishers. Sales to patrons. 37-911. Contracts with publishers. 37-912. Revolving fund, from common school fund, etc. 37-913. Lower grades to be supplied first where funds in-
sufficient. Prices. 37-914.. Books previously adopted, not to be sold for school use. 37-915. Meetings of commission. Requirements as to bids. 37-916. Committee to examine manuscripts. Adoption. Right
to reject bids. Bond may be required of bidders. 37-917. Contracts for not less than 5 years. 37-921. Standard of books. 37-925.. Central depository for distribution of books, etc. 37-926. Distribution. Duties and bonds of county school super
intendents. Prices of books to patrons. 37-927. Use of books other than those adopted unlawful. 37-928. Teacher violating this ' chapter. 37-929. School funds to go only to schools using adopted books.
CHAPTER 37-10. FURNISHING BOOKS OTHER THAN UNIFORM TEXT-BOOKS.
37-1001. Books, how purchased, sold, or furnished free. 37-1002. Filing of copies and list of books with prices. 37-1003. Sworn statement to be filed. 37-1004. Bond of pub-lisher, amount and condition. 37-1005. Approval of bond and new bond after five years. 37-1006. State superintendent to send out list of books. 37-1007. Forfeiture by publisher on failure of duty. 37-1008. Local board's duty as to selecting books. 37-1009. Purchases and payment for books ordered. Free books
and rental. 37-1010. Retail prices of books limited. 37-1011. Second...b.and books; when purchased. 37-1012. Paymenf for vote or influence forbidden. 37.-1013. Non-repeal of certain laws. 37-1014. State board of education to act as State text-book com-
mission in adopting school books; exchange rate-; change of books limited. 37-1015. Applicability of prior laws. 37-1016. Local option as to free school books. Rental price limited.
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37-1017. Indigents to be furnished books free. 37-1018. Duties of county boards of education as to supply of
books and public notice.
CHAPTER 37-11. COUNTY BOARD OF EDUCA'l'ION.
37-1101. School dis tricts. 37-1102. Membership in county boards. 37-1103. Qualifica tions of members. 37-1104. Compensation of members. 37-1105. Certificate of election and remov al. 37-1106. Resignation_ 37-1107. Officers of county boards. 37-1108. Sessions. 37-1109. School term. School property. 37-1110. Powocs of county boards as school court. 37-1111. Five year adoption of text-books. 37-1112. Vaccination of pupils of public sc.hools. 37-1113. Organiza tion. Powers and duties. 37-1114. New districts and powers of board to employ teachers.
Contracts must be in writing. 37-1115. Reports by teachers. 37-1116. Consolidation. 37-1117. Division of school distric;.ts. 37-1118. Rearrangement of districts. 37-1119. Annual appropriation for consolidate d s chools. 37-1120. Transportation of pupils. 371121.. Statement by county superintendents of sums due. 37-1122. Borrowing to pay teachers. 371123. Resolution authorizing loan. 37-1124. Term of loan. 37-1125. Interest. 37-1126. Reports to grand juries. 37-1127. Notes for money. 37-1128. Money, how used. 37-1129. Excessive appropriations. 37-1130. Warra nts in anticipa tion of revenue. 37-1131. Sale of warrants at discount. 37-1132. Ma nual labor schools. 37-1133. Evening schools. 37-1134. High schools. 37-1135. Industrial education in public schools. Department of
industrial education. 371136. School fund. 37-1137. Free tuition, etc. 37-1138. County line schools. 37-1139. County entitled to part of funds. 37-1140. Failure to arrange for schools.
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37-1141. Liability for and distribution of funds. 37-1142. School fund to be kept separate. 37-1143. School property exempt from levy and sale. 37-1144. Extension work in agriculture and home economics. 37-1145. Extension work in agriculture and home economics;
powers conferred. 37-1146. Annual budget to be filed wit.h state department of
education. 37-1147. Classification of receipts and expenditures. 37-1148. Duplicate copies of budget. Approval. Duties of State
superintendent. 37-1149. Extra appropriation to common school fund. Equaliza-
tion fund provided.
CHAPTER 37-12. COUNTY SUPERINTENDENT OF SCHOOLS.
37-1201. Election, term. 37-1202. Terms of county superintendents. Residents of inde-
pendent system disqualified to vote. 37-1203. Vacancies, how filled. 37-1204. Qualifications of county supe.rintendents. 37-1205. &md. 37-1206. Compensation. 37-1207. Oath. 37-1208. Removal frd'm office. Successor. 37-1209. Duties. 37-1210. Examination and suspension of teachers. 37-1211. Seal to be placed upon teacher's license. 37-1212.. Office of superintendent in court house. 37-1213. Who may administer oaths. 37-1214. Report of county superintendents. 37-1215. Examination and license of teac.hers. 37-1216. Schools locally established and maintained. 37-1217. Local, county, and municipal systems. 37-1218. Grading of applicants. 37-1219. Revocation of licenses. 37-1220. Duties of teachers. 37-1221. Vocational studies; certificates.
CHAPTER 37-13. LOCAL TAX FOR PUBLIC SCHOOLS.
37-1301. School districts. 37-1302. Local tax districts across county lines. 37-1303. Failure to lay off districts. 37-1304. Election of trustees. 37-1305. Duties of trustees; bond of treasurer. 37-1306. Local tax election for county. 37-1307. Election expenses. 37-1308. Election for school districts.
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37-1309. Local tax election for municipalities. 37-1310. Election to repeal. 37-1311. Local school systems. 37-1312. School systems in cities and towns. 37-1313. Trustees and secretary; powers and dutles. 37-1314. Tax collector, duties of. 37-1315. Tax returns of citizens. 37-1316. Corporate property subject to taxation. 3T1317. Returns of corporate property and distribution for
taxation. 37-1318. Other provisions made applicable. 37-1319. Secretary and treasurer, reports by, and compensation
of. 37-1320. Bond of trea~urer. 37-1321. Failure to give bond. 37-1322. Method of disbursement. 37-1323. Audit of books and accounts of treasurer. 37-1324. Application of this law. 37-1325. Elections, .how governed. 37-1326. General school laws to be observed. 37-1327. Power to levy and collect taxes. 37-1328. Additional tax levy election. Conduct. 37-1329. Additional tax to be specified. Successive elections. 37-1330. Levy of tax. 37-1331. Election to repeal. 371332. Board of trustees of local school district authorized to
borrow to pay teachers for current year. 37-1333. Resolution to borrow to be recorded in minute-book of
trustees. 37-1334. Chairman of board of trustees with secretary to execute
notes for loan. 37-1335.. Period of loan. Repayment.

CHAPTER 37-14. MERGER OF INDEPENDENT SCHOOL SYSTEMS.
37-1401. Municipality or independent school district authorized to repeal special school law. Procedure, etc.
37-1402. Proceedings after election. 37-1403. Territory formerly included constitutes school district.

CHAPTER 37-15. PAYMENT OF TEACHERS.

37-1501. Governor's authority to make debt to pay teachers.

37-1502. Authority to use funds allocated from special funds to

pay teachers.

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37-1503. Limit of authority.

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CHAPTER 37-16. BUILDING SCHOOL HOUSES IN LOCAL TAX DISTRICTS.
37-1601. Election for bonds to build and equip school houses. 37-1602. Pro~eeds of bonds, how held and used. 37-1603. Bond electiOn. Tax to pay expenses of bonds. 37-1604. High schools; joint building and maintenance. 37-1605. Contract for joint building of hig.h school; approval
and confirmation. 37-1606. Bonds for joint building and maintenance of high school. 37-1607.. Levy of taxes to pay bonds, etc. 37-1608. Exclusiveness of preceding sections as to building high
schools.
CHAPTER 37-17. SPECIAL DAYS.
37-1701. Observance of special days. 37-1702. Temperance Day designated. 37-1703. Programs in schools.
CHAPTER 37-18. INSTRUCTIONS IN ANIMAL, BIRD, AND FISH LIFE.
37-1801. Purposes of Chapter. 37-1802. Public school instruction in bird, animal, fis.h, forest
life, etc. 37-1803. Certification by teachers.
CHAPTER 37-19. HEALTH.
37-1901. Regulations by county boards. 37-1902. Isolation and quarantine in infectious diseases.
CHAPTER 37-20. PHYSICAL EDUCATION AND TRAINING.
37-2001. Course prescribed. Manual. 37-2002. Courses in normal schools. 37-2003. Special teachers.
CHAPTER 37-21. FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST.
37-2101. Payments- for maintenance of schools operated in buildings without fire escapes, etc.
37-2102. Inspection and report by county superintendent or by president of board of education.
37-2103. Minimum safety requirements; escapes on both sides of building.
37-2104. Defects in heating installation.
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CHAPTER 37-22. COMPULSORY SCHOOL ATTENDANCE.
37-2201. Duty of pa rent and guardian. Enrollment and attendance of child. E xcuse for absences.
37-2202. Dutie s of board of education and teachers. 37-2203. Attendance officer. 37-2204. Fines and forfeitures a part of school fund . 37-2205. Publication of law.
PART III. VOCATIONAL EDUCATION.
CHAPTER 37-23. VOCATIONAL EDUCATION.
37-2301. Acceptance of provisions of Act of Congress. 37-2302. Duties of State Board of Education a s to vocational
education. 37-2303. Custodian of funds. 37-2304. Repre senting the state. 37-2305. Extension work agents.
CHAPTER 37-24. VOCATIONAL REHABILITATION OF DISABLED PERSONS.
37-2401. Provisions of Act of Congre ss accepted. 37-2402. Money for vocational rehabilitation. 37-2403. State b-oard. Duties. 37-2404. Gifts and dona tions. 37-2405. Annual appropriation.
PART IV. ILLITERACY.
CHAPTER 37-25. DUTIES, ETC., OF STATE BOARD OF EDUCATION REGARDING ILLITERACY.
37-2501. Duties ; reports; authority to use funds , etc. 37-2502. Rules and regulations.
CHAPTER 37-26. SCHOOLS FOR ILLITERATE ADULTS.
37-2601. Schools authorized. 37-2602. Expenses.
PART XXX. CRIMES.
CHAPTER 37-99. GRIMES.
37-9901. Gifts to school officials by publishers. 37-9902. Officers', etc., failure of duty, punis.hment. 37-9903. Penalty for violating Chapter 37-9. 37-9904. Punishment for furnishing books and supplies. 37-9905. Intent to defraud. 37-9906. Penalty for non-compliance with section 37-2201. Sus-
pension of punishment. Notice. Bond. 15

CROSS REFERENCES
Academy for the Blind: See Title 40, ELEEMOSYNARY INSTITUTIONS. Child labor regulated: See Title 60, INDUSTRIAL RELATIONS. Consolidation of municipal with county management in certain counties:
See Title 237, EDUCATION. Education: See Title 22, CONSTITUTIONS. Funds for payment of teachers: See Title 237, EDUCATION. Georgia School for the Deaf: See Title 40, ELEEMOSYNARY INSTI-
TUTIONS. Georgia ~raining School for Boys; Georgia Training School for Girls:
See Title 87, PENAL INSTITUTIONS. Georgia Training School for Mental Defectives : See Title 40, ELEE-
MOSYNARY INSTITUTIONS. Insurance for teachers in counties having population of 200,000 or more:
See Title 237, EDUCATION. Milledgeville State Hospital Training School for Nurses: See Title 105,
REGULATION OF OCCUPATIONS, BUSINESS AND TRADES. Motor-fuel tax, distribution of proceeds: See Title 100, PUBLIC REVE-
NUE. Purposes for which county taxes may be assessed: See Title 100, PUBLIC
REVENUE. Taxation, how and for what purposes exercised; poll tax; purposes of
taxation by counties and cities: See Title 22, CONSTITUTIONS. See also Title 108, SCHOOLS, CHURCHES, SOCIETIES, ETC., INCOR-
PORATION OF.
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PART II. THE PUBLIC SCHOOL SYSTEM.
Note.-Since the adoption of the Code of 1910, there have been a great number of changes in the public school laws. Sections 1486 to 1488 were repealed by Acts 1911, p. 164. By the Acts 1911, p. 94, ( 1565 (a) to 1565 (aa) of Park's Annotated Code), the public school laws were "revised." By this Act none of the provisions of 1432 to 1551 were expressly repealed, though some of them were undoubtedly repealed and others modified.
By the Acts 1918, p. 225, the legislature appointed a committee to prepare a code of school l aws from t.he existing laws, for adoption or rejection by the legislature of 1919. The code prepared by this committee was adopted by the Acts of 1919, p. 288, which specifically enacted that it should be "substituted for the existing school laws of this State, and all the existing school laws of this State and all laws or parts of laws in conflict therein are hereby repealed." (This provision, codified in the 1922 Supplement of Park's Annotated Code as 1445 (g) and in the 1926 Sup'plement as 1446 (a), is not included in t.his Code.) But see notes under 37-1114 and 37-1313.
Sections 1432 to 1551 and section s 1565 (a) - 1565 (aa) of Park's Annotated Code of 1914 have not been included in this Code, notwithstanding that the provisions of 1523 and 1524, dealing with private schools, and those of 1525 (a)-1525 (w) providing for the establishment, etc., of boards of education in certain counties are not included in t.he school code or any subsequent legislation. The provision of 1446 (a) referred to above seems to justify their omission. It is probable that the latter group is unconstitutional even if not repealed by the school code. See 1525 (a) of Park's Annotated Code and note citing 135 Ga. 265, 69 S. E. 182; 139 Ga. 117, 76 S. E. 747; 140 Ga. 31, 78 S. E. 457.
It seems clear that the expression "all existing school laws" in 1446 (a) of Park's Annotated Code Supplement of 1926 was not intended to embrace the !aws relating to t.he University of Georgia and its branches, the Academy for the Blind, the Georgia School for the Deaf, etc., but was intended to include only laws relating to the common and public schools.
The code of school iaws and amendments are codified in t.he Supplements to Park's Annotated Code as 1432 (a) to 1446 (a) and in this Code as Chapters 37-7 to 37-23.
The sections of the school code codified in Vol. 8 of Park's Annotate d Code Supplement as 1432 (a) to 1432 (i) are provisions of the State Constitution and have been eliminated from this Title. See 22-4901, 22-5004, 22-5402, 22-6601, 22-6701, 22-6801, 22-6901, 22-7001 and 22-7101.
CHAPTER 37-7. STATE BOARD OF EDUCATION.
37-701. [ 1433 (a).] Members. Appointment. Qualifications. There shall be a state board of education composed of six members, as follows:
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The governor, the state superintendent of schools, and four other persons, who shall oe appointed by the governor of the state, two for two years and two for four years, their terms of office thereafter to be for four years each, or until their succes,sors are appointed and qualified.. At least three of said appointees shall be men of practical experience in teaching schools and of high standing in educational work, having at least three years practical experience as a teacher in the s chools of Georgia, and being thoroughly conversant with the operation of rural schools. Should a vacancy occur at any time in said board it shall be filled by the governor: Provided, that the nomination of the governor for membership on the state board of education shall be subject to confirmation by the Senate, and provided further, that an appointment made when the Senate is not in session shall be effective until the legislature convenes and acts on the appointment. No person who is now or has been connected with or employed by a s chool book publishing concern shall be eligible to memb-ership on said state board of education, and if any person shall become so connected or employed after becoming a member of said board his place on said board shall become vacant.
Acts 1919, p. 291.
Cross References.--State superintendent is member of state b-oard, see 37-804. Gifts from school-book publishers prohibited, see 37-706. County boards of education, see Chapter 37-11. Vocational education, see Chapter 37-23. Duties of' State Board of Education regarding illiteracy, see Chapter 37-25.
37-702. [ 1433 (b).] Oath of members and meetings of board; compensation. The said board of education shall take oaths of office and enter upon the discharge of their duties immediately after their appointment. They shall meet in the office of the state superintendent of schools. The governor shall preside over their body as chairman of the board when it is practicable for him to be present, but when he can not be present, they shall select their chairman and proceed with their business whenever a majority of the board is present. The board shall meet at least quarterly in regular session and at any other time when an emergency arises, and they shall be called together by the governor of the state or state school superintendent. The four appointees shall receive as compensation for their services $250.00 per annum .each, which shall be paid out of the state treasury on the warrant of the governor and be allowed their actual traveling expenses in going and returning to their homes, upon submitting a sworn itemized statement, accompanied by proper vouchers, and not otherwise. The total expenses for the four appointees shall not exceed $200.
Acts 1919, p. 292. .
37-703. [ :1433 (c).] Powers and duties of board. The state board of education shall provide rules and regulations for the supervision of all schools in the state. They shall provide the course of study for all
18

common and high schools of the state recmvmg state aid, they shall select and make out a list of text-books to be taught in said schools, which can be changed only every five years; unless the peculiar conditions of any county or community demand certain changes, in which case, the county board, together with the county superintendent, shall make application to the state board suggesting such changes and give their reasons therefor; whereupon if the board sees proper, their request shall be granted, provided, this clause shall in no way affect the present state adoption of books. The board of education shall be the final court of appeal to hear and decide all matters which have been appealed from the state superintendent of schools. They shall determine the necessary office force of the state superintendent of schools, and shall fix the compensation of the same.
Acts 1919, p. 292.
Cross Conferences.-State board of education is school-book commission, see 37-901. Appeal by teacher to state board from county superintendent, etc., see 37-1210. Duties of state superintendent, see 37-805. Appeal by county superintendent of schools and county board of education to state board, see 37-1113. Bond of county superintendent, see 37-1205. Duties, etc., of State Board of Education as to vocational education, see Chapter 37-23.
37-704. .[ 1433 (d).] School districts, distribution of school fund and normal instruction. Each county in the state shall constitute a school district and the public school funds shall be apportioned among the several districts by the state board of education as now provided by law. They shall also provide for normal instruction of teachers in each of the districts, either by institutes or otherwise. They shall have power to compel the attendance of teachers upon such normals and institutes, to provide penalties for non-attendance, to provide for the examination of the teachers of said state, and to grant licenses to those that are qualified who desire a state. or special license.
Acts 1919, p. 293.
Cross References.-Every county a sc.hool district, see 37-1101. Unused school fund, see 37-818. County institute, see 37-822. Local budgets, see 37-1146. Duties of state school superintendent, see 37-805.. Duties of county superintendent of schools, see 37-1209. Disbursement of school funds, see 37-810.
37-705. [ 1433 (e).] An advisory and appellate body. The state board of education shall constitute an advisory body, with whom the state school superintendent shall have the right to consult when he is in doubt as to his official duty, and also a body in the nature of a court to which appeals shall be made from the decisions of the state school superintendent upon any question touching the construction or administration of the school laws, and the decision of the state board shall be final and conclusive. Appeals to the state board must be made through the county superintendent of schools in writing, and must distinctly set forth the question
19

at law, as well as the facts, in the case upon which the appeal is taken. Upon any question involving the construction or administration of the school laws, the con currence of a majority of the whole board shall be necessary in order to give validity to the decision.
Acts 1919, p. 293.
Cross References.-Powers and duties of state board, see 37-703. Of state school superintendent, see 37-805 .
37-706. [ 1433 (g).] Gifts from, or offer of gifts by, school book publishers or their a~ents. No member of the state board of education, or any appointee of said board, or any other person or persons that has the authority of selecting or in any way aiding in the selection of sc.hool books for the schools of Gergia, shall for themselves or any members of their respective families receive any gifts, compensation or remuneration from any school-book publishing .houses, corporations, individuals , or the agents or representatives of either; nor shall any person, publishing house or corporation engaged in the publishing or sale of school books offer to any of said board, or their families or appointees, any gift, compensation or remuneration, directly or indirectly. Should any of the aforementioned publishing houses, corporations or persons engaged in publishing or selling school books offer to any of the aforementioned officers, their families or appointees, any such compensation, remuneration or reward of any kind, it shall be thek duty to report the same to the grand juries of their respective counties.
Acts 1919, p. 294.
Cross References.-Punishment for violation of this section, see 379901 and 37-9902. Sa!) 37-701.
CHAPTER 37-8. STATE SCHOOL SUPERINTENDENT.
37-801. [ 1436 (a).] Election. Office. Powers and duties. The state E~Chool superintendent shall be elected by the people at the same time and in the same manner as the governor and state house officers are elected. A suitable office shall be furnished him at the seat of government. He shall be charged with the administration of the school '!aws, and general superintendence of the business relating to the common schools of the state. He shall prescribe suitable forms for the reports required of subordinate school officers and blanks for their guidance in transacting their official business, and shall from time to time prepare and transmit to them such instructions as .he may deem necessary for the faithful and efficient execution of the school Jaws; and by wh~t is thus communicated to them they s.hall be bound to govern themselves in the discharge of their official duty; Provided, there shall always be an appeal from the state school superintendent to t.he state board of education.
Acts 1919, p. 311. 20

Cross References.-Authority to create state school superintendent, see 22-6701. Provision of constitution as to state school commission, see 22-6701.
37-802. [ 1436 (b).] Qualifications. To render a person eligible to hold the office of state superintendent of schools he shall be a man of good moral c.haracter, of high educational standing, have had at least three years' practical experience as a teacher, or in lieu thereof shall have a diploma from a reputable college or normal school, or shall have had five years' experience in the actual supervision of schools, and be at least thirty years of age.
Acts 1919, p. 311.
37-803. [ 1436 (c).] Bond and oath. Upon entering upon the discharge of his official duties, the state superintendent of schools shall give bond in t.he penal sum of ten thousand ($10,000.00) 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 J:J.is 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. He shall take and subscribe an oath to diligently and faithfully discharge the duties of his office. The bond with certified endorsement thereon shall be filed with the secretary of state, the premium charged for said bond shall be paid out of the treasury of the state.
Acts 1919, p. 312.
37-804. [ 1436 (d).] Secretary and agent of board. The State Superintendent of Schools shall be the secretary and executive agent of the State Board of Education, for which services he shall r eceive two t.housand five hundred ($2500.00) dollars annually.
Acts 1919, p. 312.
Cross References.-Salar y of State School Superintendent, see 37-814. Who are members of State Board of Education, see 37-701.
Notes.-Under the provisions of the above section as enacted by Acts 1919, p. 312, the State Superintendent of Schools was a member of the State Board of Vocational Education (abolished by Acts 1931, pp. 7, 40), of the State Geological Board (abolished by Acts 1931, pp. 7, 13), of the State Board of Health (See 96-102), of the budget and "investigation committee by Acts of 1894, 1903 and 1917 (never codified), and he was also an ex-officio member of the board of trustees of each eleemosynary, corrective or edu cational institution to wJ:J.icl1 the public funds are appropriated. By th e Reorganization Act (Acts 1931, p. 7, et seq.) the control of eleemosynary institutions a nd of the two Georgi.!l training schools was vested in the Board of Control and the control of the University of Georgia and its branches was vested in the Board of Regents, the boards of trustees of all of such institutions being abolished. See Title 40, Ele emosynary Institutions. Title 87, Penal Institutions, and Chapter 37-1.
21

37-805. [ 1436 (e).] Duties. The state superintendent of schools shall carry out and enforce all the rules and regulations of the state board of education and the laws governing the schools of the state receiving state aid ; he shall from time to time make such recommendations to the state board as may affect the welfare and efficiency of _the public schools throughout the state; he shall have authority to suspend a county superintendent of schools for incompentency, wilful n eglect of duty, misconduct, immorality or the commission of crime involving moral turpitude : Providing, of course, that all of his acts in this matter shall be subject to the approval of the state board of education and the party so suspended may appeal his case to the state board, whose decision shall be final.
Acts 1919, p. 312.
Cross References.-Powers and duties of state board, see 37-703.
37-806. [ 1436 (f).] To visit the several counties. It shall be the duty of the state school superintendent to visit, as often as possible, the several counties of the state for the purpose of examining into the administration of the school law, counseling with school officers, delivering popular addresses, inspecting school operations, and of doing such other acts as he may deem to the interest of popular education.
Acts 1919, p. 313.
37-807. [ 1436 (g).] Misapplication of school funds. It shall be the duty of the state superintendent of schools, in addition to the powers already granted, that in the event of a misapplication of any of the \ funds apportioned to any of the institutions of learning or schools receiving state aid he shall at once proceed to recover the same by the institution of proper procedure in the courts of competent jurisdiction after demand is made upon the party misapplying the funds to settle same. Should it become necessary to procure additional legal services other than that of the attorney-general, the governor is authorized to procure special or local counsel and arrange to pay for the recovery of said funds, such fee out of the funds collected as is usual and customary in the locality where the suit is instituted.
Acts 1919, p. 313.
Cross Referi:mce.-Depa;tment of Law, see Chapter 45-30.
37-808. [ '1436 (h).] Annual reports. The state school superintendent shall make an annual report to the General Assembly, in which he shall present a statement of the condition and amount of all funds and property appropriated to the purpose of public education; a statement of the number of common public schools of the various grades in the state; the number of pupils attending such schools, their sex, color, and the branches taught; a statement of the average cost per pupil of instruction
22

under the common school system in each county; a statement of the plans for the management, extension and improvement of the common schools; a statement of the number of children of school age in the state, with as much accuracy as the same can be asc-ertained; also, a statement of the number of private schools and colleges of the different kinds in the state; the number of pupils in such sc.hools or colleges; their sex, the branches taught, the average cost of tuition per pupil in said schools and colleges.
Acts 1919, p. 313.
Cross References.-Annual report of comptroller-general to governor covering school funds, see 45-2501. Reports to state librarian, see 111303 and 111-601.
37-809. [ 1436 (i).] To prepare text on civics. T.he state superintendent of schools is r equired to prepare with necessary assistance, a text-book on civil government and have it printed and sold to the schools at cost.
Acts 1919, p. 314.
Cross Reference.-To prepare manual on physical education, see 37-2001.
37-810. [ '1436 (j).] Disbursement of school funds. It shall be the duty of the state sc.hool superintendent to disburse the common school fund in the following manner: He shall, annually, apportion equitably, the state school revenue to the different counties, and independent local systems of the state, upon the basis of the aggregate of children between six and eighteen years of age inclusive in each county.
Acts 1919, p. 314.
Cross References.-School fund, see 37-1136. Local bvards to file budget before funds transmitted to them, see 37-1146. Equalization fund, see 37-1149. Building requirements to be met before school funds paid, see Chapter 37-21. Distribution of funds to school having local school system maintained by local taxes, see 37-816.
37-811. [ 1436 (k).] State school supervisors. The state superintendent of schools shall have the power, with the consent and approval of the state board of education to appoint three state school supervisors, whose professional qualifications s.hall be the same as the state superintendent's, who shall act under the direction of the state superintendent of schools and fill the place of the experts provided for in the Acts of 1891, whic.h were amended in 1892 and 1893. The salaries paid these supervisors shall be fixed by the state board of education and shall not exceed three thousand dollars each per annum, together with necessary traveling expenses; provided, the same s.hall not exceed three thousand ($3,000.00) dollars. The supervisors shall keep itemized statements of their expenses, which shall be sworn to monthly and approved by the
23

state superintendent of schools and be paid out of the state treasury. It shall be especially the duty of these supervisors to act as instructors of institutes.; to give state normal instruction and training as the state superintendent may direct in each county; to grade the papers of applic'ants for professional certificates or state licenses, and to aid generally ' in supervising, systematizing and improving the schools of the state under the direction of the state superintendent of schools.
Acts 1919, p. 314.
Cross References.-Qualifications of State Superintendent, see 37-802. County institutes, see 37-823.
37-812. [ 1436 (k-1).] High school supervisor; qualifications, salary, etc. The standardization of schools is a function of the state department of education, and the state board of education is hereby directed to elect from a nomination by the state superintendent of schools a high school supervisor who can meet the same qualifications prescrib-ed for the state superintendent of schools. It shall be the duty of the state high school supervisor to inspect the various high schools of the state with a view to their proper classification and supervision under the state board of education and in accordance with standards set up by said board. The state high school supervisor shall serve as assistant to the state superintendent of schools in this and in other capacities as directed by the state board of education in making effective the school laws of the state and the regulations of said board. The term of office of said high sc.hool supervisor shall be fixed by the state board of education; the salary shall be fixed by the said board not to exceed four thousand dollars and necessary traveling expenses, which shall be paid out of the public sc.hool fund or other funds which said board may have on hand at its disposal for the purposes specified in this section.
Acts 1925, p. 206.
37-813. [ 1436 (I).] Department of audits and accounts to audit books of schools. It shall be the duty of the Department of Audits and Accounts to thoroughly audit and check the books and accounts of the county superintendents and treasurers of local school systems, of municipal systems, of the state university and all its branches, including the district agricultural schools, the state college of agriculture, technological schools and all other schools receiving state aid and making regular and annual reports to the state school superintendent, showing the amount received, for what purpose received, and for w.hat purposes expended. All such funds held by officials must be kept in banks separate r"rom their individual bank accounts.
Acts 1919, p. 315. 1931, pp. 7, 40.
Cross References.-Treasurer of local school district to be audited, see 37-1323. Branches of University of Georgia, see Chapter 37-1.
Note-.The Reorganization Act of 1931 repealed so muc.h of the above
24

section as enacted by Acts 1919, p. 315 as provided for the appointment by the State Superintendent of Schools of a bookkeeper and accountant, and transferred the powers, duties and functions of such bookkeeper or accountant to the Department of Audits and Accounts. See 45-3215.
37-814. [ 1436 (m)]. Salary; clerk; assistants. The state school superintendent shall be entitled to receive for his services the sum of two thousand dollars annually, in quarterly installments. All his necessary traveling expenses incurred in the performance of his official duties, and all postage and other expenses absolutely necessary arising in his office, shall be paid by the state. He shall also be entitled to employ one clerk and secretary and such other assistants as may be necessary in the judgment of the state board of education, to aid him in his official duties. His clerk shall receive an annual salary not exceeding two thousand dollars, to be paid quarterly. The secretary shall receive an annual salary of eighteen hundred dollars. The salaries al).d other expenses named in this section shall be paid out of the state school fund on executive warrant. It shall also be the duty of said superintendent to keep an itemized account of all expenses connected with his department, which accounts shall be audited by the state board of education.
Acts 1919, p. 315.
Cross References.-Salary as secretary of the state board of education see 37-804. State board may fix office force of state superintendent, see 37-703.
37-815. [ 1436 (n).] School year coincident with calendar year. The school year shall be from July 1st to the next June 30th, inclusive, of each year; and the state school superintendent shall, on or before the first Tuesday in December each year make an estimate of the entire common school fund for the state for the next succeeding calendar year, and shall at once communicatein writing to the county superintendent of schools of each county the amount of money that will be payable to his county; and on the first Tuesday in January in each year, or as soon thereafter as practicable, each county board of education shall meet and make the necessary arrangements for placing the schools in operation for the next school year, and shall have full authority in their discretion either to fix salaries for the payment of teachers, or to pay them according to the enrollment or attendance: Provided, that nothing in this Chapter shall be construed to affect the right of the respective counties of the state to select the time of operating their schools, which shall be left entirely to the county boards of education, nor shall it affect or change the time of operating their schools under any special or local laW's in any county in this state: P'rovided, further, it shall not affect the monthly payment of teachers as by this Chapter directed.
Acts 1919, p. 316. 1926 Ex. Sess. p. 42.
Cross References.-Reports by county superintendents as to amounts due, see 37-1121. Failure to arrange for school as forfeiting right to participate in school fund, see 37-1140.
25

37-816. [ 1436 (o).] Where there are local school laws. In those counties having local school laws where the sc.hools are sustained by local taxation for a period of five months or more, the state school superintendent shall, on the first day of each mont.h, or as soon thereafter as practicable, notify the governor of the amount of funds standing to the credit of each of such counties on the books of the treasurer on said dates, arising from t.he monthly apportionment aforesaid, and thereupon the governor shall issue his warrants for said sums and the treasurer shall draw his checks for said sums without requiring the itemized statements as provided; a nd the sta}e sc.hool superintendent shall immediately transmit said checks to the officers under the local school system authorized to receive its funds, and the state school superintendent shall in like manner pay over to the proper officer under t.he school board of any town or city having a school system sustained by local taxation for a period of five months or more, and to which he is now authorized by law to make direct apportionments, suc.h proportion of the entire county fund as shown on the books. of the treasurer as the school population of the town or city bears to the population of the county, as s.hown by the last school census; provided, that all children of school age resident in said county, and attending the public schools of such town or city, shall be counted in the school population of such town or city and be entiiled to have their s.hare of such county fund paid over to the proper officer of the school. board of such town or city.
Acts 1919, p. 316.
37-817. [ 1436 (p).] Twenty school days a scholastic month. Twenty school days s.hall constitute and be treated as a scholastic month in the public schools.
Acts 1919, p. 317.
Cross Reference.- School year coincident with calendar year, see 37-815.
37-818. [ 1436 (q).] Unused School fund. In all cases where any of t.he counties have heretofore or may hereafter leave unused in the state treasury any part of the public school fund to which they are entitled under the law, such fund shall be kept separate and applied to the use and benefit of the resp ~ctive counties entitled to it and may be used by t.he respective boards of education of the counties entitled to it for school purposes in their respective counties, and may be drawn on for such purposes as provided by law.
Acts 1919, p. 317.
Cross Reference.-Distribution of school fund, see 37-704.
37-819. [ 1436 (r).] Enumeration of school children. It shall be the duty of the county and city boards of education to cause an enumeration of the children between six and eighteen years of age inclusive to be
26

ade under instructions from the state school superintendent, in the myear 1888' and e.very five years thereafter, as hereinafter prescribed.
Acts 1919, p. 318.
cross Reference.-County boards of education, see Chapter 37-11.
37-820. [ 1436 (s) .] How enumeration is to be taken. The different county or city boards shall employ one or more competent, reliable persons to take the enumeration in their respective jurisdictions, and the persons so employed s.hall go from house to house, making a thorough canvass of the territory assigned them, taking the number of children between the ages of six and eighteen years inclusive and distinguishing between the sexes and races. The persons thus employed s.hall be known as enumerators of the school census, and shall take and report any additional statistics required by the state school superintendent. They shall receive as compensation a per diem not to exceed four dollars, to be paid out of t.h e school fund of the jurisdiction in which the work is done. They shall, moreover, be required to make oath that the work done by them has been carefully and faithfully done according to the true intent and meaning of this C.hapter, the form of oath to be prescribed by the state school superintendent. Nothing herein contained shall be construed to prevent the county boards from employing the county superintendent of schools to do the work contemplated in this Chapter.
Acts 1919, p. 318.
37-821. [ 1436 (t).] New enumeration. The state board of education is hereby empowered to order at once a new enumeration when they are in doubt as to the accuracy of the return made from any county or city; but the enumerators first making t.heir return shall receive no compensation in case it is found their enumeration was not correct. In case their enumeration is verified by the second enumeration, both shall be paid, but the amount paid them shall be deducted from the sc.hool fund appropriated to this special territory.
Acts 1919, p. 319.
37-822. [ 1436 (u).] County institutes. He shall organize and establish in each county in Georgia a teachers' county institute for the assembling and instruction of the common school teachers of each county in the state, said institute to hold an annual session of one week's duration, in each county in Georgia in the period of June, July and August, or in such other months as the state superintendent may deem best and expedient: Provided, however, that t.he state school superintendent may, in his discretion, combine the annual session of such institutes, or any number of them, so that the same may be held in any county named by him; to prepare a program of exercises, w'it.h a syllabus of each subject in each program, for each day's session of said institute, to require county superintendents of schools to operate at their regular per diem, said institute sessions under such general rules and regulations as he may deem
27

I
best; to require all persons, teaching in Georgia, or having licenses entitling them to teac.h in the state, to attend all sessions of said institutes held in the county of their residence, and perform all duties required of them as members of said institutes, unless providentially prevented, to secure prompt attendance of the teachers upon said institutes by causing the county superintendents of schools and county boards of education to collect such fines from absentees as may be deemed just and reasonable by said superintendents and boards; provided, that no teacher shall be fined till he has stated the cause of his ahsence, in writing, to said superintendents and boards, and they have duly considered the same, and all money thus collected shall be used in purchasing teac.hers' libraries for the counties in which said fines may be collected; to provide separate institutes for the white and colored; to cause all sessions of said institutes to be held at county seats, or suc.h other places as may be selected by the county superintendents of schools, and allow all persons so desiring to attend the sessions of said institutes: Provided, that all visitors shall be subject to the rules and .regulations of said institutes while attending the exercises of the same, and to prescribe from time to time such other rules and regulations as he and the county superintendents of schools may deem best for successfully operating said institutes.
Acts 1919, p. 319.
Cross References.-Normal instruction, see 37-704. Course in physical education to be provided, see 37-2002. Supervisors to act as instructors at institutes, see 37-811.
37-823. [ 1436 (v).] Reports from county superintendents. He shall .have the right to require the county superintendents of schools to make such reports as he may prescribe and in default of complying, as far as may be practicable, with this requirement, the county school superintendent shall not be entitled to compensation for their official services. He shall also have the right to make the requirement mentioned in section 37-808 of the president of the board of education or the chief executive officer of any public school organization in this state, operating under any special Jaw, and until the requirement is complied with, said organization s.hal! not receive the pro rata of the state school fund to which it would be otherwise entitled.
Acts 1919, p. 320.
Cross Reference.-County superintendent of schools, see Chapter 37-12.
CHAPTER 37-9. TEXT-BOOK COMMISSION.
UNIFORM TEXT-BOOKS. REQUIRED INSTRUCTION.
37-901. Text-book commission created; how constituted. Compensation. A special text-book commission is hereby created for the state of Georgia. The members of said text-book commission shall be members of the state board of education and the state board of education s.ha!l
28

be the text-book commission. The governor shall be ex-officio a member of the text-book commission and the state school superintendent shall be the secretary and executive officer of the text-book commission. The members of the text-book 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 t.b.e state treasury upon the warrant of the Governor. The total expenses for all members shall not exceed .three hundred dollars per year.
Acts 1931, p. 136.
Cross Reference.-Adoption of books other than those provided for in this Chapter, see Chapter 37-10.
Note.-Section 21 of Acts 1931, p. 136 (not codified) provides that the present laws in regard to the adoption, use, purchase, distribution and sale of text books for the public sc.hools of this state are hereby expressly repealed, except where they do not conflict with the provisions of such Act. Pursuant to this provision the provisions of the sc.b.ool code (Acts 1919, pp. 288 et seq.) relating to the school book commission and the adoption, etc., of uniform text-books in the manner therein provided, whic.b. provisions "ere codified in P'ark's Anno. Code Supplement of 1922 as 1433(h), 1433(i), 1434(c), and 1434{d) to 1434(v) have been eliminated except 1434 (m) codified as 37-921 and the portion of 1434 (u) codified as 37-928.
37-902. Oath of members. 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 UDOn us as memhers of the text-book 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 text-book commission and that we will receive no personal benefits therefrom so help us God."
Acts 1931, p. 136.
37-903. Uniform text-books. Nothing partisan or sectarian to be in books. The text-book commission shall adopt a uniform series of textbooks for use in all the common schools of this state, and s.b.all have the authority to adopt a uniform series of text-books for use in the high schools of this state, w.hen in their judgment it is advisable and for the best inte rests of the patrons of said high schools so to do. The textbooks so adopted shall include the elements of an English education as at present defined and enumerated by law, and suc.b. other branches of study as may be provided by statute. None of said books so adopted shall contain anything of a partisan or sectarian nature. The manner of adoption shall be as provided herein.
Acts 1931, p. 136. 29

37-904. [ 1434 (a).] Uniform text-books for common schools. A uniform series of text-books shall be used in all the common schools of this state, to be adopted in the manner. and for the time hereinafter provided, which uniform series of books shall be in use in all the common schools of this state, and shall include the following elements of an English education only to wit: Orthography, reading, writing, arithmetic, geography, English language lessons, English grammar, history of Georgia, containing the Constitution of the State of Georgia, history of the United States, containing the Constitution of the Uni~ed States, physiology and hygiene, the elementary principles of agriculture and civil government, the elementary rudiments of vocal music, provided that teaching the elementary rudiments of vocal music shall be optional with the county and city boards of education and not required as in the case of other ' elements of an English education, and such other branches of study in addition to the above mentioned, as may be from time to time provided by statute, and not conflicting with the constitution of this state; provided that no county, city or town, that levies a local tax for the purpose of maintaining a system of graded schools, which local tax, together with the state fund, is sufficient to maintain said system of graded schools, for as long a period as eight months in eac.h year shall be included in the provisions of this Chapter, but if the duly constituted authorities in charge of any local system in this state should desire to use any of the books selected by said school book commission, the local system shall have the privilege of buying the books at the same price and on the same terms at which they are furnished to the common sc.hools of the state.
Acts 1919, p. 295. 1922, pp. 150, 154.
Cross References.-Furnishing text-books other than uniform textbooks, see C.hapter 37-10. Instruction in animal, bird and fish life, see Chapter 37-18. Physical education a n training, see Chapter 37-20. Punishment for violation of this section, see 37-9903.
37-905. [1434 (b).] Addition to the state course of study. Bible reading. Health and .hygiene and special instructions as to the nature of alcoholic drinks and narcotics; the elements and principles of agriculture; the elements of civil government shall be taught in the common or public schools of Georgia as thoroughly and in t.he same manner as other like required branches, and the board of education of each county and local system of this state shall adopt proper rules to carry the provisions of law into effect: Provided, .however, that the Bible, including the old and the new Testament, shall be read in all the schools of this state receiving state funds, and that not less than one chapter shall be read at some appropriate time during eac.h school day. Upon the parent or guardian of any pupil filing with the teacher in charge of said pupil in the public schools of this state, a written statement requesting that said pupil be excused from hearing the said Bible read as required under this section, such teacher shall permit such pupil to withdraw while the
30

reading of the Bible as required under this section is in progress. Such request in writing shall be sufficient to cover the entire school year in which said request is filed.
Acts 1919, p. 296. 1921, p. 156.
Cross Reference.-Punishment for violation of this section, see 37-9903.
37-906. [ 1434 (b-1).] Instruction in essentials of United States and state constitutions. Study of American institutions and ideals. All schools and colleges in this state that are sustained or in any manner supported by public funds shall give instruction in the essentials of the United States Constitution and the Constitution of Georgia, including the study of and devotion to American institutions and ideals, and no student in said school and college shall receive a certificate of graduation without previously passing a satisfactory examination upon the provisions and principles of the United States Constitution and the Constitution of the State of Georgia.
-\cts 1923, p. 130.
Cross Reference.-Duty of state superintendent to prepare and furnish a text-book on civil government, see_ 37-809.
37-907. Buying; publishing; authority to make rules. The text-book commission is empowered and directed to formulate and put into effect a system of purchasing, publishing, and distributing the text-books adopted by them, which will reduce the present prices of text-books now in effect under existing contracts and methods of sale and distribution. For the purpose of putting such system into effect the text-book commission is authorized to make any and all necessary rules and regulations they may deem proper.
Acts 1931, p. 136.
37-908. No authority to adopt books in manner formerly authorized. "Adoption" defined. Nothing in this Chapter shall be construed to authorize the text-book commission to adopt text-books in the manner and numbers now authorized by laW' and the sale and distribution of all textb-ooks adopted shall be by and through the agency or agencies created in accordance with the provisions of this Chapter. 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 text-books by the commission direct from the publishers in quantities, and/or a contract with any publisher for the use of any text-book as provided in 37-911.
Acts 1931, p. 136.
37-909. Contracts for printing. Authority of commission. The textbook commission is empowered and authorized to have books for the common or high schools printed by contract by the lowest and best bidders after due advertisement for at least thirty days in at least four
31

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 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 this Chapter in publishing said text-books by contract.
Acts 1931, p . 136.
37-910. Contracts with publishers. Sales to patrons. The text-book commission is hereby empowered to contract with the publishers of any text-book the commission may adopt., for the purchase of text-books in quantities sufficient to supply the chiidren in any or all of the grades of the common schools of this state, based on estimates and the school census, provided said text-books shall be sold to patrons of schools of the common system at price fixed by said commission, which said price shall be actual cost of purchase and/or production and distribution as herein provided.
Acts 1931, p. 136.
37-911. Contracts with publishers. The text-book 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 or 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 text-book commission, without any profit to the distributor. Provided that only one text-book of any one subject or course of study for any one grade shall be so adopted and then for no longer period of adoption than other text-books adopted by the commission.
Acts 1931, p, 136.
37-912. Revolving fund, from common school fund, etc. For the purpose of carrying out the provisions of this Chapter the text-book commission is authorized and the state board of education is directed, upon recommendation of the text-book commission, to set apart from the appropriation made to the common schools of this state, in any year, beginning in the year 1933, a sum not to exceed four hundred thousand ($400,000.00) dollars, or s rf 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 Chapter, whether to print text-books by contract, secure the copyrights, purchase manuscripts outright or on a royalty basis, to rent plate, to have plates and el,ectrotypes made, to
32

purchase text-books in quantities, and to cover the cost of distribution of text-books; any and all of such items to be taken into account in computing the prices at which said text-books shall be sold, and to be repaid into said revolving fund in the manner hereinafter prescribed. After the plan or system formulated and adopted by the text-book commission for the publication and/or purchase and sale and distribution of text-books under the provisions of this Chapter 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 Chapter shall be repaid into the common school fund of the state.
Acts 1931, p. 136.
37-913. Lower grades to be supplied first, where funds insufficient. Prices. If the revolving fund provided herein is not sufficient in amount to enable the text-book commission to print, purchase, contract or otherwise render available, text-books for all the grades of the common schools of the state in any one year, the text-book commission is authorized first to supply text-books under the plan adopted by them, to the lower grades, beginning with the first grade and adding a gradeor grades each year until text-books for all the grades in the public schools of this state s.hall be supplied under the plan or system adopted, provided said text-books shall be supplied to patrons of schools of the common school system at prices fixed by said text-book commission, which said price shall be actual cost of purchase and/or production and distribution as herein provided.
Acts 1931, p. 136.
37-914. Books previously adopted not to be sold for school use. The sale for use in the public schools of this state, except as supplemental texts as provided herein, of any text-book adopted under the present method of adoption in effect at the time of the passage of this Chapter is prohibited after the period of adoption or term of the contract has expired or is changed by the text-book commission.
Acts 1931, p. 136.
37-915. Meetings of commission. Requirements as to bids. T.he text-book commission shall meet in the office of the secretary not later than June 1, 1932, 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, 1932, the text-book commission will receive at the office of the secretary manuscript texts of school-books, 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 s.hall advertise for sealed bids or proposals from pub-Ushers of text-books, for the purchase of text-books in sufficient quantities to supply the children in any or all of the grades of the common
33

schools of this state, specifying the quantities of eac.h text-book 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 text-books will be sold to the text-book 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 text-book commission. Each and every proposal from a publisher shall be accompanied by specimen copies of all books specified in said bid or proposaL The commission shall, at the same time, advertise for bids from publishers of school-books for textbooks to be furnished upon contract as provided in 37-911.
Acts 1931, p. 136.
37-916. Committee to examine manuscripts. Adoption. Right to reject bids. Bond may be required of bidders. The text-book commission s.hall, 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 for a term concurrent with that of the members of the textbook commission and in such manner as the text-book commission shall determine. The said committee shall, each, from the school funds of the state, r eceive 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 eac.h, 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 text-book 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 text-book 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, that said committee may be required to make new recommendations in the same manner as before.
If the committee should recommend, and the text-book commission should adopt, a manuscript or text submitted by any person, instead of a published book, then the text-book commission shall at once advertise for bids for making plates, and/or electrotypes and/or printing said book from the manuscript. If the text-book 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
34

37-911, then the text-book commission shall at once advertise for bids for printing books from such plates, as hereinbefore provided.
The text-hook commission shall have the right to reject any and all bids an_d shall have the right to re-advertise as often and in any manner as they deem necessary to carry out the plan or system adopted by them. The text-book commission shall have the right to require bidders to post a sufficient bond 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 contracts.
Acts 1931, p. 136.
Cross References.-"Adoption" defined, see 37-908.
37-917. Contracts for not less than 5 years. Any adoption, contract or purchase of text-books by the text-book commission shall be for a period of not less than five years. All contracts made by county boards of education, or independent school districts for school books prior to the adoption of this Chapter shall not be affected by this Chapter.
Acts 1931, p. 136.
37-921. [ 1434 (m).] Standard of books. The books furnished under any contract shall be equal in all respects to the specimen or sample copies furnished with the bids; and it shall be the duty of the state superintendent of schools to preserve in his office, as the standards of quality and excellence to be maintained in such books during the continuance of such contract, the specimen or sample copies of all books which have been the basis of any contract, together with the original bid or proposal.
Acts 1919, p. 300.
37-925. Central depository for distribution of books, etc. The textoook commission is authorized and directed to create a central depository or agency for the distrib-ution of the text-books adopted, printed or 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 text-book commission. The expenses of maintaining such agency shall be paid from the revolving fund herein provided and !)hall be added to the prices of the books sold as a part of the cost thereof.
Acts 1931, p. 136.
37-926. Distribution. Duties and bonds of county school superintendents. Prices of books to patrons.. Text-books purchased, published or contracted for by the. text-book commission under the provisions of the preceding sections shall be distributed hy the text-book commission through the county school superintendent in each county of the state to the school patrons at the prices fixed by the text-book 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
35

charged with the duty of ascertaining the requirements of all schools in his county, including independent school districts and systems, of schoolbooks for all grades in such schools for which adoptions shall have been made under the provisions of this Chapter, at least sixty days before the beginning of each school term, and the county-school superintendent shall make requisition to the text-book 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 education or the chairman of the board of education or board of trustees of each independent school district or system in his county. Upon receipt of such requisition the text-book 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 of the text-book commission. Said books shall then be sold to the school patrons by the county-school superintendent at the prices fixed by the text-book commission, for cash. The amounts received by the county-school superintendent from the sale of text-books shall immediately be remitted by him to the text-book commission to reimburse the revolving fund for such expenditure made in the purchase, preparation and distribution of such books. The text-book commission shall have the authority to require the return of aU unsold books from the county-school superintendent at any time. At least sixty days before the beginning of any school term the county-school superintendent shall execute and file with the text-book commission a good and sufficient bond to be approved by the text-book commission, conditioned upon the proper handling of said text-books and the faithful accounting for same and for all funds received from the sale of or in connection therewith. Such bond shall be in the amount of $1,000.00 or such large amount as the text-book commission shall prescribe and in no event shall be for a sum less than the total amount of the invoices of all school books furnished to said county for one school year.
Acts 1931, p. 136.
Cross Reference.-This section amended as to cities having population of 200,000 or more, see 237-901.
37-927. Use of books other than those adopted unlawful. It shall be unlawful for any teacher in the common or high schools of this state to use any book in place of the books adopted, published, or purchased for use and distribution by the text-book commission, except as otherwise herein provided.
Acts 1931, p. 136.
37-928. [ 1434 (u).] Teacher violating this Chapter. Any teacher of a public common school violating the provisions of this Chapter shall not receive any salary so long as he shall fail to carry out the provisions thereof.
Acts 1919, p. 304. 36

Cross Reference.-Punishment for violation of this section, see 37-9903. 37-929. School funds to go only to schools using adopted books. No public school, board of education, board of trustees, or independent or local school system of this state shall receive any part of the appropriation made to the common schools of this state l:Yy the General Assembly in any year unless such school, board, or system shall use the text-books adopted and provided by the text-book commission as provided for in this Chapter. Provided, however, that supplemental books may be used by any school or school system, the cost of such supplemental books to be paid by the school system and the books loaned to the school children without charge. Provided, further, that t.he 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 text-books for their schools, until the text-books. adopted and now in use by said systems shall be by them changed; any future adoptions and/or purchases of text-books, except supplemental texts as provided herein, shall be from the lists adopted by the text-book commission and through the agency of distribution created by them.
Acts 1931, p. 136.
CHAPTER 37-10. FURNISHING BOOKS OTHER THAN UNIFORM TEXT-BOOKS.
37-1001. [ 1435 (a).] Books, how purchased, sold, or furnished free.
All l:Yoards of education of counties, cities, local school systems, separate school districts, and district agricultural schools, shall adopt all school books required by the course of study in their schools, other than the regular basal elementary school books provided for by the uniform textbook law, Chapter 37-9, from an approved list issued by the State board of education; and shall purchase, and in their discretion may sell, rent or furnish free all school books to pupils attending their schools, and for that purpose may use such part of the school funds, or any other funds coming into their hands, as may be necessary for the purchase of such books.
Acts 1919, p. 304.
Cross References.-State superintendent to furnish list of books, see 37-1006. Local option as to free school books, see 37-1016. Indigents to be furnished free, see 37-1017. Duty of county boards as to supply of books and public notice, see 37-1018. County boards of education, see 37-11. Adoption for five years, see 37-1111.
37-1002. [ 1435 (b).] Filing of copies and list of books with prices. All publishers of school books, or persons desiring to offer school books, other than those basal elementary text-books provided for under the uniform text-l:Yook law, Chapter 37-9, for the use of pupils in the pub-
37

lie schools of Georgia, as hereinafter provide d, 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 shown by the publisher's catalogue, and such books shall be approved and placed upon a list issued by the state board of education, provided the persons or publishers offering said books comply with the provisions of this section, and then they may be legally adopted and purchased by any public school authorities. No revised or different edition of any such book shall be used in the public schools of Georgia unless a copy of such edition has been filed in the office of the state superintendent of schools, together with the publisher's list thereof. T.he state superintendent of schools shall carefully preserve in his office the sample copies of all such books filed and approved by the state board of education, and the prices thereof.
Acts 1919, p. 305.
Cross References.-Prices to be same as in other states, see 37-1004. Punishment for violation of this section, see 37-9904.
37-1003. [ 1435 (c).] Sworn statement to be filed. Eac.h publisher of any such book filed shall also file in the office of the statesuperintendent of schools a sworn statement giving the net wholesale price at which each book is sold anyw.here in the United States; the said sworn statement shall also give the list price and the lowest exchange price given anywhere in the United States when old books on the same subject and of like kind and grade, but of a di_fferent series, are received in exchange.
Acts 1919, p. 305.
Cross Reference.-Punishm ent for violation of this section, see 37-9904.
37-1004. [ 1435 (d).] Bond of publisher, amount and condition. Each publisher shall file with the state superintendent of schools a bond payable to the State of Georgia, with some suretY company authorized to do business in the State of Georgia, as surety thereon, in a sum to be determined by the state superintendent of schools, said sum being not less than one thousand ($1,000.00) dollars, nor more than five thousand ($5,000.00) dollars, according to the number of books fil ed; the bond to be conditioned as follows: First, that the publisher will furnish any of the books listed in said statement, and in any other statement subsequently filed by him within five years, to the board of education of any county, city, local school system, separate school district, and district agricultural school in the State of Georgia at the lowest net wholesa le price contained in 7said statement, whic.h price shall not exceed the lowest price the publisher has made elsewhere in the United States, and that he will maintain said price uniformly t.hroughout the State of Georgia on the books fil ed under the provisions of this section. Second, that the publisher will reduce such price automatically to the State of Georgia whenever reductions are made elsewhere in the United States, so that at no time shall any book so filed and listed be sold to sc.hool
38

authorities in Georgia at a higher net price than is received for such book elsewhere in the United States; and that upon failure or refusal of publisher to make such reduction all contracts for such book or books shall become null and void. Third, that all such books offered for sale, adoption or exchange in the State of Georgia shall be equal in quality to those filed in the office of the state superintendent of schools, as regards paper, binding, print, illustration, subject matter, and all other particulars that may affect the value of such school books. Fourth, that the publisher shall not enter into any understanding agreement, or combination to con trol the prices or restrict competition of the sale of school books in the State of Georgia.
Acts 1919, p. 306.
Cross References.-Bond of bidders under uniform t ext-book law, see 37-916. Forfeiture by publis.her on failure to furnish books, see 371007. Punishment for violation of this section, .see 37-9904.
37-1005. [ 1435 (e).] Approval of bond and new bond after five years. Such bond shall be approved by the attorney-general, and shall continue in force for a period of five years after its filing, at or before the expiration of which period a new bond s.hall be given, or the right to continue selling such text-books in the State of Georgia shall be forfeited.
Acts 1919, p. 307.
37-1006. [ 1435 (f).] State superintendent to send out list of books. The state superintendent of schools shall, within thirty days after the filing of such text-books and bond for same, send out a list of such books to the superintendent of schools, and the chairman of the board of education of each county, city, local school system, separate school district, and district agricultural school in the state, and the state superintendent of schools shall, on or by the first day of January of each year, publish and send to the superintendent of schools and the chairman of the board of education of each county, city, local school system, separate school district a~d district agricultural school, a printed copy of all such lists then in force in his office.
Acts 1919, p. 307.
37-1007. [ 1435 (g).] Forfeiture by publisher on failure of duty.
If any publisher shall comply with the foregoing sections and then fail or refuse to furnish such books to the board of education of any county, city, local school system, separate school district, or district agricultural school, upon the terms herein provided, said school authority shall at once notify the state superintendent of schools of such failure or refusal, and he shall at once cause an investigation of such charge to be made. If the state superintendent of schools finds such charge to be true, he shall at once notify such publisher and notify the superintendent of schools and the chairman of the board of education of each county, city,
39

local school system, separate school district and district agricultural school in the State of Georgia that such books shall not thereafter be adopted or purc.hased by any of the public school authorities in the state. Said publishers shall forfeit and pay to the State of Georgia the sum of one hundred ($100.00) dollars for each failure or refusal to furnish said book or books, to be recovered in the name of the State of Georgia in an action to be brought by the attorney-general in any proper court, the amount when collected to be paid into the treasury to the .credit of the common school fund of the State of Georgia.
Acts 1919, p. 307.
Cross Reference.-P'unishment for violation of this section, see 379904.
37-1008. [ 1435 (h).] Local board's duty as to selecting books. The board of education of each county, local school system, separate school district, and district agricultural school in the State of Georgia, at a regular meeting to be held between the first Monday in January and the first Monday in August of each year, shall adopt text-!Yooks for use in the schools under its control until a complete list of text-books covering the entire course of study has been adopted. A majority vote of the membership of any board shall determine which of said books so filed shall be used in the schools under its control; and after said books have been selected and adopted by said board of education, no book shall be changed, nor any book substituted therefor, for a period of five years after the date of its adoption., as shown by the official records of the board: Provided, that any such sc.hool text-books as may be in use in the pub-lic schools of Georgia when this law goes into effect may be continued at the pleasure of the authorities in c.harge of such schools, but that when said books are changed or other books substituted, the books adopted shall be used for a full period of five years. This law shall not affect any existing contracts for text-books now in force in this state.
Acts 1919, p. 308.
37-1009. [ 1435 (i).] Purchases and payment for books ordered. Free books and rental. All text-books adopted as provided for in this Chapter shall be bought by the various sc.hool authorities direct from the publishers at the price listed with the state superintendent of schools. The board of education of eac.h county, city, local school system, separate school district, and district agricultural school, shall, at a regular meeting, cause to be ascertaip.ed the number of each of such books adopted, as the schools under its charge require. The secretary of each b-oard of education shall order the books so agreed upon direct from the publishers, who, on receipt of such order, shall ship the books as directed without delay. It shall be the duty of the secretary, or other person named by the board for such purpose, to examine the books whEm received, and if found to be correct and in accordance with order, a warrant, payable out of the school fund or any fund the board may have on
40

hand, for the proper amount, shall be issued and remitted to the publisher within thirty days. Each board of education shall pay all charges for transportation of the books. It shall be the duty of each board of education to make all necessary provisions and arrangements to place the books so purchased within easy reach and accessible to all the pupils in the school under its control. For this purpose each board of education may make contracts, and take suc.h security as it deems necessary, for the custody, care and sale of such books, and accounting for the proceeds. The proceeds from the sale or rental of said books shall be paid into the public school fund of the board. T.b.e board of education may also contract with the local or retail dealers to sell the books to the pupils and patrons of the schools, at prices to be specified by the said board, eac.h board being responsible to the publishers for all books purchased by it. All orders for books under this Chapter shall be made by a duly authorized agent of the board of education and billed by the publisher to the board of education. Nothing in this Ghapter shall prevent the board of education of any county, city, local school system, separate school dfstrict, or district agricultural school, from furnishing free text-books to the pupils in the schools under its control, or from buying books and renting them to the pupils in the schools under its control.
Acts 1919, p. 308.
Cross Reference.-Punishm ent for violation of this section, see 37-9904.
37-1010. [ 1435 (j).] Retail prices of books limited. No retail dealer selling said school text-books as the agent of any school shall sell the same at a greater price than the price agreed upon between suc.h dealers and said school authorities; provided, that in no case shall books be sold to the school children at a price to exceed fifteen per cent. (15 per cent.) advance on the wholesale price of such books.
Acts 1919, p. 309.
Cross Reference.-Punishment for violation of this section, see 37-9904.
37-1011. [ 1435 (k).] Second-hand books; when purchased. When pupils remove from any county, city, local school system, separate school district, or district agricultural school, and have text-books of the kind adopted in said school, and not for the kind used in the school to which they remove, and wish to dispose of them, the board of education of the school from which they remove, if requested, shall purchase such books at a fair value thereof, and resell to other pupils.
Acts 1919, p. 310.
37-1012. [ 1435 (1).] Payment for vote or influence forbidden. No publisher of school text-books, nor agents of such publisher, shall offer or give any emolument, money, or other valuable thing, or any inducement, to any member or any board of education or school official connected with any of the public schools of Georgia, for his vote, or for
41

the use of his influence for the adoption of any school text-book to be used in any of the public schools of this state, nor shall any member of any board of education or school official connected with any of the public schools of Georgia, accept any emolument, money, or other valuable thing, or any other inducement, from any publisher, or agent of any publisher, for his vote or promise to vote, or for the use of his influence for the adoption of any school text-books: Provided, that nothing in this Chapter shall be construed to prevent any person, publisher, or publisher's agent from sending a reasonable number of sample copies of school text-books to any member of a local board of education or school . official for examination of such book or books before the adoption of books, as provided for in this Chapter, and nothing shall be construed to prevent such member of a board of education or school official from receiving such sample copies.
Acts 1919, p. 310.
Cross Reference.-Punishment for violation of this section, see 37-9904.
37-1013. [ 1435 (n).] Non-repeal of certain laws. This Chapter shall not be construed to r epeal directly or indirectly the present law as to adoption of basal elementary books by the state board of education for the public schools of Georgia.
Acts 1919, p. 311.
37-1014. [ 1435 (o).] State board of education to act as state textbook commission in adopting school books; exchange rate; change of books limited. It shall be the duty of the state board of education, acting as the state text-book commission, to adopt a series of school books for the schools of the state according to the laws now governing the adoption of school books: Provided, that the said text-book commission shall not be limited or restained by, or restricted to the fifty per cent. exchange rate for old books as provided in 37-923, but the said state text-book commission is authorized and directed to obtain the best exchange rate for old books possible: Provided, that the exchange rate or allowance for the old books shall be as much as is allowed by the publis.her of the new book as the rate allowed in any other state under like conditions and terms of adoption: Provided, the change of books made under this law shall not exceed fifty per cent. of the entire list for an adoption period.
Acts 1923, Ex. Sess., p. 18. 1
Cross Reference.-Uniform text-book law, see Chapter 37-9.
37-1015. [ 1435 (p).] Applicability of prior laws. All the terms, conditions and benefits obtainable and applicable, in the State Uniformity Act of 1903 (Chapter 37-9); and also of the Act of 1916, approved August 18th, known as the Yeomans' Act (Chapter 37-10), shall apply to and
42

be available for all the schools of this state governed by the adoption made under this law.
Acts 1923, Ex. Sess., p. 19.
37-1016. [ 1.435 (q).] Local option as to free school books. Rental price limited. For the purpose of furnishing free school books, either by renting, lending or giving them to the children of the state, any county, city, separate districts, or independent school districts may have the right to use a part of this school fund derived from state appropriation, local taxation, gifts or bequests, according to the wish of the local school authorities. If a county as a whole wishes to rent, lend, or give free books, the question niay be determined by the board of education of the county. If a local or separate district wishes to so furnish books the question may be determined by the board of trustees of such district, but must be approved by the county board of education. If the books are rented to the children, the rental price shall in no event be greater than fifty per cent. of the price of the book.
For the purpose of carrying out the provisions of this section, it shall be the duty of the state school board, through the state superintendent of education, to devise plans, methods, rules and regulations governing the same.
Acts 1923, Ex. Sess., p. 19.
Cross Reference.-How books purc.hased, sold, or furnished free, see 37-1001.
37-1017. [ 1435 (r).] Indigents to be furnished books free. School boards of any division handling school funds are authorized to furnish books free to children whose parents or guardians, in the judgment of the sc.hool board, are unable to provide their children with books.
Acts 1923, Ex. Sess., p. 19.
37-1018. [ 1435 (s).] Duties of county boards of education as to supply of books and public notice. County boards of education shall be required to have on hand a sufficient supply of books for the various schools under their charge and shall give public notice five days prior to the opening of suc.h school session that such books are available, and the county boards of education may designate some agent or agents to handle such books for the various schools under their jurisdiction.
Acts 1923, Ex. Sess., p. 20.
Cross References.-County boards, etc. to adopt certain books, see 37-1001..
43

CHAPTER 37-11. COUNTY BOARD OF EDUCATION.
37-1101. [ 1437 (a).] School districts. Each and every county in the state s.hall compose one school district, and shall be confided to the control and management of a county board of education.
Acts 1919, p. 320.
Cross Reference.-Each county a separate school district, see 37-704.
37-1102. [ 1437 (b).] Membership in county boards. The grand jury of each county (except those counties which are under a local system) in this state shall, from time to time, select from the citizens of their respective counties five free holders, who shall constitute the county board of education. Said members shall be elected for the term of four years, and shall hold their offices until their successors are elected and qualified: Provided, however, that no publisher of school books, nor any agent for such publisher, nor any person who shall be pecuniarily inter- , ested in the sale of school books, shall be eligible for election as members of any board of education or as county superintendent of schools: Provided, further, that whenever there is in a portion of any county a local school system having a board of education of its own, and receiving its pro rata of the public school fund directly from the state sc.hool superintendent, and having no dealings whatever with the county board of education, then the members of the county board of education of such county shall be selected from that portion of the county not embraced within the territory covered by such local system.
Acts 1919, p. 320.
Cross References.-As to county boards of education in certain counties, see C.hapter 237-11. Enumeration of school children, see 37-819. Board to lay off county into school districts, see 37-1301. Board to elect county superintendent to fill vacancy, see 37-1203. Removal of county s uperintendent, see 37-1208. Powers and duties of trustees of local districts, see 37-1313. Board to exercise supervision over local school districts and local taxes, see 37-1318. Educational work of county to be directed by county board, see 37-1327. Special days to be observed, see
Chapter 37-17. Attendance officer, see 37-2203.
37-1103. [ 1437 (c).] Qualifications of members. The county board of education shall consist of five (5) members as now provided by law and selected by the grand jury as now provided by law, except that the grand jury in selecting such members shall not select one of their own number then in session, nor sh.all they select any two of those selected from the same militia district or locality, nor shall they select any person who resides within the limits of a local school system operated independent of the county board of education, but shall apportion members of the board as far as practicable over the county; they shall select men of good moral character, who shall .have at least a fair knowledge of the elementary branches of an English education and be favorable to the
44

common school system. Whenever a member of the board of education moves his residence into a militia district where another member of the board resides, or into a district or municipality that has an iJ!dependent local school system, the member changing his residence shall immediately cease to be on the board and the vacancy shall be filled as required by law.
Acts 1919, p. 321.
Cross References.-Vacancies filled temporarily by judge of superior court, see 37-1105. Vacancies filled by grand jury, see 37-1105.
37-1104. [ 1437 (d).] Compensation of members. The members of the board of education in each county shall be paid a per diem not to exceed two dollars for each day's actual service out of the school fund appropriated to the county; and their accounts for service shall be submitted for approval to the ordinary or county superintendent of schools; and they shall not receive any other compensation, such as exemption from road duty and jury duty.
Acts 1919, p. 321.
Cross Reference.-Compensation in counties having a population of 200,000 or more inhabitants, see 237-1102.
37-1105. [ 1437 (e).] Certificate of election and removal. Whenever members of a county board are elected or appointed it shall be the duty of the clerk of the superior court to forward to the state school superintendent a certified statement of the facts, under the seal of the court, as evidence upon which to issue commissions. This statement must give the names of the members of the board chosen and state whom they succeed, whether the offices were vacated by resignation, death or otherwise. The evidence of the election of a county superintendent shall be the certified statement of the secretary of the meeting of the board at which the election was held. Any member of a county board of education shall be removable by the judge of the superior court of the county, on the address of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office after opportunity to answer charges; the judges of the superior courts in the state shall have the power to fill vacancies, by appointment, in the county board of education for the counties composing their respective judicial circuits, until the next session of the grand juries in and for said counties, when said vacancies shall be filled by said grand juries.
Acts 1919, p. 322.
Cross Reference.--Members of board selected by grand jury, see 37-1102.
37-1106. [ 1437 (f).] Resignation. When any member of a board, or a county superintendent of schools resigns, his resignation shall be tendered in writing to the state school superintendent.
Acts 1919, p. 322. 45

37-1107. [ 1437 (g).] Officers of county boards. The board of education shall elect one of their number president, who shall serve as suc.h during the term for which he was chosen a member of the board. T.he county superintendent of schools shall lJe an ex-officio secretary of the board. A majority of the board shall constitute a quorum for the transaction of business, it shall be the duty of said secretary to be present at the meetings of the board, and to record in a book, to be provided for the purpose, all their official proceedings, which shall be a public record open to inspection of any person interested therein, and all such pro- 1 ceedings, when so recorded, shall be signed by the president and countersigned by the secretary.
Acts 1919, p. 322.
Cross References.-County superintendent of schools, see Chapter 37-12. President to sign notes for borrowed money, see 37-1127.
37-t108. [ 1437 (h).] Sessions. It shall be the duty of the county board of education to hold regular sessions on the first Tuesday of the month succeeding the election, and each month thereafter at the court bouse of the county, for the transaction of business pertaining to the pulJlic schools, with power to adjourn from time to time; and in case of the absence of the president or secretary, they may appoint one of their own number to serve temporarily.
Acts 1919, p. 323.
Cross Reference.-Duty of county and city boards to have children enumerated, see 37-819.
37-1109. [ 1437 (i).] School term. School property. The county boards of education shall .have the power to define and regulate the length of the public school terms of their respective counties, and 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 sub-districts now or hereafter defined, with power to control the same in such manner as they think will best serve the interests of the common schools; and when, in the opinion of the board, any school house site has become unnecessary or inconvenient, they may sell thE! same in the name of the county board of education; such conveyance to be executed by the president or secretary of the lJoard, 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 common schools within their respective counties, and all conveyances of real estate which may be made to said board shall vest the property in said board of education and their successors in office. It shall also be the duty of said board of education to make arrangements for the instruction of the children of the white and colored races in
46

separate schools. They shall, as far as practicable, provide the same facilities for both races in respect to attainments and abilities of teachers and for a minimum six months length of term time; but the children of the white and colored races shall not be taught together in any common or public school of this state. In respect to the building of school houses, the said board of education may provide for the same, either by labor on the part of the citizens of the sub-districts, or by a tax on their property. The construction of all pub-lic school buildings must be approved by the superintendent and board of education and must be according to the plans furnished by the county sc.hool authorities and the state department of education.
Acts 1919, p. 323.
37-1110. [ 1437 (j).] Powers of county boards as school court. The county board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the 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 and testimony as agreed upon by the parties to the controversy, or if they fail to agree, upon the testimony as reported by the superintendent.
Acts 1919, p. 324.
37'1111. [1437 (k).] Five year adoption of text-books. The board of education of eac.h county and local system shall adopt text-books b-etween the first Monday in January and the first Monday in August of each year for a period of five years. School texts in use may be continued at the pleasure of the authorities, but when the books are changed the text adopted shall be used for five years. The board may contract with a local dealer to act as agent, but must, where satisfactory arrangements cannot be made, arrange itself, through the superintendent or otherwise, to buy, distribute, rent or furnish free the text-books used.
Acts 1919, p. 324.
Cross Reference.-Adoption of books, see Chapter 37-9 and 37-10.
37-1112. [ 1437 (1).] Vaccination of pupils of public schools. The county board of education in the counties of this state, and the boards of public education for the city of Savannah and the other cities of this state are hereby authorized and empowered 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 b-e vaccinated as a prerequisite to admission to their respective schools.
Acts 1919, p. 325; 18801, p. 97. 47

Cross References.-Healt.h regulations, see Chapter 37-19. Compulsory vaccination, see 96-520.

37-1113. [ 1437 (m) .] Organization. Powers and duties. The county

board of education shall have and exercise all the powers that are now

exercised by the county board of educat!on except as may be herein

changed: Provided, that the county superintendent of sc.hools and county

board of education shall make rules to govern the county schools of their respective counties. Upon being called together by some one of

1 I

their number, after their election, t.hey shall organize by selecting a

chairman. The county superintendent shall act as secretary o.f the board,

and keep the minutes of their meetings and make a permanent record

of the same and do any other clerical work that they may direct him

to do. Said board may suspend the county superintendent same as state

superintendent, and may suspend teachers same as county superinten-

dents. In each case they may appeal to the state board.

Acts 1919, p. 325.

Cross References.-County board may fix length of school terms, see 37-1109. Board has power to obtain property for school purposes, see 37-1109. White and colored children to have separate schools, see 37-1109 and 37-1137. Board to investigate non-attendance of pupils, see 37-2202. Notice to parent or guardian of child not attending school, see 37-9906. Enumeration of school children by county and city boards, see 37-819. Teacher suspended by county superintendent may appeal to county and state boards, see 37;1210.
Note.-See note preceding Chapter 37-7.
37-1114. [ 1360. Code of :1895.] New districts, and powers of board to employ teachers. Contracts must be in writing. Whenever it becomes proper to lay off new sub-sc.hool-districts or alter the boundaries of those already laid off, the board shall have full power to make such changes as the public necessities may require. The county boards are also empowered to employ teachers to serve in t.he schools under their jurisdiction, and the contracts for said service shall be in writing, signed in duplicate by the teacher on his own behalf, and by the county superintendent of sc.hools on behalf of the board.

Acts 1887, p. 68. 1889, p. 124.

Cross References.-Teachers to be paid monthly, see 37-1121. Payment of teachers, see Chapter 37-15. Special teachers of physical education, see 37-2003. Suspension of teachers by county superintendent, see 37-1210.
Note.-This section was omitted from t.h~ Code of 1910, as well as from the cod.e of school laws enacted in 1919. Although it is provided by Acts 1919, p. 288, that the school code is to be "substituted for existing sc.hool laws of this state," it was held in the case of Orr v. Riley, 160 Ga. 480, that this section is still of force. See note preceding Chapter 37-7. See also 37-1113.
371115. [ 1437 (n).] Reports by teachers. It shall be the duty of

48

the teachers to make and file with the county superintendent at the expiration of each term of school, a full and complete report of the whole number of pupils admitted to the school during said term, distinguishing between males and females and colored and white with the names thereof; the entire and the average attendance: the branches taught, the number of pupils engaged in the study of each of the said branches, and such other statistics as may be required to report by the county superintendent, or by the state school superintendent. Until such report shall have J:leen filed by said -teacher, it shall not be lawful for said county superintendent to audit the account of said teacher for his or her services.

Acts 1919, p. 325.

Cross References.-Examination and license of teachers, see 37-1215. Duty of teachers to keep record, see 37-1220. Payment of teachers, see
Chapter 37-15.
37-1116. [ :1437 (o).] Consolidation. The board of education of any county shall have the right if in their opinion, the welfare of the schools of the county and the best interests of the pupils require, to consolidate two or more schools located in the same or different districts into one school, to be located by said board at a place convenient to the pupils attending the same, said school house to be located as near the center of the district or districts as practicable. Whenever two or more schools are consolidated as hereinafter provided, the county superintendent shall call an election of trustees for said consolidated schools from the district or districts concerned; said election shall be held in accordance with 'the provisions of existing law, and the result determined and declared by the board of education.

Acts 1919, p. 326.

Cross Reference.-As to joint building and maintenance of schools for municipalities and counties, see 37-1604 et seq.
37-1117. [ 1437 (p).] Division of school districts. The county board of education shall have the further power, when the best interests of school demand, to separate or divide any school district into two or more school districts and to provide for the election of a board of trustees for each of said districts, and to do all other things for the government and control of said districts as is herein provided for the organization and control of school districts: Provided, that such county boards of education shall have authority to establish two schools in any school district in this state if they deem it best to do so.

Acts 1919, p. 326.

Cross References.-Duty of board to lay off county into districts, see

37-1301. Election of trustees, see 37-1304. 37-1:118. [ 1437 (q).] Rearrangement of districts. Whenever in the

f

opinion of the county board of education, the best interests of the school

49

demand, the board of education shall have the right to consolidate two or more districts or parts of districts or to add any part of one district to any other district or to change the line or lines of any district at any time, when in their judgment, the best interests of the schools require suc.h change, into one school district with the purpose of the election of the board of trustees and of the location of the school at some central place as hereinbefore provided; but should as many as one-fourth of the patrons of the said school or schools object to the consolidation (provided
said one-fourth of said patrons shall consist of at least ten) it shall be the duty of the county superintendent to call an election to be held in said district or districts affected, giving thirty (30) days'- notice of same by publishing the same once a week for four weeks in the paper in which the county advertisements are published, and also by posting notice at least at three or more public places in the district or districts to be affected thereby, at which election should a majority of the qualified voters vote for consolidation the schools shall be consolidated, otherwise not. The result of such election shall lYe determined and declared by the board of education and the same shall be held as other elections are held.
Acts 1919, p. 326.
Cross References.-Duty of board to lay off county into districts, see 37-1301. Merger of,independent school systems, see c.hapter 37-14.
37-1119. [ 1437 (r-1).] Annual appropriation for consolidated schools. The state superintendent of schools shall set aside eac.h year $400,000 or so much thereof as may be necessary, from funds derived from the polltax collected and paid into the treasury, to aid in the establishment and maintenance of consolidated schools in this state. When the county board of education shall combine smaller schools into a standard or approved consolidated school with at least four teachers, and evidence of this fact is furnished by the county superintendent of schools and board of education to the state superintendent of schools, and when it is made to appear to the state superintendent of schools that aid is needed to support such consolidated school, the state superintendent of schools s.hall be authorized to transmit $500.00 annually to the support of such school.
If in addition the local school authorities provide for an approved or standard four-year high school, and evidence of this fact is made to appear to the state superintendent of schools, that aid is needed to support said four-year high school, the state superintendent of schools shall be authorized to transmit $1000.00 annually to the support of said school; such funds in both cases shall be used by local authorities in the payment of salaries of principal and teachers.
When two or more schools in any county qualify under this section, either for the $500.00 aid or for the $1000.00 aid, the state superintendent
50

of schools shall determine to which one of suc.h schools said sums shall be paid; the state superintendent of schools shall be governed in his decision by the extent to whic.h the consolidated district has utilized its local ability in building, equipping, and supporting its school, and the number of children to be reached by the consolidation, the number of teachers, the ql!alifications of the teachers employed, and the character of the work being done by the school. No county now receiving, or that may hereafter receive, aid for both the consolidated ($500.00) and the high school ($1000.00) aid shall be eligible to further apply for such aid until every county in the state has had an opportunity to apply. If those counties not receiving both aids fail to qualify, then the state superintendent of schools is authorized to extend further aid to those counties receiving either or both aids as provided in this section and on same conditions as set forth above.
Acts 1927, p. 156.
Cross Reference.-Consolidation of schools, see 37-1116.
37-1120. [ 1437 (s).] Transportation of pupils. Whenever the county board of education or local board of trustees deem it for the best interest of the school, they shall have the right to provide means for the transportation of the pupils and teachers to . and from said school.
Acts 1919, p. 327; 1927, 174.
Cross References.-Compulsory school attendance, see Chapter 37-22.
37-1121. [ 1437 (t).] Statement by county superintendents of sums due. On the first day of eac.h month the county superintendent of schools of each county shall, under the approval of the county board of education, transmit to the state school superintendent an itemized statement of the various sums due and unpaid by the county board of education on said several dates mentioned in the preceding section whether the same be for teachers' salaries, for pay of the county superintendent of schools or for any other item of expense properly charged under the law to the county board of education, and when said itemized statements have been approved by the state school superintendent and presented to the governor, the governor shall issue his warrants upon the treasurer for all the funds standing to the credit of each of the several counties upon the books of the treasurer, or for such part thereof as may be needed to liquidate the indebtedness of the county board of education of such county, as shown by each itemized statement aforesaid. And the state treasurer shall, upon the presentation of the warrants aforesaid, draw his checks for the amount of said warrants in favor of the county superintendent of schools of the several counties and the state school superintendent s.hall immediately transmit said cher$s to the several county superintendents of schools, who shall promptly disburse the money so received in payment of the sums set out in the itemized statement aforesaid; and if the money is not sufficient to pay said sums in full, then
51

it shall be pro rated among the various items, provided, that the expenses of administration for each month shall first be paid in full, and the county boards of education are hereby authorized to make their contracts in such manner that the amounts payable to teachers for services rendered shall become due and payable monthly.
Acts 1919, p. 327.
Cross References.-Reports to grand jury, see 37-1214 and 37-1126.
37-1122. [ 1437 (u).] Borrowing to pay teachers. The county boards of education of the several counties of this state shall have the power and authority whenever they deem it necessary to borrow sufficient amounts of money, and no more, to pay for the operation of the public schools of their counties: Provided, that no board of education shall have authority under this law to borrow a sum of money greater in the aggregate than the sum to which the county may be entitled from the public school fund.
Acts 1919, p. 328.
Cross References.-Governor may borrow to pay teachers, see 37-1501. Bonds for building school houses, see 37-1601.
37-1123. [ 1437 (v).] Resolution authorizing loan . In order for any board of education to borrow money for the purposes hereinbefore stated there shall be passed by said board a resolution authorizing said money to be borrowed, in which resolution it shall be stated the amount of money to be horrowed, 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 superintendent of schools recorded on the minutes of the meet ings of said board of education.
Acts 1919, p. 328.
37-1124. [ 1437 (w).] Term of loan. 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 superintendent of schools that can be legally applied to the payment of the same.
Acts 1919, p. 328.
37-1125. [ 1437 (x).] Interest. Said board of education so borrowing money shall borrow the same at as low a rate of interest as possible and they are authorized to pay the interest on said money out of the public school fund for said county.
Acts 1919, p. 329.
37-1126. [ 1437 (y) .] Reports to grand juries. At the opening term of the superior court of each county in this state where money has been
52

borrowed by the board of education under the provisions of this law, the county superintendent of schools shall include in his report to the grand jury the amount of money so borrowed during the preceding year, from whom borrowed, the rate of interest paid, the date or dates the same was borrowed and when paid back.
Acts 1919, p. 329.
Cross Reference.-Report to grand jury, see 37-1214.
37-1127. [ 1437 (z).] Notes for money. After the resolution aforesaid has been passed by any board of education the president of the board of education, together with the county superintendent of schools shall have the right to execute a note or notes in the name of the board of education of said county for any money that is authorized to be borrowed, under the resolution passed by said board of education. ,
Acts 1919, p. 329.
Cross Reference.-County superintendent of schools, see Chapter 37-12. 37-1128. [ 1437 (aa).] Money, how used. When any money shall be borrowed under the provisions of this l~w, the same s.hall be paid over to the county superintendent of schools and become a part of the public school fund of said county and the same shall be by the county superintendent of schools paid out to the teachers of said county and the county superintendent of schools shall be responsible for any money borrowed under the authority of this law and paid into his hands in the same way and to the same extent that he is responsible for any other public school funds coming into his hands.
Acts 1919, p. 329.
37-1129. [ 1437 (bb).] Excessive appropriations. It shall be unlawful for any board of education to make any contract involving the expenditure of funds in excess of the total appropriation for the current fiscal year. Any indebtedness created, contract made, or order or draft issued in violation thereof shall be void.
Acts 1919, p. 329.
37-1130. [ 1437 (cc).] Warrants in anticipation of revenue. For the purpose of anticipating collection of the taxes of any year, the governor is authorized to draw his warrant at the end of each and every month during any year, in the favor of the state school superintendent or of the several county superintendents of schools and treasurers of locai school systems, in the discretion of the state board of education, for such amount or amounts as are then due the teachers. Said warrants shall be drawn on the funds appropriated by the legislature for any year, and shall not exceed in the aggregate amount the appropriation for the public schools so made for that year. The honor of the state is pledged to the payment thereof.
Acts 1919, p. 330. 53

371131. [ 1437 (dd).] Sale of warrants at discount. It shall be lawful to sell at a discount said warrants to any person, bank, or banking institution, the said sale to be made at the lowest possible rate of discount.
Acts 1919, p. 330.
37-1132. [ 1437 (ee).] Manual labor schools. The county board of education shall have power to organize in eac.b. county one or more manual labor schools on such a plan as may be self-sustaining: Provided, that the plan be first approved by the state board of education.
Acts 1919, p. 330.
Cross Reference.-Teachers receive certificates from state board of education, see 37-1221.
37-:1133. [ 1437 (ff) .] Evening schools. The board of education of any county or municipality 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 prev~nted by their daily vocations from attending the all day schools, subject to such regulations as may be provided by the state board of education.
Acts 1919, p. 330; 1931, pp. 7, 40.
37-1134. [ 1437 (gg).] High schools. The board of education of any county or municipality shall have the right to establish one or more high sc.b.ools or junior high schools as in their opinion may be necessary and may be possible through local taxation funds.
Acts 1919, p. 330.
37-1135. [ 1437 (hh).] Industrial education in public schools. De partment of industrial education. The board of education, or other constituted authorities having c.harge of the public schools in those counties or municipal corporations having a system of public schools supported by local taxation may open and annex to said schools, in their discretion, a department 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. It shall be lawful to procure the necessary equipment and pay teachers and the said board,_or other constituted authority, shall determine the number of such schools, the place where located, and the terms or sessions of same, toget.her with the ages at which children may attend the same.
Acts 1919, p. 331; 1931, pp. 7, 40.
Cross Reference.-Teac.hers licensed by state board of education, see 37-1221.
54

37-1136. [ 1437 (ii).] School fund. Fifty per cent. of all revenues received by the state from all sources of income or taxation shall be used and expended for the support and maintenance of the common schools of Georgia for the year in whic.h said income or taxes are due and payable.
Acts 1919, p. 331.
Cross References.-Disbursement of school funds, see 37-810. Fines and forfeitures part of school fund, see 37-2204. Proceeds from escheated property to be paid to school fund of county, see 103-504. School fund provided for by Constitution, see 22-6801.
37-1137. [ 1437 (jj).] Free tuition, etc. Admission to all common schools shall be gratuitous to all children between the ages of six and eighteen years residing in the sub-districts in which the schools are located. 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 common school fund.
Acts 1919, p. 331.
Cross References.-Compulsory school attendance, see Chapter 37-22. Tuition to be free and schools separate, see 22-6601.
37-1138. [ 1437 (kk).] County line schools. In special cases to meet the demand of convenience, children residing in one sub-district may b-y express permission of the county board, attend the common school of another sub-district, and when a common school is located near a county line, children from an adjoining county shall be permitted to attend the school; provided, such children reside near such schools or said school is more accessible to the residence 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, and with which superintendent the teacher shall contract and from whom she s.hall receive her pay; but such superintendent shall report to the superintendent of the other county, and shall be reimbursed by him for t.he proportionate amounts paid for maintenance of said school in the ratio of the attendance from the other county to the whole attendance. Arrangement for attendance upon county line schools is under the authority and direction of the superintendent concerned representing their respective boards and provisions s.hall be made for such children just as for others.
Acts 1919, p. 331.
Cross Reference.-Local districts across county lines, see 37-1302.
37-1139. [ 1437 (II}.] County entitled to part of funds. As soon as t.he county board shall communicate satisfactory evidence to the state
51'

school superintendent that arrangements have been made, by taxation or otherwise, for continuing the common schools, free to all, for at least six months in the year, throughout the entire county, said county shall be deemed and held entitled to draw her proportionate part of the state funds.
Acts 1919, p. 332.
37-1140. [ 1437 (mm).] Failure to arrange for schools. Whenever a board of education shall fail in any year to make arrangements to put schools in operation, it shall forfeit all rights to participation in the school funds of that year, unless the failure to arrange for such schools was from providential cause, or other good and sufficient reason to be judged of by the state board of education.
Acts 1919, p. 332.
Cross References.-School year, see 37-815. Setting aside money for county for school use, see 37-815.
37-1141. [ 1437 (nn).] Liability for and distribution of funds. When the funds drawn under apportionment, and any funds raised by local taxation, are placed in the hands of any county superintendent, he shall be holder for all amounts received on his official bond as treasurer, and shall disburse the same only upon the order of the county board of education, and the said county superintendent shall not be entitled to compensation for receiving any funds as herein provided.
Acts 1919, p. 332.
Cross References.-Bond of superintendent, see 37-1205. Fines and forfeitures part of school fund, see 37-2204.
37-1142. [ :1437 (oo).] School fund to be kept separate. When said common school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and 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 or gift, or bequest; and when taxes are paid into the treasury of the state the comptroller-general shall in no case receipt a tax collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amount paid in.
Acts 1919, p. 333.
37-1143. [ 1437 (pp-1).] School property exempt from levy and sale. Each and every lot or parcel of land which has been or may hereafter be obtained by any county board of education, independent school district, or consolidated school district for the use of the common schools, or common high schools, together with any buildings erected thereon
56

for school purposes, and all school furniture, shall be exempt 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 exempted portion to be set off by order of county board of education, or boards of trustees of independent school systems, or consolidated school districts.
Acts 1919, p. 331, 1926 Ex. Sess., p. 17.
Cross Reference.-Property exempt from taxation, see 100-501.
37-1144. ( 1437 (qq).] Extension work in agriculture and home economics. The board of education of the several counties of this state may employ and pay county agents and home demonstration agents to carry on the extension work in agriculture and home economics under the provisions of the Acts of Congress, approved May 8th, 1914 (Barnes' Federal Code 8413, 8414, 8518, U. S. C. A. Title 7.-Agriculture. Sections 341 to 348), the state's acceptance of the same approved August 14, 1914.
Acts 1922, p. 82.
Cross Reference.-Board may employ agricultural and home economics teachers, see 37-2307.
37-1145. [ 1437 (rr).] Extension work in agriculture and home economics; powers conferred. Power is conferred hereby upon the county tax levying authorities of the several counties of this state, as well as the county boards of education, to carry on educational work for the promotion of the extension work in agriculture and home economics under the provisions of Act of Congress, approved May 8, 1914 (Barnes' Federal Code, 8413, 8414, 8518, U. S. C. A. Title 7.-Agriculture. Sections 341 to 348), and resolution of the General Assembly of Georgia, under date of August 14, 1914, giving assent of the state to said Act of Congress, by employing county agricultural agents and home demonstration agents and supervising their work, and paying therefor.
Acts 1923, p. 88.
Cross Reference.-Teachers licensed by state board of vocational education, see . 37-1221.
37-1146. ( 1437 (tt).] Annual budget to be filed with state department of education. Each county and independent public school system receiving funds from the state shall annually, through its executive officer, make out and submit to the state department of education an estimated budget of its receipts from all sources and its proposed expenditures for the next year, according to blank forms to be prescribed and furnished by the state department of education, and upon such dates as may be required by the state department of education, and the
57

filing of such estimated budgets shall be made before the state superintendent of schools may transmit to such public school systems any of the state school funds for the year for which such budget is made.
Acts 1925, p. 135.
Cross References.-Distribution of school funds, see 37-810.
37-1147. [ 1437 (uu).] Classification of receipts and expenditures. The budgets provided for in this law shall be so made out as to properly systematize and classify the estimated receipts and proposed expenditures for the year, showing whether estimated receipts will be from the state, from the county, the district, the city, donations, bonds, or from other sources; and the estimated expenditures shall definitely set up amounts to be expended for "administrative expenses," "instruction," "operating expenses," "maintenance," "buildings," "equipment," "debts," or such other classifications as the state department of education may prescribe.
Acts 1925, p. 135.
37-1148. [ 1437 (vv).] Duplicate copies of budget. Approval. Duties of state superintendent. When the completed budget is made out as required by the state department of education, it shall be in duplicate and sworn to by the chairman of the board and. executive officer. When duly approved by the board a copy shall be put on file in its office, and another copy sent to the state school superintendent who shall then be authorized to send such funds as may be in his hands to the credit of the county, or independent system, and such county or independent system shall in their expenditures of all public school funds from whatever sources conform to said budget. No budget of expenses shall exCP.ed its estimated income.
Acts 1925, p. 136.
37-1149. [ 1437 (ww) .] Extra appropriation to common school fund. Equalization fund provided. In addition to the regular appropriation for the support of the public schools, the General Assembly shall provide an equalization fund, which shall .be disbursed by the state board of education for the purpose of more nearly equalizing the educational opportunities of the children of the several counties of the state. The state board of education, in its distribution of said equalization fund to county boards of education for the purpose of equalizing educational opportunities as between the several counties, shall take into consideration the possible returns from taxable values for school purposes, the extent to which local tax aid has been utilized, the educational needs, and the local inequalities existing in the several counties. No county ?r independent system shall share in the equalization fund for any year unless it levies at least five mills for a local tax for its public schools for that year.
Acts 1926 Ex. Sess. pp. 39, 40. 58

CHAPTER 37-12. COUNTY SUPERINTENDENT OF SCHOOLS.
37-1201. [ 1440 (a).] Election, term. The office of county superintendent of schools shall be substituted for the office of county school commissioner: Provided, that the person now holding the office of county school commissio~er shall continue to serve as county superintendent of schools during the remainder of the term for which they were elected respectively.
Acts 1919, p. 349.
Cross References.-Qualifications of county superintendents, see 371204. Office in court house to be furnished superintendent, see 37-1212. This chapter not applicable in cities of 100,000 people or more, see 237-1201.
37-1202. [ 1440 (b).] Terms of county superintendents. Residents of independent system disqualified to vote. All county superintendents of schools shall be elected for a term of four years at the same time and place as state and county officers are elected. Their terms of office shall begin with the first day of January following their election: Provided, if there is in any county one or more independent school systems not under the supervision of the county superintendent, the voters of such independei1t system or systems shall not vote in any primary or election for the county superintendent. Provided that this section shall not disqualify registered, qualified voters residing in the limits of a quasi-independent school district from voting in any election for superintendent of schools of said county or county school superintendent.
Acts 1919, p. 349. 1931, p. 124.
Cross References.-Elections, see Title 39. Elections. Superintendent may be suspended by county board, but may appeal to state board, see 37-1113.
37-1203. [ 1440. (c).] Vacancies, how filled. In the case of a vac:mcy by death, resignation or removal from office, or from any cause whatever, in the office of county superintendent of schools in any county in this state, the county board of education shall elect a county superintendent of schools for the unexpired term.
Acts 1919, p. 350.
Cross Reference.-County board of education, see Chapter 37-11.
37-1204. [ 1440 (d).] Qualifications of county superintendents. Before any person shall be qualified or eligible to the office of county superintendent of schools, he shall have had at _least three years' practical experience in teaching, hold a first-grade high school license, or in lieu thereof shall have a diploma from a literary college or normal school, or shall have had five years' experience in the actual supervision of
59

schools, or stand an approved examination before the state board as to his qualifications, be a person of good moral character, never convicted of any crime involving moral turpitude. The county superintendent of schools shall perform all the clerical duties which are now required of the county school commissioner. Before being eligible to qualify for election, candidates for the position must file at the state department of education a certificate as to qualification under at least one of the four methods prescribed by law. This certificate must be signed by the president of the board of education.
Acts 1919, p. 350.
Cross References.-First grade license, see 37-1218. Eligibility as regards residence, see 97-101 and Chapter 237-12.
37-1205. [ 1440 (e).] Bond. The county superintendent of schools must give bond with an approved surety company payable to the county board of education, the amount to be decided by the board. This bond must be filed with the ordinary and a copy recorded on the ordinary's rocords; 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.
Acts 1919, p. 350. 1925, pi 250.
Cross Reference.-Measure of damages for misconduct, see 97-1301.
37-1206. [ 1440 (f).] Compensation. Each county superintendent of schools within the State of Georgia shall receive a minimum salary of $450.00 per annum, and an annual allowance of $150.00 for the purpose of defraying the expenses of visiting "the schools within his county at least every sixty (60) days, or a total of $600.00 which salary shall be paid out of the school funds of Georgia monthly; and in addition thereto, the county board of education shall allow such additional compensation for the services to be rendered as may be in their judgment proper and just.
Acts 1919, p. 350.
Cross Reference.-Payment of teachers, see Chapter 37-15.
37-1207. [ 1440 (g).] Oath. Before entering upon the discharge of his official duties the said superintendent shall take and subscribe to the same oath required of the other .. officers of this state.
Acts 1919, p. 351.
Cross Reference.-Oath, see 97-401.
37-1208. [ 1440 (h).] Removal from office. Successor. The county superintendent of schools may be removed from office before the expiration of his term by a majority vote of the board of education for ineffi-
60

ciency, incapacity, neglect of duty or malfeasance -or corruption in office: Provided, that any superintendent so removed shall have the right of appeal from the action of the county board to the state school superintendent, and from the state school superintendent to the state board of education.
Acts 1919, p. 351.
37-1209. [ 1440 (i).] Duties. The county superintendent of schools shall constitute the medium of communication between the state school superintendent and the subordinate school officers. He shall be the agent of the county board in procuring such school furniture, apparatus, and educational requisites as they may order, and shall see that none but the prescribed text-books are used by the pupils; shall audit all ac:counts before an application is made to the county board for an order for payment; he shall procure 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, he shall turn over to his successor. It shall be his duty to enforce all regulations, rules, and instructions of the state superintendent of schools and of the county board of education according to the laws of the state and the rules and regulations made by the said board of education that are not in conflict with the state laws; and he shall, together with the state supervisors, superintend the county normals and institutes for the teachers of his county, and shall visit every school, both white and colored, within his school district which receives state aid, at least once every sixty (60) days and familiarize himself with the studies taught in said schools, see what advancement is being made by the pupils, advise with the teachers and otherwise aid and assist in the advancement of e.ducation.
Acts 1919, p. 351.
Cross References.-Distribution of funds on order of county board, see 37-1141. County line schools, see 37-1138. Inspection of school buildings, see 37-2102. Secretary of county board, see 37-1107.
37-1210. [ 1440 (j),] Examination and suspension of teachers. He shall superintend examinations of all t eachers of his county as provided. by law. H e shall hereafter suspend. any teacher under his supervision for non-performance of duty, incompetency, immorality or inefficiency, and for other good and s uffi cient causes, from which decision the teacher may appeal to the county board of education, and either being dissatisfied with their decision, they can appeal to the state superintendent or from there to the state board of education, the decision of which shall be final.
Acts 1919, p. 352.
Cross References.-County board to employ teachers, see 37-1114. Payment of teachers, see Chapter 37-15. Appeal to state board of education by teacher, see 37-705.
61

37-1211. [ 1440 (k).] Seal to be placed upon teacher's license. County superintendents of schools shall place upon all teacher's licenses issued by them the seal of the board of education of the county for which they are superintendents.
Acts 1919, p. 352.
Cross References.-Punishment for altering or forging license, see 37-9905.
37-1212. [ 1440 (I).] Office of superintendent in court house. The county authorities of the different counties of this state shall furnish the county superintendent of schools thereof an office in the court house, provided there is sufficient room in said court house after furnishing the county officers with offices as now provided by law.
Acts 1919, p. 352.
37-1213. [ 1440 (m).] Who may administer oaths. The county superintendent of schools and members of the county board of education are authorized to administer oaths necessary in transacting school business or in conducting investigations before the county boards when sitting as judicial tribunals for determining controversies arising under school laws.
Acts 1919, p. 352.
37-1214. [ 1440 (n).] Report of county superintendents. It shall be the duty of the county superintendent of schools to make a report of the school operations of the preceding year to the grand jury, at the spring term of the court, and to place his book before t.hem for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention.
Acts 1919, p. 353.
Cross References.-Monthly statement to state superintendent, see 37-1121. Statement of borrowed money, see 37-1126. Report to state superintendent, see 37-823.
37-1215. [ 1440 (o).] Examination and license of teachers. The county superintendents of schools shall examine all applicants for license to teach in their respective counties, giving previous public notice of the day upon which the examinations are to take place, and said superintendents shall be allowed to employ such persons as they think proper to assist in these examinations. Said examinations shall be held throughout the state on days to be fixed by the state school superintendent, and on questions prepared and sent out by him to the county superintendents of schools. The state school superintendent shall prepare and supply the county superintendent of schools with printed instructions as to grading applicants by a uniform grade, and shall fix the lowest standard
62

~ ~----------------------------~~--~~~.-~~
for each class of license. No applicants for teachers' licenses shall be examined on any other day than the one above described except in cases wllere the county board of education shall order a special examination; no special examination shall be ordered by said board except for good and sufficient reasons and to meet some special emergency. In such cases the questions shall be prepared by the county superintendent of schools or by some competent person under his authority, and their contents shall not be made known to the applicant or applicants until the examination actually commences; said examination shall be conducted under the same rules and regulations as are provided by law for other examinations, but the licenses granted shall be valid only until the next examination ordered by the state school superintendent. The county board of education shall have power, if they deem best, to employ teachers at a salary.
Acts 1919, p. 353.
Cross References.-Reports by teachers to county superintendent, see 37-1115. Penalty for violation of this section, see 37-9905. County board of education to employ teachers, see 37-1114. County superintendent to sign contracts with teachers on behalf of county board, see 37-1114. Teachers payable . monthly, see 37-1121. Superintendent may revoke licenses, see 37-1219. Teachers' licenses to be under seal, see 37-1211. Grading of applicants, see 37-1218. Payment of teachers, see Chapter 37-15. Punishment for altering or forging license, see 37-9905.
37-1216. [ 1440 (p).] Schools locally established and maintained. It is not the intention of this law to repeal or interfere with the laws which have been enacted establis.hing local tax district schools, municipal schools, or other schools already established by law, except that no person shall be allowed to teach in any school in the State of Georgia receiving state aid without first standing an examination and procuring a license as provided by the state board of education and state superintendent: ;provided, they are hereby authorized and directed to prescribe and require a different examination of teachers who are engaged in teaching primary grades only from that required of teachers of higher grades: Provided, nevertheless, that the state board of education may, when the authorities in charge of any local municipal schools are maintaining a sufficiently high standard of examination for its teachers, delegate to the authorities of these systems the right to license teachers to teach in their respective systems, upon examinations to be provided Ly such local authorities, reserving, however, to the state board of education the right to revoke this delegation of authority as to any local system whenever it appears that the authorities of that system have relaxed the standards or failed to give . examination. Nothing herein contained s.hall be construed as affecting the right of the authorities of local municipal systems to prescribe the course of study therein, or select text-books in those schools where they are now allowed to do so by law.
Acts 1919, p. 354. 63

Cross References.-Merger of independent school systems, see Chapter 37-14. Schools in cities and towns, see 37-1312.
37-1217. [ 1440 (q).] Local county and municipal systems. None of the provisions of this law shall apply to local county school systems which were in existence at the time of the agoption of the constitution of 1877.
Cross References.-Constitut ional proVlslOns, see 22-7001. Not apply in certain municipalities, see 237-1201.
37-1218. [ 1440 (r).] Grading of applicants. It shall b~ the duty
of the county superintendent of schools to grade the applicants according to the instructions furnished them by the state school superintendent, submitting his report and recommendations thereon in writing to the county board of education, who shall grant to the applicants licenses of the first, second or third grade, to be determined by the qualifications exhibited and the standard attained; provided, they shall attain at least the lowest grade mark fixed by the state school superintendent for each grade; and provided further, that each applicant submits with his~ or her examination paper satisfactory eyidence in writing of good moral character. A license of the first grade shall continue in force for three years, a license of the second grade for two .Years, and a license of the third grade for one year, which sa,id licenses in any of the common schools of the county where issued. Licenses to be good in another county other than the one in and for which they are' issued, must be endorsed by the county superintendent of schools of the county in which the applicant desires to teach.
Acts 1919, p. 354.
Cross References.-Examination and licensing of teachers, see 37-1215. Punishment for altering or forging licenses, see 37-9905.
37-1219. [ 1440 (s).] Revocation of licenses. The county superintendent of schools shall have power, and it shall be his duty, to revoke licenses granted by him or JJ.is predecessors, for incompetency, immorality, cruelty to pupils, or neglect of his duties and the revocation of the license of any teacher shall terminate the connection of said teacher with any school in which he may have been employed to teach; but any teacher so dismissed shall have the right to appeal to the county board of education whose decision shall be final.
Acts 1919, p. 355.
Cross References.-See references under 37-1218.
37-1220. [ 1440 (u).] Duties of teachers. After legal qualifications through license or certificate, each teacher shall keep an accurate account of the number of pupils entering the school room and the number of days of actual attendance. For this purpose the teacher shall be provided with a register by the local school authorities. Each teacher shall make reports and returns to the county superintendent of schools re-
64

quired by law, and it shall not be legal to make the final payment to any teacher until complete reports and returns have been made to the superintendent of schools.
Acts 1919, p. 356.
Cross References.- Reports by teachers, see 37-1116. Payment of teachers, see Chapter 37-15. Report to include what, see 37-1803 and 37-2202.
37-1221. [ 1440 (v).] Vocational studies; certificates. In vocational agriculture, trade and industrial and home . economics education, the certification of teachers is authorized by the state board of education.
Acts 1919, p. 356. 1931, pp. 7, 40.
Cross Reference.-Vocational education, see 37-2302.
CHAPTER 37-13. LOCAL TAX FOR PUBLIC SCHOOLS.
37-1301. [ 1438 (a).] School districts. It shall be the duty of the county board of education of each county in Georgia to lay off the county into school districts, the lines of which shall be clearly and positively defined by boundaries such as creeks, public roads, land lots, district lines or county lines. The school district thus marked out shall contain an area of not less than sixteen square miles, provided, that the board of education may have the right to establish districts with areas less than sixteen square miles where there are natural causes of local conditions that make it necessary to do so. The natural causes which will permit the creation of smaller districts are mountains, streams over which there are no bridges and dangerous roads. Local conditions which will permit the creation of small districts must be determined by the board of education.
Acts 1919, p. 333.
Cross References.-Failure to lay off districts, see 37-1303. General school laws to be observed regardless of provisions of this Chapter, see 37-1326. T erritory of former independent school system constitutes a school district, see 37-1403. Each county a school district, see 37-1101. Constitutional provision for local school tax, see 22-6901.
37-1302. [ 1438 (b).] Local tax districts across county lines. By concurrent consent and action, boards of education of two or more adjoining counties may l ay off and define school districts without regard to county lines: Provided, that the board of education of the county in which the school house is located shall have supervision of same; and provided, that the ordinary of the county in which the school house is located shall order the election ; and provided, that the tax collector of each county from which territory has been cut, shall collect the school tax levies by the trustees of the .school district thus formed in the territory cut from his county and .shall pay the same when collected to the authorized officer of the board. And provided further, if either county
65

votes county-wide local taxation for schools, thus automatically absorbing existing local tax districts into the county-wide system, that in such cases that part of any existing local tax district lying outside of the county so voting the county-wide local school tax s.hall be also automatically included for purposes of school support and administration in the county so voting the county-wide local school tax so as not to in terfere with existing local school conditions.
Acts 1919, p. 334.
Cross Reference.-County line schools, see 37-1138.
37-1303. [ 1438 (c).] Failure to lay off districts. The failure on the part of any board of education to perform the duties required by this Chapter shall be immediately inquired into by the first grand jury setting after such neglect of duty, and if said grand jury s.hall find any member or members of said board have failed to perform their duty it shall report the same to the judge of the superior court, who shall cause a rule nisi to issue against such member or members, and they shall be heard by the judge in their own be.half; if said member or members cannot give a good and sufficient reason why they have not performed their duties as required by this Chapter, they shall be discharged, and the said judge shall fill the vacancies until the next grand jury shall meet.
i
Acts 1919, p. 334.
Cross Reference.-County board of education to lay off county into school districts, see 37-1301.
37-1304. [ 1438 (d).] Election of trusfees. Within ninety days after the board of education has laid off the county as required in section 37-1301 or section 37-1302, said board may or may not order the citizens of the several school districts to hold an election for the purpose of electing five trustees for each district in the county. The election s.hall be held at a time and place and in a manner prescribed by the county board of education. The trustees shall be intelligent citizens of good moral character who are known to be earnest supporters of public education, and they shall serve, one for three years, one for two years, and one for one year, as the county board of education may determine. In districts containing incorporated towns there may be five trustees, one of whom s.hall be elected for one year, two for two years, and two for three years. The notice of their election shall be filed b~ - the election managers with the county superintendent of schools, whci' shall submit the same to the county board of education for their approval. After the local board of trustees have been approved and properly commissioned by the county board of education it shall meet immediately and organize by electing one of their members president, and one secretary and treasurer. If the county board of education should consider any member or members unqualified for the work, they shall refuse to confirm the elec-
66

tion of such member or members and require 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 b-y the county board of education as hereinbefore provided, and the election 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, upon written complaint of a majority of the voters of the district, to remove said member and have his successor elected as hereinbefore provided. But no trustee shall be removed from office without sufficient proof, and shall be served 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.
Acts 1919, p. 335. 1933, p. 55.
Cross References.-Duties of trustees, see 37-1305 and 37-1313. Duties of secretary and treasurer, see 37-1305. Election of trustees in consolidated schools, see 37-1116.
37-1305. [ 1438 (e).] Duties of trustees; bond of treasurer. Where trustees are elected, they shall be commissioned by the county superintendent and board of education through certificates furnished by the state superintendent of schools. This certificate shall be the warrant for the trustees to enter upon the performance of the duties of his office. These duties are as follows:
To visit the schools as often as practicable; to inspect the school work. done; to make recommendations to the board of education for the advancement of the school interests; to aid, by recommendation of desirable applicants, the county superintendent and board of education in keeping the school house and grounds in good condition and equipped for good work; to aid the county educational authorities in keeping the school supplied with fuel, water, and proper sanitary necessities; to make a written report once a year and oftener if necessary, to the county board of education, and in addition to the trustee appointed as treasurer shall keep an accurate account of moneys received and paid out in a substantially bound book . and submit a report each year to the county superintendent and the department of audits and accounts. Further, the treasurer shall make proper bond payable to the county board of education. In the event of failure to make this hond as required, all funds raised by local taxation, or otherwise, shall be paid over to the county board of education, to be disbursed by order of that body.
Acts 1919, p. 336; 1931, pp. 7, 40.
Cross References.-Bonds to build or equip school houses to be held by trustees, see 37-1602. H ealth regulations, see Chapter 37-19.
67

37-1306. [ 1438 (f).] Local tax election for county. Whenever the

citizens of any county wish to supplement the public school fund received

fr - the state by levying a tax upon the property of the county, it shall

e the duty of the ordinary to order an election not earlier than twenty

days, nor later than sixty days, after r eceiving a petitidn: of one-fourth

of the qualified voters of the county unl ess t.he numb er of qualified voters

in a county shall exceed fiv e thousand, in which event the ordinary shall

order the election after r_eceiving a petition of one-fourth of said voters,

and notice shall be published in at least three weekly issues of the county

newspaper in which legal advertisements of the county are published.

Said elections shall be held as ordinary county elections are held.. Those

favoring the levying of the local tax shall vote "For local tax for public

schools; " those opposed shall vote "Against local tax for public schools."

The returns of said election shall be made to the ordinary of the county,

who shall declare the res ult, and two-thirds of those voting shall be

necessary to carry said election for local taxation for public schools. An

election for the same purpose shall not be held oftener than every twelve

months. No person shall be allowed to vote in said election except t.hose

regularly qualified to vote in the state and county elections. If the

election is carried for local taxation, the ordinary or board of county

commissioners, whichever levies the county tax shall levy a local tax as

recommended by the county board of education, or such board of public

education, whether established by a general or local law, as has control

of the public sc.hools of the county, upon all the property of the county,

not to exceed one-half of one per cent., and the same shall be collected

by the _county tax collector and paid by him to the county board of educa-

tion or such board of pub-lic education, whether established by a general

or local law, as has control of the public schools of the county. The

county tax collector s.hall keep the funds thus collected separate and

distinct from all county and state funds and he shall r eceive a commis-

sion of two and one-half per cent. for collecting th e same. He shall pay

over to the board of education all moneys collected for the schools once

a month: Provided, that if there be an incorporated town in a county

holding an election as provided in this section now operating a public

school system, it s.hall not be included in the election without the con-

sent of the municipal authorities, but if the muni cipal authorities should

so wish, they may abolish their system by a special act of the legislature

and avail themselves of the provisions of this C.hapter. This section

shall not be construed as abridging or impairing any right of taxation

for public schools now possessed by any educational board of any county

of this state under existing Jaws.



Acts 1919, p. 337.
Cross References.-Election to repeal, see 37-1310. Persons entitled to vote, see 39-705. School tax due b-y delinquent, see 100-4204. As sessment by tax receiver, see 100-4213.
37-1307. [ 1438 (g).] Election expenses. The expense of an election
68

held in a county or district to determine whether there shall be local taxation for the support of common or public schools, as provided for by the preceding section, should be paid by the county and should not be taken from the common or public school fund.
Acts 1919, p. 338.
/ 37-1308. [ 1438 (h).] Election for school districts. Whenever the citi-
zens of any school district wish to supplement the funds received from the state public school fund by levying a tax for educational purposes, they shall present a petition from one-fourth of the qualified voters of the district to the ordinary who shall order the election not earlier than twenty days nor later than sixty days after the petition is received; provided, that notice of same shall be posted in at least three conspicuous places in the district ten. days prior to the election. The election shall be held at a time and place prescribed by t.he proper authorities, and under rules governing ordinary elections. Those favoring local taxation for public schools shall vote "For local taxation for public schools;" those opposed shall vote "Against local taxation for public schools." The returns of said election shall be made to the ordinary of the county, who shall declare the results, and two-thirds of t.hose voting shall be necessary to carry the election for local taxation for public schools. No person shall vote in said election except the regularlY qualified voters residing in the district six months prior to the election. An election for the same purpose shall not be held oftener than every twelve moriths.
Acts 1919, p. 338.
Cross References.-Building school houses in local tax districts, see Chapter 37-16. Who are entitled to vote, see 39-705.
37-1309. [ 1438 (i).] Local tax election for municipalities. Any
municipality authorized by law to establish and nfai'irraiii. ~em of
public schools by local taxation, in )Vhole or in part, and which is not now specifically authorized to hold an election on the question of local taxation for school purposes, shall have the right to submit the question of local tax for public schools to the qualified voters of t.he municipality. Upon petition of one-fourth of the qualified voters of such municipality, the municipal authorities shall order an election to be held not earlier than forty days after receiving such petition. Notice of such election shall be published in a newspaper in the municipality at least once a week for two weeks before the election, or if there be no such newspaper, then notice of such election shall be posted in at least three conspicuous places within the municipality ten days prior to the election. Those favoring local taxation for public schools shall have written or printed on their ballot "For local taxation for public schools," and those opposed shall .have written or printed on their ballots "Against local taxation for public schools.." The returns of such election shall be made and the result declared, as prescribed for other elections in and for the municipality. Two-thirds of those voting shall be necessary to carry the
69

election for local taxation. An election for the purpose herein named shall not be held oftener than once every twelve months.
Acts 1919, p. 339.
Cross References.-Merger of independent school systek s, see Chapter 37-14. How number of votes ascertained, see 96-504.
37-1310. [ 1438 (j).] Election to repeal. An election for repealing the local tax law provided for in this Chapter when the .same has been established for over three years shall be called as in the first instance. And if abolished by vote under similar regulations as in the first instance, no new election for recreating same shall be called within one year. If not abolished by vote, no election for the same purpose shall be called within one year; provided, that in the event such election is favorable to the repealing of the local tax as aforesaid, the then existing board of trustees of such district or county shall be empowered, authorized and directed to continue to levy and collect tax in such district or county to meet all of the then existing legal obligations and the indebtedness of such district and county to pay off the same.
Acts 1919, p. 339.
Cross References.-Merger of independent school systems, see Chapter 37-14. Local tax election, see 37-1306.
37-1311. [ 1438 (k).] Local school systems. Authority is given by the constitution to municipalities to establish and maintain public or common schools in their respective limits by local taxation. It is not in accordance with the laws of this state to incorporate a school district and mark off a town inside of it, the town to exercise all the municipal functions and the school district none. It s.hall not be legal to establish the form of a municipal corporation in a rural district with practically no other powers nor purposes than the local control and management of the schools of that territory.
Acts 1919, p. 340.
Cross Reference.-Merger of independent school systems, see Chapter 37-14.
37-1312. [ ;1438 (I).] School systems in cities and towns. Nothing in this Chapter shall be so construed as to prevent any city with a population greater than two thousand inhabitants, or any county or town under the authority of the General Assembly of this state, from organizing a public school system independent of this system, or to prevent said organization from drawing its pro rata share of all educational funds raised by the state: Provided, the chief executive officer of such independent organization shall make the same regular reports to the state school superintendent as are required from county superintendents by this Chapter. Nothing contained in this Chapter shall be construed to annul or repeal any local law now of force in any city or county in this
70

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state providing for the organization and maintenance of the common or public schools in such city or county.
Acts 1919, p. 340. Cross References.-Merger of independent school systems, see Chapter 37-14. Local schools not affected, see 37-1216.
37-1313. [ 1438 (m).] Trustees and secretary; powers and duties. In those districts which levy a local tax for educational purposes, the board of trustees shall make all rules and regulations to govern the schools of the districts, and build and equip schoolhouses under the approval of the county board of education. They shall have the right and power to use the schoolhouses and school properties in the district or permit the same to be used for educational purposes: Provided, the use of the schoolhouses and school properties in no way conflicts with the public school or schools in the district. They shall have the right to fix the rate of tuition for non-resident pupils, and to fix the salaries of the teachers. They shall receive from the county board of education the share of public-school funds apportioned to the district by the county board of education. They shall determine the amount necessary to be raised by local tax on all the property of the district. The secretary of the board of trustees of said district, with the aid of the county superintendent of schools of said county, shall ascertain from the tax returns made to the tax-receiver, and from the returns made to the comptrollergeneral, the total value of all the property in said district subject to taxation for county purposes, and a regular digest of all such property in said district shall be made by said secretary in a book furnished by the board of trustees and kept for that purpose. At or before the time of fixing the rate of taxation for said county, the secretary of each local board of. trustees, with the aid of the county superintendent of schools, shall levy such rate on the property thus found as will raise the total amount to be collected: Provided, that such rate shall not exceed onehalf of one per cent. The county superintendent of schools of each county, at or before the time for fixing the rate of said county by the ordinary thereof, or the county board of commissioners, as the case may be, shall certify to. the said ordinary, or said board of commissioners, as the case may be, and to the comptroller-general of the state the rate of taxation fixed for each school district in the county, and said taxing authority of said county shall levy such special tax at the same time and in the same manner as is now prescribed for levying taxes for county purposes. A copy of the special tax digest of said local tax district shall be furnished by the secretary of the local board of trustees to the taxcollector of the county.
Acts 1919, p. 341.. 1925, p. 87.
Cross References.-Returns to secretary, see 37-1315. Bond of secretary and treasurer, see 37-1320. Compensation, see 37-1319. Reports to county board, see 37-1319. Resolution to borrow money to be recorded in minute book, see 37-1333. Teachers to be employed by county board, see 37-1114.
71

Note.-In section 184 of Acts 1919, pp. 288, 363, it is provided that that Act (the code of school laws) be "substituted for the existing school Jaws of this state and that all existing school Jaws of this state and all Jaws or parts 'of laws in conflict herewith are hereby repealed." (See note preceding Chapter 37-7.) Notwithstanding this provision, the Acts, 1925, p. 87, purports to amend section 1537 of volume 1 of Park's Anno! .Code of Georgia although the provisions of that section were included in the code of school laws (section 129, Acts 1919, p. 341; 1438 (m) of volume 8 of Park's Anno. Code Supplement).
As to how statutes and sections of Code amended, see 22-1816.
37-1314. [ 1438 (n).] Tax collector, duties of. It shall be th e duty of the tax collector to compute and collect said taxes, keeping the same separate by school districts from the county and state funds, and monthly turn same over to the secretary of suc.h local school districts, as well as tax received for said district from railroads and other corporations that make their returns to the comptroller-general taking the receipt for the same upon order from the county superintendent of schools, and said tax collector shall receive as compensation thereof two and one-half per cent. of the amount collected up to eighteen thousand ($18,000.00) dollars and one and one-fourth per cent. on any additional amount collected.
Acts 1919, p. 342.
37-1315 [ 1438 (o).] Tax returns of citizens. In any case in which it is impossible to determine from tax returns made to the tax receiver of the county the value of the property of any citizen situated in any school district and subject to taxation in said district, the secretary of the board of trustees shall issue a summons to said tax payer requiring him to make returns within five days to said secretary of his property situated in said district and subject to taxation for school purposes. Should said return be unsatisfactory to said secretary, he shall reject the same and submit said returns to arbitration as is now provided by Jaw for such cases when returns are rejected by tax receivers.
Acts 1919, p. 342.
37-1316. [ 1438 (p).] Corporate property subject to taxation. All property, both real and personal including franchises belonging to railroads, telegraph and telephone companies, and to all other corporations 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 subject to taxation by said school district as fully and completely as is the property of the other corporations within such taxable limits.
Acts 1919, p. 342.
37-1317. [ 1438 (q).] Returns of corporate property and distribution for taxation. 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
72

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corporation's property in each of said school districts through which it runs. And for the purpose of enabling such corporation to show in said returns the value of its property in such school districts, it is hereby made the duty of the county superintendent of schools of each county to furnish to each such corporation, information as to the boundaries of each school 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.

The rolling-stock, franchises and other personal property of said corporations shall be distributed to said school districts on the same basis that rolling-stock, franchises and other personal property are distributed to counties and muni cipalities under the law; that is, at the value 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, franchises, and other personal property to be distributed for taxing purposes to each school district.

Acts 1919, p. 342.

37-1318. [ 1438 (r).] Other prov1s1ons made applicable. All of the

'

other provisions of Chapter 100-18, so far as they can be applied are

applicable to the assessment and collection of taxes of all such companies

and corporations whic.h are now required by law to make their returns

to the comptroller-general by and for school districts in this state upon

the property and franchises of such companies located in such school

districts and upon the rolling-stock, franchises and other personal prop-

erty distributed under the provisions of this Chapter. The board of

education must exercise supervision over the local tax as well as the

other districts under its jurisdiction and is authorized to distribute and

apportion the public or common school fund to the different school dis-

tricts of the county either on the salary basis of the teachers, or else

according to enrollment or allowance, as may be for the best interest of

the district and county as a whole.

Acts 1919, p. 343.

37-1319, [ 1438 (s).] Secretary and treas.urer, reports by, and compensation of. The board of trustees may have the right to pay the secretary and treasurer a commission on the amount of local tax collected not to exceed two and one-half per cent., but there shall be no commission allowed on the amount received from the state. They shall furnish quarterly to the county board of education a statement showing all receipts, disbursements and cash on hand. They shall also furnish statements showing the school population, enrollment, average attendance, course of study and other data the county board of education may require whenever called upon to do so.

Acts 1919, p. 344. 73

37-1320. [ 1438 (t).] Bond of treasurer. It shall be the duty of the treasurer or the secretary and treasurer of any board of trustees of a public school receiving money raised by local taxation for public schools, to make a good and sufficient bond for the faithful performance of his duties, payable to the county board of education in a sum not less than double the amount of money likely to be received by him during his term of office, the amount and sufficiency of said bond to be judged by the county board of education, which amount may be increased in the discretion of the county board of education.
Acts 1919, p. 344.
Cross References.-Bond of treasurer, see 37-1305. Failure to give bond, 37-1321.
37-1321. [ 1438 (u).] Failure to give bond. In the event the treasurer or secretary and treasurer as aforesaid, shall fail to make the bond as required in section 37-1320, then and in that event, any money raised by local taxation for public schools or otherwise, which under the laws should have been paid over to the treasurer or the secretary and treasurer, shall be paid over to the county board of education to be by them
, paid out on the order of the board of trustees of such school district in
the manner other moneys are paid out by them.
Acts 1919, p. 344.
37-1322. [ 1438 (v).] Method of disbursement. The treasurer or secretary and treasurer as aforesaid shall not pay out any money as held in his hands, except upon the order of the board of trustees, signed by the president or chairman, of which he is treasurer or secretary and treasurer. He shall further in all cases take a receipt for all moneys expended or paid out, which shall be attached to the order for same, which when properly done, shall constitute a proper voucher for the money thus paid out.
Acts 1919, p. 344.
Cross Reference.-President of board of trustees, see 37-1304.
37-1323. [ 1438 (w).] Audit of books and accounts of treasurer. The treasurer or the secretary and treasurer as aforesaid, shall keep an accurate account of all money received and paid out by him in a substantially bound book, which, together with all vouchers, shall be submitted once each year to the county superintendeut of schools to be audited by the state auditor when he shall audit the county superintendent's books, but the county board of education may direct that any J other competent person audit these books.
Acts 1919, p. 345.
Cross References.-Powers and duties of treasurer, see 37-1305. P'owers and duties of secretary, s..e 37-1313.
74

37-1324. [ 1438 (x) .] Application of this law. The provisions of this law shall apply to all school districts which have adopted or may adopt local taxation for public schools under the district plan as provided under this code. This law shall not apply to any municipal system of schools in this state.
Acts 1919, p. 345.
37-1325. [ 1438 (y).] Elections, how governed. All elections held under the provisions of this Chapter shall be governed as to registration and qualification of voters as the general laws governing special elections provide.
Acts 1919, p. 345.
See Park's Ann. Code, 1544.
Cross Reference.-Registration and qualification, see 39-707. 37-1326. [ 1438 (z).] General school laws to be observed. W'hrle it is the purpose and spirit of this Chapter to encourage individual action and local self-help upon the part of the school districts, it is expressly understood that the general school laws of this state as administered by the county board of education shall be observed.
Acts 1919, p. 345.
37-1327. [ 1438 (aa).] Power to levy and collect taxes. Power is hereby delegated to, and conferred upon, the several counties of this state to levy and collect taxes for educational purposes in such amounts as the county authorities shall determine, the same to be appropriated to the use of the county board of education, and the educational work directed by them.
Acts 1922, pp. 81, 82.
Cross References.-County boards of education, see Chapter 37-11. Taxes to pay bonds, see Chapter 37-16.
37-1328. [ 1438 (bb).] Additional tax levy election. Conduct, Whenever the voters in a county, municipality, school district, or in an independent local system, desire to hold an election in pursuance of paragraph 1, section 4, article 8 of the Constitution of the State of Georgia, to determine whether a levy for public school taxes shall be made additional to the levy of the maximum tax of five (5) mills on the dollar allowed by said constitutional provision to be made on the recommendation of boards of education without an election, such election shall be called, held and the result declared for counties in the manner prescribed in section 37-1306 and for school districts and independent local systems in the manner prescribed in section 37-1308, and for municipalities in the manner prescribed in section 37-1309.
Acts 1922, p. 153.
Cross Reference.-Additional t ax to pay bonds, see 37-1607.
75

37-1329. [ 1438 (cc).] Additional tax to be specified. Successive elections. In the call for said election the additional tax proposed to he levied shall be specified; and successive elections may be .held until the additional maximum tax of five (5) mills on the dollar shall be levied as permitted by said constitutional provision.
Acts 1922, p. 154.
37~1330. [ 1438 (dd) .] Levy of tax. If the election is carried for the levy of such additional taxes for the county, such additional tax shall be levied in the manner specified in section 37-1306.
Acts 1922, p. 154.
37-1331. [ 1438 (ee).] Election to repeal. An election for repealing the additional tax levied in pursuance of an election held as above may be had under the conditions prescribed by and in conformity with section 37-1310.
Acts 1922, p. 154.
37-1332. [ 1438 (ff).] Board of trustees of local school district authorized to borrow to pay teachers for current year. The board of trustees of any local school district levying a local school tax shall have authority to borrow money in amounts not to exceed the local tax collected on property within the district during any current year, said fund or funds borrowed to be used only for purpose of paying 1teachers for the current year, and not for a longer period than twelve months.
Acts 1926, Ex.. Sess., p. 38.
Cross References.-Rules governing county schools, see 37-1113. Resolution authorizing loan, see 37-1123. Governor may borrow to pay teachers, see 37-1501.
37-1333. [ 1438 (gg).] Resolution to borrow to be recorded in minutebook of -trustees. In order for a ny hoard of trustees of any local school district to borrow money for the purpose hereinbefore stated, there shall be passed by said board of trustees a resolution authorizing said money to be borrowed, in which resolution shall be stated the amount of money to b13 borrowed, the length of time the same is to be used, the rate of interest to be paid, and for what purpose borrowe d, and from whom t.he same is to be borrowed ; which resolution shall be by the secretary of said board of trustees recorded in the minute-book of said board of trustees, and a copy of said resolution forwarded to the county superintendent of schools.
Acts 1926, Ex. Sess., p. 38.
37-1334. [ 1438 (hh) .] Chairman of board of trustees with secretary to execute notes for loan. After the resolution aforesaid has been passed, t.he chairman of said board of trustees together with the secretary, shall have the right to execute the note, or notes, in the name of said board
76

of trustees of said local school district for any money that it is authorized to borrow under the resolution passed by said board.
Acts 1926, Ex. Sess., pp. 38, 39.
37-1335. [ 1438 (ii).] Period of loan. Repayment. No money shall be borrowed for a longer time than is necessary, and the same shall be paid back out of any funds coming into the hands of said board of trustees from local district tax collected on property within said district.
Acts 1926, Ex. Sess., pp. 38, 39.
CHAPTER 37-14. MERGER OF INDEPENDENT SCHOOL SYSTEMS.
37-1401. [ 1438 (jj).] Municipality or independent school district authorized to repeal special school law. Procedure, etc. Whenever the citizens of municipality or independent school districts authorized by law to establish and maintain a system of schools by local taxation, in whole or in part, and which is operating a system of public schools independent of the county-school system, wish to annul their special school law and become a part of the county-school system, they shall present and file with the mayor or chief executive officer of the city a petition signed by one-fourth of the qualified voters of their territory, and said mayor or chief executive officer shall then within not less than twenty days and not more than sixty days thereafter call an election. Notice of such an election shall be published once a week for two weeks in the paper in which the sheriff of the county publishes his advertisements, and posted at three public places within the territory concerned, at least ten days prior to such election. The election shall be held at the place and in the manner of usual elections. Those favoring the repeal of the i.ndependent local law shall have written or printed on their ballots "For Repeal," and those against repealing their independent local law shall have written or printed on their ballots "Against Repeal." The returns of said election shall be made to the mayor or chief executive officer, who shall declare the result, and a majority of those voting shall be necessary to carry the election. Only qualified voters residing within the municipality or district for six months prior to the election shall vote. An election shall not be held for the same purpose oftener than every twelve months.
Acts 1926, Ex. Sess., p. 40.
Cross References.-Regulations as to local school systems, see 37-1311. School systems in cities and towns, see 37-1312. Local tax election, see 37-1309. This C_hapter not applicable in cities of 200,000 or more popula-
tion, see 237-1401.
37-1402. [ 1438 (kk).] Proceedings after election. When the results of said election are declared and published in favor of repealing such
77

independent school system, making the territory included in said system thereby to become a part of the county-school system, said independent or local school system shall continue to function under its local laws, organizations, and regulations until the county board of education shall arrange for the operation by them of such school or schools within said local system as a part of their public-school system.
Acts 1926, Ex. Sess., p. 40.
37-1403. [ 1438 (II).] Territory formerly included constitutes school district. Where any local or independent system is repealed by and in the same manner provided in sections 37-1401 and 37-1402, the territory . formerly included in such independent system shall become and constitute a school district of the county in which it is located, and shall enjoy the same privileges and shall be governed by the same laws as other school districts in said county, including the authority to levy local taxes for school purposes; provided that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts.
Acts 1926, Ex. Sess., p. 40.
Cross References.-S chool districts, see 37-1301. Not applicable in certain municipalities, see 237-1401.
CHAPTER 37-15. PAYMENT OF TEACHERS. I
37-1501. [ 1438 (mm).] Governor's authority to make debt to pay teachers. Pursuant to the amendment to article 7, section 3, paragraph 1 ( 22-5101) 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 condition 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 not at any time exceed the aforesaid constitutional limit, and said note or notes shall not mature later than February 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 comptrollergeneral and secretary of state.
Acts 1927, p. 168.
Cross References.-County board of education may borrow to pay teachers, see 37-1122. Board of trustees of local school district may borrow to pay teachers, see 37-1332.
37-1502. [ 1438 (nn).] Authority to use funds allocated from special funds to pay teachers. The governor is further authorized and em-
78

powered, at any time in his discretion, to impress, use, and employ for the payment 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 obviate the necessity of incr~asing 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 Chapter.
Acts 1927, p. 168.
37-:1503. [ 1438 (oo).] Limit of authority. 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 Chapter.
Acts 1927, p. 168.
CHAPTER 37-16. BUILDING SCHOOL HOUSES IN LOCAL TAX DISTRICTS.
37-1601. [ 1439 (a).] Election for bonds to build and equip school houses. W:hen one-fourth of the registered qualified voters of a school district, consolidated district or county, in which a local tax is now, or may hereafter be levied for school purposes, or of a district in a county now levying a local tax, shall be filed with the board of trustees, or board of education of such a school district, consolidated district or 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 houses for said school district, consolidated district or county, the required number of petitioners to be determined by the said board of trustees, or board of education, it shall be the duty of said board of trustees, or 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 for a county issue of bonds except as herein otherwise provided. The said board of trustees, or b-oard of education, in case the election is for a bond issue, shall follow the law as required of county authorities as embodied in section 96-501 et seq., in the issue thereof. Said board of trustees or board of education may order such election to be held on the school site or other suitable place in the school district, consolidated district or county, of which they shall give notice by posting same at three public places in said school district, consolidated district or county, not less than ten days previous to said eleetio:fi. None but registered qualified voters shall be permitted to vote in said election. The tax collector shall furnish a certified list of registered voters
79

in such school district, consolidated district, or county, to the managers of the election ten (10) days . before such election is held. The ballots cast shall have written or printed thereon "For school house," or "Against school house." The ballots cast and the voting list shall be lodged with the board of trustees, or board of education who sha11 ,declare the result. Said board of trustees or hoard of education or a mafority of them shall be the election managers, and if for any reason they fail to act, any three . freeholders of the sc.hool district, consolidated . district or county, may qualify and act. Said board of education shall have nothing to do with the location of the school site in local districts except on appeal.
Acts 1919, p. 345. 1921, pp. 221, 223.

Cross References.-Btuilding requirements, see Ohapter 37-21. Who are

qualified voters, see 39-705. Registered voters' list to be filed with

clerk of superior court, see 39-704.



37-1602. [ 1439 (b).] Proceeds of bonds, how held and used. Should bonds be issued and sold, the proceeds shall be turned over to the board of trustees or board of education, in trust for the purpose of erecting a school building or buildings or purchase buildings already erected which said board of trustees or board of education may deem suitable. Said board of trustees, or b'oard of education, is authorized to remove, sell or otherwise dispose of old buildings, or buildings and grounds and select a new site and erect a new building thereon, and add to the proceeds from the sale of bonds any other proceeds which may come from disposition of building or buildings and site, or from donations or otherwise, all to be held in trust to be used for the purpose aforesaid, and no compensation shall be paid to said board of trustees, or board of e ducation, nor any member thereof for service. Said board of education shall have nothing to do with the location of the school site in local districts except on appeal.

Acts 1919, p. 347. 1925, p. 251.

37-1603. [ 1439 (c).] Bond election. Tax to pay expenses of bonds. In all counties of this state in which a local tax is now, or may hereafter be levied for school purposes, throughout the entire county, or throughout the entire county except that part embraced within the incorporated limits of a municipality or municipalities, when one-fourth of the registered qualified voters of such territory shall file with the board of education of such county, a petition asking for an election for the purpose of determining whether or not honds shal1 be issued for the purpose of building and equipping a school house or school houses for / :said county, or for the purpose of purchasing sites and buildings to be used for such purposes, or for the purpose of purchasing a site and erec~ing school houses thereon, either one or all, the required number of petitioners to be determin<Jd by said board of education, it shall be the duty of said board of education to fix the amount, denomination, rate

80

of intere::;t, 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 board of education shall order such election to be held at the various polling places throughout the county or throughout the territory to be affected of which they shall give notice by publication thereof once a week for four (4) 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 territory to b-e affected shall be permitted to vote in said election. The tax collector shall furnish a certified list of registered voters in such county or in the territory to be affected, to the managers of the election, ten (10) days previous to said election and after the same 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 bonds" or "Against school house bonds." The managers of the election, including such clerks as may be necessary, shall be appointed by the ordinary. The polls shall remain open during the hours 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 two-thirds of the votes cast at such 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 b-y law for other county bonds; the proceeds shall be turned over to the board of education in trust for the purpose or purposes aforesaid. Said board shall be authorized to remove, sell or otherwise dispose of old buildings, or buildings and grounds and select new sites and erect new buildings thereon, or to contract for and purchase sites or sites and buildings, and add the proceeds of the sale of any such property to the proceeds from the sale of the bonds, and all to be held in trust for the purposes aforesaid, and no compensation or commission shall be paid to said board of education nor any member thereof for services rendered in this respect. The county authorities, in levying and assessing taxes for the purpose of paying the interest and returning and paying off of said bonds 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 such taxes only against the property located within the area or territory within which said election is held. For the purpose of taking care of and paying the principal and interest of these bonds for district, consolidated district, or county, the board of education shall recommend and the board of county commissioners, or ordinary, as the case may b-e, shall levy upon the property subject to taxation in the school district, consolidated district, or county, as the case may be, such 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 there-
81

on; this to be in addition to the general tax for the maintenance of the schools of said territory.
Acts 1919, p. 347. 1921, pp. 221, 225.
Cross References.--When and how elections held, see :i9;1602. When polls open in counties of 100,000 or more in.habitants in election for school house bonds in local tax districts, see 237-1601.
37-1604. [ 1439 (e).] High schools; joint building ' and maintenance. Counties and municipalities located therein (having independent school systems supported in whole or in part by local taxation) may contract with each other fot the joint building and maintenance of high school buildings to be located within such municipalities for the joint use of the children living in such municipalities and those living in the county outside of the limit of such municipalities.
Acts 1923, pp. 98, 99.
Cross Reference.-Consolidation of schools in same or different districts, see 37-1116.
37-1605. [ 1439 (f).] Contract for joint building of high school; approval and confirmation. The contract provided for in the preceding section shall be entered into, in the first instance, by the city board of education and county board of education, or by other authorities by whatever name called, having charge of the educational affairs of the city and county, respectively, upon such terms and conditions as may be agreed on, and shall then be approved and confirmed by the mayor and council and board of county commissioners, or other authorities by whatever name called, having charge of the fiscal affairs of the city andcounty, respectively,
Acts 1923, p. 99.
37-1606. [ 1439 (g).] Bonds for joint building and maintenance of high school. When the contract has been made and approved, as provided in the two preceding sections, then the authorities of the county and municipality having charge of their fiscal affairs may issue bonds for their proportion of the cost of such buildings, as agreed on, in the manner provided by law for the issuance of bonds by a county or municipality; and the call for election shall provide that if the other contracting party shall fail to carry an election for bonds, for the same_ purpose, the election for bonds provided for in the call, even if carried, shall not be effective and that all previous acts in connection with the issuance of said bonds shall, in such event, be void and of no effect.
Acts 1923, p. 99.
37-1607. [ 1439 (h).] Levy of taxes to pay bonds, etc. When an election for the bonds provided for in the preceding section has been carried as provided by law, then the county and municipal authorities
82

may thereafter each levy a tax sufficient to pay the principal and interest of such bonds, issued by each party, and the cost of maintenance of such building, in addition to any other taxes they are now authorized by law to levy.
Acts 1923, p. 100.
371608. [ 1439 (i).] Exclusiveness of preceding sections as to building high schools. The provisions of sections 37-1604 to 37-1607 shall not be construed to be the exclusive means for the building of high school buildings but the provisions of said section shall be construed to be permissive and cumulative to any other means now or hereafter provided by law.
Acts 1923, p. 100.
CHAPTER 37-17. SPECIAL DAYS.
37-1701. [ 1441 (a).] Observance of special days. The county and local boards of education shall see that the following days are observed either by holidays or appropriate exercises and it shall be the duty of the state superintendent of schools to arrange programs for the proper observance of these occasions, and .of the superintendent and teachers to direct the attention of the pupils to these dates and topics by practical exercises:
1. Thanksgiving Day, last Thursday in November. 2. Uncle Remus Day, December 9. 3. Lee's Birthday, January 19. 4. Georgia Day, February 12. 5. Washington's Birthday, February 22. 6. Arbor and Bird Day, first Friday in December. 7. Memorial Day, April 26. Acts 1919, p. 356.
37-1702. [ 1441 (b).] Temperance Day designated. The fourth Friday in March of each year, being the nearest Friday to March 28th, the date upon which prohibition went into effect, shall be designated and known as Temperance Day in the public schools of this state.
Acts 1922, pp. 183, 184.
37-1703. [ 1441 (c).] Prog1ams in schools. On Temperance Day at least two hours shall be devoted in the public schools of this state to a program, which shall be educational in nature, teaching the good of temperance and prohibition, and the evils of intemperance and disobedience to law.
Acts 1922, p. 184.
83

CHAPTER 37-18. INSTRUCTIONS IN ANIMAL, BIRD, AND FISH LIFE.
37-1801. Purposes of Chapter. The purposes of this Chapter are, lessening crime and raising the standard of good citizenship and inculcating in the minds of the children of this state a spirit of thrift, ,,; economy, and kindness therefor, by including in the curriculum of all public schools in the State of Georgia a course of training to teach, promote, and encourage the conservation and protection of birds, animals, fish, forest, and any and all other forms of useful wild life.
Acts 1929, p. 188.
Cross References.-Course of study, see 37-904 to 37-906.
37-1802. Public school instruction in bird, animal, fish, forest life, etc. In every public school of this state a period of not less than twenty-five minutes of each week during the entire school term shall be devoted to teaching the pupils thereof the practical value of conserving and protecting birds, animals, fish, forest, and other forms of wild life; also the humane treatment and protection of our domestic birds and animals, as well as the part they fulfill in the economy of nature. It may be optional with the teacher whether this period shall be a consecutive twenty-five minutes or be divided into shorter periods during the week; and it shall also be within the discretion of the teacher as to the method of instruction to be employed. The instruction herein prescribed shall constitute a definite purpose of the curriculum of study in all the public schools of this state.
Acts 1929, p. 188.
Cross References.-Courses of study, see 37-904 to 37-906.
37-1803. Certification by teachers. Each and every teacher in the schools of this state shall certify in his or her. reports that the instruction provided for has been in accordance with the provisions of this Chapter.
Acts 1929, p. 188.
Cross References.-Report of teachers, see 37-1220 and 37-1115.
CHAPTER 37-19. HEALTH.
37-1901. [ 1442 (a).] Regulations by county boards. The county :: and municipal boards of health of the several counties shall have full power and authority to adopt, enact, establish, and maintain all such rules and regulations, not inconsistent with the laws and constitution of this state and of the United States, as they may deem necessary and proper for protecting the health of their respective counties or municipalities, and for preventing the introduction, generation, and

spread of infectious and contagious diseases therein: Provided, that such rules and regulations shall not apply to any incorporated city or town of this state.
Acts 1919, p. 356.
Cross References.-County boards of education, see Chapter 37-11. See also Title 96, Public Health and Welfare. Protection against fire or stampede hazards, see Chapter 37-21. Vaccination of pupils, see 37-1112.
37-1902. [ 1442 (b).] Isolation and quarantine in infectious dis eases. No parent or householder shall permit infected persons (or persons exposed to infection), clothing, bedding, furniture, school books, library books, or other articles likely to convey infection to be removed from the house until properly disinfected, mider the supervision of the local board of health or its proper officer, or where no board exists, by the attending physician, in the manner recommended by the state board of health. The isolation of patients and duration of quarantine in infectious diseases shall be as follows:
Diphtheria or membraneous croup: For the patient: Isolation for patient; adults, quarantine until after death or recovery of patient and disinfection of premises; children: quarantine for seven (7) days after disinfection of premises. Domestic pets, particularly cats, are frequent carriers of this infection. That the use of antitoxin lessens the mortality, should be enforced whether antitoxins are or are not used.
Scarlet fever (scarletena, scarlet rash, roseola): Isolation of patient and quarantine of children associated with, or in the house with the patient, for ten (10) days after complete desquamation or scaling of patient and disinfection of premises.
Small pox: For the patient: Isolation until after all crust or scales have fallen off, and the disinfection of patient's body and the premises. I!'or exposed persons: quarantine for sixteen (16) days from date of last exposure.
Cholera: For the patient: Isolation until after complete recovery and disinfection of the premises. For exposed persons: Quarantine for five (5) days from date of last exposure.
Yellow fever: Isolation in screened room (protected fire-place) until after complete recovery and disinfection of premises.
Typhus fever: For the patient: Isolation until after complete recovery and disinfection of the premises. For exposed persons quarantine for twenty-one (21) days from date of last exposure.
Acts 1919, p. 357.
Cross References.-See Title 96, Public Health and Welfare. Vaccination of pupils, see 37-1112.
85

CHAPTER 37-20. PHYSICAL EDUCATION AND TRAINING.
37-2001. [ 1443 (a).] Course prescribed. Manual. The Georgia state board of education shall prescribe a course of study in physical education for all common schools of the stat~, and shall fix the time when said course shall go into effect. This course shall occupy periods totaling not less than thirty minutes ea.ch school day which shall be devoted to instruction in health and safety, to ' physical exercises and to recess play under proper supervision.
A manual setting out the details of said course of study shall be prepared by the state superi~tendent of schools in cooperation with the state board of health and state board of education of Georgia, and such expert advisers as they may choose. Said manual when published shall be sent by said state board of education to the teachers of the common schools in the State of Georgia.
Acts 1920, pp. 232, 233.
Cross Reference.-Course of study, see 37-904 et seq.
37-2002. [ 1443 (b).] Courses in normal schools. The curriculum of all state normal schools of Georgia and of all other institutions in the state supported wholly or in part by public funds having special courses adopted for the preparation of teachers, shall contain one or more courses in physical education and each person graduating from a teachers' course in any of these institutions shall have completed one or more courses in physical education.
Acts 1920, p. 233.
37-2003. [ 1443 (c).] Special teachers. County boards of education, and boards of education of cities and of graded common school districts may employ supervision and special teachers of physical education in the same manner as other teachers are employed, provided they possess such qualifications as the state board of education may prescribe. Boards of education of two or more school districts, city, graded school, or county, may jointly employ a supervisor or special teacher of physical education. Boards of education may allow the use of school buildings or school grounds after the regular school hours and during vacation as community centers for the promotion of play and other healthful forms of recreation, under such rules and regulations as to them seem proper.
Acts 1920, p. 233.
Cross References.-Teachers employed by county board of education, see 37-1114.
86

CHAPTER 37-21. FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST.
37-2101. [ 1442 (c).] Payments for maintenance of schools operated in b<l.lildings without fire escapes, etc. It shall be illegal for any county superintendent, school treasurer, or other disbursing officer, to pay out any money for the maintenance of any public school while operated in a schoolhouse of two or more stories not provided with ample means of escape from fire or stampedes from other causes, as prescribed in sections 37-2103 and 37-2104.
Acts 1923, pp. 88, 89.
Cross Reference.-See Title 96, Public Health and Welfare.
37-2102. [ 1442 (d).] Inspection and report by county superintendent or by president of board of education. No county board of education of this state shall pay out any funds for maintenance of the public schools in their respective counties until said board shall have required and caused the county school superintendent to make an inspection of the school buildings of said county and file his report of said inspections with the several county boards of education that the requirements of tllis law as to fire escapes and safety as prescribed in sections 37-2103 and 37-2104 have been fully complied with: Provided, however, that in incorporated towns and cities owning and maintaining school buildings, said inspection and report shall be made and filed by the president of the board of education or chairman of the board of trustees or other school authorities in said towns or cities.
Acts 1923, p. 89.
37-2103. [ 1442 (e).] Minimum safety requirements; escapes on both sides of building. Minimum requirements for safety as required in this law shall consist of easy means of exit from not less than two opposite sides of the school building, and, further, all hall doors shall open outward, and where in cases of old buildings there is only one stairway, there must be provided before the school can be legally operated another stairway for exit on the opposite side of the building, or a safe ladder securely fastened to the building and extending from one or more windows on the side of the building opposite the stairway and reaching to within six feet of the ground.
Acts 1923, p. 89.
37-2104. [ 1442 (f).] Defects in heating installation. No public moneys can be legally paid out for the operation of a public school in a house where the stove pipe runs through the side of the building, or through a window, or through the roof without being safely encased in a brick flue.
Acts 1923, p. 89.
87

CHAPTER 37-22. COMPULSORY SCHOOL ATTENDANCE.
37-2201. [ 1444 (a).] Duty of parent and guardian. Enrollment and attendance of child. Excuse of absencet 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 the said child to be enrolled in and to att<>nd continuously for six months of each year a public school 'of the district or of the city or town in which the child resides; which period of attendance shall commence at the beginning of 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 or of the city or town in which the child resides, the said board excuses temporarily the child from such attendance, such boards being 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 compelled 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.
Acts 1919, p. 358.
Cross References.-Penalty for violation of child labor law, by parent, guardian, etc., or school superintendent, see 60-9904. Twenty school days are a school month, see 37-817. Tuition free, see 37-1137. Transportation of pupils, see 37-1120. Attendance officer, see 37-2203. Punishment of parent or guardian for violating provisions of this section, see 37-9906. Indigents to receive books free, see 37-1017.
37-2202. [ 1444 (c).] Duties of board of education and teachers. It shall be the duty of the county and municipal boards of education to investigate as to the attendance and non-attendance of children required by this Chapter 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 Cb,apter. 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 board of education having supervision of the school, and to note therein excused absences and the reasons therefor.
Acts 1919, p. 360.
88

Cross References.-Duties of board of education, see 37-1102 and 37-1113. Duties of teachers, see 37-1120.
37-2203. [ 1444 (d).] Attendance officer. Each county and municipal 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. For this service these officials shall be paid not less than one dollar nor more than three dollars per day during the time employed, and said payment shall be paid, so far as possible, from the fines collected. The balance due shall be paid from the school funds of the county or local system. Any board or local school system 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.
Acts 1919, p. 360. 37-2204. [ 1444 (e).] Fines and forfeitures a part of school fund. All fines imposed hereunder and all sums required to be paid as penalties under bonds given under this Chapter shall, after payment of the cost of prosecution and of recovery thereof, be paid into the county treasury and become a part of the school fund of the county. Acts 1919, p. 360. Cross Reference.-County superintendent to hold county fund, see 37-1141. 37-2205. [ 1444 (g).] Publication of law. It shall be the duty of the board of education of each county at least four weeks before the first day of January, following the adoption of this Chapter, to cause this Chapter to be published in a newspaper of the county, if there be one, and to cause copies of this Chapter to be posted at the court house of the county and at the public schools thereof. Acts 1919, p. 361.
89

PART III. VOCATIONAL EDUCATION.
CHAPTER 37-23. VOCATIONAL EDUCATION.
37-2301. [ 1445 (a).] Acceptance of provisiOJ1S of Act of Congress. The State of Georgia accepts and does hereby a9:c~pt the provisions of an act of the Congress of the United States approved February 23, 1917, the caption of which said act is as follows: ,
An act to provide for the promotion of vocational education; to provide for co-operation with the states in the promotion of such education in agriculture and the trades and industries; to provide for co-operation with the states in the preparation of teachers of vocational sul:tjects; and to appropriate money and regulate its expenditure, and for other purposes, and the provisions of said 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.
Acts 1919, p. 361.
Cross Reference.-As to Veterans, see Title 88, Pensions. Note.-Section 95 of the Reorganization Act (Acts 1931, pp. 7, 40) abolished the State Board of Vocational Education and transferred the powers, duties and functions thereof to the State Board of Education.
37-2302. [ ,445 (c).] Duties of State Board of Education as to vocational education. The state board of education, in offsetting the Federal appropriation is directed to take advantage of whatever appropriation the State of Georgia makes to local schools, municipal and county, district agriculture school, normal schools and the teacher training departme'nt of the University of Georgia in order to secure these funds under the regulations provided by the Federal vocational board and also take advantage, when permitted by the Federal vocational board of any appropriations made by any municipality or county of the state to any school of vocational character. To make up any deficiencies that may occur, said board is empowered to use each year so far as may .be necessary, an amount equal to one-half of the Federal appropriation from any funds not otherwise appropriated in the state treasury. So far as possible said board shall encourage municipal and county educational boards to meet the conditions and secure advantages of this Federal appropriation.
Acts 1919, p. 362. 1931, pp. 7, 40.
Cross References.-State Board of Education to act with Federal Vocational Board in rehabilitation of disabled persons, see 37-2403. Members of State Board of Education, see 37-701.
37-2303. [ 1445 (e).] Custodian of funds. The state treasurer is hereby made the custodian of any and all moneys received by the state from the National Government under this Chapter, and it shall 1:te his
90

duty to collect said money and pay out the same upon the order of the State Board of Education, evidenced by. its warrant.
Acts 1919, p. 363, 1931, pp. 7, 40.
Note.-In view of Acts 1931, pp. 7, 40 the following words were elimi nated from the end of the above section: "signed by the chairman there of and countersigned by its secretary.'' See note under 372301.
37-2304. [ 1445 (f).] Representing the state. The state board of education shall have the full power to represent the State in any and all matters in reference to the expenditure, distribution and disbursements received from the United States Government in said state and to appro priat"e and use said moneys in whatever way in their discretion will best subserve the interests of the state, and carry out the spirit and intent of said act of Congress in conformity to its provisions.
Acts 1919, p. 363. 1931, pp. 7, 40.
37-2305. [ 1445 (h).] Extension work agents. The boards of education of the several counties of this state may employ and pay agri cultural teachers and home economics teachers when employed in the consolidated schools of the counties under provisions of the Vocational Education Act of Congress of February 23rd, 1917, and this Chapter.
Acts 1922, p. 82.
Cross References.-Extension work, see 37-1144 and 37-1145.
CHAPTER 37-24. VOCATIONAL REHABILITATION OF DISABLED PERSONS.
37-2401. [ 1565 (:1).] Provisions of Act of Congress accepted. The State of Georgia does hereby accept the provision of the act of Congress, entitled "An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employments," approved June 2, 1920 (Public 236, 66th Congress), and will observe and comply with all the requirements of such act.
Acts 1920, pp. 279, 280.
Cross Reference.-As to Veterans, see Title 88, P ensions.
37-2402. [ 1565 (2).] Money for vocational rehabilitation. The state treasurer is hereby designated and appointed custodian of all moneys received by the state from appropriations made by the Congress of the United States for the vocational rehabilitation of persons disabled in industry, or otherwise, and is authorized to receive and provide for the proper custody of the same and to make disbursement therefrom upon the requisition of the state board of education.
Acts 1920, p. 280. 1931, pp. 7, 40.
Cross Reference.-Vocational education, see 372302. 91

37-2403. [ 1565 (3).] State board. Duties. The State Board of Education is hereby designated as the state board for the purpose of co-operating with the said Federal board in carrying out the provisions and purposes of said Federal act providing for the vocational rehabilitation of persons disabled in industry or otherwise and empOJVered and directed to co-operate with said Federal board in the administration of said act of Congress; to administer any legislation pursuant thereto enacted by the State of Georgia; to prescribe and provide <Such courses of vocational training as may be necessary for the vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment; to provide for the supervision of such training, and to direct the disbursement and administer the use of all funds provided by the Federal Government of this state for the vocational rehabilitation of such persons; and to do all things necessary to insure the vocational rehabilitation of persons within the state disabled in industry and other wise.
Acts 1920, p. 280. 1931, pp. 7, 40.
Cross Reference.-Vocational education, see 37-2302.
37-2404. [ 1565 (4).] Gifts and donations. The state board of education is hereby authorized and empowered to receive such gifts and donations from either public or private sources as may be offered unconditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise as in the judgment of the said state board are proper and consistent with the provisions of this Chapter. All the moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a permanent fund to be called the special fund for the vocational rehabilitation of disabled persons, to be used by the said board in carrying out the provisions of this Chapter, or for purposes related thereto. A full report of all gifts and donations offered and accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted annually to the governor of the state by said state board.
Acts 1920, p. 281.
Note.-See note under 37-2501.
37-2405. [ 1565 (5).] Annual appropriation. There shall be appropriated for the purpose of carrying out the provisions of this Chapter a sum of money available for each fiscal year not less . than tlie maximum sum which may be allotted to the state under the provisions of the said Federal Article.
Acts 1920, p. 2~1.
Cross Reference.-Fiscal year, see 45-1903 and 97-1901.
92

PART IV. ILLITERACY.

CHAPTER 37-25. DUTIES, ETC., OF STATE BOARD OF EDUCATION REGARDING ILLITERACY.

37-2501. [ 1570 (d).] Duties; reports; authority to use funds, etc.

It shall be the duty of the State Board of Education and it shall have

the power to make researches, collect data and statistics, and procure

surveys of any and all communities, districts or vicinities of the state,

looking to the obtaining of a more detailed, definite and particular

knowledge as to the true conditions of the state with regard to its adult

illiteracy, and report regularly the results of its labors to the General

Assembly; and to interest persons and institutions in the dispensation

of any and all funds and endowments of whatsoever kind which will or

may aid in the elimination of the adult illiteracy of the state, and to do

or perform any other act which in their discretion will contribute to the

elimination of the state's adult illiteracy by means of education, instruc-

tion and enlightenment; and said board shall be empowered to receive,

accept, hold, own, distribute and expend, to the end of educating, instruct-

ing, enlightening and assisting in the education, instruction and enlighten-

ment of illiterate persons in the State of Georgia, any and all funds or

other things of value with which it may be endowed or may otherwise

\..

receive; and in the expenditure and disbursement thereof said board

shall be controlled by such expedient and discreet regulations as it may

from time to time adopt; provided, however, that any and all such funds

which may come to the hands of said board shall be expended in keeping

with the general purposes of this Cl:J.apter.

Acts 1919, p. 255. 1931, pp. 7, 40.

Cross Reference.-Schools for illiterate adults, see Chapter 37-26. Note.-Section 94 of the Reorganization Act (Acts 1931, pp. 7, 40) abolished the Georgia Illiteracy Commission and transferred the powers, duties and functions thereof to the State Board of Education.
37-2502. [ 1570 (e).] Rules and regulations. The State Board of Education shall adopt such rules and regulations as may seem expedient to it for the carrying on of its business in regard to adult illiteracy, in the manner which shall seem to it most systematic and satisfactory.

Acts 1919, p. 255. 1931, pp. 7, 40.

CHAPTER 37-26. SCHOOLS FOR ILLITERATE ADULTS.
37-2601. [ ;1565 (6).] Schools authorized. The county commissioners of this state, or the ordinaries of such counties as have no commissioners, shall have, and they are hereby given, authority in their discretion to provide for the carrying on in their respective counties of

93

schools for instructing adult illiterates in the elementary branc.hes of an English education only.
Acts 1920, p. 249..
37-2602. [ 1565 (7).] Expenses. The expenses of maintaining said schools, when they shall be established in accordance with this law, shall be paid out of the county treasurer and to that end the said county commissioners or ordinaries are hereby authorized and empowered to levy such tax as may be necessary to pay said expenses over and above the sums for which they are now authorized to levy a tax.
CHAPTER 37-99. CRIMES.
37-9901. [ 698 (a) P. C.] Gifts to school officials by publishers. Any person violating the provisions of 37-706 in regard to gifts by school book publishers, or their agents, to school officials, shall be guilty of. and punishable for, a misdemeanor.
Acts 1911, pp. 94, 107. 1919, pp. 288, 294.
Cross Reference.-Punishment for interfering with schools, see 30 7013. Punishment for misdemeanor, see 312706.
37-9902. [ 1433 (g).] Officers', etc., failure of duty, punishment. On the failure or the refusal of any person or persons mentioned in 37-706 to perform their duty in reporting to grand juries of their respective counties any offer of remuneration or reward of any kind from any of the publishing houses, corporations or persons engaged in publishing or selling school books, they or either of them so failing or refusing shall be guilty and punishable for a misdemeanor, and such officers, on conviction thereof, shall be removed from office.
Acts 1919, p. 294.
37-9903. Penalty for violating Chapter 379. Any person violating the provisions of Chapter 379 shall be guilty of a misdemeanor and upon conviction shall be punished as provided therefor.
Acts 1931, p. 136.
37-9904. [ 698 (b) P. C.] Punishment for furnishing books and supplies. Any publisher of text-books, or agent of such publisher, or any member of any board of education, or public school official in the State of Georgia, who violates any of the provisions of 33-1001 to 37-1012, on conviction thereof shall be punished as for a misdemeanor; and any member of a board of education or public school official shall, in addition, be removed from his official position. Any retail dealer of school text-books acting as agent for any board of education, who violates any of said provisions shall, upon conviction, be punished as for a misdemeanor.
Acts 1919, p. 310.
94

Il ~~~~[li~l~l~l11~1ill~l~]j[~ll
3 2108 05339 4162 .
37-9905. [ 1440 (t).] Intent to defraud. Whoever, with intent to defraud the state or any county, town or city, or any person shall falsely and fraudulently make, forge, alter or counterfeit, or cause or procure to be falsely and fraudulently made, forged, altered or counterfeited, or willingly aid or assist in falsely and fraudulently making, forging, altering or counterfeiting any certificates or licenses issued by any county superintendent of schools of this state or the executive officer of any local school board to a teacher, shall be deemed guilty of a felony, and upon conviction therefor, shall be punished as prescribed by section 30-3901.
Acts 1919, p. 355.
Cross References.-License to be sealed, see 37-1211. Examination and license of teachers, see 37-1215 and 37-1218. This section not applicable in cities of population of 100,000 or more people, see 237-1201.
37-9906. [ 701 (r) P. C.] Penalty for non-compliance with 37-2201. Suspension of punishment. Notice. Bond. Any parent, guardian, or other person who has charge and control of a child between the ages of eight and fourteen years and who wilfully fail;; to comply with the requirements of section 37-2201 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 sc.hool, and may finally remit the same if such attendance has continued regularly for the number of months prescribed for attendance. School attendance may be proved by an attested certificate of the principal or teacher in charge of the school. No person shall be prosecuted for violation of the requirements of said section unless the board of education of the county or municipality in whic.h the person accused of such violation resides shall have caused to be served upon the accused, at least ten days before sucll prosecution, a written notice of the charge with the name of the child to whom it refers. Any person so notified, not previously convicted of violation of this law as to the child referred to in said notice, may prevent prosecution on the charge set out therein, by giving, at any time before suc.h 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 thenceforth faithfully comply with the requirements of this law as to the said child. Each day's wilful failure of a parent, guardian, or other person in charge and control of a child as aforesaid, after the expiration of ten days from such notice, to cause the child to attend school, when such attendance is required by this law, shall constitute a separate offense. In prosecutions under this law the exemptions and excuses provided for shall be matters of defense, to be established by the accused, and need not be negatived in the indictment or accusation.
Acts 1919, p. 359. 95

h,,'

RIP' 14 ~

UNMRStTY Of GEORGIA

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