Acts and resolutions of the General Assembly of the State of Georgia, passed in Atlanta, Georgia at the session of 1870

eTS ~ TD 1 HE~ 10LLTIO~ T~
OF THE
GE. TElt L ~ \ 1E. IBL T
OF THE
':10 . OF 1870

jiIP
This publication is a reproduction of the law passed by the General Assembly of the State of Georgia on October 13,1870 establishing public schools in the State.
Georgia Department of Education Atlanta, Georgia 30334 1970
JackP. Nix, State Superintendent of Schools

--
ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA,
PASSED IN ATLANTA, GEORGIA
AT THE
SESSION OF 1870.

COMPILED AND PUBLISHED BY AUTHORITY.

ATLANTA. GEORGIA: PRINTED BY THE PUBLIC PRINTER.
1870.

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PUBLIC LAWS.- EDUCATION.
System of Public Instruction.

TITLE VI

EDUCATION.

SECTION.

SECTION.

1. 2.

State board organized-name. Meeting of board-time and place.

SCHOOL DIRECTORS, OR TRUSTEES.

3. Powers of board enumerated.

28. When elected-term, etc.

4. Description of seal, etc.

29. Vacancies.

5, School books.

30. Duties of trustees, etc.

6. Annual report of board.

31. Building school-houses, etc.

$TATE SCHOOL COMMISSIONER.

32. Separate school for whites and colored.

7. Ap'p0intment and duties of.

33. Annual enumeration, etc.

8. Official oath.

34. Duties of trustees.

9. Commissioner shall make rules, etc. 10. Shall visit Senatorial Districts.

TEACHERS.

11. Apportionment of school funds.

35. Duties of-accounts of audited, etc.

12. Commissioner's annual report.

36. School property exempt from levy,

13. Contents of report.

etc.

14. Salaries, etc.

37. Organization of sub-districts.

COUNTY BOARD.

38. Schools of higher grades, etc. 39. Evening schools.

15. School districts and sUb-districts. 40. Continuation of schools, etc.

16. Election, etc., of county board.

41. County school fund-how kept.

17. Meeting-president and secretary of, etc.

AMBULATORY SCHOOLS.

18. County board-sessions, etc. 19. Duties of such board.

42. Described. etc. 43. Common school fund-how raised.

20, Style of, etc.

44. Manual schools.

21. General powers.

45. Private contracts not affected.

22. Examination of teachers, etc.

46. Sectarian books.

23. County commissioner-duties, etc., 47. Digest of laws.

of.

48. Comptroller-General's duty.

24. Shall keep journal, etc.

49. School fund deposited.

25. Further duties of.

SO. How kept, etc.

26. Annual enumeration.

51. Certain moneys loaned by the Treas-

27. Compensation of, etc.

urer to be refunded.

(No. 53.)

An Act to Establish a System ofPublic Instruction.

SECTION 1. Be it enacted by the General Assembly of the State of

Georgia, That the Governor, the Attorney-General, the Secretary of ~t~t~ BOta~~ ~~ State, the Comptroller-General and the State School Commissioner how o~g~nilzed. shall constitute a board to be denominated "The Georgia State Board

N

d I of Education." Of this board the State School Commissioner shall be

arne an stye. the chief executive officer. The clerk of the State School Commissioner,

as hereinafter provided for, shall be the clerk of the State Board of

r

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PUBLIC LAWS.-EnucATlON.
System of Public Instruction.

-

Education. He shall have the custody of its records, papers anJ effects, and keep minutes of its proceedings: Provided, That such records,

Proviso.

papers and effects, and minutes, shall be kept at the office of the

Commissioner, and shall be open for inspection.

SEC. 2. And be it further enacted, That the said board shall meet

upon the call of its president, or a majority of its members, who shall .Meeting of constitute a quorum, at the office of the State School Commissioner, ~:r~h":I~~n and

at the capital, or at such other places as may be designated in the

call. SEC. 3. And be it further enacted, That the board may take and

hold, to it and its successors, in trust for the State, any grant or

Powers.

devise of lands, and donation or bequest of moneys or other per-

sonal property, made to it for educational purposes, and shall, forth-

with, pay over to the Treasurer of the State for safe keeping all

money and personal property so received, taking therefor a receipt

from said officer. The General Assembly may, from time to time,

Proviso.

invest such money in the name of the State: Provided, That all money

so obtained for educational purposes, with the profits accruing from

its investments, shall be subject for final use only for educational

purposes in the State. The State Treasurer shall pay to the order of

the board the income and principal thereof, as it from time to time

may require, consistent with law; but no disposition of any devised

donation or bequest shall be made inconsistent with the condition

or terms thereof. For the faithful keeping of all property so received

by the Treasurer, he shall be responsible, upon his bond, to the State,

as for other funds received by him in his official capacity.

SEC. 4. And be it further enacted, That the State Board of Edu-

cation shall devise, adopt and procure a seal, on the face of which

Seal.

shall be the words, "Department of Education, State of Georgia," and Description 0 f such other device or motto as the board may direct, an impression seal.

and written description of which shall be recorded in the minutes of

this board, and filed in the office of the Secretary of State, which seal

shall be used for the authentication of the acts of the board, and the

inlportant acts of the State School Commissioner.

SEC. 5. And be it further enacted, That the State Board of Edu-

cation shall prescribe, from time to time, what text-books and books Books for use of of reference shall be used in the common schools of the State: Provided, schools.

That the Bible shall not be excluded from the public schools of this

State. SEC. 6. And be it further enacted, That the State Board of Edu-

cation shall, within five days after the meeting of each and every Annual report to annual session of the Legislature, lay before that body an account Legislature.

in detail of all the doings of said board, with such observations upon

the condition and efficiency of the system of popular education, and

such suggestions as to the most practicable means of extending and

improving it, as the experience and reflection of the board may dictate.

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PUBLIC LAWS.-EoUCATION.

St9:te. School SEC. 7. And be it further enacted, That the State School Commis~~mm:sl~n~r ;;; sioner shall be appointed by the Governor and confirmed by the

appointed. Duties.

Senate. He shall be charged with the administration of the system of public instruction and a general superintendence of the business

relating to the common schools of the State, and of the school funds

and school revenues set apart and appropriated to their support. A

suitable office shall be furnished him ~t the seat of government, at

which the books, papers and effects relating to the business of said

Must give office shall be kept, and there he shall give reasonable attendance ~ti~;. ion in in writing to any school officer asking the same, touching the adminis-

tration or construction of the school law.

Oath of SEC. 8. And be it further enacted, That before entering upon the

office.

exercise of his official duties, the said Commissioner shall take and

subscribe to the same oath required of other officers of this State.

SEC. 9. And be it further enacted, That he shall prescribe suitable

forms and regulations for making all reports and conducting all

School Commis- necessary proceedings under this act, and shall cause the same, with sioner shall make such institutions as he may deem necessary and proper for the

rules.

organization and government of schools, to be transmitted to the

local school officers, who shall be governed in accordance therewith:

Provided, That appeals may be made from the State School Commis-

sioner to the State Board of Education, whose decision on all matters

relating to the schools shall be final. ~hool Com~i~- SEC. 10. And be it further enacted, That it shall be the duty of SSloenner asthoallrViIaSiIt the Comml.SS.loner to V.IS.It as 0 ften as POSSI'ble the sever.aI eS nato'naI wDhisatrticptsurp-osef.or Districts, to examine into the administration of the school law in
said districts, and to counsel with the school officers, and do such

other acts as may be deemed best to subserve the interest of popular

education.

Apportionment of School

SEC. 11. And be it further enacted, That it shall be the duty of

fund.

said Commissioner to apportion equitably the revenue to be raised

as hereinafter provided, to the different school districts of the State,

upon the basis of the aggregate of youths between six and twenty-

one years of age in each district; and he shall draw his warrant upon

the Treasurer of the State for the sum belonging to each county

according to said apportionment. He shall see that the money to be

used for the purposes of education is not misapplied, and that the

proper actions provided by law are brought against all officers and

agents of the system who are liable to the same.

Annual re- SEC. 12. And be it further enacted, That it shall be the duty of said ff~t n e troa I ~~ Commissioner to, at the same time with the State Board of Education,

sembly.

make an annual report in each and every year to the General Assembly,

and he shall have power to require of local boards of education,

trustees or other school officers, and of clerks and treasurers of

counties, recorders and treasurers of cities and villages, copies of all

reports by them required to be made, and all such other information

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PUBLIC LAWS.- EDUCATION.

System of Public Instruction. ~I- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -_ _

in relation to the fund and condition of schools, and the management

thereof, as he may deem inportant.

SEC. 13. And be it further enacted, That the State CommIssioner,

in the annual report of his labors and observations, shall present a Shall rep 0 r t

statement of the condition and amount of all funds and property aomf oSucnhtoaonldfsutnadte. appropriated to the purposes of education; ;: statement of the number

socfhcoolamrsmaotntesncdhi"onoglssuocfhthsechvoaorilosu, sthgeraIdr esseixn,

the State; the number of color and the branches

sscchoholNaruosm, beltecsr.anodf

taught; a statement of the number of select and private schools in the

State, so far as can be ascertained, and number of scholars attending

such schools, their sex and the branches taught; the total number of

children of school age in the State, so near as can be ascertained; a E's!imate of

statement of the estimates and accounts of the expenditures of the expendItures.

public fund of every description; a statement of plans for the manage-

ment and improvement of common schools, and such other infor-

mation relative to the educational interest of the State as he may think

important.

SEC. 14. And be it further enacted, That the said Commissioner

shall be entitled to receive for his services the sum of $2,500 annually,

Salary of

in quarterly installments, from the School Fund of the State; and all Commissioner.

his necessary traveling expenses, incurred in the performance of his Account of official duties, and all postage and other expenses, absolutely necessary, expenses.

arising in his office; shall be paid out of the School Fund. He shall

keep an itemized account of all expenses connected with his department, which account shall be audited by the State Board of Education. He shall be allowed one clerk, at a salary not to exceed $1,200, to be paid out of the School Fund.

salary oCf. lerk-

COUNTY BOARD OF EDUCATION

SEC. 15. And be it further enacted, That hereafter each and every

county in the State shall compose but one school district for all School dis-

purposes connected with the general interest of education in the county, tricts.

and shall be confided to the management and control of a board of

education, and the several school districts or fractional parts thereof, which now are, or may be hereafter, established in the several countie: Sub-districts.

of the State, shall be regarded as sub-districts and be confided to the

management and control of local directors as hereinafter provided.

SEC. 16. And be it further enacted, That the county board of edu-

County

cation

shall

consist

of one

person

from

each

militia district, and one

board of educa tion - how or-

person from'each ward in any city in the county, and one from each ganized.

incorporated town, who shall be elected by the legal voters of said district, ward or incorporated town, at some suitable place designated

By whom elected.

therein; and the term of office of said board shall be two years, or until successors are elected, the first election for which shall be on

office.

Term

of

the first Saturday in January, 1871, and on the same day every second Election _ when

year thereafter.

held.

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PUBLIC LAWS.-EDUCATIoN.

System of Public Instruction.

Meeting of SEC. 17. And be it further enacted, That they shall meet on the

co. board.

first Tuesday of the month succeeding that of their election, at the

court-house of their respective counties, which place shall be there-

after the regular place of meeting of said board, and organize by

President and electing one of their members president, and a secretary, which last

secretary elected.
Secretary i s county commis-

mentioned officer the county school

shall also, by commissioner.

said election of the board, become A majority of the board shall con-

sioner.

stitute a quorum for the transaction of business. It shall be the duty

of said secretary to be present at the meeting of the board, and to

D uti e s of record in a book to be provided for the purpose all their official

Secretary.

proceedings, which shall be a public record, open to the inspection

of any person interested therein; and all such proceedings, when so

recorded, shall be signed by the president and secretary.

Regular sessions SEC. 18. And be it further enacted, That it shall be the duty of ~he~o'he~~~rds- the county board of education to hold regular sessions on the first

Tuesday of the month succeeding their election, and regularly there-

after each three months at the court-house of the county, for the

transaction of business which may be necessary in relation to the subject

:>f eitner the primary or graded schools of the county, with power to

Absence of adjourn from time to time. In case of the absense of the secretary,

Secretary.

they may appoint one of their own number to serve temporarily as

clerk.

County boards SEC. 19. And be it further enacted, That the county board of edu~:1:i~~r. out sub- cation first constituted under this act shall, at their first meeting,

proceed to carefully layout and describe sub-districts, as hereinafter

mentioned, throughout their respective counties. The said board and

Shall prepare their successors in office shall prepare, or cause to be prepared, a map

map of distrim. of their district as often as they may deem necessary, on which shall

be designated the sub-districts of their districts, which they may change

or alter at any regular session, and the number of scholars assigned

to each, but no sub-district shall contain within its limits less than

. Number of thirty pupils resident, by enumeration, except where, in the opinion pduisptIrlisct.to a sub- 0 f the board,"It IS necessary to reduce .the number, as I.n cases hereafter

proVided for in ambulatory schools; and it shall be the duty of the

board to establish a school in each sub-district, of such grade as the

Location of public good, in their opinion, may require; and in the location of

primary schools. primary schools, or schools of higher grade, the board shall have

reference to population and neighborhood, paying due regard to any

school-house already built, or site procured, as well as to all other

circumstances proper to be considered, so as to promote the best

interest of the schools.

Name and style- 5EC. 20. And be it further enacted, That the said boards of edu~~~. sue and be cation, in their respective counties, shall be a body politic and corporate

in iaw, and as such may contract and be contracted with, sue and be

sued, plead and be impleaded in any court of the State having com-

petent jurisdiction, and receive any gift, grant, donation or devise

made for the use of schools within their jurisdiction; and, moreover,

they shall be, and they are hereby, invested in their corporate capacity

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PUBLIC LAWS.-EnucATIoN.
System of Public Instruction.

with title, care and custody of all school-houses, sites, school libraries,

Control of

apparatus or other property belonging to .the distri.ct as now organized, sbcrha~nOelsh,OeUtcs.es, I i-

or which may hereafter be organized, within the limits of their juris-

diction, with all power to control the same in such manner as they

may think will best subserve the interest of common schools and .the

cause of education; and when, in the opinion of the board, any school-

house site has become unnecessary, they may sell and convey the May sell school-

same in the name of the county board of education of the proper house site.

district, such conveyance to be executed by the chairman and secretary

of said board, and all conveyances of real estate which may be made

to said board shall be to said board in their corporate name and to

their successors in office.

SEC. 21. And be it further enacted, That the county board of

education may establish such graded schools in their respective counties General power.

as they may think proper, With full power, in respect to such schools,

to employ, pay and dismiss teachers; to build, repair and furnish the

necessary school-houses, purchase or lease sites therefor, or rent suit-

able. rooms, and make all other necessary provisions relative to such

schools as they may deem proper; and it shall be the duty of said

board of education to exercise all the powers conferred on local

trustees in respect to sub-district schools, whenever such local trustees

shall neglect to discharge their duties in any sub-district, as required

by this act; and it shall also be the further duty of said board to pre-

Board shall

scribe rules and regulations for the g~vernment of the schools within prescribe rules.

their jurisdiction, consistent with the regulations prescribed by the

State Commissioner for the management of the same.

SEC. 22. And be it further enacted, That it shall be the duty of

the county commissioners to hold public examinations of all appli- Examination of

cants for license to teach within their respective counties, and before teachers.

their respective county board of education, at each regular time of

meeting of said board at the county-site. Said commissioner shall be

allowed to invite to assist in the examination of teachers any persons

they may deem proper. If, from the ratio of correct answers, and

Grade of

other

evidences

disclosed

by the

examination, the

applicant

is found

teachers' license in accordance

to possess knowledge which is suffiCient, in the estimation of the with the ratio of board, to enable said applicant to successfully teach in a common correct answers.

school of the State, orthography, reading, writing, arithmetic, English

grammar and geography, and to govern such a school, said commis-

sioners shall give to said applicant a license of the first, second or

third grade, according to the ratio of correct answers and other

evidences of qualification given upon said examination. The standard

of which grade of license shall be fixed by the State Commissioner,

and said license shall be good for one, two or three years, according

to its grade. And all applicants, before being licensed, shall produce

to the Commissioner satisfactory evidence of good moral character.

SEC. 23. And be it further enacted, That the county commissioner

shall have power, and it shall be his duty, to revoke licenses granted

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PUBLIC LAWS.-EDUCATION.
SYstem of Public Instruction.

County commis by him or his predecessors for incompetency, immorality, cruelty, or ~ir:~ic:e~~-f;; general neglect of the business of the school; and the revocation of

what cause. the license of any teacher shall terminate the connection of said

teacher with any school which said teacher 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, unless

Appeal.

appeal is made by said teacher within ten days after said dismissal,

to the State School Commissioner.

County commis SEC. 24. And be it further enacted, That the county commissioner

saioJ.noeurrnsahlallofkeh ep official acts.

Isches aeldli.npgrosV, iadnedasbhlaalnl kdebloivoekr

'

in which he shall keep said record and all the

minutes books,

of his papers

proand

property appertaining to his office to his successor. He shall report

Annual report to annually to the State School Commissioner the names of all persons ~~~mi~s~o~~r~ I to whom he has granted licenses, with the grade of such licenses,
giving number of males and females, the number, but not the names

of all applicants for license who have been rejected, and the names of

those whose licenses have been revoked.

General duties of SEC. 25. And be it further enacted, That said county commissioners ~ic:,~~~: commis- shall :Constitute the medium of communication between the State

School Commissioner and subordinate school officers and the schools.

They shall decide all points of differences between trustees of any

school district, subject to appeal to the county board of education.

They shall visit the schools of their respective districts as often as they

may deem it necessary during each term, but they shall visit each school

in their respective districts at least once each year, for the purpose of

increasing their usefulness; elevating, as far as practicable, the poorer

schools to the standard of the best; advising and securing, as far as

practicable, uniformity in their organization and management, and their

conformity to the law and the regulations and instructions of the State

School Commissioner. They shall receive from the trustees their reports

of enumeration and their regular school and other reports which are

required by law to be made to them, and otherwise gather the necessary

data and information, including that in relation to private schools,

high schools, colleges, and other institutions of learning within their

respective districts, so as to present a view of the educational facilities,

and enable them to make full and complete reports to the State School

Commissioner. They shall advise the trustees as to the most approved

school furniture, apparatus, and educational agencies, and shall furnish

the trustees and teachers with regular forms, blanks, instructions, regu-

lations and reports issued from the Department of Education which

relate to the respective branches of the school service.

SEO. 26. And be it further enacted, That the county commissioner

Shall report shall, on or before the first day of November in each year, make out amnenruaatilolynthoefenhuis- and"lorward to theState Sch00I Comm. l.SS.loner the enumeratI.On 0 fh'IS

district.

district, with the same particular discrimination required of trustees.

He shall also furnish the statistical information which trustees are

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PUBLIC LAWS.- EDUCATION.
System of Public Instruction.

required to report to him, in such {orm as may be prescribed by the

State School Commissioner.

SEC. 27. And be it further enacted, That the said county commis-

sioner shall receive three dollars for each day actually employed in the Compensation of discharge of the duties required by this act, the same to be paid out of ~i~~~~: commis-

the Educational Fund furnished the county. His claim for services shall

be filed in a bill of accounts against the county board of education, Account sworn

and be verified by affidavit to the effect that the said account is just to.

and true; that the service therein named was honestly and faithfully

rendered, and that the account therein claimed is rightly due and re-

mains unpaid. When said account shall have been duly audited by the

county board of education, the County Treasurer shall pay the said

commissioner out of the revenue aforesaid: Provided. however, That

Proviso.

the county board of education shall have power to determine the

number of days in each year in which said county commissioner may

labor in the performance of the duties required of him.

SCHOOL DIRECTORS, OR TRUSTEES.

SEC. 28. And be it further enacted, That the legal voters of each

sub-district shall, upon the first Saturday in January in each year, elect School trusteesthree school trustees, one for a term of three years, one for a term of when elected.

two years, and one for a term of one year; and annually thereafter said

Term.

legal voters shall, on the first Saturday in January, elect one school

trustee for the term of three years.

SEC. 29. And be it further enacted. That the said trustees, within

five days after their election, shall take an oath or affirmation faith

Oath.

fully and impartially to discharge the duties of their office, which

said oath the trustees are authorized to administer to each other. And Vacancies - how in case a vacancy shall occur in the office of trustee, either by death, filled.

resignation, refusal to serve or otherwise, it shall be the duty of the

remaining trustees to fill such vacancy within ten days after such

vacancy may occur, by appointment of some suitable person residing

in said district, who shall hold the office until the time of the annual

election, when a trustee shall be elected for the remainder, if any, of

the unexpired term, in the manner prescribed in the preceding section.

SEC. 30. And be it further enacted, That it shall be the duty of the

trustees in each sub-district to take the management and control of its

local interest and affairs; to employ teachers; to certify the amounts

due them to the county commissioners; to, at any time, for reasons

deemed sufficient, report them for dismissal to the county board of

Duties of

education, and to visit the school of their district at least twice during trustees.

each term, by one or more of their members, with such other person or

persons, competent to examine pupils in their studies, as they may

choose to invite: Provided, If any person shall be employed by the

trustees aforesaid who has not received a certificate of his or her

competency from the county commissioner, said person shall not be

allowed any compensation for his or her services; and any person

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PUBLIC LAWS.-EnuCATlON. System of Public Instruction.

Teacherswithout desiring to teach in any county other than that in which they have

certifi~~~~ fO~! obtained license, shall, before doing so, have said license countersigned ~~i~P compensa- by the school commissioner of the county in which they may design to

tion.

teach.

Trustees to make SEC. 31. And be it further enacted, That it shall be the duty of the ~~fJ~:nc;s a nfod trustees, in their reSpective districts, to negotiate and make, under such

fur n ish i n g rules and regulations as the county board of education may prescribe,

schools, etc. all necessary contracts in relation to providing fuel for schools, repairing,

building or furnishing school-houses, purchasing or leasing school-house

sites, renting school-houses, and making all other provisions necessary

for the convenience and prosperity of the schools within their districts;

aratiioseFnd.undbsy

to be
tax-

and the funds for all such expenditures shall be raised by a tax levied upon the taxable property of said district, and by assessment on the

labor of the qualified voters of the same, as may be determined by the

Assessment on county board of education; and wherever an assessment is made on the

labor.

labor of any voter, said assessment may be discharged by labor.

Separate. schoOldS SEC. 32. And be it further enact.ed, That it shall be the duty of the fcoorlorewdhcitheildraenn. trustee~, I.II the'lf respectI.ve dl' stn.cts, t0 rnake all necessary arrangements

for the' instruction of the white and colored youth of the district in

separate schools. They shall provide the same facilities for each, both

as regards school-houses and fixtures, and the attainments and abilities

of teachers, length of term-time, etc.; but the children of the white and

colored races shall not be taught together in any sub-district of the

State.

Annual enumera- SEC. 33. And be it further enacted, That it shall be the duty of the

tion.

trustees in each school district to take, or cause to be taken, annually,

between the first and fifteenth of October in each year, an enumeration

Enumeration- of all the unmarried white and colored youths, noting them separately, ~f ~~~t~est~:i~:' between the ages of five and twenty-one years, residents within the

said school district, and not temporarily there, designating between

male and female, and return a certified copy thereof to the county

commissioner; and in case the trustees in any school district, shall fail

to take and return said enumeration, it shall be the duty of the county

commissioner to employ a competent person to take the same, and

allow him a reasonable compensation for his services from the School

Fund, and shall proceed to recover the amount for such service, in a

civil action before any court having jurisdiction, in the name of the State

of Georgia, against said trustees in their individual capacity; and in

such suit said county commissioner shall be a competent witness, and Abs~ract of enu- the money collected shall be applied to the use of the common school c;:~~~ittt;>d ~~ in said sub-districts. The county commissioner shall make an abstract

S ,t .a t e com- of the enumeration so returned to him, designating the number of

miSSIOner.

youths in each district, and transmit such abstract, duly certified, to

the State Commissioner on or before the first day of November in

each year.

SEC. 34. And be it further enacted, That it shall be the duty of said

trustees to record their proceedings in a book provided for the purpose,

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PUBLIC LAWS.-EnUCATION. System of Public Instruction.

together with the minutes of the proceedings of all school meetings Trustees must held in such district by the qualified voters thereof, which shall be a ~:&p~~~~:~~n~. public record, and all such proceedings, when so recorded, shall be signed by the majority of said trustees. The trustees may meet as frequently as they may think necessary for the transaction of business, Shall receiye no but shall receive for their services as trustees no compensation or endow- compensation.
ments of any kind whatever.

TEACHERS.

SEC. 35. And be it further enacted, That it shall be the duty of the Teachers must teachers to make and fIle with the county commissioner, at the expira-~~k:t/eJ'oo~tm:~

tion of each term of school, a full and complete report of the whole sioner - when.

number of scholars admitted to the school during such term, distingush-

ing between male and female, colored and white, the average attendance,

the books used, the branches taught, the number of pupils engaged in

the study of each of said branches, and such other statistics as he or

she may be required to make by the trustees of said sub-district or by

Teachers'

the .State School Comm.issioner, and until s.uch. report shall have been aacucd?Ituendtsuntl~IOre-t certIfied and fIled by sllld teacher as aforesaId, It shall not be lawful for port is made.

said trustees to audit the account of said teacher for his or her services.

SEC. 36. And be it further enacted, That each and every lot, or

parcel of land which heretofore has been or hereafter shall be appro- School estates priated for the use of common schools in this S~ate on which there has ~~~Ps~le f~c:.r:;

been or shall be a school-house. erected, and which has been or shall be taxation.

occupied for the purpose of accommodating the common school, of

whatever grade, in the usual manner, from time to time, howsoever or

by whomsoever the legal title to the same may be held and vested, shall

be and is hereby exempted from sale on any execution or other writ or

order in the nature of an execution, and all taxes, State or county:

Proviso.

Provided, That the lot of land so exempted shall not exceed four acres,

and if there be any excess, that portion most convenient for school

purposes shall remaIn exempt, as aforesaid, to be determined by the

proper school trustees or other officers having charge of schools: Private school

Provided further, That nothing in this act shall be so construed as to property.

interfere in any way with private schools or private school property.

SEC. 37. And be it further enacted, That whenever and wherever

not less than thirty-five youths between five and twenty-one years of SUb-districts-

age may be found not already provided for, the territory containing how organized.

said children shall be, so soon as practicable after the passage of this

act, constituted by the county board of education in whose purview it

is found, a subdistrict, and provided with buildings and other appliances

for school purposes.

.

SEC. 38. And be it further enacted, That admissions to schools of

higher grades than primary shall be gratuitous to the children, wards, Admission to

and apprentices of all actual

residents

in

the

districts

possessing said

high schools gratuitous t 0

schools who may be entitled to the privileges of the public schools, whom.

10

PUBLIC LAWS.-EDUCATION.
System of Public Instruction.

Proviso.

under the general laws of this State: Provided, That said board shall

have power to admit to said schools other pupils, upon such terms or

upon the payment of such tuition as they may prescribe.

Evening schools. SEC. 39. And be it further enacted, That the board of education of

any county may, at their discretion, upon their respective fields, pro-

vide a suitable number of evening schools, for the instruction of such

youth, over fourteen years of age, as are prevented by their daily

avocation from attending day schools, subject to such regulations as

said board from time to time may adopt for the government thereof.

Term of continuing schools in operation

SEC. 40. And be it further enacted, That the board of education of any county, including the county commissioner and local trustees of any

annually.

sub-district, shall, according to regulations hereinbefore prescribed for

schools, make the necessary provisions for continuing in operation the

schools over which they have jurisdiction, for the term of three months

in each year, except as hereinafter allowed in case of ambulatory

schools; and in case the board of education of any county, or the local

officers of any sub-district, shall fail to make the necessary provisions

Upon failure, for continuing the schools in operation the length of time herein ~~~fett school required, such graded or high schools, and primary schools, as the case

may be, shall not be entitled to any portion of the School Fund

arising from the State tax during the next succeeding school year, and

such forfeited State school funds shall be distributed to the other

several sub-districts of the county, in proportion to the enumeration of

youth; and such of the officers above referred to as shall neglect or

refuse to comply with the provisions of this section, shall be individually

responsible for all losses sustained by any district or sub-district by

reason of such neglect or refusal to comply with the provisions of this

Neglecting section, and shall be severally and jointly liable for the same in a civil ~r~:I'i~ rics~i~i: action, to be brought by the county commissioner in the name of the

able.

State of Georgia; and the amount so recovered shall be apportioned to

the several sub-districts in the same manner as the school funds would

have been.

County school SEC 41. And be it further enacted, That the quota of the general

~~treJwi~~ ~~: school fund found belonging to each county in the State shall be, at the

Treasurers. close of each fiscal school year, upon an order of the State Commis-

sioner on the Treasurer, sent to and deposited with the respective

County Treasurers, who shall be holden for such amount upon their

Disbursement. official bonds as Treasurers, who shall disburse the same to the various

school districts in his county, upon order of the trustees, countersigned

by the county commissioner or county board of education.

AMBULATORY SCHOOLS.

lury

scAhmuublusl.a-

SEC. 42. And be there shall be found

it further enacted, That whenever three militia districts contiguous, or

ai.nndnewahreprerovxer-

imity to each other, containing each notJess than 15 children of school

age, provisions shall be made whereby schools may be kept in each two

11

,

PUBLIC LAWS.-EnucATIoN.
System of Public Instruction.

months annually. The place of holding the school shall be in locations most convenient to the larger number of the children, and the school terms so arranged that anyone teacher may supply at least three schools. The distri~ts referred to in this sectioh shall be under the control of trustees, whose elective duties shall be the same as those in the more populous sub-districts; and the maintenance of a school in each militia district described in this section, for two months in each year, shall be held as compliance with terms contained in section 40 of this act, regulating the time entitling to the apportionment of school funds.

COMMON SCHOOL FUND.

SEC. 43. And be it further enacted, That for the support and main-

tenance of the common schools of this State, the poll-tax, special tax Common school on shows and exhibitions, on the sale of spirituous and malt liquors, ~~d: u~-.-h 0 \V

the proceeds arising from the commutation of military services, all

endowments, devises, gifts and bequests made, or hereafter to be made, State Board of

to

the

State,

or

State

Board

of Education, any and all educational

Education determine

must addi

funds and incomes not belonging to and due the State University, and tional am'ts to

one-half of the

net

earnings

of the

Western

&

Atlantic

Railroad,

are

be raised taxation.

by

hereby appropriated to the State Common School Fund; and it shall

be the duty of the State Board of Education to determine the amount

which, in addition to the foregoing, should be raised annually by tax-

ation upon all the taxable property of the State, and to report annually

to the General Assembly the estimate which they may find necessary

to support a school in every school district in the State, of at least

three months in each year, in the manner provided in this act, the

same to be apportioned with other funds, as hereinafter directed.

SEC. 44. And be it further enacted, That the county board of edu- Manual labor cation Sha11 have power to organize in each county one or more manual schools.

labor schools, on such plans as will be self-sustaining: Provided, The

Proviso.

same be approved by the State Board of Education.

SEC. 45. And be it further enacted, That nothing contained in this

act shall prevent the collection of any accounts rendered from a private This act shall not school, or the teacher thereof, for the education of beneficiaries of the fe~ti~~ ~f ~r\v~t~l.

common school fund, in localities where the common school may not school accounts,

have been organized: Provided, That such accounts shall have been

first duly audited by the board, whose duty it is to audit all school

accounts.

SEC. 46. And be it further enacted, That the State Board of Edu-

cation shall not be permitted to introduce into the schools any text or Sectarian books.

miscellaneous books of a sectarian or sectional character.

SEC. 47. And be it further enacted, That the Secretary of State

shall, as soon as practicable, make, or cause to be made, a digest of all Secretary of

the laws of force in this State relating to schools and education.

State tu mak" digest of schoul

SEC. 48. Repeals conflicting laws.

laws.

Approved October 13,1870.

12