Georgia school code: including educational laws through 1923

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GEORGIA SCHOOL CODE
INCLUDING EDUCATIONAL LAWS THROUGH 1923
PUBLISHED BY THE
DEPARTMENT OF EDUCATION
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N. H. BALLARD,
STATE SUPERINTENDENT OF SCHOOLS 1923

GEORGIA SCHOOL CODE
INCLUDING EDUCATIONAL LAWS THROUGH 1923
PUBLISHED BY THE
DEPARTMENT OF EDUCATION
N. H. BALLARD,
STATE SUPEBINTENDENT OF SCHOOLS 1923
Byrd Printing Co., Atlanta, Ga.
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AN ACT
To codify the school laws of the State of Georgia, in compliance with the provisions of the Act entitled an Act to empower the State Superintendent of Schools, the Attorney-General, the Chairman of the Senate and House Committees on Education, to codify the school laws, and for other purposes, approved July 20th, 1918; to revise the school laws of the State; to provide for a State Superintendent of Schools, State Board of Education, a State Board for Vocational Education, County Superintendent of Schools, County Boards of Education, Supervisors of Schools and Institutes, an Auditor, a Secretary and Executive Agent of the State Board of Education, and other officers; to provide the method of their selection, their duties, powers, and compensation; and for other purposes.

The above is the title of the School Code which was passed unanimously by the Georgia House of Representatives and Senate and signed by the Governor on August 18, 1919. The laws for consolidation, the Illiteracy Commission and Bible Reading are also included in regular order, and the school laws passed in 1922 and 1923 are added as a sup-

plement for the information of school officials and the general public.

Very truly,

N. H. BALLARD

Sept. 1, 1923.

State Supt. Schools.

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CONSTITUTION
ARTICLE VII.
Section 1. Section 1. Paragraph 1. The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only: For the support of the State government and the public institutions. For educational purposes, in instructing children in the elementary branches of an English education only.
Section 2. Section 2. Paragraph 3. No poll-tax shall be levied except for educational purposes, and such tax shall not exceed one dollar annually upon each poll.
Section 6. Section 3. Paragraph 2. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes; to build and repair the public buildings and bridges, to maintain and support prisoners; to pay jurors and coroners, and for litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation.
ARTICLE VIII.
Section I. Section i. Paragraph 1. There shall be a thorough system of common schools for the education of the children, as nearly uniform as practicable, the expense of which shall be provided for by 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.
Section II. Section 5. Paragraph 1. 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 the government, and he 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.
Section HI. Section 6. Paragraph 1. The poll tax, any educational fund now belonging to the State (except the endowment of, and debt due tc, *fe?>

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University of Georgia), a special tax on shows and exhibitions 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 be 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.
Section IV. (As It Was). Section 7. Paragraph 1. Authority may be granted to counties, militia districts, school districts and to municipal corporations, upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits by local taxation; but no such laws take effect until the same shall have been submitted to a vote of the qualified voters in each county, militia district, school district, or municipal corporation and approved by two-thirds majority of persons voting at such election, and the General Assembly may prescribe who shall vote on such questions.
Section IV as Amended in 1920. Authority 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 recommendation 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 not 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 this bill shall not apply to counties having a local school system of taxation adopted prior to the Constitution of 1877.
Section V.
Section 8. Paragraph 1. Existing local school systems shall not be affected by this Constitution. Nothing contained in the first section of this Article shall be construed to deprive schools in this State, not common schools, from participation in the education fund of the State, as to all pupils therein taught in the elementary branches of an English education.
Section VI. University of Georgia, High Schools and Higher Education of Negroes Restricted--As Formerly.
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 date by the State to
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the University, the General Assembly may, from time to time make such donations thereto as the condition of the treasury will authorize. And the General Assembly may also, from time to time, make such appropriations of money as the condition of the treasury will authorize, to any college or university (not exceeding one in number) now established or hereafter to be established, in this State for the education
of persons of color.
Section VI. As Amended in 1920. Authorizing appropriations to the University of Georgia as Well as to High Schools and no Restriction to Negro Education.
State University. The trusteees 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 University, the General Assembly shall from time to time make such appropriations to the University, and Etgh Schools, as the condition of the Treasury authorize.
ARTICLE I.
STATE BOARD OF EDUCATION.
Members. Appointment. Qualifications.
Section 9. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That there shall be a State Board of Education composed of six members, as follows: Th Governor, the State Superintendent of Schools, and four other persons, who shall be 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 successors 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 schools 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 school book publishing concern shall be eligible to membership 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.
Oath of Members and Meetings of Board. Compensation.
Section 10. 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 hs

cannot 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
Powers and Duties of Board.
Section 11. 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 common and high schools of the State receiving State aid. They shall select and make out a list of textbooks 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 elause 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 School Districts, Distribution of School Fund and Normal Instruction.
Sec. 12. 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.
An Advisory and Appellate Body.
Sec. 13. 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 in

writing, and must distinctly set forth the question 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 concurrence of a majority of the whole Board shall be necessary in order to give validity to the decision.
Charters of Higher Institutions of Learning.
Sec. 14. No charter giving the right to confer degrees or issue diplomas shall be granted to any proposed institution of learning within the State of Georgia until the proper showing has been made to the State Board of Education that the proposed University, College, Normal or Professional School shall give evidence of its ability to meet the standard requirements set up by the State Board of Education.
Gifts from or Offer of Gifts by School Book Publishers or Their Agents.
Sec. 15. No member of the State Board of Education or any appointees of said Board or any other person or persons that have the authority of selecting or in any way aiding in the selection of sehool books for the schools of Georgia shall not for themselves or any member of their respective families receive any gifts, compensation or remuneration of any kind from any school book publishing house, corporations, individuals, or the agents or representatives of either, nor shall any person, publishing house or corporation engaged in publishing or the sale of school books offer to any of said Board or their families or appointees any gift, compensation or remuneration, directly or indirectly. Any person violating the provisions of this section shall be guilty and punishable for a misdemeanor. 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 their duty to report the same to the grand juries of their respective counties, and on failure or refusal to do so, 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.
School-Book Commission Created.
Sec. 16. The State Board of Education is the School-book Commission of the State of Georgia. The members of the said School-book Commission shall serve without compensation; the Governor shall be president and the State School Superintendent shall be the executive officer of said School-book Commission.
Oath of Officer.
See. 17. Before transacting any business relating to the duties of this Commission, they shall each take an oath before some person authorized to administer same, to faithfully discharge all the duties imposed upon them as members of the said School-book Commission, and that they have no interest, direct or indirect, in any contract that may

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be made under this article, and will receive no personal benefits therefrom.
ARTICLE II.
UNIFORM TEXT-BOOKS.
Uniform Text-Books Prescribed.
Sec. 18. 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 United 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 the other elements of an English Education, and such other branches of study in addition to the above-mentioned as may be provided by statute, and not conflicting with the Constitution of this State, provided, that none of said text-books so adopted shall contain anything of a partisan or sectarian character; and 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 each year, shall be included in the provisions of this article; 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 schools of the State.
Addition to the State Course of Study. Sec. 19. Health and hygiene and special instruction as to the na-
ture 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 the 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.
BIBLE READING IN THE SCHOOLS.
The following amendment was passed in 1921: "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 each
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school day. Upon the parent or guardian of any pupils 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 Act, such teacher shall permit such pupil to withdraw while the reading of the Bible as required under this Act is in progress. Such a request in writing shall be sufficient to cover the entire school year in which said request is filed."

Further Duties of the Commission. Sec. 20. The School-book Commission shall consider the merits of
the books, taking^ into consideration the subject-matter, the printing, binding and material and mechanical qualities and their general suitability and desirability for the purposes intended and the price of tho books; and they shall give due consideration and weight to the reports and recommendations of the sub-commission; provided, that no text-book, the subject-matter of which is of inferior quality, shall be adopted by the School-book Commission. The School-book Commission shall select and adopt such books as will, in their best judgment, accomplish
the ends desired.

Bids, Advertisements, Terms.

Sec. 21. The School-book Commission shall meet in the office of tin

State Superintendent not later than September 1, 1903, and advertisj

in such manner and form as they may deem best, that, at a time to U

fixed by the Commission to be named in the advertisement, and not

later than November 1, 1903, the School-book Commission will receiv

at the office of the State School Superintendent, in the city of Atlanta,

sealed bids or proposals from the publishers of school books for furn-

ishing books to the public common schools of the State of Georgia through

agencies established by said publishers in the several counties and places

in counties in the State, as may be provided for in such regulations as

the School-book Commission may adopt and prescribe. The bids or pro-

posals shall be for furnishing the books specified for a period of five

years, and no longer. The bids or proposals shall state specifically and

clearly the retail price at which each book will be furnished, and also

the exchange price for the introduction of such books. Each bid or

proposal shall be accompanied by specimen copies of each bid and all

books to be furnished in said bid; and it shall be required that each bid-

der shall deposit with the Treasurer of the State of Georgia a sum of money such as the School-book Commission may require, of not less than five hundred dollars, according to the number of books eaeh bidder

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may propose to supply, and such deposit shall be forfeited absolutely t

the State if the bidder shall fail or refuse to make and execute such

ontract or bond as is hereinafter required within such time as the

School-book Commission may require, which time shall not be later than

January 1, 1904, and shall also be stated in the advertisement. All

bids shall be sealed and deposited with the State Superintendent of

Schools, to be by him delivered to the School-book Commission when

they are in executive session for the purpose of considering the same,

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when they shall be opened in the presence of the School-book Commission; provided, that the School-book Commission shall have authority, upon the acceptance of any bid and the execution of any contract to furnish schoolbooks under the provisions of this article, to allow such time, after January 1, 1904, as may be deemed by the Commission reasonable and necessary (not more than sixty days), to the contractor making such bid or contract, within which to furnish to all the schools of this State eoming under the provisions of this article, with all the books contracted to be furnished. Bids May Be Bejected.
Sec. 22. The School-book Commission shall have and reserve the right to reject any and all bids or proposals if the Commission be of the opinion that any or all bids should, for any reason, be rejected; and in case they fail from among the bids or proposals submitted to select any book or books upon any of the branches of study provided for in this article they may re-advertise for sealed bids or proposals under same terms and conditions as before, and proceed in their investigation in all respects as they did in the first instance and as required by the terms and provisions of this article. Adoption.
Sec. 23. It shall be the duty of the School-book Commission to meet at the time and place noted in said advertisement and take out the specimen copies submitted and upon which bids are based. It shall be the iuty of the School-book Commission to open and examine all sealed proposals submitted and received in pursuance of the notice provided for. It shall then be the duty of the School-book Commission to examine and consider carefully all such bids or proposals, and determine, in the manner provided in this article what book or books upon the branches herein above mentioned, or that hereafter may be added by the Schoolbook Commission, or that may be hereafter provided for in this article, shall be selected and adopted, taking into consideration the size, quality as to subject-matter, material, printing, binding, and the mechanical xecution and price and the general suitability for the purposes desired and intended.
Notice to Publisher, and the Contract.
Sec. 24. After such adoption shall have been made, the said Schoolbook Commission shall, by registered letter, notify the publishers or proposers to whom contracts have been awarded, and it shall then be the duty of the Attorney-General of the State to prepare the contract or contracts in accordance with the terms and provisions of this article, and the contract shall be executed by the Governor and attested by the' Secretary of State with the seal of the State attached upon the part of the State of Georgia, and shall be executed in triplicate, one copy to be kept by the contractor, one copy by the School-book Commission, and copied in full upon the minute-book of the commission, and one copy to be filed in the office of the Secretary of State.
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Bond to be given by the Contractor.
Sec. 25. At the time of the execution of the contract the contractor shall enter into a bond in the full sum of not less than one thousand dollars nor more than twenty thousand dollars, payable to the State of Georgia, the amount of the bond within said limits to be fixed by said School-book Commission, conditioned upon the faithful, honest and exact performance of the contracts, and shall further provide for the payment of reasonable attorney's fees in ease of recovery on any suit upon the same, with three or more good and solvent sureties, actual citizens and residents of the State of Georgia, or any guarantee company authorized to do business in the State of Georgia may become the surety on the bond; and it shall be the duty of the Attorney-General to prepare and approve the bond; provided, however, that the bond shall not be executed in a single recovery, but may be sued upon from time to time, until the full amount thereof shall be recovered; and the School-book Commission may, at any time, by giving thirty days' notice, require additional security or additional bond within the limits prescribed.
Deposits by Bidders, Forfeitures, and Recovery on Bonds.
Sec. 26. "When any persons, firm or corporation shall have been awarded a contract and submitted therewith the bond as required hereunder, the School-book Commission through its secretary, shall so inform the Treasurer of the State, and it shall then be the duty of the Treasurer of the State to return to such contractor the cash deposit made by him; and the School-book Commission, through its secretary, shall inform the Treasurer of the State of the names of the unsuccessful bidders or proposers, and the Treasurer of the State shall, upon receipt of this notice, return to the unsuccessful bidders or proposers the amount deposited in cash by the unsuccessful bidders or proposers at the time of the submission of their bids. But should any person or persons, firm, company or corporation fail or refuse to execute the contract and submit therewith his bond as required within thirty days of the awarding of the contract to him and the mailing of the registered letter containing the notice (and it is hereby provided that the mailing of the registered letter shall be sufficient evidence that the notice was given and received), the cash deposit shall be deemed and declared forfeited to the State of Georgia and it shall be the duty of the Treasurer to place the cash deposit in the treasury of the State to the credit of the school fund, and provided, further, that any recoverv had on any bond given by any contractor shall inure to the benefit of the school fund of the State, and when collected shall be placed in the treasury to the credit of the Bchool fund and be prorated among the several counties of the State.
Suit on Bond, How Brought.
Sec. 27. And in case any contractor shall fail to execute specifically the terms and provisions of his contract, the School-book Commission is authorized, and directed to bring suit upon the bond of such contractor
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for the recovery of any and all damages, the suit to be in the name of the State of Georgia and the recovery for the benefit of the public school fund.
Contract May Be Changed. Sec. 28. But nothing in this article shall be construed so as to pre-
vent the School-book Commission, and any other contractor agreeing thereto, from in any manner changing or altering any contract, provided four members of the State School-book Commission shall agree to the change and think it advisable and for the best interest of the public schools of the State. In all other matters a majority of said School-book Commission shall control.
State Not Liable to Contractor. Sec. 29. It shall be always a part of the terms and conditions of any
contract made in pursuance of this article that the State of Georgia shall not be liable to any contractor in any manner, for any sum whatever; but all such contractors shall receive their pay or consideration in compensation solely and exclusively derived from the proceeds of the sale of books, as provided for in this article.
Standard of Books. Sec. 30. 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.
Prices of Books. Sec. 31. It shall be the duty of all contractors to print plainly on
the back of each book the contract price as well as the exchange price at which it is agreed to be furnished, but the books submitted as sample or specimen copies with the original bids shall not have the price printed on them before they are submitted to the commission. And the School-book Commission shall not in any case contract with any person, publisher or publishers for the use of any book or books which are to be or shall be sold to patrons for use in any public school in this State at a price above or in excess of the price at which suck book or books are furnished by Baid persons, publisher or publishers under contract to any State, county or school district in the United States under like conditions prevailing in that State and in this article; and it shall be stipulated in each contract that the contractor is not now furnishing, under contract, any State, county or school district in the United States where like conditions prevail as are prevailing in this State and under this article, the same book or books as are embraced
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in said contract at a price lower or less than the prices stipulated in the said contract; and that in case said contractors shall hereafter during the term of the contract, contract to furnish, or furnish, to any State, county or school district such book or books at a lower price than that named in the contract, such lower price shall become the price of such book or books under the contract entered into with the said Schoolbook Commission. And the said School-book Commission is hereby authorized and directed at any time they find that any books are being sold at a lower price, under contract, to any State, county or school district aforesaid to sue upon the bond of the contractor and recover the difference between the contract price and the lower price at which they find the books are being sold.
Exchange of Books and Price.
Sec. 32. The said School-book Commission shall stipulate in the contract for the supplying of any book or books, as herein provided, that the contractor or contractors shall take up the school-books now in use in this State and receive the same in exchange for new books at a price not less than fifty per cent, of the contract price; but the exchange period shall not extend beyond the limit of one year from time of the expiration of contracts existing in counties in which such change shall be required under this article. And each persoa or publisher making any bid for the supplying of any books hereunder shall state in such bid or proposal the exchange price at which such book or books shall be furnished.
Proclamation Announcing Contracts.
Sec. 33. As soon as the Commission shall have entered into a contract or contracts for the furnishing or supplying of books for use in the public schools, it shall be the duty of the Governor to issue his proclamation announcing such fact to the people of the State.
Depository and Distribution of Books.
Sec. 34. The party or parties with whom the contract or contracts shall be made shall establish and maintain in some city in this State a depository where a stock of their books sufficient to supply all the immediate demands shall be kept. They shall also establish and maintain not less than one nor more than three agencies in every county in the State as the State School-book Commission shall deem advisable and demand, for the distribution of the books to the patrons; but the eontractor shall also be permitted to make arrangements with merchants or others for the handling and distribution of the books. Any party not living conveniently near an agency or county depository may order any books desired from the central depository direct, and it shall be the duty of the contractor to deliver any books so ordered to the person so ordering to his postoffice address, freight, express, postage or other charges prepaid, at the retail contract price; provided, that the price of the book
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or books so ordered shall be paid in advance. All books shall be sold to the consumer at the retail contract price, and on the cover of each book shall be printed the following: "The price printed hereon is fixed by a State contract, and any deviation therefrom shall be reported to your County School Superintendent or to the State School Superintendent at Atlanta;" and should any party contracting to furnish books as provided for in this article fail to furnish them, or otherwise breach his contract, in addition to the right of the State to use on the bond herein above required, the County Board of Education may sue in the name of the State of Georgia in any court having jurisdiction and recover on the bond of the contractor the full value of the books so failed to be furnished for the use and benefit of the school fund of the county; provided, that the right of action given to the County Board of Education shall be limited to breaches of the contract committed in that county.
Powers of Commission. Sec. 35. The School-book Commission may from time to time make
any necessary regulations not contrary to the provisions of this article, to secure the prompt distribution of the books herein provided for and the prompt and faithful execution of all contracts; and it is expressly now provided that said Commission shall maintain its organization during the five years of the continuance of the contract, and after the expiration of the same to renew such of them as they deem advisable, or readvertise for new bids or proposals as required by this article in the first instance, and enter into such other contracts as they may deem for the best interest of the patrons and the public schools of the State; provided, that any contract entered into or renewed shall be for the term of five years.
Superintendent to Issue Circular Letter. Sec. 36. As soon as practicable after the adoption provided for in
this article the State School Superintendent shall issue a letter to each county superintendent and city superintendent in the State, and to such others as he may desire to send it, which letter shall contain the list of books adopted, the prices, location of agencies, method of distribution and such other information as he may deem necessary.
Books to be Used.
Sec. 37. The books adopted under the provisions of this article shall be used to the exclusion of all others on the same subject in all the pubhe common schools in the State; provided, that supplementary readers may be used in any of the common schools of the State, but even supplementary readers shall not be used until after the regular readers preserved have been completed, and in no ease shall supplementary readers be used to the exclusion of the regular readers adopted under this article.
Penalties for Violating Provisions of this Article.
Sec. 38. If any county school superintendent fails or refuses to enforce the provisions of this article, said county shall receive no part of
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the public school fund of the State until the provisions of this article have been complied with. Any teacher of a public common school violating the provisions of this article shall not receive any salary so long as he shall fail to carry out said provisions.
Adoptions--Terms of Contract.
Sec. 39. The adoptions made under the provisions of this article shall continue for five years from the first day of January, 1904, and any adoption of books made after this time shall terminate with all other adoptions on the first day of January, 1904, and all contracts for school books made by county boards of education now existing and extending beyond the first of January, 1904, shall not be affected by this article, but no new contracts shall be made by any county board of education, or by the board of education of any city or town in this State, except the boards of education in Georgia having under their control a system of graded schools in part supported by local taxation and maintained for at least eight months in each year.
ARTICLE III.
FURNISHING BOOKS AND SUPPLIES.--YEOMAN'S LAW.
Books, How Purchased, Sold, or Furnished Free.
Sec. 40. All boards 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, Sec. 1437 et seq., 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.
Filing of Copies and List of Books With Prices.
Sec. 41. 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-book law, Sec. 1437 et seq., for the use of pupils in the public schools of Georgia, as hereinafter provided, 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
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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 price thereof. The 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.
Sworn Statement to Be Filed.
Sec. 42. Each publisher of any such book filed shall also file in the office of the State Superintendent of Schools a sworn statement giving the net wholesale price at which each book is sold anywhere 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 different series, are received in exchange.
Bond of Publisher, Amount and Condition.
Sec. 43. 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 Sehools, said sum being not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars, according to the number of books filed; 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 sub-. sequently 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 wholesale price contained in said statement, which price shall not exceed the lowest price the publisher has made elsewhere in the United States, and that he will maintain said price uniformly throughout the State of Georgia on the books filed 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 school authorities in Georgia at a higher net price than is received for such book elsewh'ere 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 Sehools, as regards paper, binding, print, illustration, subject matter, and all other particulars that may affect the value of such books. Fourth, that the publisher shall not enter into any understanding, agreement, or combination to control the prices or restrict competition of the sale of school books in the State of Georgia.
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Approval of Bond and a New Bond After Five Years.
Sec. 44. 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 shall be given, or the right to continue selling such text-books in the State of Georgia shall be forfeited.
State Superintendent to Send Out List of Books.
Sec. 45. The State Superintendent of Schools shall, within thirty days after the filing of such text-books and bond for same, send 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 before January 1, 1917, and on or by the first day of January of each following year, publish and send to the superintendent of schools and the chairman of the board of education of each county, city, local sehool system, separate school district and district agricultural school, a printed copy of all such lists then in force in his office.
Forfeiture by Publisher on Failure of Duty.
Sec. 46. If any publishers 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 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 of Georgia that such books shall not thereafter be adopted or purchased 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) 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.
Local Boards Duty as to Selecting Books. Sec. 47. 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 textbooks for use in the schools under its control, until a complete list of
10


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 such books have been selected and adopted by said board of education, no book shall be changed, nor any other 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 sucfi school textbooks as may be in use in the public schools of Georgia when this section goes into effect may be continued at the pleasure of the authorities in charge 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 section shall not affect any existing contracts for textbooks now in force in this State.
Purchases and Payment for Books Ordered. Free Books, and Rental.
Sec. 48. All text-books adopted as provided for in this section shall be bought by the various school authorities direct from the publishers at the price listed with the State Superintendent of Schools. That the board of education of each county, city, local school system, separate school district, and district agricultural school, shall, at a regular meeting, cause to be ascertained the number of each of such books adopted as the schools under its charge require. The secretary of each board 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 when 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 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 schools under its control. For this purpose each board of education may make contracts, and take such 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. The board of education may also contract with 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, each board being responsible to the publishers for all books purchased by it. All orders for books under this section shall be made by a duly authorized agent of the board of education and billed by the publisher to the board of education. That nothing in this section shall prevent the board of education of any county, city, local school system, separate school district, or district agricultural school, from furnishing free text-books to the pupils in the
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schools under its control, or from buying books and renting them to the pupils in the schools under its control.
Retail Prices of Books Limited. Sec. 49. 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 such 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%) advance on the wholesale price of such books.
Second-hand Books; When Purchased. Sec. 50. 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 of 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.
Payment for Vote or Influence Forbidden. Sec. 51. No publisher of school text-books, nor agents of such pub-
lisher, shall offer or give any emolument, money, or other valuable thing, or any inducement, to any member of any board of education or school official connected with any of the public schools of Georgia, for his vote, or for the use of his influence for the adoption of any school textbook 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 section 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 board of education or school official for examination of such book or books before the adoption of books, as provided for in this section, and nothing shall be construed to prevent such member of a board of education or school official from receiving such sample copies.
Penalty for Violation. Sec. 52. Any publisher of school text-books, or agent of such pub-
lisher, or any member of any board of education or public school official in the State of Georgia, who violates any of the provisions of this section, 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 the provisions of this section shall, upon conviction, be punished as for a misdemeanor.
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Non-Bepeal of Certain Laws. Sec. 53. This section shall not be construed to repeal directly or in-
directly the present law as to adoption of basal elementary books by the State Board of Education for the public schools of Georgia.
ARTICLE IV.
STATE SCHOOL SUPERINTENDENT.
Powers and Duties. Sec. 54. The State School 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 laws, and general superiutendence 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 laws; and by what is thus communicated to them they shall 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 the State Board of Education.
Qualifications of Superintendent. Sec. 55. To render a person eligible to hold the office of State Su-
perintendent of Schools he shall be a man of good moral character, 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.
Bond and Oath of Superintendent. Sec. 56. Upon entering upon the discharge of his official duties, the
State Superintendent of Schools; shall give bond in the penal sum of Ten Thousand ($10,000) Dollars to the State of Georgia, with some approved surety company which shall be acceptable to the Secretary of State, conditioned that he will truly account for and apply all money or other property which may come into his hands in his official capacity for the use and benefit of the purposes for which it is intended, and that he will faithfully perform the duties enjoined upon him by law. 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.

Secretary and Agent of Board.
Sec. 57. The State Superintendent of Schools shall be the Secretary and Executive Agent of the State Board of Education, for which services he shall receive Two Thousand Five Hundred ($2,500) Dollars annually.
He is also member of the State Board for Vocational Education, and is a member of the State Geological Board, State Board of Health and of the Budget and Investigating Committee by Acts of 1894, 1903, and 1917. He shall also be an ex-officio'member of the board of trustees of each eleemosynary, corrective or educational institution to which public funds are appropriated.
Duties. Sec. 58. 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 effect the welfare and efficiency of the public schools throughout the State; he shall have authority to suspend a county superintendent of schools for incompetency, willful neglect 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.
To Visit the Several Counties.
Sec. 59. 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.
Misapplication of School Funds.
Sec. 60. 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.
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Annual Reports.
Sec. 61. 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 and public schools of the various grades in the State; the number of scholars attending such schools, their sex, color, and the branches taught; a statement of the average cost per scholar of instruction 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 ascertained; also, a statement of the number of private schools and colleges of the different kinds in the State; the number of pupils in such schools or colleges; their sex, the branches taught, the average cost of tuition per scholar in said schools and colleges.
To Prepare Text on Civics.
Sec. 62. The State Superintendent of Schools is required to prepare with necessary assistance, a text-book on Civil Government and have it printed and sold to the schools at cost.
School Fund.
50% 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 which said income or taxes are due and payable. This section to go into effect January 1, 1922. (Section 109.)
Disbursement of School Funds.
Sec. 63. It shall be the duty of the State School Superintendent to disburse thecommon 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.
State School Supervisors. Sec. 64. The State Superintendent of Schools shall have power,
with the consent and approval of the State Board of Education to appoint three State School Supervisors, whose professional qualifications shall be the same as the State Superintendent of Schools to fill the place of the experts provided for in the Acts of 1891, which 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; pro-
24

vided, The same shall not exceed three thousand ($3,000) dollars. The Supervisors shall keep itemized statements of their expenses, which shall be sworn to monthly and approved by the 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 applicants 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.
Auditor.
Sec. 65. The State Superintendent of Schools with the advice and approval of the State Board of Education, shall appoint one person who shall be a competent and experienced bookkeeper and accountant at a salary of not more than Three Thousand Dc liars per annum, together with his actual traveling expenses, whose duty it shall be to thoroughly audit and check the books and accounts of County Superintendents and the 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 make regular and annual reports to the State School Superintendent showing the amount received, for what purpose received, and for what purposes expended. All such funds held by officials must be kept in banks separate from their individual bank accounts. He shall be allowed his traveling expenses from itemized statements sworn to, as the Supervisors are allowed theirs in the section 1565.T, provided the total expenses shall not be more than $1,000 per annum.
Clerk, Assistants.
Sec. 66. 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 and 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.
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School Year Coincident with Calendar Year.
Sec. 07. Beginning with January 1st, 1895, and continuing thereafter, the school year shall be coincident with the calendar year, to-wit: from January 1st to December 31st thereafter, and the State School Superintendent shall, on or before the 1st Tuesday in December of each year beginning in 1894, or as soon thereafter as practicable, make an estimate of the entire common school fund for the State for the next succeeding school year, and shall at once communicate in writing to the County School Superintendent 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 article 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 laws in any county in this State; provided, further, that it shall not affect the monthly payment of teachers as by this article directed.
Where There Are Local School Laws.
Sec. 68. In those counties having local school laws where the schools are sustained by local taxation for a period of five months or more, the State School Superintendent shall, on the first day of each month, 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 the monthly apportionment aforesaid, and thereupon the Governor shall issue his warrants for said sums and Treasurer shall draw his checks for said sums without requiring the itemized statements as provided; and the State School Superintendent shall immediately transmit said checks to the officer 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 the 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, such 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 shown 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 entitled to have their share of such county fund paid over to the proper officer of the school board of such town or city.
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Twenty School Bays a Scholastic Month.
Sec. 69. Twenty school days shall constitute and be treated as a scholastic month in the public schools.
Unused School Fund.
Sec. 70. In all eases where any of the 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 respective counties entitled to it and may be used by the respective boards of education of the counties entitled to it for school purposes in their respective counties, and may be drawn on for such purpose as provided by law; provided, that in every instance where a new county has been or hereafter may be, created out of the territory of any one or more of the counties organized prior to December 1, 1003, and such old counties shall, on August 18, 1906, have on hand, either in the Treasury of this State or elsewhere, any fund subject to the provisions of this section, then such funds shall bo equitably apportioned between such new county and the old counties whose territory went to the formation of the new county, the basis of the apportionment between the new county and the old eounties affected to be the school population of said counties as the same may appear from the records in the office of the State School Superintendent, or as may be agreed upon by the authorities of the counties affected.
Enumeration of School Children.
Sec. 71. 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 made under instructions from the State School Superintendent, in the year 1888, and every five years thereafter, as hereinafter prescribed.
How Enumeration to Be Taken.
See. 72. The different County or City Boards shall employ one or more eompsient, reliable persons to take the enumeration in their respective jurisdictions, and the persons so employed shall 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 shall 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 the 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 article, the form of oath to be prescribed by the State School Superintendent. Nothing herein contained shall be construed to prevent the County
27

Boards from employing the County School Superintendent to do the work contemplated in this article.
New Enumeration. Sec. 73. The State Board of Education is hereby empowered to or-
der 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 their 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 school fund appropriated to this special territory.
County Institutes. Sec. 74. He shall organize and establish in each county in Geor-
gia 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 month as the State School Superintendent may deem best and expedient; provided, however, that the 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, with a syllabus of each subject in said program, for each day's session of said institute; to require County School Superintendents to operate at their regular per diem, said institute sessions under such general rules and regulations as he may deem best; to require all persons, teaching in Georgia, or having licenses entitling them to teach 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 School Superintendents 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 absence in writing, to said Superintendents and Boards, and they have duly considered the same; and all money thus collected shall be used in purchasing teachers' 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 such other places as may be selected by the County School Superintendents, 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 School Superintendents may deem best for successfully operating said institutes.
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Reports from County Superintendents.
Sec. 75. He shall have the right to require the County School Superintendents 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 Superintendents shall not be entitled to compensation for their official services. He shall also have the right to make the requirement mentioned in Section 1473 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 law, and, until the requirement is complied with, said organization shall not receive the pro rata of the State school fund to which it would be otherwise entitled.

ARTICLE V.

COUNTY BOARDS OF EDUCATION.
School Districts. Sec. 76. Each and every county in the State shall compose one
school district, and shall be confided to the control and management of a County Board of Education.

Membership in County Boards.

Sec. 77. 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 freeholders, who shall

constitute the County Board of Education. Said members shall be elect-

ed for a term of four years, and shall hold their offices until their suc-

cessors shall be elected and qualified; provided, however, that no pub-

'

lisher of school books, nor any agent for such publisher, nor any person

who shall be pecuniarily interested in the sale of school books, shall

be eligible for election as member of any Board of Education or as

County School Superintendent. 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 School 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. Sec. 78. 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 shall they

select any two of those selected from the same militia district or local-

ity, 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

29

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 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 independent 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.
Compensation of Members.
Sec. 79. That 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 School Superintendent; and they shall not receive any other compensation, such as exemption from road and jury duty.
Certificate of Election and Kemoval. Sec. 80. "Whenever members of a County Board are elected or ap-
pointed 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 this State shall have the power to fill vacancies, by appointment, in the county boards 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.
Resignation.
Sec. 81. When a member of a board, or a county superintendent of schools resigns, his resignation should be tendered in writing to the State School Superintendent.
Officers of County Boards.
Sec. 82. The Board of Education shall elect one of their number president, who shall serve as such during the term for which he was chosen a member of the Board. The county School Superintendent shall
30

be 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 upon the inspection of any person interested therein, and all such proceedings, when so recorded, shall be signed by the president and countersigned by the secretary.
Sessions. Sec. 83. 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 courthouse of the county, for the transaction of business pertaining to the public 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.
School Term, School Property. Sec. 84. 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 subdistricts now or hereafter defined, with power to control the same in such manner as they think will best subserve 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 Board, according to the order of the Board. They shall have the power to receive any gift, grant, donation, or devise made for the use of the 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 eolored races in separate schools. They shall, as far as practicable, provide the same facilities for both races in respect to attainments and abilities of teachers 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 sehool of this State. In respect to the building of the 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 public school buildings must be approved by the Superintendent and Board of Education and must be according to the plans furnished
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by the county school authorities and the State Department of Education.
Powers of County Board as School Court.
Sec. 85. The County Board of Education shall constitute a tribu nal for hearing and determining any matter of local controversy in reference to the construction of 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 Schooi 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 the testimony as agreed upon by the parties to the controversy, or if they fail to agree, upon the testimony as reported by the Superintendent.
Five Year Adoption of Text Books.
Sec. 86. The Board of Education of each county and local system shall adopt text books between 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 texts adopted shall be used for five years. The Board may contract with a local dealer to act as agent, but must, where "^factory arrangements cannot be made, arrange itself, through the Superintendent or otherwise, to buy, distribute, rent or furnish free the text books used.
Vaccination of Pupils of Public Schools.
Sec. 87. The County Boards of Education in the counties of this State, and the Boards of Public Education for the 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 be vaccinated as a prerequisite to admission to their respective schools.
Organization, Powers and Duties.
Sec. 88. The County Board of Education shall have and exejcise all the powers that are now exercised by the County Board of Education, except as may be herein changed; Provided, that the County School Superintendent 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 their number, after their election, they shall organize by selecting a chairman. The County Superintendent shall act as secretary of 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 Superintendents. In each case they may appeal to State Board.
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Reports by Teachers.
Sec. 89. It shall be the duty of 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 scholars 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, and such other statistics as may be required to be reported by the County Superintendent, or by the State School Superintendent. Until such report shall have been 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.
Consolidation.
Sec. 90. 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.
Division of School Districts.
Sec. 91. The County Board of Education shall have the further power, when the best interests of schools 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.
Rearrangement of Districts.
See. 92. Whenever in the opinion of the County Board of Education, the best interests of the School 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 such 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
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I

object to the consolidation (provided that 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 notices 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 be determined and declared by the Board of Education and the same shall be held as other elections are held.
1919 School Legislation to Promote Consolidation of Schools. Sec. 92 (B). Beginning with the year 1923 the Stat e Superin-
tendent of Schools shall set aside Two Hundred Thousand Dollars ($200,000.00) or so much thereof as may be necessary, from the funds derived from the rental of the Western & Atlantic Railroad to aid in the establishment and maintenance of consolidated schools in every county of the State. "Where the county authorities by combining smaller schools in whole or in part into a consolidated school with at least four teachers, and where evidence of this fact is furnished by the County Superintendent and Board of Education, the State Superintendent of Sehools shall be authorized to transmit Five Hundred Dollars ($500) annually towards the support of this school. If, in addition, the local school authorities provide for a standard four year high school, One Thousand Dollars ($1,000) in addition shall be given from the funds before mentioned which shall be used to aid the local authorities in payment of the salaries of the principal and at least one assistant high sehool teacher. Such funds for the promotion and aid of consolidation and high school education shall not be sent to two schools in the same county until all the other counties in the State have had the opportunity for this aid. By an amending Act the following sentence was stricken from Sec. 92 B: "Nor shall it be extended in counties in which are located any of the District Agricultural Schools."
Note: It is the opinion of the Attorney-General that the $500 and the $1000 mentioned in this law may be used in two separate schools or combined and paid to one school, if deemed for the best interest of the county as a whole.
The following amendment passed in 1921: It is especially intended and provided by this Act that the high school training of the rural boys and girls of any county may be consolidated at any school in the county, where, in the judgment of the county authorities, the best facilities are provided and may be most accessible to the pupils attending; and provided further that county line school districts as well as others may cooperate to receive the benefits of either elementary or high school consolidation.
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Transportation of Pupils.
Sec. 93. Whenever the County Board of Education deems 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.
Statements by County Superintendents of Sums Due.
Sec. 94. On the first Tuesday of each month the County School Superintendent 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 School Superintendent or for any other item of expense properly chargeable 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 School Superintendent of the several counties, and the State School Superintendent shall immediately transmit said checks to the several County School Superintendents, 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 it shall be prorated 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.
Borrowing to Pay Teachers.
Sec. 95. 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 amount 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.
Resolution Authorizing Loan.
Sec. 96. In order for any Board of Education to borrow money for the purpose hereinbefore stated there shall be passed by said Board a
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resolution authorizing said money to be borrowed, in which resolution it shall be stated the amount of money to be borrowed, the length of time the same is to be used, the rate of interest to be paid and for what purpose borrowed and from whom the same is to be borrowed, which resolution shall be by the County School Superintendent recorded on the minutes of the meetings of said Board of Education.
Term of Loan. Sec. 97. No money shall be borrowed for any longer time than is nec-
essary and the same shall be paid back out of any funds coming into the hands of the County School Superintendent that can be legally applied to the payment of the same.
Interest. Sec. 98. 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.
Eeports to Grand Juries.
Sec. 99. At the spring term of the Superior court of each county in this State where money has been borrowed by the Board of Education under the provisions of this law, the County School Superintendent 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.
Notes for Money. Sec. 100. After the resolution aforesaid has been passed by any
Board of Education the President of the Board of Education, together with the County School Superintendent, shall have the right to execute a note or notes in the name of the Board of Education of said county for any money that is authorized to be borrowed, under the resolution passed by said Board of Education.
Money, How Used. Sec. 101. When any money shall be borrowed under the provisions of
this law, the same shall be paid over to the County School Superintendent and become a part of the public school fund of said county and the same shall be by the County School Superintendent paid out to the teachers of said county and the County School Superintendent 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.
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Excessive Appropriations. See. 102. 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.
Warrants in Anticipation of Revenue. Sec. 103. 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 school superintendents and treasurers of local 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.
Sale of Warrants at Discount. Sec. 104. 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.
Manual Labor Schools. Sec. 105. The County Board of Education shall have power to or-
ganize in each 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.
Evening Schools. Sec. 106. 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 prevented by their daily vocations from attending the all day schools, subject to such regulations as may be provided by the State Board for Vocational Education.
High Schools. Sec. 107. The Board of Education of any county or municipality
shall have the right to establish one or more high schools or junior high schools as in their opinion may be necessary and may be possible through local taxation funds.
Department of Industrial Education. Sec. 108. The Board of Education, or other constituted authorities
having charge 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 public schools, in their discretion, a depart-
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ment of industrial education, in which the students may be taught Agri;ulture, Home Economics, or Trades and Industries under such rules and regulations as may be prescribed by the State Board for Vocational 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, together with the ages at which children may attend the same.
School Fund.
Sec. 109. That 50 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 which said income or taxes are due and payable. This section to go into effect January 1, 1922.
Free Tuition, Etc.
Sec. 110. Admission to all common schools shall be gratuitous to all children between the ages of six and eighteen years inclusive, 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.
County Line Schools.
Sec. 111. In special cases to meet the demand of convenience, children residing in one sub-district may by express permission of the County Board, attend the common school of another sub-district, and when a sommon school is located near a county line, children from an adjoining jounty shall be permitted to attend the school; provided, such children reside nearer such school or said school is more accessible to the residences of such children than any public school in the county of their residence. In such cases the teachers shall report separately the pupils from each county, but make the reports to the superintendent of the county in which the school is located, and with which superintendent the teacher shall contract and from whom she shall receive her pay; but such superintendent shall report to the superintendent of the other county, and shall be reimbursed hy him for the 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 superintendents concerned representing their respective boards and provisions shall be made for such children just as for others.
County Entitled to Part of Fund.
Sec. 112. As soon as the County Board shall communicate satisfactory evidence to the State School Superintendent that arrangements have

been made, by taxation or otherwise, for continuing the common Bchools, 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.
Failure to Arrange for Schools. Sec. 113. Whenever a Board of Education shall fail in any year
to make arrangements to put schools in operation, it shall forfeit all right 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.
Liability for and Disbursement of Funds. Sec. 114. When the funds drawn under apportionment, and any fund
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.
School Fund to be Kept Separate. Sec. 115. When said common school fund shall be received and re-
ceipted for, it shall be the duty of the officer 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, 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.
Property Exempt from Taxation. Sec. 116. Each and every lot or parcel or land which has been, or
may be hereafter, obtained by any County Board of Education for the use of common schools, together with any school buildings erected thereon, and all school furniture, shall be exempt from all taxes, and from levy and sale under any execution or other writ or order in the nature of an execution; provided, the lot of land so exempted shall not exceed four acres, and if there be any excess over that number of acres, then that portion not to exceed four acres, most convenient for school purposes, shall be exempt as aforesaid, the exempted portion to be set off by order of the County Board.
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AitTlCLE VI.
LOCAL TAX FOR PUBLIC SCHOOLS.
Since the passage of the Elders-Carswell measure amending these local tax laws, the Attorney-General has rendered the following opinion:
Attorney-General's Opinion.
August 12, 1921. The Constitutional Amendment, ratified in November, 1920, requiring the tax levying authorities in each county to levy not less than one mill and not more than five mills--the rate to be fixed by the county board of education--has, of course, modified several of the sections relating to local tax. The following opinion from Attorney-General George M. Napier makes clear the requirements of this amendment and the present law as to county, district and municipal taxation. "Under this new law, above stated, it is absolutely the duty of the county authorities to levy a tax for county purposes on the recommendation of "the Board of Education of such county, and to assess and collect taxes for the support of the public schools in such county, of not less than one mill nor more than five mills on the dollar on all taxable property of the county outside of independent local systems. This is to be in accordance with the rate fixed or recommended by the Board of Education and this fund to be distributed equitably, or ratably according to the school population, tax values and the number of teachers in such public schools. It seems that under this amendment to the Constitution, adopted by the people of Georgia by a larger majority than any other amendment was adopted, it is mandatory upon the County authorities who have control of the levying of taxes. In other words, when the Board of Education recommends the levy of a tax, anywhere between one mill and five mills, that makes it the duty of such county authorities to levy such taxes. This does not require any election by the people whatsoever. However, the additional levy just referred to is permissible to independent local systems, municipalities, or school districts, when a two-thirds vote of the people in such district is favorable to such additional levy. What I am speaking of is the requirement of every county in Georgia to assist the cause of education by a levy of taxes for that purpose".
School Districts.
Sec. 117. As soon thereafter as practicable, 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 or 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.
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Local Tax Districts Across County Lines.
Sec. 118. By concurrent consent and action, Boards of Education of two or more adjoining counties may lay 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 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 shall 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 interfere with existing local school conditions.
Failure to Lay Off Districts.
Sec. 119. The failure on the part of any Board of Education to perform the duties required by this article shall be immediately inquired into by the first grand jury sitting after such neglect of duty, and if said grand jury shall 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 behalf; if the said member or members cannot give a good and sufficient reason why they have not performed their duties as required by this article, they shall be discharged, and the said judge shall fill the vacancies until the next grand jury shall meet.
Election of Trustees. Sec. 120. Within ninety days after the Board of Education has laid
off the county as required in Section 1531, said Board may or may not order the citizens of the several school districts to hold an election for the purpose of electing three trustees for each district in the county. The election shall 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 shall be elected for one year, two for two years, and two for three years. The notice of their election shall be filed by the election managers with the County School Superintendent, who shall submit the same to the County Board of Education for
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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 its 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 election 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 by 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 a 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 he 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.
Duties of Trustees; Bond of Treasurer.
Sec. 121. When 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 trustee 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 securing teachers; 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 the Trustee appointed as Treasurer shall keep an accurate account of monies received and paid out in a substantially bound book and submit a report each year to the County Superintendent and the State School Auditor. Further, the treasurer shall make proper bond payable to the County Board of Education. In the event of failure to make this bond as required, all funds raised by local taxation, or otherwise, shall be paid over to the County Board of Education, to be disbursed by order of that body.
Local Tax Election for County.
Sec. 122. Whenever the citizens of any county wish to supplement the public school fund received from the State by levying a tax upon the
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property of the county, it shall be the duty of the Ordinary to order an election, not earlier than twenty days, nor later than sixty days, after receiving a petition of one-fourth of the qualified voters of the county, unless the number of qualified voters in a county shall exceed five thousand, in which event the Ordinary shall order the election after receiving a petition of one-tenth 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 results, 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 those 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 schools 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 Education, or such board of public education, whether established by a general or local law, as has control of the public schools of the county. The county tax-collector shall keep the funds thus collected separate and distinct from all county and State funds and he shall receive a commission of two and one-half per cent, for collecting the same. He shall pay over to the Board of Education all monies 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 shall not be included in the election without the consent of the municipal authorities, but if the municipal authorities should so wish, they may abolish their system by a special Act of the Legislature and avail themselves of the provisions of this article. 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 laws.
Election Expenses.
Sec. 123. The expense of an election 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 under the legislation generally known as the McMichael Act, should be paid by the county and should not be taken from the common or public school fund.
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Election for School Districts. Sec. 124. Whenever the citizens of any school district wish to sup-
plement the funds received from the State public school fund by levying a tax for educational purposes, they shall present a petition from onefourth 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 the 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 those 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 months.
Local Tax Election for Municipalities.
Sec. 125. Any municipality authorized by law to establish and maintain a system of public schools by local taxation, in whole 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 the 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 ballots "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 election for local taxation. An election for the purpose herein named shall not be held oftener than once every twelve months.
Election to Repeal. Sec. 126. An election for repealing the local tax law provided for in
this article 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
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regulations as in 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 eounty 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 and pay off the same.
Local School Systems. Sec. 127. 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 shall not be legal to establish the form of a municipal corporation in a rural district with practically no other powers nor purpose than the local control and management of the schools of that territory.
School Systems in Cities and Towns. Sec. 128. 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 Sehool Superintendent as are required from County Superintendents by this article. Nothing contained in this article shall be construed to annul or repeal any local law now of force in any city or county in this State providing for the organization and maintenance of the common or public schools in such city or county.
Trustees and Secretary. Powers and Duties.
Sec. 129. 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 school houses under the approval of the County Board of Education. 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 School Superintendent of said county, shall ascertain from the tax returns made to the tax receiver and from the returns made to
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the Comptroller-General, the total value of all of 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 School Superintendent, 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 one-half of one per cent. The County Superintendent 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 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.
Tax Collector, Duties of.
Sec. 130. It shall be the 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 such local school districts, as well as tax received for said district from railroads and ottfer corporations that make their returns to the Comptroller-General taking the receipt for the same upon order from the County School Superintendent, and said tax-collector shall receive as compensation thereof two and one-half per cent, of the amount collected up to eighteen thousand dollars ($18,000.00), and one and onefourth per cent on any additional amount collected.
Tax Keturns of Citizens.
Sec. 131. 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 taxpayer 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 law for such cases when returns are rejected by tax receivers.
Corporate Property Subject to Taxation. Sec. 132. All property, both real and personal, including franchises
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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 districts as fully and completely as is the property of the other corporations within such taxable limits.
Returns of Corporate Property and Distribution for Taxation.
Sec 133 It is the duty of every such corporation in this State, in addition to the facts now required to be performed in their returns to the Comptroller-General to also show in said returns the value of such corporation's property in each of said school districts through which it runs 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 on or before January 1, 1907, to each such corporation information as to the boundaries of each school district in which such cor. poration 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 dis-
trict may be changed. The rolling-stock, franchises and other personal property of said cor-
porations shall be distributed to said school districts on the same basis that rolling-stock, franchises and other personal property are distributed to counties and municipalities under the law, that is, as the value of the property located in the particular district is to the whole located prov erty, 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.
Other Provisions Made Applicable. Sec. 134. AH of the other provisions of Article 7, Sections 1036, 1037,
1038, 1039, 1040, 1041, Georgia Code, so far as they can be applied affe applicable to the assessment and collection of taxes of all such companies and corporations which 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 property distributed under the provisions of this article. 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 districts of the county either on the salary basis of the teachers, or else according to enrollment or attendance, as may be for the best interest of the district and
county as a whole.
Secretary and Treasurer, Reports by, and Compensation of.
Sec. 135. The Board of Trustees may have the right to pay the sec-
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retary 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 statement 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.
Bond of Treasurer.
Sec. 136. 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.
Failure to Give Bond.
Sec. 137. In the event the treasurer or secretary and treasurer as aforesaid, shall fail to make the bond as required in section 1543 (a), Georgia Code, 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 orders of the Board of Trustees of such school district in the manner other moneys are paid out by them.
Method of Disbursement.
Sec. 138. 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.
Audit of Books and Accounts of Treasurer.
Sec. 139. The treasurer or the secretary and treasurer as aforesaid, shall keep an accurate account of all moneys 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 Superintendent 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 other competent person audit these books.
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Application of This Law.
See. 140. 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.
Elections, How Governed.
Sec. 141. All elections held under the provisions of this article shall be governed as to registration and qualifications of voters as the general law governing special elections provides.
General School Laws to be Observed.
Sec. 142. While it is the purpose and spirit of this article 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.
ARTICLE VII.
BUILDING SCHOOL HOUSES IN LOCAL TAX DISTRICTS. AS AMENDED IN 1921.
Election for Bonds to Build and Equip School Houses. Sec. 143. When 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 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 Board of Education, in case the election is for a bond issue, shall follow the law as required of county authorities as embodied in Section 440, et seq., of the Code of 1914, Volume 1, 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 election. None but registered qualified voters shall be permitted to vote in said election. The Tax Collector shall furnish a certified list of registered voters in such
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school district, consolidated district or county, to the managers of the election ten 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 BoaTd of Trustees, or Board of Education, who shall declare the result. Said Board of Trustees, or Board of Education, or a majority of them, shall be the election managers, and if for any reason they fail to act, any three freeholders of the school district, consolidated district or county, may qualify and act. Said Board of Education -jhall have nothing to do with the location of the schooi site in Lcija.1 districts except on appeal.
Proceeds of Bonds, How Held and Used. Sec. 144. 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 which said Board of Trustees, or Board of Education, may deem suitable. Said Board of Trustees, or Board 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 Education, 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.
Sec. 145. 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 bonds shall 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 erecting sehool houses thereon, either one or all, the required number of petitioners to be determined by said Board of Education, it shall be the duty of said Board of Education to fix the amount, denomination, rate of interest, and dates when due, and call such election in terms of law now provided or which may hereafter be provided for a county issue of bonds, except is 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 weeks previous to said election in the newspaper in which the legal advertisa-
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ments of said county are published. None but registered qualified voters residing within the territory to be 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 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 Sehool House Bonds" and "Against School House Bonds." The managers of the election, including such clerks as may be necessary, shall be appointed by the ordinary. The 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 said slection shall be in favor of "School House Bonds," and such twthirds is also a majority of all of the voters qualified to vote in said election, then the bonds shall be issued and sold, under all of the regulations now provided by law for other county bonds; the proceeds shall be turned over to the 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 site 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 retiring 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 the district, consolidated district, or county, the Board of Trustees or Board of Education shall recommend and the Board of County Commissioners or Ordinary, as the case may be, 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 thereon; this to be in addition to the general tax for the maintenance of the schools of said territory.
ARTICLE VIII. COUNTY SUPERINTENDENT OF SCHOOLS Election. Term. Sec. 146. The office of County Superintendent of Education shall
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be substituted for the office of County School Commissioner; provided, that the persons now holding the office of County School Commissioner shall continue to serve as County Superintendent of Schools during the remainder of the term for which they were elected respectively.
Terms of County Superintendents.
Sec. 147. The term of office of County Superintendent of Schools in each and every county of the State of Georgia shall begin with the first day of January, 1913, and terminate with the first day of January, 1917, and said County Superintendent of Schools shall be elected for a term of four years as now provided by law at the same time and place as State and county officers. Provided, if there is in the county one or more independent school systems not under the supervision of the County Superintendent, the voters of such independent system or systems shall not vote in the election for County Superintendent. The term of office of all County Superintendents of Schools beginning during the year 1912, shall continue until the first day of January, 1917, or until their successors are elected and qualified as is now provided by law.
Vacancies, How Filled. Sec. 148. In the case of a vacancy caused by death, resignation or
removal from office, or from any cause whatsoever, 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.
Qualifications of County Superintendents.
Sec. 149. 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 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 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.
Bond.
Sec. 150. The County Superintendent of Schools must give bond with good security (surety company preferred) 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 records.
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Compensation.
Sec. 151. Each County School Superintendent 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.
Oath. Sec. 152. 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.
Removal from Office--Successor. Sec. 153. The County School Superintendent may be removed from
office before the expiration of his term by a majority vote of the Board of Education for inefficiency, 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.
Duties. See. 154. The County School Superintendent shall constitute the me-
dium 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 accounts before an application is made to tin County Board for an order for payment; he shall procure a book in which he shall keep a record of his offical aets, 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 State 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 education.
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Examination and Suspension of Teachers. See. 155. He shall superintend examinations of all teachers of his
county as provided by law. He shall hereafter suspend any teacher under his supervision for a non-performance of duty, ineompetency, immorality or inefficiency, and for other good and sufficient cause, 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.
Seal to be Placed Upon Teacher's License. Sec. 156. County School Superintendents shall place upon all teach-
ers' licenses issued by them the seal of the Board of Education of the county for which they are Superintendents.
Office of Superintendent in Court House. Sec. 157. The county authorities of the different counties of this
State shall furnish the County School Superintendents 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.
Who May Administer Oaths. Sec. 158. The County School Superintendent and members of the
County Boards of Education are authorized to administer oaths necessary in transacting business or in conducting investigations before the County Boards when sitting as judicial tribunals for determining controversies arising under school laws.
Keport of County Superintendents. Sec. 159. It shall be the duty'of the County School Superintend-
ent 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 books before them 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.
Examination and License of Teachers. Sec. 160. The County Superintendents shall examine all applicants
for licenses 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 School Superintendents. The State School Superintendent shall prepare and supply the County School Superintendent with printed instructions as to grading applicants by a uniform grade, and shall fix the lowest standard for each class of licenses.
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No applicant for teachers' licenses shall be examined on any other day than the one above described except in cases where 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 School Superintendent, 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 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.
Schools Locally Established and Maintained. Sec. 161. It is not the intention of this law to repeal or interfere
with the laws which have been enacted establishing 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 examinations 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 by 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 svstem'have relaxed the standard or failed to give examination. Nothing herein contained shall 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.
Local County and Municipal Systems. Sec. 162. None of the provisions of this Article 161 shall apply to
local county school systems which were in existence at the time of the adoption of the Constitution of 1877. Nor shall any of the provisions of this article apply to the school system of any municipality having a population of one hundred thousand people or more.
Grading of Applicants. Sec. 163. It shall be the duty of the County School Superintend-
ent to grade the applicants according to the instructions furnished them
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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 evidence 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 for the third grade for one year, which said licenses shall entitle teachers holding them to be employed for and during the period of their licenses in any of the common schools of the county wherein 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 School Superintendent of the county in which the applicant desires to teach.
Revocation of Licenses.
Sec. 164. The County Superintendent shall have power, and it shall be his duty, to revoke licenses granted by him, or his 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 schoo] 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.
Intent to Defraud.
Sec. 165. 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 certificate or license issued by any County School Superintendent 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 231 of the Code of 1917, Volume 6.
Duties of Teachers.
See. 166. After legal qualification through license or certificate, each teacher shall keep an accurate account of the number of pupils entering the school or 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 School Superintendent required 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.
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Certificates for Vocational Teachers. Sec. 167. In Vocational Agriculture, Trade and Industrial and
Home Economics Education, the certification of teachers is authorized by the State Board of Vocational Education.
ARTICLE IX.
SPECIAL DAYS.
Observance of Special Days. Sec. 168. 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 Bemus 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.
ARTICLE X.
HEALTH.
Regulations by County Boards. Sec. 169. The County and Municipal Boards of Health of the sev-
eral 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 and 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.
Isolation and Quarantine in Infectious Diseases. Sec. 170. 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, under 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.
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The isolation of patients and duration of quarantine in infectious diseases shall be as follows:
Diphtheria or Membranous Croup: For the Patient: Isolation for twenty-one (21) days from persons and domestic animals, and disinfection of premises. For persons associated with or in the house with the 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, but does not attentuate the virus, so that the same length of quarantine should be enforced whether antitoxins are or are not used.
Scarlet Fever (Scarlatina, Scarlet Eash, Eoseola): 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.
Smallpox: For the patient: Isolation until after all crusts or scales have fallen off, and the disinfection of patient's body and the premises. For 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.
AN ACT OF 1920
To provide physical education and training for pupils in the common, graded, and State Normal, and all other public schools of Georgia, supported wholly or in part by the State, and to insure better co-operation between the educational authorities and the health authorities of this State, prescribing the methods of carrying the same into effect.
Sec. 170 (a). Be it enacted by the General Assembly of the State of Georgia,and it is hereby enacted by the authority of the same, that the Georgia State Board of Education shall prescribe a course of study in physical education for all common schools of the State, and shall fix the time said courses shall go into effect. This course shall occupy periods totaling not less than thirty minutes each 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 Superintendent of Schools in co-operation 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.
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Sec. 170 (b). 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 after the first day of July, 1921, each person graduating from a teacher's course in any of these institutions shall have completed one or more courses in physical education.
Sec. 170 (c). County Boards of Education of cities and of graded common school districts may employ supervisors 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. The Board 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.
Section 4. All laws in conflict with this Act are hereby repealed.
ARTICLE XI.
COMPULSORY SCHOOL ATTENDANCE.
Duty of Parent and Guardian. Enrollment and Attendance of Child. Excuse of Absences.
Sec. 171. Every parent, guardian or other person having charge and control of a child between the ages of eight and fourteen years, who is not exempted or excused as hereinafter provided, shall cause said child to be enrolled in and to attend continuously for six months of each year a public school of the district or of 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 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.
Penalty for Non-Compliance. Suspension of Punishment. Notice Board.
Sec. 172. Any parent, guardian or other person who has charge and control of a child between the ages aforesaid, and who wilfully
59

fails to comply with the foregoing requirements shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not to exceed ten dollars for the first offense, and not to exceed twenty dollars for each subsequent offense, said fines to include all costs; but the court trying the case may, in its discretion, suspend enforcement of the punishment, if the child be immediately placed in attendance at a school as aforesaid, and may finally remit the same if such attendance has continued regularly for the number of months hereinbefore prescribed for attendance. School attendance may be proved by an attested certificate of the principal or teacher in charge of the school. No person shall be prosecuted for violation of the foregoing requirements unless the board of education of the country or municipality in which the person accused of such violation resides shall have caused to be served upon the accused, at least ten days before prosecution, a written notice of the charge with the name of the child to which it refers. Any person so notified, not previously convicted of violation of this Act as to the child referred to in said notice, may prevent prosecution on the charge set out therein, by giving, at any time before such prosecution is instituted, a bond in the penal sum of fifty dollars payable to the Ordinary of the county, with security to be approved by the Ordinary, conditioned that the said person shall thenceforth faithfully comply with the requirements of this section as to the said child. Each day's willful 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 section, shall constitute a separate offense. In prosecutions under this section the exemptions and excuses herein provided for shall be matters of defense to be established by the accused, and need not be negatived in the indietment or accusation.
Duties of Boards of Education and Teachers. Sec. 173. 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 section to attend the schools under their supervision, and it shall also be their duty to institute or cause to be instituted prosecutions against persons violating this section. It shall be the duty of the principal or teacher in charge of any public school, in which pupils between the ages of eight and fourteen years of age are instructed, to keep an accurate record of the attendance of such pupils, and at the end of each month to make a written report of the same to the Board of Education having supervision of the school, and to note therein exeused absences and the reasons therefor.
Attendance Officer. Sec. 174. Each County and Municipal Board of Education shall em-
ploy 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 8 and 14 years. For this service these officials shall be paid not
60

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 fees 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.
Note. The State Board of Education has decided for the present, at least, in order to be sure of good officials and to save the boards as much expense as possible, that the Home Economics Agent, the County Demonstration Agent or even the County Superintendent of Schools may serve as Attendance Officer and further that a county and a municipal system in the county may elect the same person for these duties.
The Attendance Officer must be appointed, make regular reports to the board and enter upon his duties for the protection of the children of the municipality or county before funds from the State Treasury can be sent.
Fines and Forfeitures a Part of School Fund. Sec. 175. All fines imposed hereunder and all sums required to be
paid as penalties under bonds given under this section, shall, after payment of the costs of prosecution and of recovery thereof, be paid into the county treasury and become a part of the school fund of the county.
Law Effective, When. Sec. 176. The provisions of this Act shall become operative on the
first day of January, in the year nineteen hundred and twenty.
Publication of Law. Sec. 177. 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 section, to cause this section to be published in a newspaper of the county, if there be one, and to cause copies of this section to be posted at the court house of the county and at the public schools thereof.
ARTICLE XII.
VOCATIONAL EDUCATION. Acceptance.
Sec. 178. The State of Georgia accepts and does hereby accept the provisions of an Act of the Congress of the United States approved February 23, 1917, the caption of which 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 subjects; and to appropriate money and regulate its expenditure, and for
61

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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.
Membership of State Board for Vocational Education. Sec. 179. A State Board is hereby created to be known as the State
Board of Vocational Education, consisting of seven members, made up as follows:
The Chancellor of the University. The State School Superintendent. Three members from the State at Large. One of the members of said Board shall be representative of the manufacturing and commercial interests, one representative of the agricultural interests and one representative of labor; Two members from the Trustees of the District Agricultural and Mechanical schools.
And the same is hereby created and said Board shall have all necessary power to co-operate as herein provided with the Federal Board for vocational education in the administration of the provisions of this Act in said Act provided. The Chancellor of the State University and the State School Superintendent shall be ex-officio members of said Board and the Chancellor of the University shall be the Chairman of the same, and that the members of said Board shall be appointed by the Governor, and shall hold office until their successors are appointed and qualified. All vacancies in said Board caused by death or resignation or expiration of term of office shall be filled by appointment of the Governor to fill the unexpired term. Two of the members of said Board shall be appointed for two years, for a term of office beginning July 1st, 1917, and three members shall be appointed for four years to hold office from July 1st, 1917, and all subsequent appointments, except to fill unexpired terms, shall be for four years.
Meetings, Duties, and Compensation of Members.
See. 180. The Board shall fix the time and place of their meeting and shall meet at the call of the chairman or upon the written call of a majority of said members after five days' notice in writing to all members and shall have as pay for their services four dollars per day and necessary expenses, said amounts to be paid out of the Treasury upon the warrant of the Governor.
The State Board of Vocational Education, in off-setting the Federal appropriation, is directed to take advantage of whatever appropriations the State of Georgia makes to local schools, municipal and county, district agricultural schools, normal schools and the teacher training department 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 a 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 otherwiBe appropriated in the State Treasury. So far as possible also said Vocational Board shall encourage municipal and county educational boards to meet the conditions and secure the advantages of this Federal appropriation.
Secretary and His Duties.
Sec. 181. The Board shall appoint one of its members as Secretary of said Board, and he shall keep written minutes of their proceedings and he shall do and perform such other and further duties as may be required of him by the Board.
Custodian of Funds. Sec. 182. The State Treasurer is hereby made the custodian of any
and all moneys received by the State from the national government under this Act, and it shall be his duty to collect said money and pay out the same upon the order of said Board, evidenced by its warrant signed by the Chairman thereof and countersigned by its Secretary.
Representing the State. Sec. 183. The State Board of Vocational 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 appropriate 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.
Repealing Act. Sec. 184. Be it further enacted that the provisions of this Act are
substituted for the existing school laws of this State, and that all the existing school laws of this State and all laws or parts of laws in conflict herewith are hereby repealed.
REHABILITATION.
AN ACT
To provide for the acceptance of the benefits of an Act passed by the Senate and House of Representatives of the United States of Amer'ca in Congress assembled; to provide for the promotion of Vocational Rehabilitation of persons disabled in industry or otherwise; to provide for compliance with all the requirements of such act; to provide for the appointment of a custodian of all moneys received by the State from appropriations made by the Congress of the United States for the purpose stated, to empower and direct the State Board for Vocational Education to co-operate with the Federal Board for Vocational Education in carrying out the provisions of said Act; and to prescribe its powers and duties; to provide for a plan of co-operation between such State Board and any State Workmen's Compensation Board authorized by the General Assembly; to make appropriations to provide for the vocational rehabilitation of persons disabled in industry or otherwise; and for other purposes.
63

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Sec. 184 (a). Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that the State of Georgi does hereby accept the provisions 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.
Sec. 184 (b). Be it further enacted that 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 for Vocational Education.
Sec. 184 (c). Be it further enacted that the Board heretofore designated or created as the State Board for Vocational Education to co-operate with the Federal Board for Vocational Education in the administration of the provisions of the Vocational Education Act, approved February 23, 1917, 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 empowered 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 or 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 or otherwise.
Sec. 184 (d). Be it further enacted that the State Board for Vocational 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 Act. 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 Act, 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.
Sec. 184 (e). Be it further enacted, That there shall be appropriated for the purpose of carrying out the provisions of this Act a sum of money available for each fiscal year not less than the maximum sum which may be allotted to the State under the provisions of the said Federal Act, and that there is hereby appropriated for such purposes out of any moneys in the Treasury not otherwise appropriated for the fiscal year ending July 1, 1921, the sum of $21,353.29, or so much of this sum as may be used.
Sec. 184 (f). Be it further enacted,That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
ILLITERACY COMMISSION.
There is hereby created a commission to be known as "The
Georgia Illiteracy Commission," which shall be composed of ten persons,
both men and women, including the Governor, the State Superintendent
64

of Schools, who shall be ex-officio members thereof. Said commissioners shall be appointed by the Governor of the Commonwealth and shall be selected for their fitness, ability and experience (in matters educational and their acquaintance with the conditions of adult illiteracy in the State of Georgia and its various communities). Four of said commissioners shall hold office for two years and four for four years from the date of their first appointment by the Governor; after which all of said commissioners shall hold for a period of four years, but the term of two of them shall expire biennially. Any and all vacancies occurring in said commission shall be filled for the unexpired term by the Governor. Said commissioners, or any of them, may be removed at any time for cause.
The members of said commission and their successors in office shall be and are hereby constituted a body corporate with all the powers necessary to carry into effect all the purposes of this Act. Said commissioners, after their appointment and qualification, shall adopt a seal and organize by electing from their membership a president, secretary and treasurer to serve for the period of two years, or until their successors are elected and qualified, but the same person may be elected to serve both as secretary and treasurer of the commission, but said secretary and treasurer, whether or not the office be united in one person, shall execute a bond to the Commonwealth of Georgia for the faithful performance of the trusts of their offices, for the proper handling and accounting of all the properties, assets and monies which may come into their hands by virtue of their offices, and in such amount and in such form and with such sureties as the commission shall approve. Said secretary or treasurer may at any time be removed and a successor be appointed by said commission in its discretion.
Said commission may establish a permanent place for its meetings and shall in such place have an office which shall be kept open at such regular times as the commission may prescribe for the transaction of its business, and a majority of said commission shall constitute a quorum.
Duties.
It shall be the duty of said commission, 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 fund 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, instruction and enlightment; and said commission shall be empowered to receive, accept, hold, own, distribute and expend to the end of educating, instructing, enlight-
65
mmmm

^HHHHHB^HMM- I
ening and assisting in the education, instruction and enlightment of illiterate persons in the State of Georgia, any and all funds or any other thing of value, with which it may be endowed or may otherwise receive, and in the expenditure and disbursement thereof, said commission shall be controlled by such expedient and discreet regulations as it may from time to time adopt; provided, however, that any and all funds which may come to the hands of said commission shall be expended in keeping with the general purposes of this Act.
Said commission shall adopt such rules and regulations as may seem expedient to it for the carrying on of its business in the manner which shall seem to it most systematic and satisfactory.
The members of this commission shall receive no compensation for their services, but they shall be reimbursed out of any funds which shall come into the hands of the commission for the use of said commission, for their actual expenses incurred in the performance of their duties, same to be paid monthly, upon vouchers duly approved by the commission, signed by the secretary and countersigned by the president.
The remainder of the funds appropriated to the State Council of Defense and unexpended is hereby made a nucleus for the Illiteracy fund.
ACT OF 1920. AN ACT
To authorize county authorities in their discretion to provide for the carrying on of schools for the instruction of adult illiterates in the elementary branches of an English education only, to authorize the payment of the expenses of carrying on said schools from the County Treasuries, to authorize the levying of a tax for the payment of the expenses of such schools and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by its authority That from and after the passage of this Act, 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 schools for instructing adult illiterates in the elementary branches of an English education only.
Section 2. Be it further enacted by the authority aforesaid that the expenses of maintaining said schools when they shall be established in accordance with this Act, shall be paid out of the County Treasury 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.
Section 3. Be it further enacted that all laws in conflict with this Act are hereby repealed.

ACTS OF 1922 Temperance Day
AN ACT
To provide for the observance of Temperance Day in the public schools of the State of Georgia, to fix said day, and for other purposes:
Section 1. Be it enacted by the General Assembly of Georgia and by the authority of same it is hereby enacted, that from and after the passage of this Act, 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 tlie Public Schools of this State.
Section 2.
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.
Section 3. All laws and parts of laws in conflict with this Act arc hereby repealed. Approved July 26, 1922.
County and Home Demonstration Agents
AN ACT
To confer upon the several counties of this State the authority to levy taxes for educational purposes, to provide for the employment and pay of County Agents and Home Demonstration Agents, to provide for the employment and payment of Agricultural Teachers and Homy Economics Teachers in the Vocational High Schools of the State, and for other purposes.
Section 1.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that 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.
Section 2.
Be it further enacted, That the Boards 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 tinder the provisions t of the Acts of Congress, approved May 8th, 1914, (Barnes Federal Code 8413-8414-8518) the State's acceptance of the same approved August 14th, 1914. Also, may employ and pay Agricultural Teachers and Home Economics Teachers
67

H^^HHBtUBnHHB ^BHH
when employed in the consolidated schools of the counties under provisions of the Vocational Educational Act of Congress of February 23rd, 1917, and Acts of Georgia approved August 21st, 1917.
Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1922.
Local Tax Elections
AN ACT To provide for the election prescribed by 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 recommendation of Boards of Education without an election; and to provide how said additional tax shall be levied when authorized by the necessary vote. Section 1. Be it anacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that 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 results declared for counties in the manner prescribed in Section 1534 of the Code of the State of Georgia, of 1910, and the acts amendatory thereof, and for School Districts and Independent Local Systems, in the manner prescribed in Section 1535 of said Code, and for municipalities in the manner prescribed in the Act of the General Assembly of the State of Georgia, approved August 13, 1910, entitled, "An Act to authorize a certain class of municipalities to hold an election to determine the question of local taxation for the support and maintenance of Public Schools, to prescribe the qualifications of electors for such elections, and for other purposes." Section 2. Be it further enacted that in the call for said election the additional tax proposed to be 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. Section 3. 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 1534 of the said Code and the acts amendatory thereof. Section 4. Be it further enacted that an election for repealing the
68

additional tax levied in pursuance of an election held as above may be had under the conditions prescribed by and in conformity with Section 1536 of said Code, and the acts amendatory thereof.
Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved August 19, 1922.
ACTS OF 1923
County and Home Demonstration Agents
AN ACT
To confer upon the County Commissioners or Ordinaries of the counties of this State authority to promote extension work in Agriculture and Home Economics, and pay therefor, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That 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) and Act of the General Assembly of Georgia, approved August 14, 1914, and Acts amendatory thereof, by employing County Agricultural Agents and Home Demonstration Agents and supervising their work, and paying therefor.
Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed.
Approved, August 18, 1923.
Fire Protection
AN ACT
To provide safety against fire hazards or stampedes from other causes for pupils in public schools in Georgia; to make it illegal to pay out public moneys for the maintenance of schools in buildings where the provisions of this Act are not complied with; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That 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 fires or stampedes from other causes, as hereinafter provided.
Section 2. Be it further enacted by the authority aforesaid: That 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
09

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 this Act as to fire escapes and safety as prescribed herein, 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.
Section 3. Be it further enacted by the authority aforesaid, That minimum requirements for safety as required in this bill shall consist of easy means of exit from not less than two opposite sides of the school building, and further that 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.
Section 4. Be it further enacted that 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 the window, or through the roof without being safely encased in a brick flue.
Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved, August 18, 1923.
Teaching the Constitution
AN ACT
To require the teaching of the Constitution of the United States and of this State, including the study of and devotion to American institutions and ideals, in all the public schools and colleges, and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1. That on and after September 1, 1923, 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 schools and colleges 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.
Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
Approved, August 20, 1923.
70

Issuance of Bonds for School Buildings for Use of City and Rural Children
AN ACT

To authorize counties and municipalities located within such counties (having independent school systems supported in whole or in part bylocal taxation) to contract with each other for the joint building and maintenance of high school buildings, to be located within such municipalities, for the joint use of the children of such cities and counties, to issue bonds to erect such buildings, to build and maintain such high school buildings, and to levy taxes for the payment of such bonds and the maintenance of such buildings and for other purposes.

Section l.s Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act counties and the municipalities located therein (having independent school systems supported in whole or in part by local taxation) may contract witli each other for 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 municipality.

Section 2. Be it further enacted by the authority aforesaid, that 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 bo

approved and confirmed by the mayor and council and board of County

I;

Commissioners, or other authorities, by whatever name called,--having

charge of the fiscal affairs of the city and county respectively.

Section 3. Be it further enacted by the authority aforesaid, that

when such contract has been made and approved, as provided in the

preceding sections, then the authorities of the county and municipality

having charge of these fiscal affairs, may issue bonds for their propor-

tion 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 contra-cting party shall

fail to carry an election for bonds, for the same purpose, the election

i

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.

Section 4. Be it further enacted by the authority aforesaid, that when an election for such bonds has been carried, as provided by law, then the county and municipal authorities may thereafter each levy a tax sufficient to pay the principal and interest of such bonds, issued

-

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by each party, and the cost of maintenance of such building, in addition to any other tax they are now authorized by law to levy.
Section 5. Be it further enacted by the authority aforesaid, that the provisions of this Act shall not be construed to be the exclusive means for the building of High School Buildings, but the provisions of this Act shall be construed to be permissive and cumulative to any other means now or hereafter provided by law.
Section 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Approved, August 7, 1923.

k

1

INDEX

Acts of 1919, 1920, 1922, and 1923-

County and Home Demonstration Agents

Page 67 69

Fire Protection

0p

Illitereraey Commission

64

Illiteracy Funds from Counties

66

Issuance of Bonds for School Buildings for Use of City and

Rural Children

71

Local Tax Election

go

Teaching the Constitution

70

Temperance Day

67

Building School Houses in Local Tax Districts--

Sections

Election for Bonds to Build and Equip School Houses Proceeds of Bonds, How Held and Used

143 144-145

County Board of Education--

Borrowing to Pay Teachers Certificate of Election and Kemoval Compensation of Members County Entitled to Part of Fund County Line Schools Consolidation Department of Industrial Education Division of School Districts Evening Schools Excessive Appropriations Failure to Arrange for Schools Five Year Adoption of Text Books Free Tuition, Etc High Schools Interest Liability for and Disbursement of Funds Manual Labor Schools Membership of County Boards

95
80
79
112
1:u
90-99B 108 gj
_ 106 102 113 86 HO 107
QO
114 IO5 77-78

73

-



HHHi

Money, How Used

Notes for Money

Officers of County Boards Organization, Powers and Duties Powers of County Board as School Court Property Exempt from Taxation

Eearrangement of Districts Reports by Teachers Eeports to Grand Juries

Resignation Resolution Authorizing Loan Sale of Warrants at Discount

School Districts



School Fund

School Pund to be Kept Separate

School Term, School Property

Sessions Statements by County Superintendents of Sums Due

Term of Loan Transportation of Pupils Vaccination of Pupils of Public Schools Warrants in Anticipation of Revenue 1919 School Legislation to Promote Consolidation of Schools

County Superintendent of Schools--

Bond Certificates for Vocational Teachers
Compensation
Duties of Teachers Duties Election, Term Examination and Suspension of Teachers Examination and License of Teachers Grading of Applicants Intent to Defraud Local County and Municipal Systems Oath Office of Superintendent in Court House Qualifications of County Superintendents Removal from Office--Successor Report of County Superintendents Revocation of Licenses School Locally Established and Maintained Seal to be Placed Upon Teacher's License Terms of County Superintendents

74

2
88 85 116 92
" *"
86 104
76 109
H5
84
83
94
87 93
87 103 92B
a50
167 1" I66
154 146
155 160 163 165 162 152 157 149 153 159 164 161 156 147

I

Vacancies, How Filled

148

Who May Administer Oaths

158

Compulsory School Attendance--

Attendance Officer

174

Duties of Boards of Education and Teachers

173

Duty of Parent and Guardian. Enrollment and Attendance of Child.

Excuse of Absences

171

i^ines and Forfeitures a Part of School Fund

175

Law Effective, When

176

Penalty for Non-Compliance, Suspension of Punishment, Notice by

Board

,

172

Publication of Law

177

Furnishing Books and Supplies--Yeoman's Law--

Approval of Bond and New Bond After Five Years

44

Bond of Publisher, Amount and Condition

43

Books, How Purchased, Sold, or Furnished Free

40

Filing of Copies and List of Books with Prices

41

Forfeiture by Publisher on Failure of Duty

46

Local Boards Duty as to Selecting Books

47

Non-Bepeal of Certain Laws

63

Payment for Vote or Influence Forbidden

51

Penalty for Violation

52

Purchases and Payment for Books Ordered, Free Books, Rental.... 48

Retail Prices of Books Limited

49

Second-hand Books; When Purchased

50

State Superintendent to Send Out List of Books

45

Sworn Statement to be Filed

42

Health-

Isolation and Quarantine in Infectious Diseases Physical Training Regulations by County Boards
Local Tax for Public Schools--

170 170-a--170-d
169

Application of this Law

140

Audit of Books and Accounts of Treasurer

139

Bond of Treasurer

136

Corporate Property Subject to Taxation

132

Duties of Trustees; Bond of Treasurer

121

Election of Trustees

120

Election Expenses

123

75



Election for School Districts

124

Election to Repeal

126

Elections, How Governed

141

Failure to Lay off Districts

119

Failure to Give Bond

137

General School Laws to be Observed

142

Local Tax Election for Municipalities

125

Local School Systems

127

Local Tax Election for County

122

Local Tax for Counties

7

Local Tax Districts Across County Lines

118

Method of Disbursement

138

Other Provisions Made Applicable

134

Returns of Corporate Property and Distribution for Taxation

133

School Districts

117

School Systems in Cities and Towns

128

Secretary and Treasurer, Reports by, and Compensation of

135

Tax Collector, Duties of

130

Tax Returns of Citizens

131

Trustees and Secretary. Powers and Duties

129

Special Days--

Observance of Special Days

168

State Board of Education--

An Advisory and Appellate Body

13

Charters of Higher Institutions

14

Constitutional Laws

1-8

Gifts from or Offer of Gifts by School Book Publishers or Their

Agents

15

Members, Appointment, Qualifications

9

Oath of Members and Meetings of Board. Compensation

10

Oath of Officer

17

Powers and Duties of Board

11

School Book Commission

16

School Districts, Distribution of School Fund and Normal Instruction 12

State School Superintendent--

Annual Reports

61

Auditor

65

Bond and Oath of Superintendent

56

Clerk, Assistants

66

County Institutes

74

Disbursement of School Funds

63

Duties

58

Enumeration of School Children

71

76

How Enumeration is to be Taken

72

Local School Laws

68

Misapplication of School Funds

68

New Enumeration

73

Powers and Duties

54

Qualifications of Superintendent

55

Beports from County Superintendents

75

School Year Coincident with Calendar Year

67

Secretary and Agent of Board

57

State School Supervisors

64

To Prepare Text on Civics

62

To Visit the Several Counties

59

Twenty School Days a Scholastic Month

69

Unused School Fund

70

Uniform Text-Books--

Addition to the State Course of Study

19

Adoption

23

Adoptions, Terms of Contract

,

39

Bible Beading

19

Bids, Advertisements, Terms

21

Bids May Be Eejected

22

Bond to be Given by the Contractor

25

Books to be Used

37

Contract May Be Changed

28

Deposits by Bidders, Forfeitures, and Becovery on Bonds

26

Depository and Distribution of Books

34

Exchange of Books and Price

32

Further Duties of the Commission

20

Notice to Publisher, and the Contract

24

Penalties for Violating Provisions of this Article

38

Powers of Commission

35

Prices of Books Proclamation Announcing Contract

31

33

,

Standard of Books

30

State Not Liable to Contractor

29

Suit on Bond, How Brought

27

Superintendent's Circular Letter

36

Uniform Text-Books Prescribed

18

Vocational Education--

Acceptance

178

!

LIBRARIES
OF GE0RG\f\

mil

HMHI^HHHMHH

Custodian of Funds

Meetings, Duties, and Compensation of Members

Membership of State Board for Vocational Education

Representing the State

Repealing Act

Rehabilitation

--

Secretary and His Duties

2-^-
182 180 179 183 184 184-a--184-f 181

78
fc

^SLiSitf}
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