Georgia school laws [1937]

THE LIBRARY OF THK UNIVERSITY OF GEORGIA

GEORGIA SCHOOL LAWS
GENERAL UBRAFt
JAN 26 1939 UNIVERSITY OF 6E0RGI
PUBLISHED BY
STATE DEPARTMENT OF EDUCATION 1937
M. D. COLLINS
State Superintendent of Schools

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PROVISIONS OF THE CONSTITUTION RELATING TO EDUCATION.
ARTICLE 7. FINANCE, TAXATION AND PUBLIC DEBT.
Section 1.
CHAPTER 2-49. POWER OF TAXATION.
2-4901. [6551]. Par. 1. Taxation, how and for what purposes exercised. The powers of taxation over the whole state shall be exercised by the General Assembly for the following purposes only:
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.
2-5004. [6555]. Par. 3. Poll-tax. No poll-tax shall be levied except for educational purposes, and such tax shall not exceed one dollar annually upon each poll.
Section 3.
CHAPTER 2-51. STATE DEBT.
2-5101. [6558]. Par. 1. Debt, for what contracted. No debt shall be contracted by or on behalf of the state, except to supply such temporary deficit as may exist in the treasury in any year from necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection, and defend the state in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the sum of $3,500,000 for the payment of the public-school teachers of the state only. The principal amount borrowed for payment of teachers to be repaid each year out of the common school appropriation, and the interest paid thereon to be paid each year out of the general funds of the state.
As amended by Acts 1911, p. 49. Ratified Oct. 2, 1912. 1926 Ex. Sess., p. 31. Ratified Nov. 2, 1926.

Section 6.
CHAPTER 2-54. PURPOSES OF TAXATION BY COUNTIES AND CITIES.
2-5402. [ 6562]. Par. 2. Taxing power of counties limited. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, 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, and for the collection and preservation of records of birth, death, disease, and health.
As amended by Acts 1908, p. 33. Ratified Oct. 7th, 1908, 1910, p. 45. Ratified Oct. 5, 1910. 1926, Ex. Sess., p. 30. Ratified Nov. 2, 1926.
ARTICLE 8. EDUCATION.
Section 1.
CHAPTER 2-66. COMMON SCHOOLS.
2-6601. [ 6576]. Par. 1. Common schools. There shall be a thorough system of common schools for the education of children, as nearly uniform as practicable, the expenses of which shall be provided for 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.
As amended by Acts 1911, p. 46. Ratified Oct. 2, 1912.
Section 2.
CHAPTER 2-67. SCHOOL COMMISSIONER.
2-6701. [ 6577]. Par. 1. State School Commissioner. There shall be a State School Commissioner, elected by the people at the same time and manner as the Governor and State-house officers are elected, whose term of office shall be two years, and until his successor is elected and qualified. His office shall be at the seat of government, and 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.
As amended by Acts 1894, p. 34. Ratified Oct. 7th 1896.

Section 3.
CHAPTER 2-68. SCHOOL FUND.
2-6S01. [ 6578]. Par. 1. School Fund. The poll-tax, any educational fund now belonging to the state (except the endowment of, and debt due to, the 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 4.

CHAPTER 2-69. EDUCATIONAL TAX.

2-6901. [ 6579]. Par. 1. Local taxation for public schools.

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 per-

missible 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 paragraph shall not apply to counties having a

local school system of taxation adopted prior to the Constitution of 1877.

[Amendment relating to Pierce County omitted.]

Provided also, that authority is hereby given to two or more local school districts, any one or more of which may have incurred a bonded indebtedness, to consolidate upon the condition that such bonded indebtedness outstanding shall be assumed by the entire district as consolidated; provided, however, before such consolidation shall become effective, the same shall be approved by the vote of two thirds of the qualified voters of each district affected, at separate elections held for that purpose on the recommendations of the respective boards of trustees, under the same terms and conditions as to advertisement as bond elections by school districts, the tickets for said elections to have written or printed thereon, "For Consolidation with Bonded District," or "Against Consolidation with Bonded District;" and in the event said elections result in favor of said consolidation, the result

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shall be so declared by the board of trustees of said districts, and thereafter the indebtedness outstanding against any one or more of said districts shall be valid outstanding indebtedness of the district as consolidated, and taxes for the payment of said indebtedness shall be levied accordingly. Provided, however, county boards of education, independent school systems, and local school districts may contract with each other for the education, transportation, and care of children of school age.
As amended by Acts 1903, p. 23. Ratified Oct. 5, 1904, Acts 1919, p. 66. Ratified Nov. 2, 1920.
Acts 1931, p. 103. Ratified Nov. 8, 1932. Acts 1931, p. 105. Ratified Nov. 8, 1932.
Section 5.
CHAPTER 2-70. LOCAL SYSTEMS.
2-7001. [ 6580]. Par. 1. Local schools not affected. Existing local school systems shall not be affected by this constitution. Nothing contained in first section of this Article shall be construed to deprive schools in this state, not common schools, from participation in the educational fund of the state, as to all pupils therein taught in the elementary branches of an English education.

INDEX
THE PUBLIC SCHOOL SYSTEM.

BOARD OF EDUCATION OF THE STATE

Georgia Laws, 1937. Pages 864-869.

Section 1.
Section Section Section Section Section Section Section 8 Section 9 Section 10 Section 11

Board created. Members. Terms of Office. Vacancies. Eligibility Oath. Meetings. Pay for service. Rules and Regulations. Control of Employees. Funds. Powers. State Superintendent's Functions. Jurisdiction. Standards. Certificate for Charter. Forbidden Gifts, Etc. Penalty. Effective Date. Code Sections Repealed.

CHAPTER 32-5. STATE SCHOOL SUPERINTENDENT.

32-501. 32-502. 32-503. 32-505. 32-506. 32-507. 32-508. 32-509. 32-515.

Election. Office. Powers and duties. Qualifications. Bond and oath. Duties. To visit the several counties. Duty in cases of misapplication of school funds. Annual reports. To prepare text on civics. Reports from county superintendents.

TEXT-BOOK COMMISSION, REQUIRED INSTRUCTION, UNIFORM TEXT-BOOKS.
Georgia Laws, 1937. Pages 896-901.
Section 1. Regulations. Section 2. Committees. Section 3. System.

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Section 4. Section 5.
Section 6. Section 7. Section 8.

Purchases, repairs, etc. Grades. State Institutions. Bids. Publishing Contracts.
Expense Funds. Contracts. Counties and Municipalities. General Welfare. Repeal of Code Laws.

CHAPTER 32-7.
32-705. Addition to the state course of study. Bible reading. 32-706. Instruction in essentials of United States and state con-
stitutions. Study of American institutions and ideals.

EQUALIZING OPPORTUNITIES

Georgia Laws, 1937. Pages 882-892.

Section 1. Section 2.
Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16.
Section 17. Section 18.

Policy. Seven months operation. Twenty days a month. School year. Units of Administration. Principals and Teachers. Groups. Annual Determination. Certificate and Classification. Basis of Certification. Salary Schedules. Uses of Common School Funds. Operation beyond seven months. Salaries of Teachers. Minimum Salary. Budget to be filed. Approval. Hearing on Disapproval. Copies to be filed. Federal Funds. Equalization Fund. State Board Superintendent Salary Addition. Supervisors and Employees. Effective Date. Repeal of Code Sections.

CHAPTER 32-9. COUNTY BOARD OF EDUCATION.

32-901. 32- 902. 32- 903. 32- 904. 32- 905. 32- 906. 32- 907.

School districts. Membership in county boards. Qualifications of members. Compensation of members. Certificate of election and removal. Resignation. Officers of county boards.

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32- 908. Sessions.

32- 909. School term. School property.

32- 910. Powers of county boards as school court.

32- 911. Vaccination of pupils of public schools.

32- 912. Organization. Powers and duties.

32- 913. Employment of teachers.

32- 914. Reports by teachers.

32- 915. Consolidation.

32- 916. Division of school districts.

32- 917. Rearrangement of districts.

32- 919. Transportation of pupils.

32- 921. Borrowing to pay teachers.

32- 922. Resolution authorizing loan.

32- 923. Term of loan.

32- 924. Interest.

32- 925. Reports to grand juries.

32- 926. Notes for money.

32- 927. Money, how used.

32- 928. Excessive appropriations.

32- 929. Warrants in anticipation of revenue.

32- 930. Sale of warrants at discount.

32- 931. Manual labor schools.

32- 932. Evening schools.

32- 933. High schools.

32- 934. Industrial education industrial education.

public schools. Department of

32- 935. School fund.

32- 937. Free tuition, etc.

32- 938. County line schools.

32- 940. Failure to arrange for schools.

32- 941. Liability for and distribution of funds.

32- 942. School fund to be kept separate.

32- 943. School property exempt from levy and sale.

32- 944. Extension work in agriculture and home economics;

powers conferred.

32- 948. Extra appropriation to common school fund, Equaliza-

tion fund provided.

CHAPTER 32-10. COUNTY SUPERINTENDENT OF SCH OOLS.
32-1001. Election, term. 32-1002. Election and term of office. Residents of independent
system disqualified to vote.

32-1003. 32-1004. 32-1105. 32-1006. 32-1007. 32-1008. 32-1009.
32-1010. 32-1011. 32-1012. 32-1013. 32-1014. 32-1017. 32-1019. 32-1020. 32-1021.

Vacancies, how filled. Qualifications of county superindents. Duties of trustees; bond of treasurer. Compensation. Oath. Removal from office. Successor. Duties.
Examination and suspension of teachers. Seal to be placed upon teacher's license. Office of superintendent in court house. Who may administer oaths. Report of county superintendents. Local, county, and municipal systems. Revocation of licenses. Duties of teachers. Vocational studies; certificates.

CHAPTER 32-11. LOCAL TAX FOR PUBLIC SCHOOLS

32-1101. School districts.

32-1102. 32-1103. 32-1104.
32-1105. 32-1106. 32-1107.

Local tax districts across county lines. Failure to lay off districts. Election of trustees.
Duties of trustees; bond of treasurer. Local tax election for county. Election expenses.

32-1108. 32-1109. 32-1110. 32-1111. 32-1112.

Election for school districts. Local tax election for municipalities. Election to repeal. Local school systems. School systems in cities and towns.

32-1113. Trustees and secretary; powers and duties. 32-1114. Tax collector, duties of.

32-1115. Tax returns of citizens.

32-1116. Corporate property subject to taxation.

32-1117. Returns of corporate property and distribution for taxation.

32-1118. Other provisions made applicable.

32-1119. Secretary and treasurer, reports by, and compensation of. 32-1120. Bond of treasurer.

32-1121. Failure to give bond.

32-1122. Method of disbursement.

32-1123. Audit of books and accounts of treasurer. 32-1124. Application of this law.

32-1125. Elections, how governed.

32-1126. 32-1127. 32-1128. 32-1129. 32-1130. 32-1131. 32-1132.
32-1133.
32-1134.
32-1135.

General school laws to be observed. Power to levy and collect taxes. Additional tax levy election. Conduct. Additional tax to be specified. Successive elections. Levy of tax. Election to repeal.
Board of trustees of local school district authorized to borrow to pay teachers for current year. Resolution to borrow to be recorded in minute-book of trustees. Chairman of board of trustees with secretary to execute notes for loan. Period of loan. Repayment.

CHAPTER 32-12. MERGER OF INDEPENDENT SCHOOL SYSTEMS.

32-1201.
32-1202. 32-1203.

Municipality or independent school district authorized to repeal special school law. Procedure, etc. Proceedings after election. Territory formerly included constitutes school district.

CHAPTER 32-13. PAYMENT OF TEACHERS.

32-1301. 32-1302.
32-1303.

Governor's authority to make debt to pay teachers. Authority to use funds allocated from special funds to pay teachers. Limit of authority.

CHAPTER 32-14. BUILDING SCHOOL HOUSES IN LOCAL TAX DISTRICTS.

32-1401.
32-1402. 32-1403. 32-1404. 32-1405.
32-1406. 32-1407. 32-1408.

Election for bonds to build and equip schoolhouses in school districts. Proceeds of bonds, how held and used. Bond election. Tax to pay expenses of bonds. High schools; joint building and maintenance. Contract for joint building of high school; approval and confirmation. Bonds for joint building and maintenance of high school. Levy of taxes to pay bonds, etc. Exclusiveness of preceding sections as to building high schools.

JHAPTER 32-15. SPECIAL DAYS.
32-1503. Observance of special days. 32-1504. Temperance Day designated. Programs in schools.

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CHAPTER 32-16. ENUMERATION OF SCHOOL CHILDREN.
32-1601. Enumeration of school children. Duty. 32-1602. How enumeration is to be taken. 32-1603. New enumeration.

CHAPTER 32-17. INSTRUCTIONS IN ANIMAL, BIRD, AND FISH LIFE.

32-1701. 32-1702.
32-1703.

Purposes of Chapter. Public school instruction in bird, animal, fish, forest life,
etc. Certification by teachers.

CHAPTER 32-18. HEALTH.
32-1801. Regulations by county boards. 32-1802. Isolation and quarantine in infectious diseases.

CHAPTER 32-19. PHYSICAL EDUCATION AND TRAINING.
32-1901. Course prescribed. Manual. 32-1902. Courses in normal schools. 32-1903. Special teachers.

CHAPTER 32-20. FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST.

32-2001. 32-2002. 32-2003. 32-2C04.

Payments for maintenance of schools operated in buildings without fire escapes, etc. Inspection and report by county superintendent or by president of board of education. Minimum safety requirements; escapes on both sides of building. Defects in heating installation.

CHAPTER 32-21. COMPULSORY SCHOOL ATTENDANCE.

32-2101.
32-2102. 32-2103.

Duty of parent and guardian. Enrollment and attendance of child. Excuse for absences. Duties of board of education and teachers. Attendance officer.

VOCATIONAL EDUCATION.
CHAPTER 32-22. VOCATIONAL EDUCATION.
32-2201. Acceptance of provisions of Act of Congress. 32-2202. Duties of State Board of Education as to vocational edu-
cation.

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32-2203. Custodian of funds. 32-2204. Representing the state. 32-2205. Extension work agents.

CHAPTER 32-23. VOCATIONAL REHABILITATION OF DISABLED PERSONS.

32-2301. 32-2302. 32-2303. 32-2304. 32-2305.

Provisions of Act of Congress accepted. Money for vocational rehabilitation. State board. Duties. Gifts and donations. Annual appropriation.

ILLITERACY.
CHAPTER 32-24. DUTIES, ETC. OF STATE BOARD OF EDUCATION REGARDING ILLITERACY.
32-2401. Duties; reports; authority to use funds, etc. 32-2402. Rules and regulations.
CHAPTER 32-25. SCHOOLS FOR ILLITERATE ADULTS. 32-2501. Schools authorized. 32-2502. Expenses.

CRIMES.

CHAPTER 32-99. CRIMES.

32-9901. 32-9902. 32-9903. 32-9904. 5 32-9905. 32-9906.

Gifts to school officials by publishers. Officers', etc., failure of duty, punishment. Penalty for violating Chapter 32-7. Punishment for furnishing books and supplies. Intent to defraud. Penalty for non-compliance with compulsory school attendance law. Suspension of punishment. Notice. Bond

68- 310.
68- 311. 68-9907.

Motor vehicles passing school bus discharging or taking on children must stop. School busses required to be marked. Stopping places. School busses, violating of sections relating to.

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STATE BOARD OF EDUCATION.
BOARD OF EDUCATION OF THE STATE
Georgia Laws, 1937. Pages 864-869.
(Board Created. Members. Terms of Office. Vacancies. Eligibility. Oath. Meetings.)
SECTION 1. There shall be a State Board of Education composed of eleven (11) members, as follows: The Governor and one member from each of the ten Congressional Districts of Georgia. All of the members of said board from the several Congressional Districts shall be appointed by the Governor, by and with the advice and consent of the Senate. The original appointments shall be effective from and after July 1, 1937. The original appointments of the members from the various Congressional Districts shall be as follows: Two for two years, four for four years, and four for six years; their terms of office thereafter shall be for six years, and until their successors are appointed and qualify. Any vacancy shall be filled by appointment for the unexpired term, subject to confirmation by the Senate, and any appointment, whether for a full term or to fill a vacancy, made when the Senate is not in session, shall be effective until the same is acted upon by the Senate. The members of the State Board of Education shall be citizens of this State who have resided in Georgia continuously for at least five (5) years preceding their appointment. No person employed in a professional capacity by a private or public educational institution, or by the State Department of Education shall be eligible for appointment.or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The members of the Board of Education shall take an oath of office for the faithful performance of their duties and an oath of allegiance to the Federal and State Constitutions and enter upon the discharge of same on the effective date of this Act. They shall meet at the State Capitol in the Department of Education, or at such place in the Capitol as may be designated by the Governor for that purpose. They shall elect one of their members as Chairman, and shall fix the term of office of the Chairman. The Board shall meet quarterly in regular session, at such time as they may by regulation provide, and may hold additional meetings at the call of the Chairman: Provided, that upon the written request of a majority of the members of the Board the State Superintendent of Schools shall call a meeting at any time.
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(Pay for Service)
SECTION 2. The members of the Board shall receive the sum of Seven Dollars ($7.00) for each day of actual attendance at the meetings of the Board, and as actual cost of transportation to and from the place of meeting and their respective homes by the nearest practicable route the mileage allowed by law to State Officers and employees. Such per diem and mileage shall be paid by the State Department of Education.
(Rules and Regulations. Control of Employees. Funds)
SECTION 3. The State Board of Education shall provide rules and regulations for the supervision of all public schools of this State; they shall provide a course of study for all common and high schools receiving State aid, and may in their discretion approve additional courses of study set up by the local units of administration; provide for curriculum revisions and for the classification and certification of teachers. They shall make such rules and regulations as may be necessary for the operation of the common schools and for the administration of the common school fund. They shall prepare and submit to the Governor and General Assembly of the State of Georgia an estimate of the funds necessary for the operation of the State Public School System. They shall have general supervision of the State Department of Education, and shall employ and dismiss, upon the recommendation of the State Superintendent of Schools, such clerical employees, supervisors, administrators, and other employees, as may be necessary for the efficient operation of the common school system. They shall set aside the necessary funds for the maintenance of the office of the State Department of Education and the State Superintendent of Schools, the amount and sufficiency of said funds to be in the discretion of the State Board of Education, said funds to be disbursed by the State Superintendent of Schools in the payment of salaries and travel expense of employees; for printing, communication, equipment, repairs and other expenses incidental to the operation of the State Department of Education.
(Powers)
SECTION 4. Except as provided by this Act, the State Board of Education shall also have all the powers conferred by law upon the State Board of Education created by Section 32-401 of the Code of Georgia of 1933, and abolished by Section 10 of this Act, and shall perform all the duties now required by law of said State Board of Education as now constituted. Said Board is hereby authorized and empowered to accept, on behalf of the State of Georgia, any funds which may be now or hereafter provided for or appropriated by Congress for vocational education or for other educational purposes, and to use so much of the common school fund or other funds appropriated by the General Assembly as may be necessary to match any such federal aid, or meet the terms of any federal grant to the State for any such educational purposes.
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(State Superintendent's Functions)
SECTION 5. The State Superintendent of Schools shall be the Executive Secretary of the State Board of Education, and the administrative officer of the State Department of Education. He shall enforce and administer the regulations adopted by the State Board of Education. He shall receive as compensation for his services as such Executive Secretary and administrative officer such compensation as the State Board of Education may, from time to time, prescribe, which shall be paid by the State Department of Education, and shall be in addition to the salary provided by the Constitution for the State Superintendent of Schools: Provided, that the compensation of the State Superintendent of Schools as such Executive Secretary and administrative officer shall not be increased or diminished during his term.
(Jurisdiction)
SECTION 6. The State Board of Education shall have appellate jurisdiction in all school matters which may be appealed from any county or city board of education, and its decisions in all such matters shall be final and conclusive. Appeals to the Board must be made in writing through the County Superintendent of Schools, or the Secretary of the Official Board of Independent Systems, and must distinctly set forth the questions of law, as well as the facts in the case. The Board shall provide by regulation for notice to the opposite party and for hearing on the appeal.
(Standards. Certificate for Charter)
SECTION 7. The State Board of Education shall prescribe, by regulation, standard requirements for universities, colleges, normal or professional schools, conferring degrees or issuing diplomas in this State, and no charter granting the right to confer such degrees or diplomas shall be granted or issued until the applicants therefor have obtained from the State Board of Education a certificate showing that such requirements of the Board have been met.
(Forbidden Gifts, Etc.)
SECTION 8. No member or appointee of the Board, or any other person having authority to select or aid in the selection of textbooks for the schools, shall for himself or any member of his family receive any gift, compensation or remuneration from any schoolbook publishing house, corporation, individual, or agent or representative of either; nor shall any such person, publishing house or corporation offer, directly or indirectly, to any member of said Board, or his family or appointees, any gift, compensation, or remuneration. Should any such publishing house, corporation, or person offer to any such officers, their families or appointees, any compensation, remuneration or gift, they shall report the same to the grand juries of their respective counties.
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The Judges of the Superior Courts in charging the Grand Jury from term to term shall give instructions concerning this section and Act.
(Penalty)
SECTION 9. Any person violating the provisions of Section 8 of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as provided by law in such cases.
(Effective Date)
SECTION 10. This Act shall become effective July 1, 1937. The State Board of Education as now constituted, and as provided for by Section 32-401 of the Code of Georgia of 1933 is hereby abolished as of July 1, 1937.
(Code Sections Repealed)
SECTION 11. The following Sections of the Code of Georgia of 1933 are hereby repealed: Section 32-401, which provides for the appointment and qualifications of members of the State Board of Education; Section 32-402, which provides for the qualifications of members of the State Board of Education and for the organization and meetings of said Board and for the compensation of members thereof; Section 32-403, which defines the powers and duties of the State Board of Education; Section 32-404, which creates school districts and provides for the distribution of school funds and for normal instruction; Section 32-405, which provides for the exercise of appellate jurisdiction by the State Board of Education; Section 32-406, which prohibits the acceptation of gifts from persons connected with textbook publishers by anj' member of the State Board of Education or other employee of said Board or of the State Department of Education; and Section 32-407, which provides for the approval of Charters for educational institutions by the State Board of Education.
SECTION 12. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 10, 1937.
CHAPTER 32-5. STATE SCHOOL SUPERINTENDENT.
32-501. Election. Office. Powers and duties. 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 superintendence of the business relating to the common schools of the state. He shall prescribe suitable forms for the reports required of subordinate school officers and blanks for their guidance in transacting their official business, and shall from time to time prepare and transmit to them such instructions as he
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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.
Acts 1919, p. 311.
32-502. Qualifications. To render a person eligible to hold the office of state superintendent of schools he shall be a man of good moral character, of high educational standing, have hfd at least three years' practical experience as a teacher, or in lieu thereof shall have a diploma from a reputable college or normal school, or shall have had five years' experience in the actual supervision of schools, and be at least thirty years of age.
Acts 1919, p. 311.
32-503. Bond and oath. Upon entering upon the discharge of his official duties, the state superintendent of schools shall give bond in the penal sum of ten thousand ($10,000.00) dollars to the State of Georgia, with some approved surety company which shall be acceptable to the secretary of state, conditioned that he will truly account for and apply all money or other property which may come into 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.
Acts 1919, p. 312.
32-505. Duties. The state superintendent of schools shall carry out and enforce all the rules and regulations of the state board of education and the laws governing the schools of the state receiving state aid; he shall from time to time make such recommendations to the state board as may affect the welfare and efficiency of the public schools throughout the state; he shall have authority to suspend a county superintendent of schools for incompentency, 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.
Acts 1919, p. 312.
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32-506. To visit the several counties. It shall be the duty of the state school superintendent to visit, as often as possible, the several counties of the state for the purpose of examining into the administration of the school law, counseling with school officers, delivering popular addresses, inspecting school operations, and of doing such other acts as he may deem to the interest of popular education.
Acts 1919, p. 313.
32-507. Duty in cases of misapplication of school funds. In the event of a misapplication of any of the funds apportioned to any of the institutions of learning or schools receiving state aid, the state superintendent of schools shall at once proceed to recover the same by the institution of proper procedure in the courts after demand to settle same is made upon the party misapplying the funds. (Acts 1919, p. 313.)
Cross-reference. Department of Law, see 40-1607 et seq.
32-508. Annual reports. The state school superintendent shall make an annual report to the General Assembly, in which he shall present a statement of the condition and amount of all funds and property appropriated to the purpose of public education; a statement of the number of common public schools of the various grades in the state; the number of pupils attending such schools, their sex, color, and the branches taught; a statement of the average cost per pupil of instruction 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 pupil in said schools and colleges.
Acts 1919, p. 313.
32-509. To prepare text on civics. 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.
Acts 1919, p. 314.
32-515. Reports from county superintendents. He shall have the right to require the county superintendents of schools to make such reports as he may prescribe and in default of complying, as far as may be practicable, with this requirement, the county school superintendent shall not be entitled to compensation for their official services. He shall also
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have the right to require the report mentioned in section 32-508 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 report is made, said organization shall not receive the pro rata share of the school fund to which it would be otherwise entitled.
Acts 1919, p. 320.
U

TEXT-BOOK COMMISSION.
CHAPTER 32-7. TEXT-BOOK COMMISSION.
Georgia Laws, 1937. Pages 896-901.
(Regulations)
SECTION 1. The State Board of Education is authorized and empowered to prescribe by regulation the text books to be used in the various grades in the public schools of this State, including the elementary grades and high school grades. The Board may provide, by regulation, for multiple listings of books for use in the various grades, and may, in its discretion, authorize the county school superintendent or the superintendent of independent school systems, to exercise a choice as between books so listed or adopted for any particular grade. The State Board of Education may provide for the selection and purchase of free text books either by multiple listings or uniform adoption or by any other method that will enable the acquiring of acceptable books at the lowest possible cost; provided, such adoption or multiple listings shall in no event constitute a binding contract until ratified in writing by the Board of Education. None of said books so purchased shall contain anything of a partisan or sectarian nature.
(Committees)
SECTION 2. The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this State to examine text books and make recommendations thereon to the State Board of Education. Such committee or committees shall consist of such number of educators as the Board may deem advisable, not exceeding five in each instance. They shall serve for such time and for such duties as the State Board of Education may prescribe, and receive such compensation as may be fixed by the State Board of Education.
(System)
SECTION 3. The State Board of Education is hereby authorized and directed to inaugurate and administer a system of free text books for the public schools of the State of Georgia.. The State Board of Education shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose.
(Purchases, Repairs, etc. Grades. State Institutions. Bids)
SECTION 4. The State Board of Education shall, under such rules and regulations as it may deem advisable, provide for purchasing, covering, re-
20

pairing and furnishing such free text books for use by the pupils in all of the elementary and high school grades in the public schools of this State. The State Board of Education may contract for, and provide rules and regulations for, the covering with book covers of such books as are supplied under the provisions of this Act. The State Board of Education is further empowered, in such manner as may seem to it best for the purpose, to restore, repair, recover, or rebind, or to contract for restoring, repairing, recovering or rebinding any and all books used in the public schools of the State, furnished by the Board of Education under this Act, for the purpose of restoring and extending the use of the books. All purchases or contracts for purchases shall be made subject to the condition that the price paid by the State shall not exceed the price which may be offered by the publisher to any other school or school authority for substantially the same book. For the purposes of this Act the elementary grades shall embrace grades one to seven inclusive and no other; and the high school grades shall embrace grades eight to eleven inclusive and no other. In order to effectuate the purposes of this Act, the State Board of Education is authorized to enter upon such contracts as may be necessary for that purpose. The State Board of Education may, in its discretion, extend the provisions of this Section, under such rules and regulations as it may adopt, to the Georgia Training School for Boys, the Georgia Training School for Girls, the Academy for the Blind, the School for the Deaf, and the other public eleemosynary institutions operated by this State, where text books prescribed by the State Board of Education in conformity with this Act are used.
All purchases, listings, or adoptions of text books for use in the public schools of the State, as authorized herein, shall be made upon competitive, sealed bids or proposals, after notice of the time and place of receiving same has been published once in each of at least three newspapers of general circulation published in the State, at least thirty days prior to the date set for receiving proposals, as determined by the State Board.
(Publishing Contracts)
SECTION 5. If the State Board of Education shall find it advantageous to the State to provide for publishing any or all of the text books required to be used in the public schools of this State, it is authorized and empowered so to do, under such reasonable rules and regulations as it may prescribe and to that end may enter upon such contracts as may be necessary for that purpose. The Board may also purchase any second hand books nowior hereafter used in Georgia as it may deem advisable on such basis as may be reasonable.
(Expense Funds. Contracts. Counties and Municipalities)
SECTION 6. The expense of adminstering this Act, and the cost of purchasing, publishing, covering, repairing and furnishing such free text books shall be paid by the State Board of Education from such funds as may be
21
m

provided by the General Assembly for that purpose: Provided, however, that, if funds sufficient to furnish free text books for all grades shall not be available at any time, the Board shall give preference to the elementary grades, starting with the lower grades, and furnishing free text books to the higher grades as rapidly as funds are available for that purpose. Provided, further, that the State Board of Education shall be authorized, if in its discretion it is deemed advisable to do so, to contract with the boards of education of counties or independent school systems now owning text books, for the purchase or use of such text books, upon such terms as may be mutually agreed upon. Provided, further, that nothing in this Act shall be construed to prevent the boards of education of various counties and independent systems from furnishing free text books or school supplies from local funds or furnishing such text books and school supplies on a rental basis, for all grades in addition to the free text books supplied by the State Board of Education. Provided, further, however, that in those municipalities and counties wherein the local boards of education have purchased books, and are furnishing free or renting same to the pupils, it shall be the duty of the State Board, if different books be selected for use in such municipalities or counties, to compensate the local board for the books owned by the local board, or allow the use of such locally owned books, so long as said books are serviceable.
(General Welfare)
SECTION 7. In addition to the powers hereinbefore granted to the State Board of Education to provide free school books to the pupils of the public schools of the State, the State Board of Education is authorized and empowered to do whatever may be necessary for the general welfare of the free school book system, and in order to acquire school books at the lowest possible cost. Such powers hereinbefore set out being cumulative and not restrictive.
(Repeal of Code Chapters)
SECTION 8. Chapter 32-7 of the Code of Georgia of 1933 which creates a State Text Book Commission, and provides for the adoption and listing of uniform text books and for prescribing a course of study, except so much of said Chapter as is contained in Section 32-705 and Section 32-706, is hereby repealed. Chapter 32-8 of the Code of Georgia of 1933, which regulates the furnishing of text books other than uniform text books, is hereby repealed.
SECTION 9. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 4, 1937.
32-705. Addition to the state course of study. Bible reading. Health and hygiene and special instructions as to the nature of alcoholic drinks and narcotics; the elements and principles of agriculture; the elements
22

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: 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 school day. Upon the parent or guardian of any pupil filing with the teacher in charge of said pupil in the public schools, a written statement requesting that said pupil be excused from hearing the said Bible read as required under this section, such teacher shall permit such pupil to withdraw while the reading of the Bible is in progress. Such request in writing shall be sufficient to cover the entire school year in which said request is filed.
Acts 1919, p. 296. 1921, p. 156. 32-706. Instruction in essentials of United States and state constitutions. Study of American institutions and ideals. All schools and colleges in this state that are sustained or in any manner supported by public funds shall give instruction in the essentials of the United States Constitution and the Constitution of Georgia, including the study of and devotion to American institutions and ideals, and no student in said school and college shall receive a certificate of graduation without previously passing a satisfactory examination upon the provisions and principles of the United States Constitution and the Constitution of the State of Georgia.
/3

EQUALIZING OPPORTUNITIES.
Georgia Laws, 1937. Pages 882-892.
(Policy)
SECTION 1. It is hereby declared to be the public policy of the State of Georgia that educational opportunities for all of the children of school age in this state shall be equalized throughout the State by the State Board of Education, so far as possible.
(Seven Months Operation. Twenty Days a Month. School Year)
SECTION 2. From and after July 1, 1937, the public schools of this State, including the public high schools, shall be operated, upon the basis hereinafter provided, for a period of not less than seven school months during each school year. Twenty school days shall constitute a school month. The school year shall begin on the first day of July and end on the thirtieth day of June of each year.
(Units of Administration. Principals and Teachers).
SECTION 3. For the purposes of this Act, the several counties of the State, and the various independent school systems established by law, shall be the local units of administration. In the local units of administration, the several teachers and principals shall be elected by the Boards of Education on the recommendation of the respective superintendents: Provided, that principals and teachers in local tax districts, not operated as independent systems, shall be recommended by the Board of Trustees of such school district and by the County Superintendent. The Superintendents, and the Boards of Education of the respective local units referred to shall execute the provisions of this Act under such rules and regulations as may be adopted by the State Board of Education: Provided further, that those counties in which the public schools are operated under special Acts recognized and continued by the Constitution of 1877, shall be governed by the provisions of this Act, except where the same is in conflict with any such special Act.
(Groups)
SECTION 4. The State Board of Education shall divide the various local units of administration provided for by the foregoing section into five groups, on the basis of the most recent United States Census, and shall regroup said local units as early as practicable after each United States Census.
(a) Group I shall embrace independent school systems in cities of more than ten thousand (10,000) population, counties having one or more cities of more than ten thousand (10,000) population, exclusive of independent systems, and counties having a population density of more than two hundred (200) per square mile.
24

(b) Group II shall embrace all independent schoo .systems not included n Group I and all counties having a population density of not less than seventy-five (75) and not more than two hundred (200) per square mile.
(c) Group III shall embrace counties having a population density of forty-five (45) or more and less than seventy-five (75) per square mile.
(d) Group IV shall embrace counties having a population density of nineteen (19) or more and less than forty-five (45) per square mile.
(e) Group V shall embrace counties having a population density of less than nineteen (19) per square mile.
(Annual Determination)
SECTION 5. The State Board of Education shall annually determine, subject to such variations as in its discretion may be necessary, the number of teachers to be employed for the minimum term prescribed by Section I of this Act, upon the basis of average daily attendance for the preceding school year, as follows:
(a) For school systems in Group I there shall be allowed one teacher for each forty pupils and major fraction thereof in the elementary grades, and one teacher for each thirty-five pupils and major fraction thereof in the high school grades.
(b) For school systems in Group II, there shall be allowed one teacher for each thirty-five pupils and major fraction thereof in the elementary grades, and one teacher for each thirty pupils and major fraction thereof in the high school grades.
(c) For school systems in Group III, there shall be allowed one teacher for each thirty pupils and major fraction thereof in the elementary grades, and one teacher for each twenty-five pupils and major fraction thereof in the high school grades.
(d) For school systems in Group IV, there shall be allowed one teacher for each twenty-five pupils and major fraction thereof in the elementary grades, and one teacher for each twenty pupils and major fraction thereof for the high school grades.
(e) For school systems in Group V, there shall be allowed one teacher for each twenty pupils and major fraction thereof in the elementary grades, and one teacher for each fifteen pupils and major fraction thereof in the high school grades.
For the purposes of this section, grades one to seven inclusive, and no others, shall be considered elementary grades, and grades eight to eleven inclusive, and no others, shall be considered high school grades.
25

(Certificate and Classification)
SECTION 6. The State Board of Education shall provide, by regulation, for certifying and classifying the teachers in the public schools of this State. No teacher, principal, supervisor, or superintendent, other than county school superintendents, shall be employed in the public schools unless such person shall hold a certificate from the State Board of Education, certifying to his or her qualifications as such teacher, principal, supervisor, or superintendent, or a county license issued by a County Board of Education pursuant to the rules and regulations of the State Board of Education. It is provided, however, that nothing in this Act shall operate to prevent any local school unit from providing for local funds educational advantages in addition to those herein prescribed or that may be prescribed by the State Board of Education from making rules for the government of such local systems not in conflict with those prescribed by the State Board.
(Basis of Classification)
SECTION 7. The State Board of Education shall provide, by regulation, for the classification of all of the teachers in the public schools of this State, except County School Superintendents, upon the basis of academic and professional training and experience, and the certificate or license issued to each such teacher by the State Board of Education, or pursuant to its authority, shall indicate the classification of such teacher.
(Salary Schedules)
SECTION 8. The State Board of Education shall annually fix a schedule of the minimum salaries which shall be paid to the teachers of the various classes prescribed by them out of the public school funds of the State, which salary schedule shall be uniform for each of the classes of teachers fixed by the State Board of Education: Provided, however, that the State Board of Education, in its discretion, may authorize or provide for variations from such schedules whenever, in its discretion, such variations may be necessary.
(Uses of Common School Fund)
SECTION 9. The common school fund and such appropriations as may have been, or may hereafter be made by the General Assembly for common school purposes, shall be used by the State Board of Education to carry out the provisions of this Act and for the following purposes:
(1) To pay all teachers in the public schools of the State except County Superintendents, salaries for not less than seven months in each school year, in accordance with the salary schedules prescribed by the State Board of Education: Provided, that no teacher shall receive less than the minimum salary prescribed by the State Board of Education for the class to which such
26

teacher belongs, unless the State Board of Education in the exercise of its discretion, shall otherwise direct.
(2) To pay the salaries of County School Superintendents as now provided by law.
(3) To pay to each local unit of administration, as hereinbefore defined, for the purposes of meeting local administrative expenses, the cost of operating and maintaining school plants, meeting fixed charges, the expense of auxiliary agencies, the expenses of transportation, and other administrative expenses, a sum sufficient, when added to the total amount which may be raised by such local unit of administration, by a local tax levy of five mills, to equal one-third of the amount allotted to such local unit of administration for salaries.
(4) To pay the administrative expenses of the State Department of Education, the compensation and expenses of the State Board of Education, and the State Superintendent of Schools, and such other salaries and administrative expense of the Department of Education as may be authorized by the State Board of Education and approved by the State Superintendent of Schools.
(Operation Beyond Seven Months. Salaries of Teachers)
SECTION 10. The Board of Education of any local unit of administration, as defined by this Act, or the Board of Trustees of any local school district, may operate the schools of such county, or city, or school district, for a longer period than seven months during any school year, or may, in its discretion, supplement the State schedule of salaries, and employ additional teachers not provided for in this Act; Provided, however, that teachers in such schools shall receive not less than the minimum salary prescribed by the State Board of Education on the State schedule for any period during which the school term may be extended, unless the State Board of Education, in its discretion, shall otherwise direct. Provided further, that any such local unit as herein defined may operate kindergartens or grades above the eleventh solely from local funds.
(Minimum Salary)
SECTION 11. The State Board of Education shall, on or before the beginning of each school year, or as soon thereafter as may be practicable, fix the minimum schedule of teachers' salaries for the ensuing school year, and determine the minimum number of teachers which may be employed by each local unit of administration under the classification of local units prescribed by this Act. This information shall be furnished to the Board of Education of each local unit as soon as the same is available.
27

(Budget to be Filed)
SECTION 12. Within thirty days from the receipt of the information referred to in the foregoing section of this Act, or within such other period as may be prescribed by the State Board of Education, the Board of Education of each local unit as herein defined shall file with the State Superintendent of Schools, upon forms prescribed by the State Board of Education and prepared and furnished by the State Superintendent of Schools, a budget, containing such information as may be required by the State Board of Education, and showing proposed expenditures for the ensuing school year, the purposes for which it is proposed such expenditures shall be made, and the sources from which such funds will be derived. When the proposed budget of any local unit of administration has been approved by the State Board of Education, or by the State Superintendent of Schools, in the event of the State Board of Education may delegate such authority to him, the same shall become operative and shall be followed in all expenditures made by such local unit of administration during the ensuing school year: Provided, that no budget shall be approved by the State Board of Education or by the State Superintendent of Schools unless it shall provide for expenditures for teachers' salaries of at least three-fourths of the total amount available to such local unit for expenditure during the ensuing school year, exclusive of the principal and interest of any bonded indebtedness of such local unit.
(Approval. Hearing on Disapproval. Copies to be Filed)
SECTION 13. All budgets submitted in accordance with the foregoing section shall be passed upon by the State Board of Education, or the State Superintendent of Schools, within thirty days after they are received. If any item or items in the proposed budget shall be disapproved, the Board of Education of the local unit shall be entitled to notice thereof and a hearing thereon. If the budget submitted shall comply with the provisions of this Act, and of the laws of this State, and shall require the disbursement of no more than the equitable proportion of State funds to which such local unit may be entitled, the same shall be approved by the State Board of Education, or the State Superintendent of Schools in the event such duty shall be delegated to him by the State Board of Education, and shall become the operating budget for the public schools of the local unit for the ensuing school year. One copy of the approved budget of each local unit shall be filed with the State Superintendent of Schools, one copy shall be filed with the State Department of Audits and Accounts, and one shall be filed with the Board of Education of the local unit. State funds to meet the operating expenses provided for by such school budgets shall be withdrawn from the State Treasury on executive warrants based on requisitions signed by the State Superintendent of Schools, and shall be disbursed to the various local units by the State Treasurer upon the order of the State Superintendent of Schools. Transfer of funds within its budget may be made by local boards providing such transfers do not conflict with the provisions of this Act.
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(Federal Funds)
SECTION 14. Nothing in this Act shall affect the distribution of Federal funds allotted to Georgia under the Smith-Hughes Vocational Education Act, or other Acts of Congress appropriating Federal funds for vocational education purposes, or the distribution of State funds appropriated or allotted for such purposes, but all such funds shall be apportioned by the State Board of Education to the various local units as additional aid for use in maintaining vocational classes or departments, subject to such reasonable rules and regulations as may be prescribed by the State Board of Education and in accordance with the State plan of vocational education; nor shall any provision of this Act prevent the State Board of Education from accepting and administering other funds which may be made available to it, or for the use of the schools of the State for educational purposes, subject to such limitations as may be imposed in the grant or appropriation of same.
(Equilization Fund)
SECTION 15. Nothing in this Act shall be construed to affect or modify Section 32-948 of the Code of Georgia of 1933, relating to creating an equalization fund for the public schools, and providing for its distribution, but said section shall remain of full force and effect.
(State Board Superintendent. Salary Addition. Supervisors and Employees)
SECTION 16. The State Board of Education shall administer this Act, and enforce its provisions. The State Superintendent of Schools shall be the executive and administrative Secretary of the State Board of Education for that purpose. He shall receive for his services such compensation as the State Board of Education may, from time to time, prescribe, which shall be in addition to the salary provided by the Constitution for the State Superintendent of Schools, and shall not be increased or diminished during his term. In administering this Act, the State Board of Education shall employ such supervisors or other employees as may be necessary, and shall fix their compensation. Such supervisors or other employees shall be employed by the State Board of Education upon the recommendation of the State Superintendent of Schools.
(Effective Date)
SECTION 17. This Act shall become effective July 1, 1937, but the State Board of Education, in its discretion, may defer the operation of so much of this Act as fixes a minimum school term of seven months if funds sufficient to operate the schools for seven months shall not be available on the effective date of this Act until such time as such funds may be available for that purpose.
29

(Repeal of Code Sections)
SECTION 18. The following sections of the Code of Georgia of 1933 are hereby repealed: Section 32-404, which provides for school districts for the distribution of school funds and for normal instruction; Section 32-510, which provides for the disbursement of school funds; Section 32-511, which provides for the salary and expenses of the State Superintendent of Schools and for clerks and assistants to the State Superintendent of Schools; Section 32-512, which provides for an estimate of the common school fund and for the payment of teachers; Section 32-513, which provides for apportionment of funds in cases where there are local school laws; Section 32-514, which provides for the establishment of teachers county institutes; Chapter 32-6, Sections 32-601 and 32-602, which provide for State School Supervisors; high school supervisors, appointments, qualifications and duties; Section 32-918, which provides for setting apart $400,000 annually for consolidated schools; Section 32-936, which provides for the distribution of unused school funds; Section 32-939, which provides when a county is entitled to part of the school fund; Section 32-946, which provides for a classification of receipts and expenditures in the submission of annual budgets; Section 32-947, which provides for the submission of and approval of budgets; Section 32-1015, which provides for the examination and licensing of teachers by the county superintendents; and Section 32-1016, which authorizes local systems to prescribe qualifications for teachers and to provide for examinations. So much of Section 32-909 of the Code of Georgia of 1933 as authorizes the county boards of education to prescribe the length of the public school term is hereby repealed.
SECTION 19. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 10, 1937.
CHAPTER 32-9. COUNTY BOARD OF EDUCATION.
32-901. School districts. 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.
, Acts 1919, p. 320.
32-902. Membership in county boards. The grand jury of each county (except those counties which are under a local system) in this state shall, from time to time, select from the citizens of their respective counties five free holders, who shall constitute the county board of education. Said members shall be elected for the term of four years, and shall hold their offices until their successors are elected and qualified: Provided, however, that no publisher of school books, nor any agent for such publisher, nor any
30

person who shall be pecuniarily interested in the sale of school books, shall be eligible for election as members of any board of education or as county superintendent of schools: Provided, further, that whenever there is in a portion of any county a local school system having a board of education of its own, and receiving its pro rata of the public school fund directly from the state 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.
Acts 1919, p. 320.
32-903. Qualifications of members. The county board of" education shall consist of five (5) members as now provided by law and selected by the grand jury as now provided by law, except that the grand jury in selecting such members shall not select one of their own number then in session, nor shall they select any two of those selected from the same militia district or locality, nor shall they select any person who resides within the limits of a local school system operated independent of the county board of education, but shall apportion members of the board as far as practicable over the county; they shall select men of good moral character, who shall have at least a fair knowledge of the elementary branches of an English education and be favorable to the 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.
Acts 1919, p. 321.
32-904. Compensation of members. The members of the board of education in each county shall be paid a per diem not to exceed two dollars for each day's actual service out of the school fund appropriated to the county; and their accounts for service shall be submitted for approval to the ordinary or county superintendent of schools; and they shall not receive any other compensation, such as exemption from road duty and jury duty.
Acts 1919, p. 321.
32-905. Certificate of election and removal. Whenever members of a county board are elected or appointed it shall be the duty of the clerk of the superior court to forward to the state school superintendent a certified statement of the facts, under the seal of the court, as evidence upon which to issue commissions. This statement must give the names of the members of
31

the board chosen and state whom they succeed, whether the offices were vacated by resignation, death or otherwise. The evidence of the election of a county superintendent shall be the certified statement of the secretary of the meeting of the board at which the election was held. Any member of a county board of education shall be removable by the judge of the superior court of the county, on the address of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office after opportunity to answer charges; the judges of the superior courts in the state shall have the power to fill vacancies, by appointment, in the county board of education for the counties composing their respective judicial circuits, until the next session of the grand juries in and for said counties, when said vacancies shall be filled by said grand juries.
Acts 1919, p. 322.
32-906. Resignation. When any member of a board, or a county superintendent of schools resigns, his resignation shall be tendered in writing to the state school superintendent.
Acts 1919, p. 322.
32-907 Officers of county boards. 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 superintendent of schools shall be an ex-officio secretary of the board. A majority of the board shall constitute a quorum for the transaction of business. It shall be the duty of said secretary to be present at the meetings of the board, and to record in a book, to be provided for the purpose, all their official proceedings, which shall be a public record open to inspection of any person interested therein, and all such proceedings, when so recorded, shall be signed by the president and counter-signed by the secretary.
Acts 1919, p. 322.
32-908. Sessions. It shall be the duty of the county board of education to hold regular sessions on the first Tuesday of the month succeeding the election, and each month thereafter at the court house 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.
Acts 1919, p. 323.
32-909. School term. School property. The county boards of education shall have the power to purchase, lease, or rent school sites; build, repair or rent school houses, purchase maps, globes, and school furniture, and make all arrangements necessary to the efficient operation of the schools. The said boards are invested with the title, care and custody of all school
32

houses or other property belonging to the sub-districts now or hereafter defined, with power to control the same in such manner as they think will best serve the interests of the common schools; and when, in the opinion of the board, any school house site has become unnecessary or inconvenient, they may sell the same in the name of the county board of education; such conveyance to be executed by the president or secretary of the 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 colored races in separate schools. They shall, as far as practicable, provide the same facilities for both races in respect to attainments and abilities of teachers and for a minimum six months length of term time; but the children of the white and colored races shall not be taught together in any common or public school of this state. In respect to the building of school houses, the said board of education may provide for the same, either by labor on the part of the citizens of the sub-districts, or by a tax on their property. The construction of all public school buildings must be approved by the superintendent and board of education and must be according to the plans furnished by the county school authorities and the state department of education.
Acts 1919, p. 323.
32-910. Powers of county boards as school court. The county board of education shall constitute a tribunal for hearing and determining any matt ;r of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary; and when they have made a decision, said decision shall be binding upon the parties. Either of the parties shall have the right of appeal to the state school superintendent, and said appeal shall be made through the county superintendent in writing and shall distinctly set forth the question in dispute, the decision of the county board and testimony as agreed upon by the parties to the controversy, or if they fail to agree, upon the testimony as reported by the superintendent.
Acts 1919, p. 324.
32-911. Vaccination of pupils of public schools. The county board of education in the counties of this state, and the boards of public education for the city of Savannah and the other cities of this state are hereby authorized and empowered to make such regulations as in their judgment shall seem requisite to insure the vaccination of the pupils in their respective schools and may require all scholars or pupils to be vaccinated as a prerequisite to admission to their respective schools.
Acts 1919, p. 325; 1880-1, p. 97.
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32-912. Organization; powers and duties. The county superintendent of schools 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 of schools 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 of schools for incompetency, wilful neglect of duty, misconduct, immorality or the commission of crime involving moral turpitude, and may suspend teachers for nonperformance of duty, incompetency, immorality or inefficiency, and for other good and sufficient cause. In each case appeal may be taken to the State Board of Education.
Acts 1919, p. 325.
32-913. Employment of teachers. The county boards of education are empowered to employ teachers to serve in the schools under their jurisdiction, and the contracts for said service shall be in writing, signed in duplicate by the teacher on his own behalf, and by the county superintendent of schools on behalf of the board.
Acts 1887, p. 68; 1889, p. 124; 160 Ga. 480 (128 S. E. 765).
32-914. Reports by teachers. 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 pupils admitted to the school during said term, distinguising between males and females and colored and white with the names thereof; the entire and the average attendance, the branches taught, the number of pupils engaged in the study of each of the said branches, and such other statistics as may be required to report by the county superintendent, or by the state school superintendent. Until such report shall have 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.
Acts 1919, p. 325.
32-915. Consolidation. The board of education of any county shall have the right if in their opinion, the welfare of the schools of the county and the best interests of the pupils require, to consolidate two or more schools located in the same or different districts into one school, to be located by said board at a place convenient to the pupils attending the same, said school house to be located as near the center of the district or districts as practicable. Whenever two or more schools are consolidated as hereinafter
34

provided, the county superintendent shall call an election of trustees for said consolidated schools from the district or districts concerned; said election shall be held in accordance with the provisions of existing law, and the result determined and declared by the board of education.
Acts 1919, p. 326.
32-916. Division of school districts. The county board of education shall have the further power, when the best interests of school demand, to separate or divide any school district into two or more school districts and to provide for the election of a board of trustees for each of said districts, and to do all other things for the government and control of said districts as is herein provided for the organization and control of school districts: Provided, that such county boards of education shall have authority to establish two schools in any school district in this state if they deem it best to do so.
Acts 1919, p. 326.
32-917. Rearrangement of districts. 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 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 notice at least at three or more public places in the district or districts to be affected thereby, at which election should a majority of the qualified voters vote for consolidation the schools shall be consolidated, otherwise not. The result of such election shall be determined and declared by the board of education and the same shall be held as other elections are held.
Acts 1919, p. 326.
32-919. Transportation of pupils and teachers. Whenever the county board of education or local district trustees deem it for the best interest of the school, they shall have the right to provide means for the transportation of the pupils and teachers to and from said school. No school trustee, teacher or county superintendent of schools shall be financially interested in the transportation of pupils.
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32-921. Borrowing to operate schools. The County Boards of Education of the several counties of this state shall have the power and authority whenever they deem it necessary to borrow sufficient amounts of money, and no more, to pay for the operation of the public schools of their counties; provided, that no board of education shall have authority under this law to borrow a sum of money greater in the aggregate than the sum which the County Board of education may be entitled to receive from the state appropriation and from taxes levied for educational purposes during the year in which such loan is made.
Acts 1937, p. 880.
32-922. Resolution authorizing loan. In order for any board of education to borrow money for the purposes hereinbefore stated there shall be passed by said board a resolution authorizing said money to be borrowed, in which resolution it shall be stated the amount of money to be 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 superintendent of schools recorded on the minutes of the meetings of said board of education.
Acts 1919, p. 328.
32-923. Term of loan. No money shall be borrowed for any longer time than is necessary and the same shall be paid back out of any funds coming into the hands of the county superintendent of schools that can be legally applied to the payment of the same.
Acts 1919, p. 328.
32-924. Interest. Said board of education so borrowing money shall borrow the same at as low a rate of interest as possible and they are authorized to pay the interest on said money out of the public school fund for said county.
Acts 1919, p. 329.
32-925. Reports to grand juries. At the opening 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 superintendent of schools shall include in his report to the grand jury the amount of money so borrowed during the preceding year, from whom borrowed, the rate of interest paid, the date or dates the same was borrowed and when paid back.
Acts 1919, p. 329.
32-926. Notes for money. After the resolution aforesaid has been passed by any board of education the president of the board of education, together with the county superintendent of schools shall have the right to
36

execute a note or notes in the name of the board of education of said county for any money that is authorized to be borrowed, under the resolution passed by said board of education.
Acts 1919, p. 329.
32-927. Money, how used. When any money shall be borrowed under the provisions of this law, the same shall be paid over to the county superintendent of schools and become a part of the public school fund of said county and the same shall be by the county superintendent of schools paid out to the teachers of said county and the county superintendent of schools shall be responsible for any money borrowed under the authority of this law and paid into his hands in the same way and to the same extent that he is responsible for any other public school funds coming into his hands.
Acts 1919, p. 329.
32-928. Excessive appropriations. It shall be unlawful for any board of education to make any contract involving the expenditure of funds in excess of the total appropriation for the current fiscal year. Any indebtedness created, contract made, or order or draft issued in violation thereof shall be void.
Acts 1919, p. 329.
32-929. Warrants in anticipation of revenue. For the purpose of anticipating collection of the taxes of any year, the governor is authorized to draw his warrant at the end of each and every month during any year in the favor of the state school superintendent or of the several county superintendents of schools and treasurers of 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.
Acts 1919, p. 330.
32-930. Sale of warrants at discount. It shall be lawful to sell at a discount said warrants to any person, bank, or banking institution, the said sale to be made at the lowest possible rate of discount.
Acts 1919, p. 330.
32-931. Manual labor schools. The county board of education shall have power to organize 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.
Acts 1919, p. 330.
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32-932. Evening schools. The board of education of any county or municipality shall have power to establish, at such places as they may deem proper, a suitable number of evening or part time schools for the instruction of youths over fourteen years of age who are prevented by their daily vocations from attending the all day schools, subject to such regulations as may be
rovided by the state board of education.
Acts 1919, p. 330; 1931, pp. 7, 40.
32-933. High schools. 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.
Acts 1919, p. 330.
32-934. Industrial education in public schools. Department of industrial education. 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 schools, in their discretion, a department of industrial education, in which the students may be taught agriculture, home economics, or trades and industries under such rules and regulations as may be prescribed by the state board of education. It shall be lawful to procure the necessary equipment and pay teachers and the said board, or other constituted authority, shall determine the number of such schools, the place where located, and the terms or sessions of same, together with the ages at which children may attend the same.
Acts 1919, p. 331; 1931, pp. 7, 40.
32-935. School fund. Fifty per cent, of all revenues received by the state from all sources of income or taxation shall be used and expended for the support and maintenance of the common schools of Georgia for the year in which said income or taxes are due and payable.
Acts 1919, p. 331.
32-937. Free tuition, etc. Admission to all common schools shall be gratuitous to all children between the ages of six and eighteen years residing in the sub-districts in which the schools are located. Colored and white children shall not attend the same school; and no teacher receiving or teaching white and colored pupils in the same school shall be allowed any compensation at all out of the common school fund.
Acts 1919, p. 331.
32-938. County line schools. 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
38

when a common school is located near a county line, children from an adjoining county shall be permitted to attend the school; provided, such children reside near such schools or said school is more accessible to the residence of such children than any public school in the county of their residence. In such cases the teachers shall report separately the pupils from each county, but make the reports to the superintendent of the county in which the school is located, and with which superintendent the teacher shall contract and from whom she shall receive her pay; but such superintendent shall report to the superintendent of the other county, and shall be reimbursed by 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 superintendent concerned representing their respective boards and provisions shall be made for such children just as for others.
Acts 1919, p. 331.
32-940. Failure to arrange for schools. Whenever a board of education shall fail in any year to make arrangements to put schools in operation, it shall forfeit all rights to participation in the school funds of that year, unless the failure to arrange for such schools was from providential cause, or other good and sufficient reason to be judged of by the state board of education.
Acts 1919, p. 332
32-941. Liability for and distribution of funds. When the funds drawn under apportionment, and any funds raised by local taxation, are placed in the hands of any county superintendent, he shall be liable on his official bond as treasurer for all amounts received, and shall disburse the same only upon the order of the county board of education, and the said county superintendent shall not be entitled to compensation for receiving any funds as herein provided.
Acts 1919, p. 332.
32-942. School fund to be kept separate. When said common school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and keep the same separate and distinct from other funds and said funds shall be used for educational purposes, and none other, and shall not be invested in bonds of this state, or in other stock, except when investment is necessary to carry out the conditions of an endowment, devise or gift, or bequest; and when taxes are paid into the treasury of the state the comptroller-general shall in no case receipt a tax collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amount paid in.
Acts 1919, p. 333.
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32-943. Sehool property exempt from levy and sale. Each and every lot or parcel of land which has been or may hereafter be obtained by any county board of education, independent school district, or consolidated school district for the use of the common schools, or common high schools, together with any buildings erected thereon for school purposes, and all school furniture, shall be exempt from levy and sale under any execution or other writ or order in the nature of an execution; provided, the lot of land so exempted shall not exceed ten acres; and if there be any excess over that number of acres, then that portion not to exceed ten acres most convenient for school purposes shall be exempt as aforesaid, the exempted portion to be set off by order of county board of education, or boards of trustees of independent school systems, or consolidated school districts.
Acts 1919, p. 331, 1926 Ex. Sess., p. 17.
32-944. Extension work in agriculture and home economics. Powers conferred. Power is conferred hereby upon the county tax levying authorities of the several counties of this state, as well as the county boards of education, to carry on educational work for the promotion of the extension work in agriculture and home economics under the provisions of Act of Congress, approved May 8, 1914 (Barnes' Federal Code, 8413, 8414, 8518, U. S. C. A. Title 7.--Agriculture. Sections 341 to 348), and resolution of the General Assembly of Georgia, under date of August 14, 1914, giving assent of the state to said Act of Congress, by employing county agricultural agents and home demonstration agents and supervising their work, and paying therefor. The board of education of the several counties of this state may employ and pay county agents and home demonstration agents to carry on said extension work.
Acts 1923, p. 88.
32-948. Extra appropriation to common school fund. Equalization fund provided. In addition to the regular appropriation for the support of the public schools, the General Assembly shall provide an equalization fund, which shall be disbursed by the state board of education for the purpose of more nearly equalizing the educational opportunities of the children of the several counties of the state. The state board of education, in its distribution of said equalization fund to county boards of education for the purpose of equalizing educational opportunities as between the several counties, shall take into consideration the possible returns from taxable values for school purposes, the extent to which local tax aid has been utilized, the educational needs, and the local inequalities existing in the several counties. No county or independent system shall share in the equalization fund for any year unless it levies at least five mills for a local tax for its public schools for that year.
Acts 1926 Ex Sess., pp. 39, 40.
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CHAPTER 32-10. COUNTY SUPERINTENDENT OF SCHOOLS.
32-1001. County superintendent substituted for county school commissioner. The office of county superintendent of schools shall be, substituted for the office of county school commissioner.
Acts 1919, p. 349.
32-1002. (1489) Election and term of office. Residents of independent system disqualified to vote. All county superintendents of schools shall be elected by the qualified voters of their respective counties quadrenially on Tuesday after the first Monday in November, for terms of four years beginning on the first day of January following the day of election. Each shall hold office until his successor is elected and qualified: Provided, if there is in any county one or more independent school systems not under the supervision of the county superintendent, the voters of such independent system or systems shall not vote in any primary or election for the county superintendent. But this section shall not disqualify registered, qualified voters residing in the limits of a quasi-independent school district from voting in any primary or election for county superintendent of schools.
Acts 1887, p. 68; 1909, p. 154; 1914, p. 47; 1919, p. 349; 1931, p. 124. Const., Art. XI, Sec. ff, Par. I ( 2-8301.) 172 Ga. 497, 500 (158 S. E. 11).
32-1003. Vacancies, how filled. In the case of a vacancy by death, resignation or removal from office, or from any cause whatever, in the office of county superintendent of schools in any county in this state, the county board of education shall elect a county superintendent of schools for the unexpired term.
Acts 1919, p. 350.
32-1004. Qualifications of county superintendents. Before any person shall be qualified or eligible to the office of county superintendent of schools, he shall have had at least three years' practical experience in teaching, hold a first-grade high school license, or in lieu thereof shall have a diploma from a literary college or normal school, or shall have had five years' experience in the actual supervision of schools, or stand an approved examination before the state board as to his qualifications, be a person of good moral character, never convicted of any crime involving moral turpitude. The county superintendent of schools shall perform all the clerical duties which are now required of the county school commissioner. Before being eligible to qualify for election, .candidates for the position must file at the state department of education a certificate as to qualification under at least one of
41

the four methods prescribed by law. This certificate must be signed by the president of the board of education.
Acts 1919, p. 350.
, 32-1005. Bond. The county superintendent of schools must give bond with an approved surety company payable to the county board of education, the amount to be decided by the board. This bond must be filed with the ordinary and a copy recorded on the ordinary's records; and it shall be the duty of said ordinary to send a certified copy of said superintendent's bond to the state superintendent of schools, which copy shall be recorded and kept on file at the state department of education
Acts 1919, p. 350. 1925, p. 250.
32-1006. Compensation. Each county superintendent of schools within the State of Georgia shall receive a minimum salary of $450.00 per annum, and an annual allowance of $150.00 for the purpose of defraying the expenses of visiting the schools within his county at least every sixty (60) days, or a total of $600.00 which salary shall be paid out of the school funds of Georgia monthly; and in addition thereto, the county board of education shall allow such additional compensation for the services to be rendered as may be in their judgment proper and just.
Acts 1919, p. 350.
32-1007. Oath. Before entering upon the discharge of his official duties the said superintendent shall take and subscribe to the same oath required of the other officers of this state.
Acts 1919, p. 351.
32-1008. Removal from office. Successor. The county superintendent of schools may be removed from office before the expiration of his term by a majority vote of the board of education for 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.
Acts 1919, p. 351. if
32-1009. Duties. The county superintendent of schools shall constitute the medium of communication between the state school superintendent and the subordinate school officers. He shall be the agent of the county board in procuring such school furniture, apparatus, and educational requisites as they may order, and shall see that none but the prescribed text-books are used by the pupils; shall audit all accounts before an application is made
42

to the county board for an order for payment; he shall procure a book in which he shall keep a record of his official acts, which, together with all the books, papers and property appertaining to his office, he shall turn over to his successor. It shall be his duty to enforce all regulations, rules, and instructions of the state superintendent of schools and of the county board of education according to the laws of the.state and the rules and regulations made by the said board of education that are not in conflict with the state laws; and he shall, together with the state supervisors, superintend the county normals and institutes for the teachers of his county, and shall visit every school, both white and colored, within his school district which receives state aid, at least once every sixty (60) days and familiarize himself with the studies taught in said schools, see what advancement is being made by the pupils, advise with the teachers and otherwise aid and assist in the advancement of education.
Acts 1919, p. 351.
32-1010. Examination and suspension of teachers. He shall superintend examinations of all teachers of his county as provided by law. He shall hereafter suspend any teacher under his supervision for non-performance of duty, incompetency, immorality or inefficiency, and for other good and sufficient causes, from which decision the teacher may appeal to the county board of education, and either being dissatisfied with their decision, they can appeal to the state superintendent or from there to the state board of education, the decision of which shall be final.
Acts 1919, p. 352.
32-1011. Seal to be placed upon teacher's license. County superintendents of schools shall place upon all teacher's licenses issued by them the seal of the board of education of the county for which they are superintendents.
Acts 1919, p. 352.
32-1012. Office of superintendent in court house. The county authorities of the different counties of this state shall furnish the county superintendent of schools thereof an office in the court house, provided there is sufficient room in said court house after furnishing the county officers with offices as now provided by law.
Acts 1919, p, 352.
32-1013. Who may administer oaths. The county superintendent of schools and members of the county board of education are authorized to administer oaths necessary in transacting school business or in conducting investigations before the county boards when sitting as judicial tribunals for determining controversies arising under school laws.
Acts 1919, p. 352.
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32-1014. Report of county superintendents. It shall be the duty of the county superintendent of schools to make a report of the school operations of the preceding year to the grand jury, at the spring term of the court, and to place his book before 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.
Acts 1919, p. 353.
32-1017. Local county and municipal systems. None of the provisions of this law shall apply to local county school systems which were in existence at the time of the adoption of the constitution of 1877.
32-1019. Revocation of licenses. The county superintendent of schools 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 school in which he may have been employed to teach; but any teacher so dismissed shall have the right to appeal to the county board of education whose decision shall be final.
Acts 1919, p. 355.
32-1020. Duties of teachers. After legal qualifications through license or certificate, each teacher shall keep an accurate account of the number of pupils entering the school room and the number of days of actual attendance. For this purpose the teacher shall be provided with a register by the local school authorities. Each teacher shall make reports and returns to the county superintendent of schools 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.
Acts 1919, p. 356.
32-1021. Vocational studies; certificates. In vocational agriculture, trade and industrial and home economics education, the certification of teachers is authorized by the state board of education.
Acts 1919, p. 356. 1931, pp. 7, 40.
CHAPTER 32-11. LOCAL TAX FOR PUBLIC SCHOOLS.
32-1101. School districts. It shall be the duty of the county board of education of each county in Georgia to lay off the county into school districts, the lines of which shall be clearly and positively defined by boundaries such as creeks, public roads, land lots, district lines or county lines. The school district thus marked out shall contain an area of not less than sixteen
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square miles, provided, that the board of education may have the right to establish districts with areas less than sixteen square miles where there are natural causes of local conditions that make it necessary to do so. The natural causes which will permit the creation of smaller districts are mountains, streams over which there are no bridges and dangerous roads. Local conditions which will permit the creation of small districts must be determined by the board of education.
Acts 1919, p. 333.
32-1102. Local tax districts across county lines. 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.
Acts 1919, p. 334.
32-1103. Failure to lay off districts. The failure on the parr, of any board of education to perform the duties required by this Chapter 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 said member or members cannot give a good and sufficient reason why they have not performed their duties as required by this Chapter, they shall be discharged, and the said judge shall fill the vacancies until the next grand jury shall meet.
Acts 1919, p. 334.
32-1104. Election of trustees. Within ninety days after tfi3 board of education has laid off the county as required in section 32-1101 or section 32-1102, said board shall order the citizens of the several school districts to hold an election for the purpose of electing three trustees for each district
45

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 hoard 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 superintendent of schools, who shall submit the same to the county board of education for their approval. After the local board of trustees have been approved and properly commissioned by the (ounty board of education it shall meet immediately and organize by electing one of their members president, and one secretary and treasurer. If the county board of education should consider any member or members unqualified for the work, they shall refuse to confirm the 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 written compaint of a majority of the voters of the district, to remove said member and have his successor elected as hereinbefore provided. But no trustee shall be removed from office without sufficient proof, and shall be served with a copy of such complaint at least ten days prior to the day set for the hearing, when such trustee shall be afforded an opportunity to be heard in his defense.'
Acts 1919, p. 335. 1933, p. 55.
32-1105. Duties of trustees; bond of treasurer. Where trustees are elected, they shall be commissioned by the county superintendent of schools and board of education through certificates furnished by the state superintendent of schools. This certificate shall be the warrant for the trustees to enter upon the performance of the duties of their 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 recommend to the county superintendent of schools and board of education desirable applicants for positions as teachers; to aid the county educational authorities in keeping the school supplied with fuel, water, and proper sanitary necessities, and in keeping the schoolhouse and grounds in good condition and equipped for good work; to make a written report once a year, and oftener if necessary, to the county board of
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education, and in addition the trustee appointed as treasurer shall keep an accurate account of moneys received and paid out, in a substantially-bound book, and submit a report each year to the county superintendent and the State 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.
Acts 1919, p. 336; 1931, pp. 7, 40.
32-1106. Local tax election for county. Whenever the citizens of any county wish to supplement the public school fund received from the state by levying a tax upon the 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 result, 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 moneys collected
for the schools once a month: Provided, that if there be an incorporated town in a county holding an election as provided in this section now operating a public school system, it 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 Chapter. This section shall
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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.
Acts 1919, p. 337.
32-1107. Election expenses. 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 by the preceding section shall be paid by the county and shall not be taken from the common or public school fund.
Acts 1919, p. 338.
32-1108. Election for school districts. Whenever the citizens of anv school district wish to supplement the funds received from the state public school fund by levying a tax for educational purposes, they shall present a petition from one-fourth of the qualified voters of the district to the ordinary who shall order the election not earlier than twenty days nor later than sixty days after the petition is received; provided, that notice of same shall be posted in at least three conspicuous places in the district ten days prior to the election. The election shall be held at a time and place prescribed by 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 Xo 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.
Acts 1919, p. 338.
32-1109. Local tax election for municipalities. 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 tor 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 hast 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 con spicuous places within the municipality ten days prior to the election. Those favoring local taxation for public schools shall have written or printed on thei r
48

ballot "For local taxation for public schools," and those opposed shall have written or printed on their ballots "Against local taxation for public schools." The returns of such election shall be made and the result declared, as prescribed for other elections in and for the municipality. Two-thirds of those voting shall be necessary to carry the election for local taxation. An election for the purpose herein named shall not be held oftener than once every twelve months.
Acts 1919, p. 339.
32-1110. Election to repeal. An election for repealing the local tax law provided for in this Chapter when the same has been established for over three years shall be called as in the first instance. And if abolished by vote under similar regulations as in the first instance, no new election for recreating same shall be called within one year. If not abolished by vote, no election for the same purpose shall be called within one year; provided, that in the event such election is favorable to the repealing of the local tax as aforesaid, the then existing board of trustees of such district or county shall be empowered, authorized and directed to continue to levy and collect tax in such district or county to meet all of the then existing legal obligations and the indebtedness of such district and county to pay off the same.
Acts 1919, p. 339.
32-1111. Local school systems. Authority is given by the constitution to municipalities to establish and maintain public or common schools in their respective limits by local taxation. It is not in accordance with the laws of this state to incorporate a school district and mark off a town inside of it, the town to exercise all the municipal functions and the school district none. It shall not be legal to establish the form of a municipal corporation in a rural district with practically no other powers nor purposes than the local control and management of the schools of that territory.
Acts 1919, p. 340.
32-1112. School systems in cities and towns. Nothing in this Chapter shall be so construed as to prevent any city with a population greater than two thousand inhabitants, or any county or town from organizing under the authority of the General Assembly of this state, a public school system independent of this system, or to prevent said organization from drawing its pro rata share of all educational funds raised by the state: Provided, the chief executive officer of such independent organization shall make the same regular reports to the state school superintendent as are required from county superintendents by this Chapter. Nothing contained in this Chapter shall be construed to annul or repeal any local law now of force in any city or county in this state providing for the organization and maintenance of the common or public schools in such city or county.
Acts 1919, p. 340.
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32-1113. Trustees and secretary; powers and duties. In those districts which levy a local tax for educational purposes, the board of trustees shall make all rules and regulations to govern the schools of the districts, and build and equip schoolhouses under the approval of the county board of'education. They shall have the right and power to use the schoolhouses and school properties in the district or permit the same to be used for educational purposes: Provided, the use of the schoolhouses and school properties in no way conflicts with the public school or schools in the district. They shall have the right to fix the rate of tuition for non-resident pupils, and to fix the salaries of the teachers. They shall receive from the county board of education the share of public-school funds apportioned to the district by the county board of education. They shall determine the amount necessary to be raised by local tax on all the property of the district. The secretary of the board of trustees of said district, with the aid of the county superintendent of schools of said county, shall ascertain from the tax returns made to the taxreceiver, and from the returns made to the comptroller-general, the total value of all the property in said district subject to taxation for county purposes, and a regular digest of all such property in said district shall be made by said secretary in a book furnished by the board of trustees and kept for that purpose. At or before the time of fixing the rate of taxation for said county, the secretary of each local board of trustees, with the aid of the county superintendent of schools, shall levy such rate on the property thus found as will raise the total amount to be collected: Provided, that such rate shall not exceed one-half of one per cent. The county superintendent of schools of each county, at or before the time for fixing the rate of said county by the ordinary thereof, or the county board of commissioners, as the case may be, shall certify to the said ordinary, or said board of commissioners as the case may be, and to the comptroller-general of the state the rate of taxation fixed for each school district in the county, and said taxing authority of said county shall levy such special tax at the same time and in the same manner as is now prescribed for levying taxes for county purposes. A copy of the special tax digest of said local tax district shall be furnished by the secretary of the local board of trustees to the tax-collector of the county.
Acts 1919, p. 341. 1925, p. 87.
32-1114. Tax collector, duties of. 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 other corporations that make their returns to the comptroller-general taking the receipt for the same upon order from the county superintendent of schools, and said tax collector shall receive as com pensation thereof two and one-half per cent, of the amount collected up to eighteen thousand ($18,000.00)- dollars and one and one-fourth per cent, on any additional amount collected.
Acts 1919, p. 342.
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32-1115. Tax returns of citizens. In any case in which it is impossible to determine from tax returns made to the tax receiver of the county the value of the property of any citizen situated in any school district and subject to taxation in said district, the secretary of the board of trustees shall issue a summons to said tax payer requiring him to make returns within five days to said secretary of his property situated in said district and subject to taxation for school purposes. Should said return be unsatisfactory to said secretary, he shall reject the same and submit said returns to arbitration as is now provided by law for such cases when returns are rejected by tax receivers.
Acts 1919, p. 342.
32-1116. Corporate property subject to taxation. All property, both real and personal including franchises belonging to railroads, telegraph and telephone companies and to all other corporations which are now required to make their returns to the comptroller-general of this state, which is in the taxable limit of any school district shall be, and the same is hereby made subject to taxation by said school district as fully and completely as is the property of the other corporations within such taxable limits.
Acts 1919, p. 342.
32-1117. Returns of corporate property and distribution for taxation. It is the duty of every such corporation in this state, in addition to the facts now required to be performed in their returns to the comptrollergeneral 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 to each such corporation, information as to the boundaries of each school district in which such corporation may have property such as will enable such corporation to determine the amount of its property in such district, and he shall also furnish similar information whenever the boundaries of any school district may be changed.
The rolling-stock, franchises and other personal property of said corporations shall be distributed to said school districts on the same basis that rolling-stock, franchises and other personal property are distributed to counties and municipalities under the law; that is, at the value of the property located in the particular district is to the whole located property, real and personal of said corporation such shall be the amount of rolling-stock, franchises, and other personal property to be distributed for taxing purposes to each school district.
Acts 1919, p. 342.
32-1118. Other provisions made applicable. All of the other provisions of Chapter 92-27, so far as they can be applied are applisable to the assessment and collection of taxes of all such companies and corporations
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which are now required by law to make their returns to the comptrollergeneral by and for school districts in this state upon the property and franchises of such companies located in such school districts and upon the rollingstock, franchises and other personal property distributed under the provisions of this Chapter. The board of education must exercise supervision over the local tax as well as the other districts under its jurisdiction and is authorized to distribute and apportion the public or common school fund to the different school districts of the county either on the salary basis of the teachers, or else according to enrollment or allowance, as may be for the best interest of the district and county as a whole.
Acts 1919, p. 343.
32-1119 Secretary and treasurer, reports by, and compensation of. The board of trustees may have the right to pay the secretary and treasurer a commission on the amount of local tax collected not to exceed two and one-half per cent., but there shall be no commission allowed on the amount received from the state. They shall furnish quarterly to the county board of education a statement showing all receipts, disbursements and cash on hand. They shall also furnish statements showing the school population enrollment, average attendance, course of study and other data the county board of education may require whenever called upon to do so.
Acts 1919, p. 344.
32-1120. Bond of treasurer. It shall be the duty of the treasurer or the secretary and treasurer of any board of trustees" of a public school receiving money raised by local taxations for public schools, to make a good and sufficient bond for the faithful performance of his duties, payable to the county board of education in a sum not less than double the amount of money likely to be received by him during his term of office, the amount and sufficiency of said bond to be judged by the county board of education, which amount may be increased in the discretion of the county board of education.
Acts 1919, p. 344.
32-1121. Failure to give bond. In the event the treasurer or secretary and treasurer as aforesaid, shall fail to make the bond as required in section 32-1120, then and in that event, any money raised by local taxation for public schools or otherwise, which under the laws should have been paid over to the treasurer or the secretary and treasurer, shall be paid over to the county board of education to be by them paid out on the order of the board of trustees of such school district in the manner other moneys are paid out by them.
Acts 1919, p. 344.
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32-1122. Method of disbursement. The treasurer or secretary and treasurer as aforesaid shall not pay out any money as held in his hands, except upon the order of the board of trustees, signed by the president or chairman, 'of which he is treasurer or secretary and treasurer. He shall further in all cases take a receipt for all moneys expended or paid out which shall be attached to the order for same, which when properly done, shall constitute a proper voucher for the money thus paid out.
Acts 1919, p. 344.
32-1123. Audit of books and accounts of treasurer. The treasurer or the secretary and treasurer as aforesaid, shall keep an accurate account of all money received and paid out by him in a substantially bound book, which, together with all vouchers, shall be submitted once each year to the county 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.
Acts 1919, p. 345.
32-1124. Application of this law. The provisions of this law shall apply to all school districts which have adopted or may adopt local taxation for public schools under the district plan as provided under this code. This law shall not apply to any municipal system of schools in this state.
Acts 1919, p. 345.
32-1125. Elections, how governed. All elections held under the provisions of this Chapter shall be governed as to registration and qualification of voters as the general laws governing special elections provide.
Acts 1919, p. 345. See Park's Ann. Code, 1544.
32-1126. General school laws to be observed. While it is the purpose and spirit of this Chapter to encourage individual action and local selfhelp upon the part of the school districts, it is expressly understood that the general school laws of this state as administered by the county board of education shall be observed.
Acts 1919, p. 345.
32-1127. Power to levy and collect taxes. Power is hereby delegated to, and conferred upon, the several counties of this state to levy and collect taxes for educational purposes in such amounts as the county authorities shall determine, the same to be appropriated to the use of the county board of education, and the educational work directed by them.
Acts 1922, pp. 81, 82.
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32-1128 Additional tax levy election. Conduct. Whenever the voters in a county, municipality, school district, or in an independent local system, desire to hold an election in pursuance of paragraph 1, section 4 article 8 of the Constitution of the State of Georgia, to determine whether a levy for public school taxes shall be made additional to the levy of the maximum tax of five (5) mills on the dollar allowed by said constitutional provision to be made on the recommendation of boards of education without an election, such election shall be called, held and the result declared for counties in the manner prescribed in section 32-1106 and for school districts and independent local systems in the manner prescribed in section 32-1108, and for municipalities in the manner prescribed in section 32-1109.
Acts 1922, p. 153.
32-1129. Additional tax to be specified. Successive elections. 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.
Acts 1922, p. 154.
32-1130. Levy of tax. If the" election is carried for the levy of such additional taxes for the county, such additional tax shall be levied in the manner specified in section 32-1106.
Acts 1922, p. 154.
32-1131. Election to repeal. An election for repealing the additional tax levied in pursuance of an election held as above may be had under the conditions prescribed by and in conformity with section 32-1110.
Acts 1922, p. 154.
32-1132. Board of trustees of local school district authorized to borrow to pay teachers for current year. The board of trustees of any local school district levying a local school tax shall have authority to borrow money in amounts not to exceed the local tax collected on property within the district during any current year, said fund or funds borrowed to be used only for purpose of paying teachers for the current year, and not for a longer period than twelve months.
Acts 1926, Ex. Sess., p. 38
32-1133. Resolution to borrow to be recorded in minute-book of trustees. In order for any board of trustees of any local school district to borrow money for the purpose hereinbefore stated, there shall be passed by said board of trustees a resolution authorizing said money to be borrowed,
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in which resolution shall be stated the amount of money to be borrowed, the length of time the same is to be used, the rate of interest to be paid, and for what purpose borrowed, and from whom the same is to be borrowed; which resolution shall be by the secretary of said board of trustees recorded in the minute-book of said board of trustees, and a copy of said resolution forwarded to the county superintendent of schools.
Acts 1926, Ex. Sess., p. 38.
32-1134. Chairman of board of trustees with secretary to execute notes for loan. After the resolution aforesaid has been passed, the chairman of said board of trustees together with the secretary, shall have the right to execute the note, or notes, in the name of said board of trustees of said local school district for any money that it is authorized to borrow under the resolution passed by said board.
Acts 1926, Ex. Sess., pp. 38, 39.
32-1135. Period of loan. Repayment. No money shall be borrowed for a longer time than is necessary, and the same shall be paid back out of any funds coming into the hands of said board of trustees from local district tax collected on property within said district.
Acts 1926, Ex. Sess., pp. 38, 39.
CHAPTER 32-12. MERGER OF INDEPENDENT SCHOOL SYSTEMS.
32-1201. Municipality or independent school district authorized to repeal special school law. Procedure, etc. Whenever the citizens of municipality or independent school districts authorized by law to establish and maintain a system of schools by local taxation, in whole or in part, and which is operating a system of public schools independent of the countyschool system, wish to annul their special school law and become a part of the county-school system, they shall present and file with the mayor or chief executive officer of the city a petition signed by one-fourth of the qualified voters of their territory, and said mayor or chief executive officer shall then within not less than twenty days and not more than sixty days thereafter call an election. Notice of such an election shall be published once a week for two weeks in the paper in which the sheriff of the county publishes his advertisements, and posted at three public places within the territory concerned, at least ten days prior to such election. The election shall be held at the place and in the manner of usual elections. Those favoring the repeal of the independent local law shall have written or printed on their ballots "For Repeal," and those against repealing their independent local law shall have written or printed on their ballots 'Against Repeal." The returns of said election shall be made to the mayor or chief executive officer, who shall de-
55

clare the result, and a majority of those voting shall be necessary to carry the election. Only qualified voters residing within the municipality or district for six months prior to the election shall vote. An election shall not be held for the same purpose oftener than every twelve months.
Acts 1926, Ex. Sess., p. 40.
32-1202. Proceedings after election. When the results of said election are declared and published in favor of repealing such independent school system, making the territory included in said system thereby to become a part of the county-school system, said independent or local school system shall continue to function under its local laws, organizations, and regulations until the county board of education shall arrange for the operation by them of such school or schools within said local system as a part of their publicschool system.
Acts 1926, Ex. Sess., p. 40.
32-1203. Territory formerly included constitutes school district. Where any local or independent system is repealed by and in the same manner provided in sections 32-1201 and 32-1202, the territory formerly included in such independent system shall become and constitute a school district of the county in which it is located, and shall enjoy the same privileges and shall be governed by the same laws as other school districts in said county, including the authority to levy local taxes for school purposes; provided that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts.
Acts 1926, Ex. Sess., p. 40.
CHAPTER 32-13. PAYMENT OF TEACHERS.
32-1301. Governor's authority to make debt to pay teachers. Pursuant to the amendment to article 7, section 3, paragraph 1 ( 2-5101) of the constitution of this state, authorizing the contraction by or on behalf of the state of a debt in an amount of $3,500,000.00 for the purpose of paying the public-school teachers of the state, the governor is hereby authorized and empowered to execute a note or notes for such amount and for such time of payment as the condition of the treasury may demand, at any time in his discretion, for the purpose of paying the public-school teachers of the state. The aggregate of said note or notes shall not at any time exceed the aforesaid constitutional limit, and said note or notes shall not mature later than February of the year succeeding the time of the execution thereof, and the principal amount so borrowed shall be repaid each year out of the common-school appropriation, and the interest thereon shall be paid each year out of the
56

general funds of the state, accrued during the year of issue of said notes. Sai notes shall be signed by the governor and countersigned by the comptrollergeneral and secretary of state.
Acts 1927, p. 168.
32-1302. Authority to use funds allocated from special funds to pay teachers. The governor is further authorized and empowered, at any time in his discretion, to impress, use, and employ for the payment of publicschool teachers of the state, and without payment of interest thereon, any funds in the treasury which may have been allocated for any special fund or purpose, so as to obviate the necessity of increasing the public debt of the state and the payment of interest. Provided, however, that it shall be the duty of the governor, when any fund shall be so used to replace said fund or funds by borrowing the same, if necessary, at such time as will not interfere with the expenditure for the purpose appropriated of any special or allocated fund or funds so drawn upon by the governor by virtue of the authority granted in this Chapter.
Acts 1927, p. 168.
32-1303. Limit of authority. The governor shall not during any calendar year impress, use, or employ any funds in the treasury allocated or belonging to any special fund or purpose in excess of the borrowing power of the governor under this Chapter.
Acts 1927, p. 168.
CHAPTER 32-14. BUILDING SCHOOL HOUSES IN LOCAL TAX DISTRICTS.
32-1401. Election for bonds to build and equip schoolhouses in school districts. When one-fourth of the registered qualified voters of a school district or consolidated district, 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 file with the board of trustees of such a school district or consolidated district 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 schoolhouse or schoolhouses for said school district or consolidated district, the required number of petitioners to be determined by the said board of trustees, it shall be the duty of said board of trustees 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, in case the election is for a bond issue, shall follow the law as required of county authorities as embodied in section 87-201 et seq., in the issue thereof. Said board of trustees may order such election to be held on the school site or other suitable
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place in the school district or consolidated district, of which they shall give notice by posting same at three public places in said school district or consolidated district not less than 10 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 school district or consolidated district to the managers of the election 10 days before such election is held. The ballots cast shall have written or printed thereon "For sehoolhouse," or "Against schoolhouse." The ballots east and the voting list shall be lodged with the board of trustees, who shall declare the result. Said board of trustees or a majority of them shall be the election managers, and if for any reason they fail to act, any three free-holders of the school district or consolidated district may qualify and act. The board of education shall have nothing to do with the location of the school site in local districts except on appeal.
Acts 1919, p. 345: 1921, pp. 221, 223.
32-1402. Proceeds of bonds, how held and used. Should bonds be issued and sold, the proceeds shall be turned over to the board of trustees in trust for the purpose of erecting a school building or buildings or purchasing buildings already erected which said board of trustees may deem suitable. Said board of trustees 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 any member thereof for service. For the purpose of taking care of and paying the principal and interest of these bonds, the board of trustees shall recommend, and the board of county commissioners or the ordinary, as the case may be, shall levy upon the property subject to taxation in the district, 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.
Acts 1919, p. 347. 1925, p. 251.
32-1403. Bond election. Tax to pay expenses of bonds. In all counties of this state in which a local tax is now, or may hereafter be levied for school purposes, throughout the entire county, or throughout the entire county except that part embraced within the incorporated limits of a municipality or municipalities, when one-fourth of the registered qualified voters of such territory shall file with the board of education of such county, a petition asking for an election for the purpose of determining whether or not 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
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buildings to be used for such purposes, or for the purpose of purchasing a site and erecting school 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 as herein otherwise provided. Said board of education shall order such election to be held at the various polling places throughout the county or throughout the territory to be affected of which they shall give notice by publication thereof once a week for four (4) weeks previous to said election in the newspaper in which the legal advertisements of said county are published. None but registered qualified voters residing within the territory to 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 (10) days previous to said election and after the same has been purged by the board of registrars, as now provided by law in cases of special elections. The ballots cast shall have written or printed thereon "For school house bonds" or "Against school house bonds." The managers of the election, including such clerks as may be necessary, shall be appointed by the ordinary. The polls shall remain open during the hours as now fixed by law for general elections; the returns of the election, including all ballots cast, tally sheets, voters lists and other papers relating to the election shall be made to the ordinary, who shall on the day following said election consolidate the vote and declare the result. In the event that two-thirds of the votes cast at such election shall be in favor of "school house bonds," and such two-thirds is also a majority of all of the voters qualified to vote in said election, then the bonds shall be issued and sold, under all of the regulations now provided 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 sites or sites and buildings, and add the proceeds of the sale of any such property to the proceeds from the sale of the bonds, and all to be held in trust for the purposes aforesaid, and no compensation or commission shall be paid to said board of education nor any member thereof for services rendered in this respect. The county authorities, in levying and assessing taxes for the purpose of paying the interest and returning and paying off of said bonds shall, in the event that the entire county is not embraced within the area, or territory in which said election is held, levy and assess such taxes only against the property located within the area or territory within which said election is held. For the purpose of taking care of and paying the principal and interest of these bonds for district, consolidated district, or county, the board of education shall recommend and the board of county commissioners, or ordinary, as the case may be, shall levy upon the property subject to taxation in the school district, consolidated district, or county, as the case may be,
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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.
Acts 1919, p. 347. 1921, pp. 221, 225.
32-1404. High schools; joint building and maintenance. Counties and municipalities located therein (having independent school systems supported in whole or in part by local taxation) may contract with each other 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 municipalities.
Acts 1923, pp. 98, 99.
32-1405. Contract for joint building of high school; approval and confirmation. The contract provided for in the preceding section shall be entered into, in the first instance, by the city board of education and county board of education, or by other authorities by whatever name called, having charge of the educational affairs of the city and county, respectively, upon such terms and conditions as may be agreed on, and shall then be approved and confirmed by the mayor and council and board of county commissioners, or other authorities by whatever name called, having charge of the fiscal affairs of the city and county, respectively.
Acts 1923, p. 99.
32-1406. Bonds for joint building and maintenance of high school. When the contract has been made and approved, as provided in the two preceding sections, then the authorities of the county and municipality having charge of their fiscal affairs may issue bonds for their proportion of the cost of such buildings, as agreed on, in the manner provided by law for the issuance of bonds by a county or municipality; and the call for election shall provide that if the other contracting party shall fail to carry an election for bonds, for the same purpose, the election for bonds provided for in the call, even if carried, shall not be effective and that all previous acts in connection with the issuance of said bonds shall, in such event, be void and of no effect.
Acts 1923, p. 99.
32-1407. Levy of taxes to pay bonds, etc. When an election for the bonds provided for in the preceding section has been carried as provided bylaw, then the county and municipal authorities may thereafter each levy a
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tax sufficient to pay the principal and interest of such bonds, issued by each party, and the cost of maintenance of such building, in addition to any other taxes they are now authorized by law to levy.
Acts 1923, p. 100.
32-1408. Exclusiveness of preceding sections as to building high schools. The provisions of sections 32-1404 to 32-1407 shall not be construed to be the exclusive means for the building of high school buildings but the provisions of said section shall be construed to be permissive and cumulative to any other means now or hereafter provided by law.
Acts 1923, p. 100.
CHAPTER 32-15. SPECIAL DAYS.
32-1503. Observance of special days. The county and local boards of education shall see that the following days are observed either by holidays or appropriate exercises and it shall be the duty of the state superintendent of schools to arrange programs for the proper observance of these occasions, and of the superintendent and teachers to direct the attention of the pupils to these dates and topics by practical exercises:
1. Thanksgiving Day, last Thursday in November. 2. Uncle Remus Day, December 9. 3. Lee's Birthday, January 19. 4. Georgia Day, February 12. 5. Washington's Birthday, February 22. 6. Arbor and Bird Day, first Friday in December. 7. Memorial Day, April 26.
Acts 1919, p. 356.
32-1504. Temperance Day designated, programs in schools. The fourth Friday in March of each year, being the nearest Friday to March 28th, the date upon which prohibition went into effect, shall be designated and known as Temperance Day in the public schools of this state.
On Temperance Day at least two hours shall be devoted in the public schools of this state to a program, which shall be educational in nature, teaching the good of temperance and prohibition, and the evils of intemperance and disobedience to law.
Acts 1922, pp. 183, 184.
CHAPTER 32-16. ENUMERATION OF SCHOOL CHILDREN.
32-1601. Enumeration of school children. It shall be the duty of the county and city boards of education to cause an enumeration of the
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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.
Acts 1919, p. 318.
32-1602. How enumeration is to be taken. The different county or city boards shall employ one or more competent, reliable persons to take the enumeration in their respective jurisdictions, and the persons so employed 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 Chapter, the form of oath to be prescribed by the state school superintendent. Nothing herein contained shall be construed to prevent the county boards from employing the county superintendent of schools to do the work contemplated in this Chapter.
Acts 1919, p. 318.
32-1603. New enumeration. The state board of education is hereby empowered to order at once a new enumeration when they are in doubt as to the accuracy of the return made from any county or city; but the enumerators first making 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.
Acts 1919, p. 319.
CHAPTER 32-17. INSTRUCTIONS IN ANIMAL, BIRD, AND FISH LIFE.
32-1701. Purposes of Chapter. The purposes of this Chapter are, lessening crime and raising the standard of good citizenship and inculcating in the minds of the children of this state a spirit of thrift, economy, and kindness therefor, by including in the curriculum of all public schools in the State of Georgia a course of training to teach, promote, and encourage the conservation and protection of birds, animals, fish, forest, and any and all other forms of useful wild life.
Acts 1929, p. 188.
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32-1702. Public school instruction in bird, animal, fish, forest life, etc. In every public school of this state a period of not less than twenty-five minutes of each week during the entire school term shall be devoted to teaching the pupils thereof the practical value of conserving and protecting birds, animals, fish, forest, and other forms of wild life; also the humane treatment and protection of our domestic birds and animals, as well as the part they fulfill in the economy of nature. It may be optional with the teacher whether this period shall be a consecutive twenty-five minutes or be divided into shorter periods during the week; and it shall also be within the discretion of the teacher as to the method of instruction to be employed. The instruction herein prescribed shall constitute a definite purpose of the curriculum of study in all the public schools of this state.
Acts 1929, p. 188.
32-1703. Certification by teachers. Each and every teacher in the schools of this state shall certify in his or her reports that the instruction provided for has been in accordance with the provisions of this Chapter.
Acts 1929, p. 188.
CHAPTER 32-18. HEALTH.
32-1801. Regulations by county boards. The county and municipal boards of health of the several counties shall have full power and authority to adopt, enact, establish, and maintain all such rules and regulations, not inconsistent with the laws and constitution of this state, and of the United States, as they may deem necessary and proper for protecting the health of their respective counties or municipalities, and for preventing the introduction, generation, and spread of infectious and contagious diseases therein: Provided, that such rules and regulations shall not apply to any incorporated city or town of this state.
Acts 1919, p. 356.
32-1802. Isolation and quarantine in infectious diseases. 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. The isolation of patients and duration of quarantine in infectious diseases shall be as follows:
Diphtheria or membraneous croup: For the. patient. Isolation for 21 days from persons and domestic animals, and disinfection of premises. For persons associated with or in the house with the patient: adults,
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quarantine until after death or recovery of patient and disinfection of premises; children, quarantine for seven days after disinfection of premises. The length of quarantine should be enforced whether anti-toxins are or are not used.
Scarlet fever (scarletena, scarlet rash, roseola): Isolation of patient and quarantine of children associated with, or in the house with the patient, for ten (10) days after complete desquamation or scaling of patient and disinfection of premises.
Small pox: For the patient: Isolation until after all crust or scales have fallen off, and the disinfection of patient's body and the premises. 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.
Acts 1919, p. 357.
CHAPTER 32-19. PHYSICAL EDUCATION AND TRAINING.
32-1901. Course prescribed. Manual. 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 when said course 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 cooperation with the state board of health and state board of education of Georgia, and such expert advisers as they may choose. Said manual when published shall be sent by said state board of education to the teachers of the common schools in the State of Georgia.
Acts 1920, pp. 232, 233.
32-1902. Courses in normal schools. The curriculum of all state normal schools of Georgia and of all other institutions in the state supported wholly or in part by public funds having special courses adopted for the
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preparation of teachers, shall contain one or more courses in physical education and each person graduating from a teachers' course in any of these institutions shall have completed one or more courses in physical education.
Acts 1920, p. 233.
32-1903. Special teachers. County boards of education, and boards of education of cities and of graded common school districts may employ supervision and special teachers of physical education in the same manner as other teachers are employed, provided they possess such qualifications as the state board of education may prescribe. Boards of education of two or more school districts, city, graded school, or county, may jointly employ a supervisor or special teacher of physical education. Boards of education may allow the use of school buildings or school grounds after the regular school hours and during vacation as community centers for the promotion of play and other healthful forms of recreation, under such rules and regulations as to them seem proper.
Acts 1920, p. 233.
CHAPTER 32-20. FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST.
32-2001. Payments for maintenance of schools operated in buildings without fire escapes, etc. It shall be illegal for any county superintendent, school treasurer, or other disbursing officer, to pay out any money for the maintenance of any public school while operated in a schoolhouse of two or more stories not provided with ample means of escape from fire or stampedes from other causes, as prescribed in sections 32-2003 and 32-2004.
Acts 1923, pp. 88, 89.
32-2002. Inspection and report by county superintendent or by president of board of education. No county board of education of this state shall pay out any funds for maintenance of the public schools in their respective counties until said board shall have required and caused the county school superintendent to make an inspection of the school buildings of said county and file his report of said inspections with the several county boards of education that the requirements of this law as to fire escapes and safety as prescribed in sections 32-2003 and 32-2004 have been fully complied with: Provided, however, that in incorporated towns and cities owning and maintaining school buildings, said inspection and report shall be made and filed by the president of the board of education or chairman of the board of trustees or other school authorities in said towns or cities.
Acts 1923, p. 89.
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S 32-2003. Minimum safety requirements; escapes on both sides of building. Minimum requirements for safety as required in this law shall consist of easy means of exit from not less than two opposite sides of the school building, and, further, all hall doors shall open outward, and where in cases of old buildings there ia only one stairway, there must lie provided before the Bchool can be legally operated another stairway for exit on the opposite side of the building, or a safe ladder securely fastened to the budding and extending from one or more windows on the side of the building opposite the stairway and reaching to within six feet of the ground.
Acts 1923, p. 89.
It shall lie the duty of the boards of trustees, boards of education or such other boards, commissions or persons as may be vested with authority and control over the operation of public schools, colleges or other educational institutions wilim this State, to cause to be erected adequate fire escapee at each end and on the outside of all scl 1, college or educational buildings of any character which are more than one story in height including dormitories for the housing of students of such institutions, said fire escapes to be at least three feet in width, to be securely fastened to the outside walls of said buildings, and to reach within six feet of the ground.
The cost of the erection of said fire escapes shall be paid out of the funds allocated to the school authorities by the State Hoard of Education for the operation and maintenance of public schools or State educational institutions, and upon the failure of the officials of any such school or institution to erect -aid lire escapes as provided herein, it shall lie the duty of the State Superintendent of Schools to withhold from such school or institution all funds due it until the provisions hereof shall have been complied with.
Acts L936, p. 375.
32-2004. Defects in heating installation. No public money.- can be legally paid out for the operation of a public school in a house where the stove pipe runs through the side of the building, or through a window, or through the roof without being safely encased in a brick Hue.
Acts 1023, p. 89.
CHAPTER 32-21. COMPULSORY SCHOOL ATTENDANCE.
32-2101. Duty of parent and guardian. Enrollment and attendance of child. Excuse of absences. 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 us hereinafter provided, shall cause the said child to be enrolled in and to attend continuously for six months
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ei ch year a public school of the district or of the city or town in which the Id resides; which period of attendance shall commence at the beginning of
e first term of said school in the year. Such attendance at a public school hall not be required where the child attends for the same period some other cbool giving instruction in the ordinary branches of English education, or has completed the seventh grade of school work as prescribed by the state board of education, or where, for good reasons, the sufficiency of which shall be determined by the board of education of the county or of the city or town in which the child resides, the said board excuses temporarily the child from such attendance, such boards being authorized to take into consideration the seasons for agricultural labor and the need for such labor, in exercising their discretion as to the time for which children in farming districts shall be excused, provided, that no guardian shall be compelled to send such child or children to school out of any other than the funds belonging to the ward or wards. Temporary absence of any child enrolled as a pupil may be excused by the principal or tea. her in charge of the school, because of bad weather, sickness, death in the child's family, or other reasonable cause.
Acts 1919, p. 358.
32-2102. Duties of board of education and teachers. It shall be the duty of the county and municipal boards of education to investigate as to the attendance and non-attendance of children required by this Chapter to attend the schools under their supervision, and it shall also be their duty to institute or cause to be instituted prosecutions against persons violating this Chapter. 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 th( rein excused absences and the reasons therefor.
Acts 1919, p. SCO.
32-2103. Attendance officer. Each county and municipal board of education shall employ an attendance officer whose duty it shall be to report to the board of education failure of attendance on the part of pupils between the ages of eight and fourteen years. For t his service these officials shall be paid not less than one dollar nor more than three dollars per day during the time employed, and said payment shall be paid, so far as possible, from the fines collected. The balance due shall be paid from the school funds of the county or local system. Any board or local school system failing to comply with this law for attendance officer shall not be entitled to receive funds from the state treasury until it is shown that said attendance officer has been appointed and has entered upon his duties.
Acts 1919, p. 360.
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VOCATIONAL EDUCATION.
CHAPTER 32-22. VOCATIONAL EDUCATION.
32-2201. Acceptance of provisions of Act of Congress. 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 cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure, and for other purposes, and the provisions of said act as set forth in sections 1, 2, 3, and 4 of said act and the provisions thereunder and appropriations therefor to be used according to and as provided in said act.
Acts 1919, p. 361.
32-2202. Duties of State Board of Education as to vocational education. The state board of education, in offsetting the Federal appropriation is directed to take advantage of whatever appropriation the State of Georgia makes to local schools, municipal and county, district agriculture school, normal schools and the teacher training 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 vocational character. To make up any deficiencies that may occur, said board is empowered to use each year so far as may be necessary, an amount equal to one-half of the Federal appropriation from any funds not otherwise appropriated in the state treasury. So far as possible said board shall encourage municipal and county educational boards to meet the conditions and secure advantages of this Federal appropriation.
Acts 1919, p. 362. 1931, pp. 7, 40.
32-2203. Custodian of funds. The state treasurer is hereby made the custodian of any and all moneys received by the state from the National Government under this Chapter, and it shall be his duty to collect said money and pay out the same upon the order of the State Board of Education, evidenced by its warrant.
Acts 1919, p. 363. 1931, pp. 7, 40.
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32-2'i04. Representing the state, i The state board of education shall have the full power to represent the State in any and all matters in reference to the expenditure, distribution and disbursements received from the United States Government in said state and to 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 ra conformity to its provisions.
Acts 1919, p. 363. 1931, pp. 7, 40.
32-2205. Extension work agents. The boards of education of the several counties of this state may employ and pay agricultural teachers and home economics teachers when employed in the consolidated schools of the counties under provisions of the Vocational Education Act of Congress ot February 23rd, 1917, and this Chapter.
Acts 1922, p. 82.
CHAPTER 32-23. VOCATIONAL REHABILITATION OF DISABLED PERSONS.
32-2301. Provisions of Act of Congress accepted. The State of Georgia does hereby accept the provision of the act of Congress, entitled "An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employments," approved June 2, 1920 (Public 236, 66th Congress), and will observe and comply with all the requirements of such act.
Acts 1920, pp. 279, 280.
32-2302. Money for vocational rehabilitation. The state treasurer is hereby designated and appointed custodian of all moneys received by the state from appropriations made by the Congress of the United States for the vocational rehabilitation of persons disabled in industry, or otherwise, and is authorized to receive and provide for the proper custody of the same and to make disbursement therefrom upon the requisition of the state board of education.
Acts 1920, p. 280. 1931, pp. 7, 40.
32-2303. State board. Duties. The State Board of Education is hereby designated as the state board for the purpose of cooperating 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 cooperate with said Federal board in the administration of said act of Congress; to administer any legisla-
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Mon pursuant thereto enacted by the State of Georgia; to prescribe and provide such courses of vocational training as may be necessary for the vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment; to provide for the supervision of such training, and to direct the disbursement and administer the use of all funds provided by the Federal Government of this state for the vocational rehabilitation of such persons; and to do all things necessary to insure the vocational rehabilitation of persons within the state disabled in industry and otherwise.
Acts 1920, p. 280. 1931, pp. 7, 40.
32-2304. Gifts and donations. The state board of education is hereby authorized and empowered to receive such gifts and donations from either public or private sources as may be offered unconditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise as in the judgment of the said state board are proper and consistent with the provisions of this Chapter. All the moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a permanent fund to be called the special fund for the vocational rehabilitation of disabled persons, to be used by the said board in carrying out the provisions of this Chapter, or for purposes related thereto. A full report of all gifts and donations offered and accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted annually to the governor of the state by said state board.
Acts 1920, p. 281.
32-2305. Annual appropriation. There shall be appropriated for the purpose of carrying out the provisions of this Chapter a sum of money available for each fiscal year not less than the maximum sum which may be allotted to the state under the provisions of the said Federal Article.
Acts 1920, p. 281.
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ILLITERACY.
CHAPTER 32-24. DUTIES, ETC., OF STATE BOARD OF EDUCATION REGARDING ILLITERACY.
32-2401. Duties; reports; authority to use funds, etc. It shall be the duty of the State Board of Education and it shall have the power to make researches, collect data and statistics, and procure surveys of any and all communities, districts or vicinities of the state, looking to the obtaining of a more detailed, definite and particular knowledge as to the true conditions of the state with regard to its adult illiteracy, and report regularly the results of its labors to the General Assembly; and to interest persons and institutions in the dispensation of any and all funds and endowments of whatsoever kind which will or may aid in the elimination of the adult illiteracy of the state, and to do or perform any other act which in their discretion will contribute to the elimination of the state's adult illiteracy by means of education, instruction and enlightenment; and said board shall be empowered to receive, accept, hold, own, distribute and expend, to the end of educating, instructing, enlightening and assisting in the education, instruction and enl ghtenment of illiterate persons in the State of Georgia, any and all funds or other things of value with which it may be endowed or may otherwise receive; and in the expenditure and disbursement thereof said board shall be controlled by such expedient and discreet regulations as it may from time to time adopt; provided, however, that any and all such funds which may come to the hands of said board shall be expended in keeping with the general purposes of this Chapter.
Acts 1919, p. 255. 1931, pp. 7, 40.
32-2402. Rules and regulations. The State Board of Education shall adopt such rules and regulations as may seem expedient to it for the carrying on of its business in regard to adult illiteracy, in the manner which shall seem to its most systematic and satisfactory.
Acts 1919, p. 255. 1931, pp. 7, 40.
CHAPTER 32-25. SCHOOLS FOR ILLITERATE ADULTS.
32-2501. Schools authorized. The county commissioners of this state, or the ordinaries of such counties as have no commissioners, shall have' and they are hereby given, authority in their discretion to provide for the carrying on in their respective counties of schools for instructing adult illiterates in the elementary branches of an English education only.
Acts 1920, p. 249.
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32-2502. Expenses. The expenses of maintaining said schools, when they shall be established in accordance with this law, 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.
Acts 1920, p. 249.
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CRIMES.
CHAPTER 32-99. CRIMES.
32-9901. Gifts to school officials by publishers. Any person violating the provisions of 32-406 in regard to gifts by school book publishers or their agents, to school officials, shall be guilty of, and punishable for, a misdemeanor.
Acts 1911, pp. 94, 107. 1919, pp. 288, 294.
32-9902. Officers', etc., failure of duty, punishment. On the failure or the refusal of any person or persons mentioned in 32-408 to perform their duty in reporting to grand juries of their respective counties any offer of remuneration or reward of any kind from any of the publishing houses, corporations or persons engaged in publishing or selling school books, they or either of them so failing or refusing shall be guilty and punishable for a misdemeanor, and such officers, on conviction thereof, shall be removed from office.
Acts 1919, p. 294.
32-9903. Penalty for violating Chapter 32-7. Any person violating the provisions of Chapter 32-7 shall be guilty of a misdemeanor and upon conviction shall be punished as provided therefor.
Acts 1931, p. 136.
32-9904. Punishment for furnishing books and supplies. Any publisher of text-books, or agent of such publisher, or any member of any board of education, or public school official in the State of Georgia, who violates any of the provisions of 32-801 to 32-812, on conviction thereof shall be punished as for a misdemeanor; and any member of a board of education or public school official shall, in addition, be removed from his official position. Any retail dealer of school text-books acting as agent for any board of education, who violates any of said provisions shall, upon conviction, be punished as for a misdemeanor.
Acts 1919, p. 310.
32-9905. Intent to defraud. Whoever, with intent to defraud the state or any county, town or city, or any person shall falsely and fraudulenty make, forge, alter or counterfeit, or cause or procure to be falsely and fraudulently made, forged, altered or counterfeited, or willingly aid or assist in falsely and fraudulently making, forging, altering or counterfeiting any certificates or licenses issued by any county superintendent of schools of this
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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 26-3901.
Acts 1919, p. 355.
32-9906. Penalty for non-compliance with compulsory school attendance law. Suspension of punishment. Notice. Bond. Any parent, guardian, or other person who has charge and control of a child between the ages of eight and fourteen years and who wilfully fails to comply with the requirement of section 32-2101 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, and may finally remit the same if such attendance has continued regularly for the number of months prescribed for attendance. School attendance may be proved by an attested certificate of the principal or teacher in charge of the school. No person shall be prosecuted for violation of the requirements of said section unless the board of education of the county or municipality in which the person accused of such violation resides shall have caused to be served upon the accused, at least ten days before such prosecution, a written notice of the charge with the name of the child to whom it refers. Any person so notified, not previously convicted of*violation of this law as to the child referred to in said notice, may prevent prosecution on the charge set out therein, by giving, at any time before 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 law as to the said child. Each day's wilful failure of a parent, .guardian, or other person in charge and control of a child as aforesaid, after the expiration of ten days from such notice, to cause the child to attend school, when such attendance is required by this law, shall constitute a separate offense. In prosecutions under this law the exemptions and excuses provided for shall be matters of defense, to be established by the accused, and need not be negatived in the indictment or accusation. All fines imposed hereunder and all sums required to be paid as penalties under bonds given under Chapter 32-21, shall, after payment of the cost of prosecution and of recovery thereof, be paid into the county treasury and become a part of the school fund of the county.
Acts 1919, pp. 359, 360.
6S-310. Meter vehicles passing school bus discharging or taking on c hilc'rtn rr.Lst step. Every person using, operating, or driving a motor vehicle upon or over the roads or highways, or upon or over any of the stre ets of any of the incorporated towns and cities, upon approaching any
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bus or other motor vehicle transporting school children to or from school, w hile such bus or motor vehicle is stopped and engaged in taking on or discharging such school children therefrom upon the roads or highways, or upon any of the streets of any of the incorporated towns and cities, shall bring sue h motor vehicle to a full stop before passing such school bus or other motor vehicle, and shall remain stopped until such school bus or other motor vehicle shall have completed at that place the discharging or taking on of school children.
Acts 1933, p. 201. 68-311. School busses required to be marked. Stopping places. All motor vehicles used in transporting school children to and from schools shall be distinctly marked "School Bus" on both front, rear, and sides thereof, in letters of not less than five inches in length and so plainly written or printed and so arranged as to be legible to persons approaching such busses, whether traveling in the same or opposite direction, or upon approaching said school busses from any direction, and such school bus drivers shall stop said school busses on the right hand side of the road or street as close to the curb or edge of said road or street as is practicable. Acts 1933, p. 201. 68-9907. School busses, violation of sections relating to. Any person found guilty of violating any provision of section 68-310, relating to passing school busses taking on or discharging children, or of section 68-311, relating to signs on school busses and to stopping places for such busses, shall be punished as for a misdemeanor. Acts 1933, pp, 201, 202.
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3AYLAMOUNT
PAMPHLET BINDER
Manufactured by GAYLORD BROS. In
Syracuse, N. Y. Stockton, Calif.