Georgia school laws [1948]

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IHIBmHmHHHHHnHBHHHHMHi^Hi
SCHOOL LAWS Relating to the
Public School System
of the
State of Georgia
COMPILED BY
STATE DEPARTMENT OF EDUCATION 1948
Editorial Committee R. A. McGraw, Jr. Claude Purcell

INTRODUCTION
The State Department of Education, and the lawmakers of the State, have sought constantly to make and retain sound legal provisions for the establishment, support and operation of public schools for the people of this State. The foundation for public schools is laid in the Constitution itself, and laws have been enacted, amended and repealed by each succeeding legislature to such an extent that at the present time it requires much research to definitely determine the exact status of the school laws from the present Code and its Cumulative Pocket Parts.
The officers, who assume the responsibility of becoming public school officials and taking upon themselves both legal and moral obligations to administer the school laws so that the citizens may obtain the best advantage from money appropriated for the operation of the schools, are entitled to be able to distinguish the laws now in force without too much research work. It is to aid such officials and others concerned with the administration of school affairs that this volume has been compiled and prepared.
This compilation of the school laws includes the applicable parts of the Constitution of 1945, together with the statutory laws as amended up to and through the 1947 Session of the General Assembly. It is believed that the compilation of the laws as they now exist after the adoption of the Constitution through the 1947 Session of the General Assembly will be of invaluable benefit to the school authorities throughout the State.
The Department of Education is grateful to Honorable Eugene Cook Attorney General of this State, for the invaluable assistance given by his office in checking the amendments, furnishing cross-references and citations and in helping to determine the present status of the school law.
It is hoped that this publication may serve as an up-to-date source and guide to the public school officials and that they may find it useful in their earnest endeavors towards faithful school administration.
M. D. COLLINS
State Superintendent of Schools

^^P

INDEX

PART I

PROVISIONS OF THE CONSTITUTION RELATING TO COMMON SCHOOLS.

Sc u,aj. ect.

Code Section Page

System of common schools

2-6401

State Board of Education

2-6501

1

State School Superintendent

2-6601

2

County Board of Education

2-6801

2

County School Superintendent

2-6901

2

Independent Systems

2-7001

Meetings of Boards of Education rC, on4t. ractxs Systems established prior to 1877

2-7101

2-7201

3

2-7301

State Board may accept gifts

2-7401

County Boards and Independent Systems may accept

gifts

2"7402

I

Taxation by counties for education

2-7501

Purposes for which debt may be contracted

2-5601

4

Freedom of Conscience

2-112

Religious Opinions Appropriations to churches forbidden

2-114

PART II

THE PUBLIC SCHOOL SYSTEM.

State Board created

Terms of office

Vacancies Eligibility for membership

Oath



Meetings

Per diem

Rules and Regulations

Estimates of funds needed

Control of employees Funds for maintenance of Department

32-401

5

32"402

6

32-403

6

32-404

6

32"405 32"406

6 7

32"407 32-408

7 7

32-409

7

32-410

7

32-411

7

School grades

Powers of old Board

-

32-411A 32-412

Federal Funds Appeals to State Board Requirements for colleges Certain gifts forbidden

32-413

32-414

9

32-415

9

32-416

9

State Board may receive Federal funds to educate per-

sons over 18 years old

32-417

10

in
K

\

Subject

Code Section

Effect of partial invalidity of Acts 1945, p. 194 Federal funds for schoolhouses Power of Board to adopt building standards Power to inspect building's Effect of partial invalidity of 1945 Act, p. 200 Common school funds to pay bus drivers, Acts 1947,
pp. 1461, 1463

32-418 32-419 32-420 32-421 32-422

Page
10 10 10 10 11
28

PART III

STATE SUPERINTENDENT OF SCHOOLS.

Election and duties of State Superintendent Qualifications Bond and oath Secretary of State Board of Education
Duties
Duty to visit counties Duty in cases of misapplication of school funds Annual Reports Preparation of text on civics Repealed by Acts 1937, p. 882 Reports from county superintendents

32-501

11

32-502

11

32-503

12

32-504

12

32-505

12

32-506

12

32-507

12

32-508

12

32-509

13

32-510

13

32-515

13

PART IV

EQUALIZATION OF EDUCATION OPPORTUNITIES.

State's policy to equalize opportunities

32-601

14

Seven months' operation

32-602

14

School year

32-603

14

Units of administration

32-604

14

Election of teachers

32-605

14

Superintendents and boards to execute Act

32-606

14

Local units divided into groups

32-608

15

Annual determination of teachers

32-609

15

Classifying teachers

32-610

16

Local units may provide additional advantages

32-611

16

Basis of classification of teachers

32-612

16

Schedules of minimum salaries

32-613

16

Common school funds, how used

32-614

16

Operation beyond seven months

32-615

17

Board to fix minimum salaries

32-616

17

Budgets of local units

32-617

18

Approval of budget Funds, how drawn

32-618

18

32-619

18

Federal and State funds for vocational education

32-620

19

Equalization fund not affected

32-621

19

IV

Subject
State Board to administer Supervisors and employees Effective date of Chapter

Code Section Page

32-622

19

32-624

19

32-625

19

PART V

TEXTBOOKS IN PUBLIC SCHOOLS.

Addition to State course of study

32-705

20

Instructions in Constitutions

32-706

20

Board to prescribe textbooks

32-707

21

Selection and purchase of free textbooks

32-708

21

Committees to examine books

32-709

21

System of free textbooks

32-710

21

Board to provide for purchasing textbooks

32-711

21

Repairing books

-

32-712

22

Conditions of purchase

32-713

22

Elementary and high school grades

32-714

22

Board authorized to contract

32-715

22

Provisions extended to State institutions

32-716

22

Competitive bids

32-717

22

Board may publish textbooks

32-718

22

Cost of books, how paid

32-719

23

May contract with local boards for textbooks

32-720

23

Local boards may furnish free books

32-721

23

Local boards to be compensated, exchange of books.... 32-722

23

Board given power to provide for school book system 32-723

23

PART VI

COUNTY BOARDS OF EDUCATION.

School districts Membership of county boards Qualifications of members Compensation of members Certificate of election Resignation Officers of county boards Sessions School term Condemnation, Acts 1947, pp. 1130, 1131 Powers of county boards as a court Vaccination of pupils Organization, powers and duties Employment of teachers Reports by teachers Consolidation of schools

32-901

24

32-902

24

32-903

24

32-904

25

32-905

25

32-906

26

32-907

26

32-908

26

32-909

26

27

32-910

27

32-911

27

32-912

27

32-913

28

32-914

28

32-915

28

m

SuVject

Code Section Page

Common school funds for salaries of bus drivers, Acts

1947, pp. 1461, 1463

28

Statement by county superintendents

32-920

29

Power to borrow money

32-921

30

Resolution authorizing loan

-

32-922

30

Term of loan

32-923

30

Interest Reports to grand juries

-

32-924

30

32-925

31

Notes for money borrowed

32-926

31

How money used

32-927

31

Expenditures in excess of appropriation

32-928

31

Warrants in anticipation of revenue

32-929

31

Sale of warrants

32-930

31

Manual labor schools

--- 32-931

31

Evening or part time schools

32-932

32

High schools Industrial education in public schools

32-933

32

32-934

32

School fund

32-935

32

Free tuition

'.

32-937

32

County line schools

32-938

33

Failure to arrange for schools--

32-940

33

Liability for and distribution of funds

32-941

33

School fund to be kept separate

32-942

34

School property exempt from levy and sale

32-943

34

Extension work in schools

32-944

34

Annual budget filed with State Board

32-945

34

Extra appropriation

32-948

35

Sale of supplies or equipment

32-949

35

Separability of provisions of Acts 1943

32-950

35

PART VII

COUNTY SUPERINTENDENT OF SCHOOLS.

County superintendent substituted for county school

commissioner

Election and term of superintendent

.

32-1001

35

32-1002

35

Vacancies, how filled

32-1003

36

Qualifications of county superintendents

32-1004

36

Bond

32-1005

36

Salaries

32-1006

36

Oath

32-1007

37

Removal from office

32-1008

37

Duties of County School Superintendent

32-1009

37

Examination of teachers

32-1010

38

Seal on teachers' license

32-1011

38

Superintendent's office in courthouse

32-1012

38

VI

Subject
Who may administer oaths Reports Local county and municipal systems Grading teachers' license Revocation of teachers' licenses Duties of teachers Vocational studies Teachers' oath Form of oath Teacher not to be employed unless oath taken:

Code Section Page

32-1013

38

32-1014

38

32-1017

38

32-1018

38

32-1019

39

32-1020

39

32-1021

39

32-1022

39

32-1023

40

,. 32-1024

40

PART VIII
LOCAL TAX FOR PUBLIC SCHOOLS.

Each county a school district...

32- 1101

40

School trustees

-

32- 1104

40

Duties of school trustees

32- 1105

40

Tax Collectors shall pay to board of education...

32- 1106

41

Election expenses

32- 1107

41

Local tax for municipalities

32- 1109

41

Local school systems

32- 1111

42

All funds to be turned over to county boards of

education

32- 1113

42

Corporate property subject to taxation

32- 1116

42

Returns of corporate property

32- 1117

42

Other provisions made applicable

32- 1118

43

All books and records turned over to county board

32- 1123

43

Power to levy and collect taxes

32- 1127

43

PART IX

MERGER OF INDEPENDENT SCHOOL SYSTEMS.

Dissolution of independent school districts Proceedings after election

32-1201

44

32-1202

44

Territory included formerly in independent systems.... 32-1203

45

PART X
PAYMENT OF TEACHERS.

Governor's authority to make debt Authority to use allocated funds Limit of authority

32-1301

45

32-1302

45

32-1303

46

VII

PART XI

Subject

BUILDING SCHOOLHOUSES. Code Section Page

County boards power to build schoolhouses, etc

32-1401

46

Duties of county board in connection with bond funds 32-1402

46

County bonded indebtedness for schoolhouses

32-1403

47

Subdivisions for schoolhouse bonds. Acts 1947, pp.

1188, 1189

48

Counties and municipalities jointly building school-

houses

32-1404

49

Contract for joint building

32-1405

49

Bonds for joint building

32-1406

50

Levy of taxes

32-1407

50

Exclusiveness of authority for joint building

32-1408

50

Refunding schoolhouse bonds

32-1409

50

Advisibility of refunding bonds

32-1410

50

Election to refund bonds

32-1411

51

Contents of election notice

32-1412

51

Voters list, how made

32-1413

51

Election managers

32-1414

51

Ballots

32-1415

51

Results of election

32-1416

51

Voters may petition for election

32-1417

52

Refunding schoolhouse bonds, etc., counties

32-1418

52

Petition by voters, counties

32-1419

52

County election for refunding bonds

32-1420

53

Voters' list, county

32-1421

53

Ballots, county

32-1422

53

Election managers, county

32-1423

53

Returns, county election

32-1424

53

Refunding bonds to be issued

32-1425

53

Proceeds from bonds

32-1426

53

Tax levies to pay bonds

32-1427

53

Paying off county bonds

32-1428

54

Declaration of results of election

32-1429

54

Levy tax for sinking fund

32-1430

54

Refunding bonds to be validated

32-1431

54

Sale or exchange of refunding bonds

32-1432

55

Sale or exchange of bonds of independent districts..-. 32-1433

55

Exchange of bonds, terms

32-1434

55

Sinking fund where exchanged, refused

32-1435

55

Application of proceeds of refunding bonds

32-1436

55

Duties and authority of officers

32-1437

56

Interest rate on refunding bonds

32-1438

56

Independent school districts

32-1439

56

Obligations of outstanding bonds

32-1440

56

Bondholders refusing to sell, sinking fund

32-1441

56

VIII



MHM**ai*tP9ia

Subject Only one election a year

Code Section Page

32-1442

57

PART XII

SCHOOL YEAR, SCHOLASTIC MONTH, AND SPECIAL DAYS

School year Scholastic month Observance of special days Temperance day designated

32-1501

57

32-1502

57

32-1503

57

32-1504

57

PART XIII

ENUMERATION OF SCHOOL CHILDREN.

School census New census

32-1601

58

32-1603

58

PART XIV

INSTRUCTION IN ANIMAL, BIRD, AND FISH LIFE.

Purposes of Chapter Public school instructions in bird life, etc Certification by teachers

32-1701

58

32-1702

58

32-1703

59

PART XV
HEALTH
Health regulations by counties, etc. Quarantine

32-1801

59

32-1802

59

PART XVI

PHYSICAL EDUCATION AND TRAINING

Course prescribed Courses at normal schools Special teachers

32-1901

60

32-1902

60

32-1903

60

PART XVII

FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST.

Fire escapes

32-2001

61

Inspection of school buildings

32-2002

61

Safety requirements

-

32-2003

61

Defects in heating installation

32-2004

61

Fire escapes for educational buildings and dormitories 32-2005

61

Funds for cost of fire escapes

32-2006

62

IX

PART XVIII

COMPULSORY SCHOOL ATTENDANCE

Subject

Code Section Page

Duty to send children to school Minimum attendance Exemptions Administration and enforcement Visiting teachers Appointment and qualifications... Employment of officers in lieu of teacher Duties of visiting teachers Removal of visiting teachers Eligibility for retirement Cooperation by teachers and principals Dealing with delinquent children Separability clause

32-2104

62

32-2105

62

32-2106

62

32-2107

63

32-2108

63

32-2109

63

32-2110

64

32-2111

64

32-2112

64

32-2113

64

32-2114

64

32-2115

65

32-2116

65

PART XIX

SPECIAL COURSES, CLASSES OR SCHOOLS FOR CORRECTING SPEECH OF DEAF CHILDREN.

Local units may establish special classes Authority of State Board of Education Funds for teachers Authority of local units to extend term Effect on existing school laws

32-2101A 65 32-2102A 66 32-2103A 66 32-2104A 67 32-2105A 67

PART XX

VOCATIONAL EDUCATION.

Acceptance of Federal funds

Duties of State Board as to vocational education

Custodian of funds

Representing the State

Extension work agents

Purpose of 1943 Act

Definition of local units

Apportionment of funds....

Provisions not mandatory...

Authority of State Board

Use of funds for transportation

Apportionment of equipment

State Advisory Committee

--

Shall not affect common school funds

Shall not affect existing laws

State Area Vocational Schools

32- 2201

67

32- 2202

67

32- 2203

68

32- 2204

68

32 2205

68

32- 2206

68

32- 2207

68

32- 2208

68

32- 2210

69

32- 2211

69

32- 2213

69

32- 2214

69

32 -2215

70

32 -2216

70

32 -2217

70

32 -2218

70

Subject
State Board may purchase land and buildings State Board may receive gifts State Board may adopt rules and regulations Employment of teachers 1945 Act supplementary to other laws

Code Section Page

32-2219

70

32-2220

70

32-2221

71

32-2222

71

32-2223

71

PART XXI

VOCATIONAL REHABILITATION OF DISABLED PERSONS.

Provisions of Act of Congress accepted

Money for vocational rehabilitation

State Board, duties

-

Gifts and donations

-

-

Annual appropriation

-

32-2301

72

32-2302

72

32-2303

72

32-2304

72

-- 32-2305

73

PART XXII

ILLITERACY, DUTIES OF STATE BOARD.

Duties of State Board

Rules and Regulations..

Schools

-

Expenses

--

Power of County Board

-

-

32-2401

73

32-2402

73

32-2501

74

-

-

32-2502

74

32-2503

74

PART XXIII

SCHOOL LIBRARY COMMISSION AND PUBLIC LIBRARIES.

State Library Commission abolished

32-2604

74

Duties of State Board

--

32-2605

74

Gifts

32-2606

75

Funds'."

-

-'- 32-2607

75

How libraries maintained

32-2701

75

Disbursements

32-2702

75

Donations

32-2703

76

Duties of Trustees

32-2704

76

Powers of the city

-

32-2705

76

Libraries outside municipalities

,-

32-2706

76

Library board

-

32-2707

77

Supervision of libraries

32-2708

77

PART XXIV
GEORGIA ACADEMY FOR THE BLIND AND GEORGIA SCHOOL FOR THE DEAF.

Control of Academy

-

32-2801

77

Inapplicability of laws governing other schools

32-2802

78

XI

Subject
Transfer of trust funds Appropriations Continuance of trusts

Code Section Page

32-2803

78

32-2804

78

32-2805

78

PART XXV
TEACHERS RETIREMENT SYSTEM.

Definitions

32-2901

79

Name, powers and privileges of system

32-2902

81

Membership

32-2903

81

Eligibility to membership

32-2903A 82

Creditable service

32-2904

82

Service retirement benefits

32-2905

83

Administration

32-2906

87

Board of Trustees

32-2907

87

Vacancies

32-2908

87

Compensation of trustees

32-2909

87

Oath of trustees

'.

32-2910

87

Quorum

32-2911

88

Chairman and other officers

32-2912

Keeping data

32-2913

Legal adviser

32-2914

88

Medical Board

32-2915

88

Actuary

32-2916

89

Management of funds

32-2917

89

Treasurer

32-2918

89

Deposits, etc

32-2919

90

Personal interest and profit

32-2920

90

Method of financing

32-2921

90

Members of local retirement system

32-2922

95

Exemption of rights

32-2923

97

Correction of errors

32-2924

97

Obligations of pension accumulation fund

32-2925

97

Applicability of other statutes

3: -2,.= 26

Effective date of Chapter

32-2927

98

Municipalities authorized to levy tax. Acts 1946, p. 24

98

School systems required to remit contributions. Acts

1947, pp. 1155, 1156

98

PART XXVI
CRIMES IN GENERAL.
Gifts to school officials Officers, etc Penalty for violation of Chapter 32-7 Punishment for furnishing books

32-9901

99

32-9902

99

32-9903

99

32-9904

99

XII

Subject
Intent to defraud Violation of Sections 22-1022 to 32-1024 Violation of Section 32-949 Admission tickets to athletic contests Place and manner of sale of athletic tickets Violation of Sections 32-9909 and 32-9910 Attempting to defraud teachers Compulsory school attendance law violation Penalties for violation against parents Violation of laws relating to census

Code Section Page

32- 9905

99

32- 9907 100

32- 9908 100

32- 9909 100

32- 9910 100

32 9911 100

32 9912 100

32 9913 100

32 9914 101

32 9915 101

APPENDIX
Suggested procedure in appeal to State Board Procedure for appeals where county superintendents fail to act

Page
101 103

XIII

JWWWOIWWivW

PART I
Provisions of the Constitution which relate to the common school system. The provisions are taken from the Constitution of 1945 if not otherwise noted. Code Sections for constitutional provisions refer to the Cumulative Pocket Part of Annotated Code.
ARTICLE 8.
SECTION 1. Paragraph 1. System of common schools; free tuition, separation of races. The provision of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. Separate schools shall be provided for the white and colored races. (Code Section 2-6401).
SECTION 2.
Paragraph 1. State Board of Education; method of appointment. There shall be a State Board of Education, composed of one member from each Congressional District in the State, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The first) State Board of Education under this Constitution shall consist of those in office at the time this Constitution is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public education 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 said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law.
(Code Sec-Jon 2-6501).

iiM^HI^^H^HHBHH
SECTION 3.
Paragraph 1. State School Superintendent; election, term, etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of said Board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. (Code Section 2-6601).
SECTION 5.
Paragraph 1. County System; Board of Education; election, term, etc. Authority is granted to Counties to establish and maintain public schools within their limits. Each County, exclusive of any independent school system now in existence in a County, shall compose one school district and shall be confined to the control and management of a County Board of Education. The Grand Jury of each County shall select from the citizens of their respective Counties five freeholders, who shall constitute the County Board of Education. Said members shall be elected for the term of five years except that the first election of Board members under this Constitution shall be for such terms that will provide for the expiration of the term of one member of the County Board of Education each year. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of the Board for the unexpired term. 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 of an independent school district.
The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees. (Code Section 2-6801).
Cross-reference. See Code Section 32-903 for statutory qualifications for County Board members.
SECTION 6.
Paragraph 1. County School Superintendent; election, term, etc. There shall be a County School Superintendent, who shall be the executive officer of the County Board of Education. He shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law. (Code Section 2-6901).
Cross-reference. See Code Section 32-1004 for statutorv qualifications for County School Superintendent. See Code Section 89-101, subparagraph 7 residential qualifications.

^^RHHI^^HBMBHNOTH^HV^

Note: A person who is a bona fide citizen of county for two years, even though domiciled in Independent School District and not qualified to vote for County Superintendent, is eligible for election to office of County School Superintendent. Marshall, et al. v. Walker, et vice versa,
183 Ga. 44. SECTION 7.
Paragraph 1. Independent systems continued; new systems prohibited. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established. (Code Section 2-7001).

SECTION 8.

Paragraph 1. Meetings of Boards of Education. All official meetings of County Boards of Education shall be open to the public. (Code Sec-

tion 2-7101).

SECTION 9.

Paragraph 1. Contracts for care of pupils. County Boards of Education and independent school systems may contract with each other for the education, transportation and care of pupils. (Code Section 2-7201).

SECTION 10.
Paragraph 1. Certain systems protected. Public schools systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution. (Code Section 2-7301).

SECTION 11.
Paragraph 1. Grants, bequests and donations permitted. The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. (Code Section 2-7401).
Paragraph 2. Grants, bequests and donations to county Boards of Education and independent school systems. County Boards of Education and independent school systems may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. (Code Section 2-7402).

SECTION 12.
Paragraph 1. Taxation !;y counties for education. The fiscal authority of the several Counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the County Board of Education) upon the dollar of all taxable property in the County located outside independent school systems. The independent school system of Chatham County and the City of Savannah, being co-extensive with said County, the levy of said tax shall be on all property in said County as recommended by the governing body of said system. (Code Section 2-7501).

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Cross-reference. The right of taxation is a sovereign right. Paragraph 1, Section 1, Article 7 (Code Section 2-5401). The power of taxation over whole State shall be exercised by General Assembly for educational purposes and others. Paragraph 1, Section 2, Article 7 (Code Section 2-5501). The General Assembly has power to delegate to counties right to levy tax for educational purposes. Paragraph 1, Section 4, Article 7 (Code Section 2-5701). The power of taxation may be exercised by the State, Counties and municipalities for the purpose of paying pensions and teacher retirement benefits. Paragraph 2, Section 2, Article 7 (Code Section 2-5502). Bond issues validated by County Boards and tax levy to retire, see Code Sections 2-6001 and 2-6002.
ARTICLE 7.
SECTION 3.
Paragraph 1. Purposes for which contracted. No debt shall be contracted by, or on behalf of, the Stats, except to supply such temporary deficit as may exist in the treasury in any year for 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 three million, five hundred thousand dollars for the payment of the public school teachers of the State only. The principal amount borrowed for payment of teachers shall be repaid each year out of the common school appropriation, and the interest paid thereon shall be paid each year out of the general funds of the State. (Code Section 2-5601).
ARTICLE 1.
SECTION 1.
Paragraph 12. Freedom of conscience. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience. (Code Section 2-112).
Paragraph 13. Religious opinions; liberty of conscience. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. (Code Section 2-113).
Paragraph 14. Appropriations to churches, sects, etc., forbidden. No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution. (Code Section 2-114).
Note: Paragraph 12, 13 and 14 of Article 1, Section 1, taken from

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the Bill of Rights of the Constitution, do not directly refer to the School Systems but are involved in some administration questions and are included as information. In
Wilkerson v. Rome 152 Ga. 762 the Georgia Supreme Court held that an ordinance of the city requiring the reading of the Holy Bible in the Public Schools, and the offering of daily prayer therein did not violate Paragraph 12 of Article 1, Section 1 of the Constitution. Code Section 2-112.
In Leoles v. Landers, et al. 184 Ga. 580 the Georgia Supreme Court held that a regulation promulgated by a City Board of Education requiring all pupils to salute the United States flag did not violate the provisions of Paragraphs 12, 13 and 14 (Code Sections 2-112, 2-113 and 2-114) of Article 1, Section 1 of the Constitution, and that if a pupil absolutely and continuously refused to salute the flag, the privilege extended to such a child of free education afforded by the school may be withdrawn. An appeal to the Supreme Court was dismissed. 302 U. S. 656 (58 Sup. Ct. Rep. 364, 82 L. Ed. 507). Cross reference. Bible reading in schools receiving State funds. Code Section 32-705. Teachers' oath to uphold fundamental principles of patriotism and American ideals. Act 1935, pp. 1305, 1306. Sections 32-1022 and 32-1024, 1945 Pocket Part Annotated Code.
PART II
THE PUBLIC SCHOOL SYSTEM
Statutes and Acts relating to common school system in force July 1, 1947.
Editorial notes: Acts 1937, pp. 864, 869, repealed Sections 32-401 thru 32-407; inclusive, of Code of 1933. The Act of 1937 is codified in 1945 Pocket Part of Annotated Code as Chapter 32-4. Provisions of later Acts are included in the Chapter. The Sections as amended by the General Assembly are set forth.
State Board of Education. Note: All Sections refer to 1945 Pocket Part of Annotated Code. 32-401. Board created; members; appointment. The State Board of Education, hereby created, shall be composed of one member from each congressional district in this State, who shall be appointed by the Governor, by and with the advice and consent of ihe Senate. The Governor shall not be a member of the State Board of Education. The said State
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Board of Education provided for by this Chapter shall have the powers and duties now provided by law for the State Board of Education, and such as may be hereafter provided; and shall be subject to all provisions of law with respect to the State Board of Education, not inconsistent with this Chapter. (Acts 1937, p. 864; 1943, pp. 636, 638.)
Cross-reference:--Board a constitutional Board. See Paragraph 1, Section 2, Article 8, 1945 Constitution. Pocket Part, Annotated Code, Section 2-6501.
32-402. Terms of office. The first State Board of Education appointed hereunder shall hold office as follows: two for three years; four for five years; and four for seven years. All of said terms shall date from January 1, 1943. The Governor in making said appointments shall designate the holders of the respective terms. Successors to persons so appointed shall hold terms of office of seven years from the expiration of the previous term. All members of the Board appointed for a first or succeeding full term shall hold office until their successors are appointed and qualify. Any appointment of a member of the Board for a full term, made when the Senate is not in session, shall be effective until the same is acted on by the Senate. (Acts 1937, pp. 864, 865; 1943 pp. 636, 637, 638.)
32-403. Vacancies. In case of a vacancy on said Board, by death or resignation, or from any other cause other than such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session, to the end of that session, and such election shall be effective for such interim. During such session of the General Assembly, the Governor shall appoint the successor member of the Board for the unexpired term and submit his name to the Senate for confirmation. (Acts 1937, pp. 864, 865; 1943, pp. 636, 638.)
Editorial Note: There is an evident omission of the words "expiration of" between "than" and "such" in the first sentence. The words are omitted in enrolled Act.
32-404. Eligibility for membership. The members of the State Board of Education shall be citizens of this State who have resided in Georgia continuously for at least five 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 schoolbook 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. (Acts 1937, pp. 864, 865.)
32-405. Oath; meeting for organization; officers. The members of the Board of Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the Federal and
6

I^^HMMIHHN
State Constitutions and enter upon the discharge of same on the effective date of this Chapter. 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. (Acts 1937, pp. 864, 865.)
32-406. Meetings. 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. (Acts 1937, pp. 864, 865.)
32-407. Per diem and mileage of members. The members of the Board shall receive the sum of seven dollars 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. (Acts 1937, pp. 864, 866.)
32-408. Rules and regulations for supervision of schools; courses of study; curriculum revision; administration of school funds. 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. (Acts 1937, pp. 864, 866.)
32-409. Estimate of funds needed. The Board 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. (Acts 1937, pp. 864, 866.)
32-410. Control of employees. The Board 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. (Acts 1937, pp. 864, 866.)
32-411. Set aside funds for maintenance of Department. The Board 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. (Acts 1937, pp. 864, 866.)
Editorial Note: Code Sections 32-408 thru 32-411 constitute Sections 3 of Act 1937, pp. 864-869. This Section was amended by Act approved March 24, 1947, Acts 1947, pp. 668, 670, by adding thereto Section 3A which is compiled in this School Code as 32-411 A.
32-411 A. For the purpose of operation of the common schools of this State, and the participation therein by the State, the elementary grades of the common schools shall embrace grades one thru seven, inclusive, and no other; and the high school grades shall embrace eight thru twelve, inclusive, and no other. (Acts 1947, pp. 668, 670.)
32-412. Powers of old Board. Except as provided by this Chapter, 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, and abolished by section 10, Acts 1937, pp. 864, 867, and shall perform all the duties now required by law of said State Board of Education as now constituted. (Acts 1937, pp. 864, 867.)
32-413. Acceptance of funds appropriated by Congress; meeting terms of grants; title to property. Said Board is hereby authorized and empowered to receive, accept, hold and operate, on behalf of the State of Georgia, donations, grants, gifts, devises and bequests of real, personal and mixed property of every kind and character, to lease, manage and otherwise administer the same for the use, benefit and behoof of the common school system of Georgia, and to accept on behalf of the State of Georgia any funds which may be now or hereafter provided for, or be or hereafter become available or allotted to the State of Georgia by virtue of any appropriation by Congress or under any governmental regulation, order or declaration of policy for either vocational or other educational purposes conducted either in or out of school, in connection with, or as an incident of, any program of vocational education now or hereafter established as essential to national defense either for industrial or agricultural occupations, and whether as part of a Federal or a State program or a combination of both, in furtherance of vocational educational objectives generally; and said Board is authorized and empowered to acquire and hold title for and on behalf of the State of Georgia, for the benefit of the common school system thereof, any equipment and/or supplies, both permanent and expendable, that may be necessary for such purposes, and to act as the contracting agent therefor and the custodian thereof, and to delegate, in whole or in part, any function or activity enumerated or contemplated hereunder, and to contract with and cooperate with any department, agency or instrumentality either of the State of Georgia or of the United States, in any manner which shall be requisite or incident hereto, which in the judgment of said Board may be deemed proper for the carrying into effect of the purposes of this Chapter, and to use so much of the com-
8

mon school fund or other funds appropriated by the General Assembly as may be necessary to match any such Federal aid, or to meet the terms of any past, present or future grant to the State or any local school unit whereby the same respectively may be enabled to derive full advantage of the benefits thereof to the State of Georgia as contemplated under the terms and provisions of any such grant for educational purposes; no funds shall be used to meet any past or future grant to the State but shall be available only for any present grant now available.
Anything contained in Chapter 32-6 to the contrary notwithstanding, nothing herein shall be construed to alter, diminish, effect or impair the authority vested in said State Board of Education under the provisions of section 32-630, with respect to apportioning funds to various local school units as additional aid for use in maintaining vocational classes or departments; but the authority herein conferred shall supplement the grant of authority heretofore conferred, and to the extent herein enacted. (Acts 1937, pp. 864, 867; 1941, p. 568.)
32-414. Appeals to State Board. 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 superintendents of schools, or the secretary of the Official Board of Independent Systems, and must distinctly set forth the question 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. (Acts 1937, pp. 864, 867.)
Note: See appendix for suggested procedure in case of appeals.
32-415. Standard requirements for colleges; certificate for charter. 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. (Acts 1937, pp. 864, 868.)
Editorial note: Acts 1939, p. 412, authorizes Toccoa Falls Institute to confer the degree of Bachelor of Arts in Biblical Education.
32-416. Gifts, etc., from schoolbook houses to member or appointee of Board forbidden. 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,
9

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. The judges of the superior courts in charging the grand jury from term to term shall give instructions concerning this section and Chapter. (Acts 1937, pp. 864, 868.)
Cross-reference: Penalty for violating this section, see Section 32-9901.
32-417. Power of Board to receive funds from Federal grants or other sources for education of persons over 18 years old. The State Board of Education is hereby authorized and empowered to receive moneys made available from Federal grants and/or from other available funds to provide education of non-college grade for persons above the age of 18 years; and to make the necessary rules and regulations governing the education of such persons subject to such limitations as may be imposed in the grant or appropriation of such funds. (Acts 1945, p. 194.)
32-418. Effect of partial invalidity of section 32-417. Should any section, subsection, clause, sentence, phrase, or part of this law (Section 32-417), for any reason be held, deemed, or construed to be unconstitutional or invalid, such decision shall not affect the validity or the remaining portions thereof, and the General Assembly hereby declares that it would have passed said law, each section, subsection, clause, sentence, phrase, and part thereof, irrespective of the fact that one or more sections, subsections, clauses, sentences, phrases or parts thereof, be declared unconstitutional or invalid. (Acts 1945, p. 194.)
32-419. Federal or other funds for schoolhouse construction; power of Board to receive and allot to school system. The State Board of Education is hereby authorized and empowered to receive any Federal funds, or any other funds, made available to it fo,r schoolhouse construction or improvement of the schools under its jurisdiction, and to allot said funds to the boards of education of county and independent school systems under such rules and regulations as may be adopted by the State Board of Education, subject to such limitations as may be imposed in the grant or appropriation of said funds. (Acts 1945, p. 200.)
32-420. Power of Board to determine needs and adopt building practices and standards. In order to assist the boards of education of county and independent school systems, upon their request, the State Board of Education is hereby authorized and empowered to make comprehensive studies to determine the need and the location of public school buildings, to determine the safety and educational requirements of public school buildings, and to plan the methods of financing the cost of constructing and equipping such buildings; and to establish a code of school building practices and standards. (Acts 1945, p. 200.)
32-421. Power of Board to inspect buildings; action after inspection. The State Board of Education is hereby authorized to inspect any public
10

school building and, if such building is found to be dangerous to the lives and/or health of the pupils, to notify the county or independent board of education in writing of the unsafe and/or unhealthful conditions revealed, including in the notification specific suggestions for the correction of said unsafe and/or unhealthful conditions. (Acts 1945, pp. 200, 201.)
32-422. Effect of partial invalidity of sections 32-419 to 32-422. Should any section, subsection, clause, sentence, phrase, or part of this law (Sections 32-419 to 32-422), for any reason, be held, deemed, or construed to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions thereof, and the General Assembly hereby declares that it would have passed said law, each section, subsection, clause, sentence, phrase, and part thereof, irrespective of the fact that one or more sections, subsections, clauses, sentences, phrases, or parts thereof, be declared unconstitutional or invalid. (Acts 1945, pp. 200, 201.)
PART III
STATE SUPERINTENDENT OF SCHOOLS.
Note: Code Sections refer to Code of 1953 unless otherwise noted.
32-501. Election. Office. Powers and duties. The State Superintendent of Schools shall be elected by the people at the same time and in the same manner as the Governor and Statehouse 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. He shall prescribe suitable forms for the reports required of subordinate school officers and blanks for their guidance in transacting their official business, and shall from time to time prepare and transmit to them such instructions as he may deem necessary for the faithful and efficient execution of the school laws; and by what is thus communicated to them they shall be bound to govern themselves in the discharge of their official duties: Provided, there shall always be an appeal from the State School Superintendent to the State Board of Education. (Acts 1919, p. 311.)
Cross-reference: Constitutional office, see Paragraph 1, Section 2, Article 8, 1945 Constitution. Section 2-6601, Pocket Part Annotated Code.
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 had at least three years' practical experience as a teacher, or in lieu thereof shall have a diploma from a reputable college or normal school, or shall have had five years' experience in the actual supervision of schools, and be at least 30 years of age. (Acts 1919, p. 311.)
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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 $10,000 to the State, 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 indorsement thereon, shall be filed with the Secretary of State, and the premium charged for said bond shall be paid out of the treasury of the State. (Acts 1919, p. 312.)
32-504. Secretary and agent of State Board of Education. 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. (Acts 1937, pp. 864, 867.)
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 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; he shall have authority to suspend a county superintendent of schools for incompetency, wilful 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.)
32-506. Duty to visit the several counties. It shall be the duty of the State School Superintendent to visit, as often as possible, the several counties 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: State Auditor to audit school books, Section 40-1812. Duties of Law Department, Section 40-1607, et. seq.
32-508. Annual reports. The State Superintendent of Schools shall
12

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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; 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. Preparation of text on civics. The State Superintendent of Schools is required to prepare, with necessary assistance, a textbook on civil government and have it printed and sold to the schools at cost. (Acts 1919, p. 314.)
32-510. Repealed by Acts 1937, p. 882.
32-511. Compensation as secretary of the Board and administrative officer of Department. The State Superintendent of Schools shall receive as compensation for his services as executive secretary of the State Board of Education and the administrative officer of the State Department of Education $4,000 per annum, payable in monthly installments, which shall be in addition to the salary provided by the Constitution for the State Superintendent of Schools, and shall not be otherwise compensated for any services rendered the State in any capacity. (Acts 1937, pp. 864, 867; 1941, p. 573; 1943, p. 639.)
Editorial Note: Act approved March 25, 1947, p. 673, fixed salary of State Superintendent of Schools at $7,500 per annum.
32-515. Reports from county superintendents, requiring. The State Superintendent of Schools 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 superintendents shall not be entitled to compensation for their official services. He shall also 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, operating under any special law, and until the report is made, said organization shall not receive the pro rata share of the State school fund to which it otherwise would be entitled. (Acts 1919, p. 320.)
Editorial Note: Code Sections 32-510, 32-512, 32-513 and 32-514 of the 1933 Code were repealed Acts 1937, p. 882.
13
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PART IV
EQUALIFICATION OF EDUCATIONAL OPPORTUNITIES.
Note: Sections of Code refer to 1945 Cumulative Pocket Part of Annotated Code. Provisions are taken from Acts 1937, pp. 882-883, as amended.
32-601. State's policy to equalize opportunities. 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. (Acts 1937, pp. 882, 883.)
32-602. Seven months' operation. Twenty days a month. 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. (Acts 1937, pp. 882, 883.)
32-603. School year. The school year shall begin on the first day of July and end on the thirtieth day of June of each year. (Acts 1937, pp. 882, 883.)
32-604. Units of administration. For the purpose of this Chapter, the several counties of the State, and the various independent school systems established by law, shall be the local units of administration. (Acts 1937, pp. 882, 883.)
32-605. Election of principals and teachers. 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. (Acts 1937, pp. 882, 883.)
Editorial Note: All local tax districts, not operated as independent systems, as far as maintenance tax for operation of schools, were abolished by Act No. 634, Acts 1946, pp. 206-217. Trustees for schools were provided for in said Act. Powers and duties of trustees are defined in Section 11 of said Act.
32-606. Superintendents and boards to execute Chapter. The superintendents and the boards of education of the respective local units referred to shall execute the provisions of this Chapter under such rules and regulations as may be adopted by the State Board of Education. (Acts 1937, pp. 882, 883.)
Editorial Note: Section 32-607 of the Code of 1933 was repealed by Acts 1939, p. 408. Therefore, no provisions are codified under this Section.
14

32-608. Local units to be divided into five groups. The State Board of Education shall divide the various local units of administration provided for by Section 32-604 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 1 shall embrace independent school systems in cities of more than 10,000 population, counties having one or more cities of more than 10,000 population, exclusive of independent systems, and counties having a population density of more than 200 per square mile.
(b) Group 2 shall embrace all independent school systems not included in Group 1 and all counties having a population density of not less than 875 and not more than 200 per square mile.
(c) Group 3 shall embrace counties having a population density of 45 or more and less than 75 per square mile.
(d) Group 4 shall embrace counties having a population density of 19 or more and less than 45 per square mile.
(e) Group 5 shall embrace counties having a population density of less than 19 per square mile. (Acts 1937, pp. 882, 884.)
32-609. Annual determination of teachers to be employed in each group. 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 miriimum term prescribed by section 32-601, upon the basis of average daily attendance for the preceding school year, as follows:
(a) For school systems in Group 1 there shall be allowed one teacher for each 40 pupils and major fraction thereof in the elementary grades, and one teacher for each 35 pupils and major fraction thereof in the high school grades.
(b) For school systems in Group 2, there shall be allowed one teacher for each 35 pupils and major fraction thereof in the elementary grades, and one teacher for each 30 pupils and major fraction thereof in the high school grades.
(c) For school systems in Group 3, there shall be allowed one teacher for each 30 pupils and major fraction thereof in the elementary grades, and one teacher for each 25 pupils and major fraction thereof in the high school grades.
(d) For school systems in Group 4, there shall be allowed one teacher for each 25 pupils and major fraction thereof in the elementary grades, and one teacher for each 20 pupils and major fraction thereof for the high school grades.
(e) For school systems in Group 5, there shall be allowed one teacher for each 20 pupils and major fraction thereof in the elementary grades,
15

and one teacher for each 15 pupils and major fraction thereof in the high school grades.
For the purposes of this section, grades one through seven, inclusive, and no others, shall be considered elementary grades, and grades eight through twelve, and no others, inclusive, shall be considered high school grades. (Acts 1937, pp. 882, 884; 1947, pp. 668, 670.)
32-610. Certifying and classifying of teachers. 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. (Acts 1937, pp. 882, 885.)
32-611. Local units may provide additional advantages. Nothing in this Chapter shall operate to prevent any local school unit from providing for local fund educational advantages in addition to those herein prescribed or that may be prescribed by the State Board of Education or from making rules for the government of such local systems not in conflict with those prescribed by the State Board. (Acts 1937, pp. 882, 886.)
32-612. Basis of classification of teachers. 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. (Acts 1937, pp. 882, 886.)
32-613. Schedules of minimum salaries. 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. (Acts 1937, pp. 882, 886.)
32-614. Common school funds and appropriations, how used. 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 Chapter and for the following purposes:
(1) To pay all teachers in the public schools of the State except
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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 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 purpose 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. (Acts 1937, pp. 882, 886.)
Editorial Note: For the use of State funds to establish schools for defective speech and hearing, see Act No. 338, Acts 1945, pp. 312, 315, Chapter 32-21A, Cumulative Pocket Part of Annotated Code. For bus drivers, see Acts 1947, pp. 1461, 1463.)
32-615. Operation beyond seven months; supplementing salaries; additional teachers. The board of education of any local unit of administration, as defined by this Chapter 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 Chapter: 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 twelfth solely from local funds. (Acts 1937, pp. 882, 887; 1947, pp. 668, 670.)
32-616. Board to fix minimum salaries and number of teachers each year. 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
17

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by each local unit of administration under the classification of local units prescribed by this Chapter. This information shall be furnished to the board of education of each local unit as soon as the same is available. (Acts 1937, pp. 882, 888.)
32-617. Budgets of local units to be filed. Within 30 days from the receipt of the information referred to in section 32-616, 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 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. (Acts 1937, pp. 882, 888.)
32-618. Approval of budget; hearing on disapproval; copies to be filed. 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 30 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 Chapter, 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. (Acts 1937, pp. 882, 889.)
32-619. Funds, how drawn. State funds to meet the operating expenses provided for by such school budgets shall be withdrawn from the
18

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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. Transfers of funds within its budget may be made by local boards providing such transfers do not conflict with the provisions of this Chapter. (Acts 1937, pp. 882, 889.)
32-620. Federal and State funds for vocational education. Nothing in this Chapter shall affect the distribution of Federal funds allotted to Georgia under the Smith-Hughes Vocational Education Act, or other Act3 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 Chapter 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. (Acts 1937, pp. 882, 890.)
32-621. Equalization fund not affected. Nothing in this Chapter shall be construed to affect or modify section 32-948, 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. (Acts 1937, pp. 882, 890.)
32-622. State Board to administer; Superintendent as secretary. The State Board of Education shall administer this Chapter, and enforce its provisions. The State Superintendent of Schools shall be the executive and administration secretary of the State Board of Education for that purpose. (Acts 1937, pp. 882, 890.)
32-623. Editorial Note: This Section dealt with the salary of the State Superintendent of Schools. This salary was fixed by an Act approved 1947, Acts 1947, pp. 673.
32-624. Supervisors and employees. In administering this Chapter, 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. (Acts 1937, pp. 882, 891.)
32-625. Effective date of Chapter. This Chapter shall become effective July 1, 1937, but the State Board of Education, in its discretion, may defer the operation of so much of this Chapter as fixes a minimum school term of seven months if funds sufficient to operate the schools
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for seven months shall not be available on the effective date of this Chapter until such time as such funds may be available for that purpose. (Acts 1937, pp. 882, 891.)
PART V
TEXTBOOKS IN PUBLIC SCHOOLS.
Note: All of Chapter 32-7 of Code of 1933 was repealed by Acts of 1937, Georgia Laws, 1937, pages 896, 897, with the exception of Code Sections 32-705 and 32-706. Sections 32-705 and 32-706 are, therefore, taken from Code of 1933. Section 32-707 and succeeding Sections through 32-723 are taken from the Act of 1937 and appear in Cumulative Pocket Part of Annotated Code.
32-705. Addition to the State course of study. Bible reading. Health and hygiene, the nature of alcoholic drinks and narcotics, the elements and principles of agriculture, and the elements of civil government shall be taught in the common or public schools as thoroughly and in the same manner as other like required branches, and the board of education of each county and local system shall adopt proper rules to carry the provisions of law into effect: Provided, however, that the Bible, including the Old and New Testaments, shall be read in all the schools 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 by 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. 2961921, p. 156.)
Editorial Note: Ordinance of city requiring reading of Bible in Public School does not violate Constitution. Wilkerson, et. al. v. City of Rome, et. al., 152 Ga. 762.
32-706. Instruction in essentials of United States and State Constitutions. Study of American Institutions and Ideals. All schools and colleges 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 any school or 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 Georgia. (Acts 1923, p. 130.)
Cross-reference: State Superintendent of Schools to prepare textbook on Civil Government. See Code Section 32-509.
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Note: Regulations promulgated by School Board requiring students to salute flag valid. See Leoles v. Landers, 184 Ga. 580; 302 U. S. 656; 82 L. Ed. 507.
32-707. Board to prescribe textbooks for public schools. Multiple listings. The State Board of Education is authorized and empowered to prescribe by regulation the textbooks 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 :'n 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. (Acts 1937, pp. 896, 897.)
32-708. Selection and purchase of free textbooks. Books to contain nothing partisan or sectarian. The State Board of Education may provide for the selection and purchase of free textbooks 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. (Acts 1937, pp. 896, 897.)
32-709. Committees of educators to examine books and recommend. The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this State to examine textbooks 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. (Acts 1937, pp. 896, 898.)
32-710. System of free textbooks to be inaugurated. The State Board of Education is hereby authorized and directed to inaugurate and administer a system of free textbooks 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. (Acts 1937, pp. 896, 898.)
32-711. Board to provide for purchasing, repairing and furnishing free textbooks. The State Board of Education shall, under such rules and regulations as it may deem advisable, provide for purchasing, covering, repairing and furnishing such free textbooks 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 Chapter. (Acts 1937, pp. 896, 898.)
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32-712. Repairing and rebinding books. 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 Chapter, for the purpose of restoring and extending the use of the books. (Acts 1937, pp. 896, 898.)
32-713. Purchases on condition that price as low as that offered any other school. 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. (Acts 1937, pp. 896, 898.)
32-714. Elementary and high school grades. For the purposes of this Chapter the elementary grades shall embrace grades one to seven, inclusive, and no other; and the high school grades shall embrace grades eight to twelve inclusive, and no other. (Acts 1947, pp. 668, 670.)
32-715. Board authorized to contract. In order to effectuate the purposes of this Chapter, the State Board of Education is authorized to enter upon such contracts as may be necessary for that purpose. (Acts 1937, pp. 896, 898.)
32-716. Provisions may be extended to State institutions. The State Board of Education may, in its discretion, extend the provisions of this law, 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 textbooks prescribed by the State Board of Education in conformity with this Chapter are used. (Acts 1937, pp. 896, 899.)
32-717. Purchases, .etc., on competitive sealed bids. All purchases, listings, or adoptions of textbooks 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 30 days prior to the date set for receiving proposals, as determined by the State Board. (Acts 1937, pp. 896, 899.)
32-718. Board may publish textbooks. If the State Board of Education shall find it advantageous to the State to provide for publishing any or all of the textbooks 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 now or hereafter used in
22

Georgia as it may deem advisable on such basis as may be reasonable. (Acts 1937, pp. 896, 899.)
32-719. Expenses and cost of books paid from appropriation. Preference to elementary grades. The expense of administering this Chapter, and the cost of purchasing, publishing, covering, repairing and furnishing such free textbooks shall be paid by the State Board of Education from such funds as may be provided by the General Assembly for that purpose: Provided, however, that, if funds sufficient to furnish free textbooks 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 textbooks to the higher grades as rapidly as funds are available for that purpose. (Acts 1937, pp. 896, 899.)
32-720. May contract with local boards to purchase or for use of textbooks. 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 textbooks, for the purchase or use of such textbooks, upon such terms as may be mutually agreed upon. (Acts 1937, pp. 896, 900.)
32-721. Local boards may furnish free or may rent books. Nothing in this Chapter shall be construed to prevent the boards of education of various counties and independent systems from furnishing free textbooks or school supplies from local funds or furnishing such textbooks and school supplies on a rental basis, for all grades in addition to the free textbooks supplied by the State Board of Education. (Acts 1937, pp. 896, 900.)
32-722. Where books changed local boards to be compensated for books being furnished or rented. 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. (Acts 1937, pp. 896, 900.)
32-723. Board given general power to provide for school book system. 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. (Acts 1937, pp. 896, 900.)
FURNISHING BOOKS OTHER THAN UNIFORM TEXTBOOKS.
Editorial Note: All of Chapter 32-8 Furnishing Books other than Uniform Textbooks was repealed by Acts 1937, pp. 896, 901.
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Mi
PART VI
COUNTY BOARDS OF EDUCATION.
32-901. School districts. Each and every county shall compose one school district, and shall be confided to the control and management of a county board of education. (Acts 1919, p. 320.)
Editorial Note: The provisions of this Section were made a part of the Constitution of 1945. See Paragraph 1, Section 5, Article 8 of the Constitution. (Section 2-6801, Cumulative Pocket Part Annotated Code).
The County Board of Education is a political subdivision of the State. It is the agency through which the County acts in school matters. See: Board of Education v. Southern Michigan National Bank, 184 Ga. 641.
Management of public schools of county is confined to county board of education. See Keever, et al. trustees, v. Board of Education, 188 Ga. 299. Downer, et al. trustees, v. Stevens, superintendent, et al. 194 Ga. 598.
32-902. Membership in county boards.
Editorial Note: Paragraph 1, Section 5, Article 8 Constitution of 1945 (Cumulative Pocket Part Annotated Code, Section 2-6801) conflicts with the provisions of this Section. See: Constitutional provision of this Code. The Constitutional provisions superseded the statute where they conflict. The statute does contain one qualification of board members which is not dealt with in the Constitution and since it does not conflict with the Constitution it would seem to be of force. The provision is as follows:
no publisher of school books, nor any agent for such publisher, nor any person who shall be pecuniarily interested in the sale of schoolbooks, shall be eligible for election as members of any board of education or as county superintendent of schools:
Editorial Note: Membership of county board of education is public office. See: Clarke, et al. v. Long, et al. 152 Ga. 619.
Editorial Note: Local Acts, not being of general interest throughout State, and in some instances in conflict with general law are not included.
32-903. Qualifications of members. The grand jury in selecting the members of the county board of education 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
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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.)
Editorial Note: Local Act approved March 26, 1947, Acts 1947, pp. 682, 683, provides that in counties having population of not less than 5,910 nor more than 6,000 according to the 1940 census it shall be lawful for grand jury to select one or more members of Board from any militia district. It seems to be a local act in conflict with general law.
32-904. Compensation of members. The members of the board of education in each county shall be paid a per diem not to exceed $2 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.)
Editorial Note: Acts 1943, p. 270 amends this Section by raising the per diem to $5. With the provisio that "nothing herein shall apply to any county in the State having a population of 80,000 or over, according to the last United States Federal Census or any future Census".
32-905. Certificate of election; removal; vacancies. 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 Superintendent of Schools a certified statement of the facts, under the seal of the court, as evidence upon which to issue commissions. This statement must give the names of the members of the board chosen and state whom they succeed, whether the offices were vacated by resignation, death or otherwise. The evidence of the election of a county superintendent of schools 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 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 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.)
Editorial Note: Paragraph 1, Section 5, Article 8 of the 1945 Constitution (Annotated Code, Pocket Part, Section 2-6801) provides that in cases of vacancy "the Board shall by secret ballot elect his successor, who shall hold office until the next grand jury convenes at which time said grand jury shall appoint the successor members of the board
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for the unexpired term." Therefore, that part of Section 32-905 giving judges of the superior courts power to fill vacancies on the Board must yield to the Constitution provision. See: Paragraph 3, Section 1, Article 12, Constitution of 1945. (Code Section 2-8001, Cumulative Pocket Part Annotated Code).
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 Superintendent of Schools. (Acts 1919, p. 322.)
32-907. Officers of county boards; quorum; record of proceedings. The board of education shall select one of their number president, who shall serve as such during the term for which he was chosen as 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 the inspection of any person interested therein, and all such proceedings, when so recorded, shall be signed by the president and countersigned by the secretary. (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 courthouse of the county, for the transaction of business pertaining to the public schools, with power to adjourn from time to time; and in case of the absence of the president or secretary, they may appoint one of their own number to serve temporarily. (Acts 1919, p. 323.)
32-909. School term. School property and facilities. The county boards of education shall have the power to purchase, lease, or rent school sites; build, repair or rent schoolhouses, 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 schoolhouses or other property 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 schoolhouse 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, but the children of the white and colored races
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shall not be taught together in any common or public school. In respect to the building of schoolhouses, the said board of education may provide for the same by a tax on all property located in the county and outside the territorial limits of any independent school district. 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 Board of Education. (Acts 1919, p. 323; 1937, pp. 882, 892. Acts 1946, pp. 206, 217.)
Editorial Note: County boards have the power of eminent domain. See: Acts 1947, pp. 1130, 1131, wherein it is provided as follows:
"Section 1. That the County Boards of Education are hereby authorized and empowered to take and damage, by condemnation, private property for public school purposes, either for public school building sites, playgrounds, athletic fields or other purposes in connection with the common schools, high schools, or any public educational program which is now or may be hereafter authorized by law.
Section 2. Be it further enacted that condemnation proceedings by the County Board of Education as authorized by this Act shall take the form provided in Chapter 36-1 through 36-6 of the Code of Georgia of 1933, as amended."
32-910. The county board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary; and when they have made a decision, said decision shall be binding upon the parties. Either of the parties shall have the right of appeal to the State Board of Education, and said appeal shall be made through the county superintendent of schools 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 county superintendent of schools. (Acts 1947, p. 1190.)
32-911. Vaccination of pupils of public schools. The boards of education of each county and independent school system may 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 1880-1, p. 97; 1919, p. 325; Acts 1946, pp. 206, 217.)
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 meet-
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ings 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 in 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 of schools at the expiration of each term of school, a full and complete report of the whole number of pupils admitted to the school during said term, distinguishing between males and females and colored and white, with the names thereof; the entire and the average attendance, the branches taught, the number of pupils engaged in the study of each of the said branches, and such other statistics as they may be required to report by the county superintendent of schools or by the State Superintendent of Schools. Until such report shall have been filed by a teacher, it shall not be lawful for said county superintendent of schools to audit the account of said teacher for his or her services. (Acts 1919, p. 325.)
32-915. Consolidation of schools. 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 into one school, to be located by said board at a place convenient to the pupils attending the same, the schoolhouse to be located as near the center of the district or districts as practicable. (Acts 1919, p. 326; Acts 1946, pp. 206, 217.)
32-916 and 32-917. Both Code Sections were repealed by Section 4, Acts 1946, p. 208.
32-918. Repealed by Acts 1937, pp. 882, 891.
32-919. Repealed by Acts 1947, pp. 1461, 1463.
Editorial Note: Act approved March 28, 1947, Acts 1947, pp. 1461, 1463, supersedes this Section. Sections of the Act are herein set forth.
Section 1. The State Board of Education is hereby authorized and empowered to use a part of the common school fund to pay the salaries of bus drivers employed by the several county boards of education. That said State Board of Education is hereby authorized and empowered to administer any and all appropriations that may be made by the Federal
28

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congress, its agencies, or bureaus to assist the State of Georgia in the maintenance and operation of pupil transportation; and to administer all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; said State Board of Education is further authorized and empowered to accept and receive donations and gifts of both real and personal property including vehicles and other equipment from either public or private sources as may be offered for the support, maintenance, and operation of pupil transportation. The State Board of Education is hereby authorized and empowered to establish a minimum salary schedule for all bus drivers provided there shall be a differential in the minimum salary schedule for student, teacher, and adult bus drivers and also for drivers of publicly owned buses and privately owned buses. Nothing in this Act shall prohibit county boards of education from supplementing or paying salaries in excess of the minimum salary schedule prescribed by the State Board of Education. All vehicles hereafter purchased or placed in use for the transportation of pupils, whether owned or hired by the county board of education, shall conform to minimum standards prescribed by the State Board of Education, and the state certification requirements of motor vehicle operators employed to transport school children shall be subject to the approval of the State Board of Education.
Section 2. County boards of education are hereby authorized and given power to purchase motor vehicles and other equipment for the purpose of transporting pupils and school employees to and from the public schools, to employ drivers and provide for the operation and maintenance of such equipment. County school boards are hereby authorized to expend money out of school funds for the purchase of such school transportation equipment and to repair, maintain, and operate same.
Section 3. Whenever the county board of education deems it for the best interest of the schools of the county it shall also have the right and power to contract with individuals and/or corporations for the transportation of pupils and school employees to and from school.
Section 4. No member of the State Department of Education or county school superintendent or member of the county board of education shall be financially interested in procuring and operating means or facilities for school bus transportation or in selling school buses, school bus equipment, or school bus supplies to county board of education.
32-920. Statement by county superintendents of sums due. On the first day of each month the county superintendent of schools of each county shall, under the approval of the county board of education, transmit to the State Superintendent of Schools an itemized statement of the various sums due and unpaid by the county board of education whether the same be for teachers' salaries, for pay of the county superintendent of schools or for any other item of expense properly charged under the law to the county board of education, and when said itemized statements have been
29

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approved by the State Superintendent of Schools and presented to the Governor, the Governor shall issue his warrants upon the Treasurer for all the funds standing to the credit of each of the several counties upon the books of the Treasurer, or for such part thereof as may be needed to liquidate the indebtedness of the county board of education of such county, as shown by each itemized statement aforesaid. The State Treasurer shall, upon the presentation of the warrants aforesaid, draw his checks for the amount of said warrants in favor of the county superintendent of schools of the several counties, and the State Superintendent of Schools shall immediately transmit said checks to the several county superintendents of schools, who shall promptly disburse the money so received in payment of the sums set out in the itemized statement aforesaid; and if the money is not sufficient to pay said sums in full, it shall be pro rated among the various items: Provided, that the expenses of administration for each month shall first be paid in full, and the county boards of education are hereby authorized to make their contracts in such manner that the amounts payable to teachers for services rendered shall become due and payable monthly. (Acts 1919, p. 327.)
32-921. Power to borrow money. 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 the loan is made. (Acts 1919, p. 328; 1937, pp. 880, 882.)
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 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, for what purposes 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. C28.)
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 on money borrowed. 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.)
30

32-925. Reports to grand juries. At the openir.g term of the superior court of each county, 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 borrowed. After the resolution aforesaid has been passed by any board of education, the president of the board of education, together with the county superintendent of schools, shall have the right to execute a note or notes in the name of the board of education of said county for any money that is authorized to be borrowed, under the resolution passed by said board of education. (Acts 1919, p. 329.)
32-927. How money 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. 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. Expenditures in excess of 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 Superintendent of Schools 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 to 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, organization of. The county board of education may organize in each county one or more manual labor schools
31

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. 86; 1919, p. 330.)
32-932. Evening or part-time schools, establishment of. 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 14 years of age who are prevented by their daily vocations from attending the all-day schools, subject to such regulations as may be provided by the State Board of Education. (Acts 1919, p. 330.)
32-933. High schools; establishment; number. 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 trade 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.)
32-935. School funds. 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 for the year in which said income or taxes are due and payable. (Acts 1919, p. 288; 1919, p. 331.)
32-936. Repealed by Acts 1937, pp. 882, 891.
32-937. Free tuition; colored and white children separate; admission of veterans of World War II. Admission to all common schools shall be gratuitous to all children between the ages of six and 18 years residing in the districts in which the schools are located. Colored and white children shall not attend the same schools; and no teacher receiving or teaching white and colored pupils in the same schools shall be allowed any compensation out of the common school fund. Honorably discharged veterans of World War II may attend the common schools of this State, regardless of age, under rules and regulations promulgated by the State Board of Education. The State Board of Education is authorized to require the payment of fees for tuition or to provide the facilities free
32

of charge if, in its judgment, it is most conducive to the welfare of the State and the veterans desiring to attend the common schools of this State! (Acts 1919, p. 331; 1945, p. 397.)
32-938. County line schools. In special cases to meet the demand of convenience, children residing in one county may by express permission of the county board of education attend the common school of another county, and when a common school is located near a county line, children from an adjoining county shall be permitted to attend the school: Provided, such children reside near such schools or said school is more accessible to the residence of such children than any public school in the county of their residence. In such cases the teachers shall report separately the pupils from each county, but make the reports to the superintendent of schools 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 superintendents concerned representing their respective boards, and provisions shall be made for such children just as for others. The word 'near' as used herein shall mean within two miles of the school of the adjoining county, measured by the shortest route by public road. When the county officials fail to arrange or contract for the attendance of such children, as aforesaid, the parents of such children shall have the right, by mandamus, to compel the county Board of Education of the county of their residence to make such a contract, or to appeal to the State Board of Education. The decision of the State Board of Education shall be final and binding on the local board. (Acts 1919, p. 331; 1946, pp. 208, 217.)
32-939. Repealed by Acts 1937, p. 882.
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 of schools, 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.)
33

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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 any other bonds or stocks, except when investment is necessary to carry out the conditions of an endowment, devise, gift, or bequest; and when taxes are paid into the treasury of the State the Comptroller General shall in no case receipt a tax collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amount paid in. (Acts 1919, p. 333.)
32-943. School property exempt from levy and sale. Each and every lot or parcel of land which has been or may hereafter be obtained by any county board of education, or independent school district, 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 10 acres; and if there be any excess over that number of acres, then that portion not to exceed 10 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 board of trustees of independent school system. (Acts 1919, p. 331; 1926, Extra Sess., p. 17; Acts 1946, p. 209.)
32-944. Extension -work in agriculture and home economics; powers conferred. Power is hereby conferred upon the county tax levying authorities of the several counties, 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, Sections 8413, 8414, 8518, U.S.C.A. Title 7, Agriculture, sections 341 to 348), and resolution of the General Assembly, 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. Tho board of education of the several counties may employ and pay county agents and home demonstration agents to carry on said extension work. (Acts 1933, p. 82; 1923, pp. 82, 88.)
32-945. Annual budget to be filed with State Board of Education. Each county and independent public school system receiving funds from the State shall annually, through its executive officer, make out and submit to the State Board of Education an estimated budget of its receipts from all sources and its proposed expenditures for the next year, according to blank forms to be prescribed and furnished by the State Board of Education, and upon such dates as may be required by the State Board of Education, and the filing of such estimated budgets shall be made before the State Superintendent of Schools may transmit
34

to such public school systems any of the State School funds for the year for which such budget is made. (Acts 1925, p. 135.)
32-946. Repealed by Acts 1937, p. 882.
32-947. Repealed by Acts 1937, p. 882.
32-948. Extra appropriation to common school funds. 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. The State Board of Education, in its distribution of said equalization fund to county boards of education, 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, Extra. Sess., pp. 39, 40.)
32-949. Sale of supplies or equipment by member of county board of education, for public school use, prohibited. No member of any county board of education in this State shall sell to any county board of education any supplies or equipment used, consumed or necessary in the operation of any public school in this State. (Acts 1943, pp. 273, 274.)
Cross-reference: Violation of this Section a misdemeanor. See Section 32-9908.
32-950. Effect of partial unconstitutionality of law. Should any provision of this law (Sections 32-949, 32-1014, 32-9908) be declared unconstitutional, it is hereby declared to be the intent of the General Assembly that the part of the law not declared unconstitutional would have been enacted without the unconstitutional provisions. (Acts 1943, pp. 273, 274.)
PART VII
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. 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: Pro-
35

vided, 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 quasiindependent 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. II, Par. I (Section 2-8301.) 172 Ga. 497, 500 (158 S. E. 11).)
Cross-reference: Paragraph 1, Section 6, Article 8, 1945 Constitution. Cumulative Pocket Part, Code Section 2-6901.
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, 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, holding 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 of Education 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 were formerly required of the county school commissioner. Before being eligible to qualify for election, candidates for the position must file with the State Board of Education a certificate showing at last one of the above qualifications. This certificate must be signed by the president of the county board of education. (Acts 1919, p. 350.)
Editorial Note: Acts 1939, page 196, amended this Section so as to change the qualifications of the County School Superintendents in counties having a population of 40,000 and above.
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 the ordinary to send a certified copy of the superintendent's bond to the State Superintendent of Schools, which copy shall be recorded and kept on file at the State Board of Education. (Acts 1919, p. 350; 1925, p. 250.)
32-1006. Each county superintendent of schools shall be certified and classified by the State Board of Education as teachers are now classified and certified under the provisions of Acts 1937, pp. 882-885, known as
36

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an Act to equalize educational opportunities throughout the State. The County superintendents of schools shall receive salaries in amounts fixed by the State Board of Education, based on classification and certification in the same manner teachers are paid under said Act. Provided, however, that in no event shall the salary of a county school superintendent be less than $70.00 per month, said salaries to be paid monthly out of the school funds of the State, and in addition thereto, the county board of education shall allow for additional compensation for the services to be rendered, as may be in their judgment proper and just. (Acts 1919, p. 350; 1943, pp. 274, 275; 1946, p. 73; 1947, p. 1169.)

32-1007. Oath. Before entering upon the discharge of his duties the

said county superintendent of schools shall take and subscribe to the

same oath required of the other officers of this State. (Acts 1919, p.

1

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 Board of Education. (Acts 1919, p. 351; 1947, p. 1189.)

Editorial Note: Section 32-1008 of Code was declared unconstitutional

in that it did not provide for notice and hearing before removal. Guy vs.

Nelson, Ga

SE. Decided Nov. 15, 1947.

32-1009. Duties. The county superintendent of schools shall constitute the medium of communication between the State Superintendent of Schools 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 textbooks are used by the pupils; shall audit all accounts before an application is made to the county board for an order for payment; he shall procure a book in which he shall keep a record of his official acts, which, together with all the books, papers and property appertaining to his office, he shall turn over to his successor. It shall be his duty to enforce all regulations, rules, and instructions of the State Superintendent of Schools and of the county board of education according to the laws of the State and the rules and regulations made by the said board of education that are not in conflict with the State laws; and he shall, together with the State supervisors, superintend the county normals and institutes for the teachers of his county, and shall visit every school, both white and colored, within his school district which receives State aid, at least once every 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.)

37

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32-1010. Examination and suspension of teachers. The county superintendent of schools shall superintend examinations of all teachers of his county as provided by law. He shall suspend any teacher under his supervision for nonperformance of duty, incompetency, immorality or inefficiency, and for other good and sufficient causes. From his decisions the teacher may appeal to the county board of education, and either the superintendent or the teacher, being dissatisfied with the decision of the board, may appeal to the State Board of Education, the decision of which shall be final. (Acts 1919, p. 352; 1947, p. 1181.)
32-1011. Seal to be placed upon teacher's license. County superintendents of schools shall place upon all teachers' 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 courthouse. The county authorities of the different counties shall furnish the county superintendent of schools thereof an office in the courthouse, provided there is sufficient room in said courthouse after furnishing the county officers with offices as now provided by law. (Acts 1919, p. 352.)
Editorial Note: Acts 1939, p. 195 makes it mandatory in counties with population of 40,000 to 60,000 to furnish offices in courthouse when Board of Education makes request.
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.)
32-1014. Reports. It shall be the duty of the county superintendent of schools to make a report of the school operations of the preceding fiscal year to the grand jury, at the fall terms of the court, and to place his books before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention. (Acts 1919, p. 353; 1939, p. 198; 1943, p. 273.)
Note: Code Sections 32-1015 and 32-1016 were repealed by Acts 1937, p. 882.
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.
32-1018. Grading of applicants for teachers' licenses. It shall be the duty of the county superintendent of schools to grade the applicants according to the instructions furnished them by the State Superintendent of Schools, submitting his report and recommendations thereon in writing to the county board of education, who shall grant to the applicants
38

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licenses of the first, second or third grade, to be determined by the

qualifications exhibited and the standard attained: Provided, they shall

attain at least the lowest grade mark fixed by the State Superintendent

of Schools for each grade: and Provided further, that each applicant

submits with his or her examination paper satisfactory evidence in writ-

ing of good moral character. A license of the first grade shall continue

in force for three years, a license of the second grade for two years, and

a license of the third grade for one year, which said license shall be

good in any of the common schools of the county where issued. Licenses

^

to be good in another county other than the one in and for which they

are issued, must be indorsed by the county superintendent of schools of

the county in which the applicant desires to teach. (Acts 1919, p. 354.)

32-1019. Revocation of teachers' 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. (Acts 1919, p. 355.)

32-1020. Duties of teachers. After legal qualification 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 of schools. (Acts 1919, p. 356.)

32-1021. Vocational studies; certificates. In vocational agriculture, trade and industrial and home economics education, the certification of teachers by the State Board of Education is authorized. (Acts 1919, p. 356; 1931, pp. 7, 40.)

32-1022. Teachers' oath. Every teacher in the public schools of this State whether elementary, high school, college or university, and all other employees of the State or subdivision thereof drawing a weekly, monthly, or yearly salary, shall before entering upon the discharge of their duties, take and subscribe a solemn oath to uphold, support, and defend the Constitution and laws of this State and of the United States, and to refrain from directly or indirectly subscribed to or teaching any theory of government or economics or of social relations which is inconsistent with the fundamental principles of patriotism and high ideals of Americanism. (Acts 1935, pp. 1305, 1306.)

Editorial Note: Section cited in saluting flag case. Leoles v. Landers, et al. 184 Ga. 580.

39

32-1023. Form of oath prescribed by State Superintendent. The form of such oath shall be prescribed by the State Superintendent of Schools, and the oath of each teacher shall be filed in the office of the Superintendent of Schools of the county or other school system in which such teacher is employed; other employees shall file their oaths with the department in which they may be employed; which oaths shall be annually renewed. (Acts 1935, pp. 1305, 1306.)
32-1024. Teacher not to be employed unless oath taken. No teacher or employee who shall fail or refuse to take and subscribe such oath shall be employed in any school, college, or university or other office or position of this State, or be paid from the public-school fund or by any other public fund. (Acts 1935, pp. 1305, 1306.)
PART VIII
LOCAL TAX FOR PUBLIC SCHOOLS.
32-1101. Pursuant to the amendment to the Constitution adopted in 1945, each county of this State, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a county Board of Education. (Acts 1946, p. 209.)
32-1102. Repealed by Acts 1946, p. 209.
32-1103. Repealed by Acts 1946, p. 209.
32-1104. The county Board of Education of each county, exclusive of those counties having local school systems created prior to the adoption of the Constitution of 1877, may within thirty days from the enactment of this law appoint not less than three nor more than five local school trustees for each school in the county. Each person so appointed shall be a free holder and manifestly interested in education, and be a resident of the county where he is appointed. Each person so appointed shall have a term of four years, and should any vacancy occur due to death, resignation, change of residence from the county where appointed, or otherwise the county Board of Education shall, at its next regular meeting after such vacancy occurs, appoint a successor to fill said vacancy. The trustees so elected or appointed shall elect one of their members as chairman and another as secretary. All trustees shall serve without compensation; provided, nevertheless, the trustees of each School District as constituted prior to August 7, 1945, shall be the trustees of each school in said district until their respective terms expire. (Acts 1946, p. 209.)
32-1105. The duties of the school trustees appointed or elected by the county Board of Education, as aforesaid, shall be advisory in nature. They shall make recommendations to the county Board of Education as to budgets, employment of teachers, and other authorized employees,
40

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and as to other matters relating to the school of which they are trustees.

Such recommendations shall be merely advisory and the county Board of

Education is not bound to observe or follow the same. They shall serve

without compensation. The bonded treasurer of each consolidated or

local school district now serving as such shall, within thirty days from

the effective date of this Act, turn over to the county Board of Educa-

tion all school funds now held by him or deposited in his name or in the

name of the local or consolidated school district in any county or State

depository, either derived from maintenance tax or from taxes levied to

retire bonded indebtedness of the school districts in which he serves,

and shall take a receipt therefor from the secretary of the County Board

of Education, and shall also turn over to said Board all books, papers,

receipts, documents and other property belonging to the school district

of which he is treasurer. Upon the failure of said treasurer to do so, the

county Board of Education may, by mandamus, compel him to do so.

1

(Acts 1946, p. 210.)

32-1106. The county tax collector shall continue to collect unpaid county school taxes formerly levied and payable under the provisions of Section 32-1106, and shall be entitled to commission of 2% per cent, for collecting the same. He shall pay over to the Board of Education all monies collected for the schools once a month. He shall also collect all county school taxes levied under the authority of Article 8, Section 12, Paragraph 1 of the Constitution of this State, upon which collections he shall receive a commission of 2% per cent. He shall likewise pay over to the county Board of Education once a month, all monies collected under such levies. In those counties where the Tax Collector or Tax Commissioner is on a salary basis the fees herein provided for shall be collected by him and paid over to the proper fiscal authorities. (Acts 1946, p. 211.)

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

7

section, shall be paid by the county and shall not be taken from the com-

mon or public school fund. (Acts 1919, p. 338.)

32-1108. Repealed by Acts 1946, p. 211.

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 for school purposes, shall have the right to submit the question of local tax for public schools to the qualified voters of the municipality. Upon petition of one-fourth of the qualified voters of such municipality, the municipal authorities shall order an election to be held not earlier than 40 days after receiving such petition. Notice of such election shall be published in a newspaper in the municipality at least once a week for two weeks before the election, or if there be no such newspaper, then notice of

41

^**mmmmmmmmmmmmmmmmmmm
such election shall be posted in at least three conspicuous places within the municipality 10 days prior to the election. Those favoring local taxation for public schools shall have written or printed on their ballot "For local taxation for public schools", and those opposed shall have written or printed on their ballots "Against local taxation for public schools." The returns of such election shall be made and the result declared, as prescribed for other elections in and for the municipality. Two-thirds of those voting shall be necessary to carry the election for local taxation. An election for the purpose herein named shall not be held oftener than once every 12 months. (Acts 1919, p. 339.)
32-1110. Repealed by Acts 1946, p. 211.
32-1111. Local school systems. Authority is given by the Constitution to municipalities now authorized by law to operate independent school systems to maintain public or common schools in their respective limits by local taxation. It is not in accordance with the laws 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; 1946, p. 211.)
32-1112. Repealed by Acts 1946, p. 211.
32-1113. Within thirty days from the effective date of this Act the secretaries of all school districts which formerly levied a local tax for educational purposes shall turn over to the county Board of Education all of his official books, records, receipts, school funds, vouchers, and other school property held by him, together with all tax digest which he was required to keep. (Acts 1946, p. 212.)
32-1114. Repealed by Acts 1946, p. 212.
32-1115. Repealed by Acts 1946, p. 212.
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 required to make their returns to the Comptroller General, which is in the taxable limit of any school district shall be 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 addition to the facts now required to be included in their returns to the Comptroller General, to show in said returns the value of such corporation's property in each of said school districts through which it runs. 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 superin-
42

^OBHHMHHBBH^Ht^HMH

tendent 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 cor-

porations shall be distributed to said school districts on the same basis

that rolling stock, franchises and other personal property are distributed

to counties and municipalities under the law; that is, as the value of the

property located in the particular district is to the whole located property,

real and personal, of said corporations, so shall the amount of rolling

stock, franchises, and other personal property 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 applicable to the assessment and collection of taxes of all such companies and corporations which are required by law to make their returns to the State Revenue Commissioner by and for school districts upon the property and franchises of such companies located in such school districts and upon the rolling stock, franchises and other personal property distributed under the provisions of this Chapter. The county Board of Education shall annually recommend to the fiscal authorities of the county the rate of levy to be made for taxes for the support and maintenance of education in the county, (exclusive of property located in independent school districts), and likewise notify the State Revenue Commissioner of the rate of the levy to be made on such property in said county for the support and maintenance of education. (Acts 1919, p. 343; Acts 1946, p. 212.)

32-1119. Repealed by Acts 1946, p. 212.

32-1120. Repealed by Acts 1946, p. 213.

32-1121. Repealed by Acis 1946, p. 213.

32-1122. Repealed by Acts 1946, p. 213.

32-1123. The treasurer or the secretary and treasurer shall, within thirty days from the effective date of this Act, turn over to the county Board of Education all official books, records, and vouchers, together with any other property belonging to the school district which he represents. (Acts 1946, p. 213.)

32-1124. Repealed by Acts 1946, p. 213. 32-1125. Repealed by Acts 1946, p. 213. 32-1126. Repealed by Acts 1946, p. 213.
32-1127. Power to levy and collect taxes. Power is hereby delegated to, and conferred upon, the several counties to levy and collect taxes

43

for educational purposes in such amounts as the con nty authorities shall determine, the same to be appropriated to the use of the county board of educatior , and the educational work directed by them. (Acts 1933, pp. 81, 82.)
32-1128. Repealed by Acts 1946, p. 213.
32-1129. Repealed by Acts 1946, p. 213.
32-1130. Repealed by Acts 1946, p. 213.
32-1131. Repealed by Acts 1946, p. 213.
32-1132. Repealed by Acts 1946, p. 213.
32-1133. Repealed by Acts 1946, p. 213.
32-1134. Repealed by Acts 1946, p. 213.
32-1135. Repealed by Acts 1946, p. 213.
PART IX
MERGER OF INDEPENDENT SCHOOL SYSTEMS.
32-1201. Municipality or independent school district authorized to repeal special school law. Procedure, etc. Whenever the citizens of a municipality or independent school district authorized by law to establish and maintain a system of schools by local taxation, in whole or in part, and which is operating a system of public schools independent of the county school system, wish to annul their special school law and become a part of the county school system, they shall present and file with the mayor or chief executive officer of the city a petition signed by onefourth of the qualified voters of their territory, and said mayor or chief executive officer shall then within not less than 20 days and not more than 60 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 10 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 declare the result, and a majority of those voting shall be necessary to carry the election. Only qualified voters residing within the municipality or district for six months prior to the election shall vote. An election shall not be held for the same purpose oftener than every 12 months. (Acts 1926, Extra. Sess., p. 40.)
32-1202. Proceedings after election. When the results of said elec-
44

^MHiMOHMMHHBBBl
tion 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 public school system. (Acts 1926, Extra. Sess., p. 40.)
32-1203. Territory formerly included constitutes school district. Where any local or independent system is repealed by and in the 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 district. (Acts 1926, Extra. Sess., p. 40.)
PART X
PAYMENT OF TEACHERS.
32-1301. Governor's authority to make debt to pay teachers. Pursuant to the amendment to Article VII, Section III, Paragraph I (Section 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 for the purpose of paying the public school teachers, 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. 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 the last day of the fiscal year of this State during which the money is borrowed, and the principal amount so borrowed shall be repaid each fiscal year out of the common school appropriation, and the interest thereon shall be paid each fiscal year out of the general funds of the State, accrued during the fiscal year of issue of said notes. Said notes shall be signed by the Governor and countersigned by the Comptroller General and Secretary of State. (Acts 1927, p. 168; 1943, pp. 344, 345.)
Editorial Note: 1945 Constitutional provision to contract debt to pay teachers, Paragraph 1, Section III, Article VII. Code Section 2-5601, Pocket Part, Annotated Code.
Cross-reference: County board may borrow money to pay teachers, Code Section 32-921.
32-1302. Authority to use allocated funds to pay teachers. The Gov-
45
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MM
ernor is further authorized and empowered, at any time in his discretion, to impress, use, and employ for the payment of public school teachers, 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 fiscal 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.)
PART XI
BUILDING SCHOOLHOUSES.
32-1401. The county Board of Education of each county shall succeed to and be vested with all of the rights, powers and duties formerly vested in the local or consolidated school district trustees with respect to the building and equipping of school houses in the county, preparing tax digests and furnishing same to the tax collector of the county in the manner formerly provided by Section 32-1113 of the Code of 1933. (Acts 1946, p. 213, 214.)
32-1402. In any local or consolidated school district in any county where there is an outstanding bonded indebtedness created for the purpose of building school houses or equipping school houses, the County Board of Education shall, upon the effective date of this Act, become the trustee of all funds which shall have been or may be collected from taxes or received from other sources, for the purpose of retiring the principal and interest on said bonds, or for creating a sinking fund for said purpose. The County Board of Education is charged with the duty of disbursing said funds to the bond holders in accordance with the terms under which the bonds were issued, and the duty of constructing any buildings, acquiring any building sites, or any equipment for which the bonds were issued. The county Board of Education shall also annually, within the time required by law, or the terms of said bond issue, recommend to the fiscal authorities of the county, the levy upon the property subject to taxation in the district originally voting said bonds, 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, in accordance with the terms under which said bonds were issued; this to be in addition to the general tax for the maintenance of the schools of said districts.
46

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Within thirty days from the effective date of this Act, the bonded treasurer or bonded secretary and treasurer of each local or consolidated school district in each county, in which there is an outstanding bonded indebtedness for school house bonds, or for equipping school houses, or for acquiring sites and building school houses, shall deliver to the county Board of Education of the county all of his books, papers, digest, documents, receipts, vouchers, and other instruments relating to said outstanding bonded indebtedness; and at the same time shall render a statement, under oath as to the status of said bonds. Said statement shall show the principal amount due on said bonds, the interest due on said bonds, the names and addresses of the bond holders of said bonds, the rate of tax previously levied upon the property of the district for the retirement of said bonds and the interest thereon; the total amount of payments made upon said bonds and the date thereof; the territorial limits and boundaries of the school district in which said bonds are outstanding; and the name and address of the county or State depository in which any sinking fund for the retirement of said bonds is deposited, the amount of said sinking fund and the name in which said sinking fund is deposited. Upon the delivery of said things and statement to the county Board of Education, the local or consolidated school district bonded treasurer or secretary and treasurer shall be considered discharged from any further duties with respect to said bonds or sinking funds, and the county Board of Education shall, within thirty days of such delivery, provide for the auditing of the bond account.
It shall be the duty of the county Board of Education to make a full report to the Grand Jury of the county of any discrepancies revealed by said audit in the bond account and to enlist the aid of the County Attorney in collecting from the bond of said treasurer or secretary and treasurer any funds of said bond account which may have been misapplied, misappropriated, or otherwise improperly dealt with by said official, and to collect the same and pay said monies over to the county Board of Education. If the audit of the bond account reveals the same has been properly administered, then there shall be no duty on the part of the county Board of Education to make any report thereof to the Grand Jury of the county. (Acts 1946, pp. 214, 215, 216.)
32-1403. That hereafter, when any county Board of Education shall deem it to the best interests of education in the county to incur any bonded debt for building, equipping or purchasing sites for the building and equipping of school houses, pursuant to Article 7, Section 7, Paragraph 1 and 2 of the Constitution of 1877, as amended in 1945, the election required shall be called and held in the manner prescribed by Chapter 87-2 of the Code of Georgia of 1933, as amended, and the bonds shall be validated in the manner provided by Chapter 87-3 of the Code of Georgia of 1933, as amended. The purpose of this amendment is to permit and require the same procedure to be followed in the voting, issuance, levying of taxes for, and the retirement of bonds issued by county Boards of Education for building and equipping school houses,
47
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or purchasing sites therefor, as is required in the case of municipalities and other county bonds. Provided, however, that in such elections persons residing within territorial limits of independent school districts may not participate as qualified voters in said election, and should said election result favorably to the issuance of said bonds, the property located within the limits of an independent school district shall not be subject to taxation for the retirement of any bonds so issued. (Acts 1946, p. 216.)
Editorial Note: On November 14, 1947 the Supreme Court held in the case of Pinion vs. Walker County School District that a county school district is a separate political division of the State authorized to incur a bonded indebtedness up to 7% of the assessed valuation of its taxable property independent of and in addition- to any outstanding bonded indebtedness incurred by any former local school districts prior to their merger into a county-wide school district.
Editorial Note: Section 23 of the 1946 Act from which the above stated Code Section is quoted was amended by an Act approved March 27, 1947, Georgia Laws 1947, pp. 1186, 1189. By Section 1 of the Act a new Section added to the 1946 Act was enacted to read as follows:

Section

Whenever the county board of education of any

county of this State deems it necessary for the purpose of securing proper

school sites and buildings and to the best interest of education in the

county, the county board of education shall have the power and authority

to divide all of the territory of the county outside of independent school

systems established prior to the adoption of the 1945 Constitution, into

local subdivisions to be known as local schoolhouse districts. Whenever

the county board of education divides the county into local subdivisions

the entire county shall be so divided into separate subdivisions. The local

subdivisions so set up and established shall be clearly and positively

defined by the resolution passed by the board establishing such sub-

divisions. The same shall be marked off in the manner which the board

deems to be most advantageous to the school interest of the county. The

county board of education shall act as officers of such local subdivision,

and as such are hereby authorized to incur bonded indebtedness for the

purpose of purchasing school sites and for building and equipping, en-

larging and repairing schoolhouses in and for such local subdivisions. The

bonded indebtedness which the county board of education is hereby

authorized to incur shall be incurred pursuant to Art. 7, Sec. 7, Para-

graph 1 and 2 of the Constitution of 1945. An election for bonds for

such local subdivisions shall be called and held in the manner prescribed

by Chapter 87-2 of the Code of Georgia of 1933, as amended, and

the bonds shall be validated in the manner prescribed by Chapter 87-3

of the Code of Georgia of 1933, as amended. The purpose of this Sec-

tion is to permit and to require the same procedure to be followed in the

voting, issuance, levying of taxes for, and the retirement of bonds issued

by the county boards of education for local subdivisions herein estab-

lished, for building and equipping, enlarging and repairing schoolhouses

48

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or purchasing sites therefor, as is required in the case of municipalities

and other county bonds. Provided, however, that where the county board

of education divides the county into subdivisions and seeks to issue bonds

for any one of the local subdivisions, persons residing outside of the

local subdivisions may not participate as qualified voters in said election.

Should the election held in a local subdivision result favorable to the

issuance of bonds for such local subdivision, the property located within

-

such local subdivision as marked off and established by the county board

of education shall be subject to taxation for the retirement of bonds

issued by the county board of education for such local subdivision. The

property located outside of such subdivision shall not be subject to tax-

ation for the retirement of any bonds issued for the local subdivision,

provided no local school district heretofore bonded shall be altered or

changed by the county board of education until said bonds are retired.

(Acts 1947, pp. 1187, 1188.)

Section 2 of the 1947 Act provided as follows:

Section II. It is not intended that Section 1 of this Act shall in any way interfere with the county board of education issuing bonds on a countywide basis as provided for in Section 23 of the Act approved February 1, 1946. The purpose of Section 1 of this Act is to give to the county board of education additional powers so that the county board of education may provide adequate school sites, buildings and equipment in counties, and under circumstances where county-wide bond issues for securing school sites, building and equipping schoolhouses proves inadequate and inequitable because of prior existing bonded indebtedness of local districts or otherwise. (Acts 1947, pp. 1188, 1189.)

Editorial Note: The Act provided that the provisions of Section 1 and 2 of the Act should not apply in the counties of Polk, Liberty, Long, Thomas, Union and counties having a population of 200,000 or more to any independent system covered by Article 8, Section 10, Paragraph 1 of the Constitution. It also provided that if any part of the Act was declared invalid that the other part should not be affected.

Editorial Note: The Supreme Court on November 13, 1947, in the Davis vs. Coffee County Board of Education case held that the Act of March 27, 1947, (Act No. 322, Ga. L. 1947, p. 1186) was in conflict with Article I, Section IV, Paragraph I of the Constitution of this State and therefore invalid.

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

49

ftf|^^|^Mjn^|MiM

^^H
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 fheir 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 by law, then the county and municipal authorities may thereafter each levy a tax sufficient to pay the principal and interest of such bonds, issued 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.)
The following Sections of the Code are taken from Acts 1937, pp. 869, 870 and are codified in the Pocket Part of the Annotated Code, to-wit:
32-1409. Refunding, retiring, or refinancing schoolhouse bonds of school district. Where any school district, or consolidated school district, or any independent school district (in cases hereinafter provided) has outstanding schoolhouse bonds, or shall hereafter issue, in accordance with the laws of this State, any such bonds, and it becomes necessary or advisable to refund, retire, or refinance such bonds, the same shall be done in accordance with the procedure and in the manner hereinafter provided. (Acts 1937, pp. 869, 870.)
32-1410. Same; advisability of refunding, etc., to be determined by
50

HMHBMHHHHHHi



voters. The advisability or necessity of refunding, retiring, or refinancing such bonds shall be determined by the qualified voters of the school district concerned, in an election to be held in such district in the manner hereinafter provided. (Acts 1937, pp. 869, 870.)
32-1411. Same, election to be called; notice by publication. Should the board of trustees of any school district or consolidated school district, or board of education (or corresponding body) in any independent school district, in which a local tax is now or may hereafter be levied for school purposes deem it necessary or advisable to refund, retire, or refinance any outstanding schoolhouse bonded indebtedness of said district, they shall, by written resolution, call an election to be held in said district by giving notice by publication thereof once a week for four weeks previous to said election in the newspaper in which the legal advertisements for the county are published, notifying the qualified voters that on the day named an election will be held to determine the question whether bonds shall be issued by the district for refunding, retiring or refinancing outstanding schoolhouse bonds of such district. (Acts 1937, pp. 869, 870.)
32-1412. Same; contents of notice. They shall specify in said notice what amount of bonds are to be issued, for what purpose, what interest they are to bear, how much principal and interest is to be paid annually, and when they are to be fully paid off. They shall also specify in said notice the amount of bonds and interest, if any, date of issue, rate of interest, and dates due of the outstanding schoolhouse bonds which are sought to be retired, refunded or refinanced. (Acts 1937, pp. 869, 870.)
32-1413. Same; voters' list, how made up. None but the qualified voters of the district concerned shall be permitted to vote in said election. The tax collector or tax commissioner shall furnish a list of certified registered voters in such school district, or consolidated school district (and in independent school district such list shall be furnished by the proper official of such district), to the managers of the election 10 days before such election is held and after the same has been purged by the board of registrars or proper city officials as the case may be as now provided by law in cases of special elections. (Acts 1937, pp. 869, 871.)
32-1414. Same; election managers. Said board of trustees or board of education or corresponding body, as the case may be, or a majority of them, shall be the election managers, and if for any reason they fail to act, any three freeholders of the school district or consolidated school district or independent school district may qualify and act. (Acts 1937, pp. 869, 871.)
32-1415. Same; ballots, form of. The ballots shall have written or printed thereon "for refunding outstanding schoolhouse bonds" or "against refunding outstanding schoolhouse bonds." (Acts 1937, pp. 869, 871.)
32-1416. Same; polls, opening and closing; disposition of ballots, etc.,
51

^Ja^UMMUU

\

declaring results. The polls shall remain open during the hours as now fixed by law for general elections. The ballots cast and the voting list shall be lodged with the board of trustees in the school district or consolidated school district or with the board of education or corresponding body in independent school districts, which said board or body, as the case may be, shall declare the result of said election. The ballots, consolidated returns and the other papers declaring the result of the election shall be filed with the ordinary of the county, or in the case of independent school district, with the proper official of the municipality or district charged with keeping permanent records. (Acts 1937, pp. 869, 871.)
32-1417. Same; election called by one-fourth of voters. In addition to the manner provided in section 32-1411 for calling such an election, should as many as one-fourth of the qualified voters of any such school district file a petition with the board of trustees of any local tax school district, or consolidated school district, or the board of education, or corresponding body in an independent school district, requesting that an election be called for the purpose of submitting the issue as to whether the schoolhouse bonded indebtedness of such district be refunded, retired, or refinanced, it shall become the duty of such board or body to call an election in the same manner as above provided. (Acts 1937, pp. 869, 871.)
32-1418. Refunding, retiring, or refinancing schoolhouse bonds by counties. All counties 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 are hereby empowered to refund, refinance, or retire outstanding schoolhouse bonds of such territory in the same manner and under the same rules and regulations as provided in Section 32-1409 et seq., except that in elections for said territory the manner of holding elections shall be as prescribed in sections 32-1419 to 32-1425, inclusive. (Acts 1937, pp. 869, 872.)
32-1419. Same; petition by one-fourth of voters. Duty of board of education. Election to be called. When one-fourth of the registered qualified voters of such territory shall file with the board of education of such county, petition asking for an election for the purpose of determining whether or not bonds shall be issued for the purpose of refunding, refinancing, or retiring outstanding school bonds of such territory, 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, of the proposed bonds to refund, refinance or retire outstanding schoolhouse bonds of such territory, and the said board of education shall also specify the amount, denomination, rate of interest, and dates when due of the outstanding school bonds which are sought to be refunded, retired or refinanced and call such election in terms of law now provided or which may hereafter
52

I^^HIHHHHIH^H^^HIHHI
be provided for the county issue of bonds except as herein otherwise provided. (Acts 1937, pp. 869, 872.)
32-1420. Same; notice of election. Said board of education shall order such election to be held at the various polling places throughout the county or throughout the territory to be affected, of which they shall give notice by publication thereof once a week for four weeks previous to said election in the newspaper in which the legal advertisements of said county are published. (Acts 1937, pp. 869, 872.)
32-1421. Same; voters' list, how made up. 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, 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 election. (Acts 1937, pp. 869, 873.)
32-1422. Same; ballots, form of. The ballots cast shall have written or printed thereon "For refunding outstanding schoolhouse bonds" or "Against refunding outstanding schoolhouse bonds." (Acts 1937, pp. 869, 873.)
32-1423. Same; election managers. The managers of the election, including such clerks as may be necessary, shall be appointed by the ordinary. (Acts 1937, pp. 869, 873.)
32-1424. Same; polls, opening and closing; returns. 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. (Acts 1937, pp. 869, 873.)
32-1425. Same; when refunding bonds to be issued; sale of bonds. In the event that two-thirds of the votes cast at such election shall be in favor of refunding "outstanding schoolhouse bonds" and such twothirds is also a majority of all the voters qualified to vote in said election, then the refunding schoolhouse bonds shall, after validation, as herein provided, be issued, sold or exchanged under all of the regulations now provided for the sale of school district bonds, under section 32-1403 of the Code of 1933, or herein provided for the sale of exchange of such refunding bonds. (Acts 1937, pp. 869, 873.)
32-1426. Same; proceeds of sale in trust. The proceeds shall be turned over to the board of education in trust for the purpose or purposes provided in section 32-1409 et seq. (Acts 1937, pp. 869, 873.)
32-1427. Same; tax levies to pay off bonds. The county authorities, in levying and assessing taxes for the purpose of paying the interest and retiring and paying off said bonds shall, in the event the entire county
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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 such refunding schoolhouse bonds, 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 entire county or in the area of territory within which said election is held, 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 county or territory. (Acts 1937, pp. 869, 873.)
32-1428. Same; paying off county bonds when holders refuse to sell. The manner of paying off the outstanding schoolhouse bonds with the proceeds of the sale of the refunding schoolhouse bonds, or exchange of bonds, and sinking fund provided in cases where holders of outstanding bonds fail or refuse to sell, exchange or surrender the same, for cancellation, shall be the same as provided in section 32-1409 et seq. for other school districts. (Acts 1937, pp. 869, 874.)
32-1429. Declaration of result of election; issuance of refunding bonds. At any election called and held as herein provided, should as many as two-thirds of the qualified voters voting in such election (provided such two-thirds so voting shall be a majority of the registered voters), cast their ballots in favor of the issue "for refunding outstanding schoolhouse bonds," the officials as named above shall so declare the result; and such officials shall have the power and authority, after validation as hereinafter provided, to issue such refunding schoolhouse bonds for sale or exchange for the purpose of retiring the outstanding schoolhouse bonds in the district under all of the regulations now provided by law for school district bonds. (Acts 1937, pp. 869, 874.)
32-1430. Tax levy to provide sinking fund to refunding bonds. Where an election held in the manner above provided results favorably to the issue of such bonds, the county board of education, or corresponding body of independent school districts, as the case may be, shall recommend, and the board of county commissioners or ordinary, or municipal tax levying authorities, as the case may be, shall annually levy upon the property subject to taxation in the school district in which said election was held, 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 district. (Acts 1937, pp. 869, 874.)
32-1431. Refunding bonds to be validated. Before the schoolhouse refunding bonds herein provided shall be issued, they shall first be validated in accordance with the provisions of Chapter 87-3. (Acts 1937 pp. 869, 875.)
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32-1432. Sale or exchange of refunding bonds of local school district. Any such refunding bonds of a local school district, or consolidated school district, shall, after validation, be turned over to the county board of education to be sold or exchanged as herein provided, and the county board of education is hereby authorized and empowered to sell or exchange such bonds under all of the regulations now provided by law for the sale of school district bonds, or herein provided therefor. When such bonds are sold by the county board of education, the proceeds derived therefrom shall be held in trust by the county board of education only for the purposes herein provided. When such bonds are exchanged by the county board of education, which is hereby authorized and empowered so to do, such exchange shall be consummated in accordance with the provisions herein provided. (Acts 1937, pp. 869, 875.)
32-1433. Sale or exchange of bonds of independent districts. In independent school districts over which the county board of education has no jurisdiction, such refunding bonds after they have been issued and validated, shall be turned over to the officials who under the law are now authorized to handle in any manner bonds issued by such independent school districts, and such officials are hereby authorized and empowered to sell or exchange, in like manner as the county board of education, such refunding bonds for the purposes and in accordance with the provisions of section 32-1409 et seq. (Acts 1937, pp. 869, 875.)
32-1434. Exchange of bonds; terms. Bonds issued under section 321409 et seq., may be exchanged for not less than an equal principal amount and accrued interest, if any, of indebtedness to be retired thereby, including indebtedness not yet due if the same be then redeemable or if the holder thereof be willing to surrender the same for retirement, but otherwise shall be sold and the proceeds thereof shall be applied to the payment of such schoolhouse bonded indebtedness or accrued interest due or redeemable which may be so surrendered. (Acts 1937, pp. 869, 876.)
32-1435. Where tender for exchange refused, bonds to be sold; sinking fund. Should the holder of any outstanding schoolhouse bonds be unwilling to surrender the same for retirement, either in exchange for refunding bonds in a principal amount equal to the principal and interest accrued on the bonds under the authority of section 32-1409 et seq., or upon tender to him of the par value of the bond or bonds held by him, plus accrued interest thereon, then and in that event, when any of the refunding schoolhouse bonds are sold a sufficient amount of the proceeds derived from the sale of the same shall be set aside and shall constitute a sinking fund for the eventual retirement of any such bond or bonds and the payment of interest thereon in accordance with the provisions of such bonds when they mature, or are surrendered for retirement. (Acts 1937, pp. 869, 876.)
32-1436. Application of proceeds of sale of refunding bonds. The proceeds derived from the sale of any refunding schoolhouse bonds is-
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sued under the authority of section 32-1409 et seq., shall be applied exclusively to the purposes hereinabove provided. Nor shall any of said refunding bonds be exchanged except for outstanding bonds for which they were issued to retire: Provided, that in no event shall the refunding schoolhouse bonds so issued exceed in amount the previously existing total schoolhouse bond debt of the district issuing such bonds with interest thereon. (Acts 1937, pp. 869, 876.)
32-1437. Duties and authority of officers. Wherever in section 321409 et seq., it is made the duty, without specific designation, of any official or officials to perform any duty with reference to the issuance, exchange, sale or retirement of any bonds, such duty is hereby imposed upon the same officials with respect to such duties as are now imposed upon the officers charged with the same duties under the provisions of the laws of Georgia relating to bonds issued in the first instance. Such officers shall have the same authority and are hereby charged with the same duties with respect to the investment of sinking funds and levying taxes to retire bonds with interest on bonds issued under said sections as is now provided with respect to the levying of taxes to retire bonds and the creation and administration of sinking funds to retire the bonded indebtedness of any local school district, consolidated school district, or independent school district, where a local tax is levied for school purposes. (Acts 1937, pp. 869, 876.)
32-1438. Interest rate on refunding bonds. The interest rate on such refunding schoolhouse bonds shall in no event exceed (but may be less than) the interest rate on the bonds for which they were issued to refund. (Acts 1937, pp. 869, 877.)
32-1439. Independent school districts, when sections apply. The provisions of section 32-1409 et seq. for issuances of refunding schoolhouse bonds in the case of independent school districts shall apply only where the Act creating such school district, or as amended, authorizes the same. (Acts 1937, pp. 869, 877.)
32-1440. Obligations of outstanding bonds are impaired. Section 32-1409 et seq. "shall not be construed so as to impair the obligation of any bond outstanding at the time of its passage, or so as to prejudice the rights of any bondholder of an outstanding bond issued prior to the passage of this law. (Acts 1937, pp. 869, 877.)
32-1441. Bondholders refusing to sell, sinking fund provided. Should any holder of an outstanding schoolhouse bond which is not due or which has not matured in accordance with the provisions thereof, fail or refuse to sell or exchange such bond or bonds for refunding schoolhouse bonds issued in accordance with these sections, it shall be the duty of the officials of the school district which issued such bond or bonds to set aside from the proceeds of the sale of the refunding schoolhouse bonds a sinking fund under all the regulations now provided by law for sinking funds for schoolhouse bonds for the purpose of retiring such bonds when they
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mature and paying the interest accrued or to accrue thereon. (Acts 1937, pp. 869, 877.)
32-1442. Only one election a year. No election as provided herein shall be held in any one district more often than once a year. (Acts 1937, pp. 869, 878.)
PART XII
SCHOOL YEAR, SCHOLASTIC MONTH, AND SPECIAL DAYS.
32-1501. School year. The school year shall be from July 1st to the next June 30th, inclusive, of each year. (Acts 1919, p. 316; 1926, Extra. Sess., p. 42.)
32-1502. Scholastic month. Twenty school days shall constitute and be treated as a scholastic month in the public schools. (Acts 1919, p. 317.)
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, third Friday in February. (Acts 1941, p. 349.) 7. Memorial Day, April 26. (Acts 1919, p. 356.) 8. Alexander H. Stephens' Birthday. (Acts 1937-38, Ex. Sess., p.
1407.) 9. Crawford W. Long's Birthday. (Acts 1937-38, Ex. Sess., p. 1407.)
32-1504. Temperance Day designated; program in school*. The fourth Friday in March of each year shall be designated and known as Temperance Day in the public schools. On Temperance Day at least two hours shall be devoted in the public schools 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 1933, pp. 183, 184.)
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PART XIII
ENUMERATION OF SCHOOL CHILDREN.
32-1601. Duty of the State Board of Education to adopt rules and regulations for continuous school census; cost of census. It shall be the duty of the State Board of Education to adopt such rules and regulations as may be necessary for taking a school census and for installing and keeping in the office of the superintendent in each county or independent school system in the State a continuous school census. The cost of taking and keeping the census shall be a legitimate item in the budget and shall be paid out of local funds or from such other funds as may be legally provided. (Acts 1945, p. 210; 1945, pp. 441, 442.)
Cross-reference: Penalty for violating school census laws, Section 329915.
32-1602. Repealed by Georgia Laws, 1945, pp. 441, 442.
32-1603. New enumeration, when. 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 enumerations shall be paid for, but the amount paid shall be deducted from the school fund appropriated to this special territory. (Acts 1919, p. 319.)
PART XIV
INSTRUCTION IN ANIMAL, BIRD, AND FISH LIFE
32-1701. Purpose of Chapter. The purposes of this Chapter are ths lessening of crime and the raising of the standards of good citizenship and inculcating in the minds of the children a spirit of thrift, economy, kindness, by including in the curriculum of all public schools a course of training to teach, promote, and encourage the conservation and protection of birds, animals, fish, and all other forms of useful wild life, and the forests. (Acts 1929, p. 118.)
32-1702. Public school instruction in bird, animal, fish, forest life, etc. In every public school a period of not less than 25 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, and other forms of wild life, and the forests; also the humane treatment and protection of our domestic birds and animals, as well as the part they play in the economy of nature. It may be optional with the teacher whether this period shall be a consecutive 25 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 em-
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ployed. The instruction herein prescribed shall constitute a definite purpose of the curriculum of study in all the public schools. (Acts 1929, p. 188.)
32-1703. Certification by teachers. Each and every teacher in the schools 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.)
PART XV
HEALTH.
32-1801. Regulations by county and municipal boards. The county and municipal boards of health 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 the rules and regulations of the county boards of health shall not apply to any incorporated city or town. (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) to leave, or 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 patients: 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, 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 shall be enforced whether anti-toxins are or are not used.
Scarlet fever (scarlatina, scarlet rash, roseola) : Isolation of patient and quarantine of children associated with, or in the house with the patient, for 10 days after complete desquamation or scaling of patient with disinfection of premises.
Small pox: For the patient: Isolation until after all crust of scales have fallen off, and the disinfection of patient's body and the premises. For exposed persons: Quarantine for 16 days from date of last exposure.
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Cholera: For the patient: Isolation until after complete recovery and disinfection of the premises. For exposed persons: Quarantine for five days from date of last exposure.
Yellow fever: Isolation in screened room (protected fireplace) 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 21 days from date of last exposure. (Acts 1919, p. 357.)
PART XVI
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, and shall fix the time when said course shall go into effect. This course shall occupy periods totaling not less than 30 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, 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 (Acts 1920, pp. 232, 233.)
Editorial Note: A resolution of 1943, Acts 1943, p. 1726, recommends to school authorities immediate adoption of mass physical training classes of boys and girls in the higher grades of the grammar and high schools.
32-1902. Courses at normal schools. The curriculum of all State normal schools and of all other institutions supported wholly or in part by public funds having special courses adopted for the preparation of teachers, shall contain one or more courses in physical education and each person graduating from a teachers' course in any of these institutions shall have completed one or more courses in physical education. (Acts 1920, p. 233.)
32-1903. Special teachers. County boards of education and boards of education of cities and of graded common school districts may employ supervisors and special teachers of physical education in the same manner as other teachers are employed, provided they possess such qualifications as the State Board of Education may prescribe. 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 building 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.)
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PART XVII
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 of schools, 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 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 superintendent of schools to make an inspection of the school buildings of said county and file his report of said inspections with the county board 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.)
32-2003. Minimum safety requirements; escapes on both sides of buildings. 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; all hall doors shall open outward; and where, in cases of old buildings, there is only one stairway, there must be provided before the school can be legally operated, another stairway for exit on the opposite side of the building, or a safe ladder securely fastened to the building and extending from one or more windows on the side of the building opposite the stairway and reaching to within six feet of the ground. (Acts 1923, p. 89.)
32-2004. Defects in heating installation. No public moneys shall be paid out for the operation of a public school in a house where the stove pipe runs through the side of the building, or through a window, or through the roof without being safely encased in a brick flue. (Acts 1923, p. 89.)
32-2005. Fire escapes for educational buildings and dormitories of more than one story. It shall be 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 within this State, to cause to be erected adequate fire escapes at each end and on the outside of all school, college or educational buildings of any character which are
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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. (Acts 1935, p. 374.)
32-2006. Funds from which cost of fire escapes to be paid. The cost of the erection of said fire escapes shall be paid out of the funds allocated to the school authorities by the State Board 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 said fire escapes as provided, it shall be the duty of the State Superintendent of Schools to withhold from such school or institution all funds due it until the provisions of section 32-2005 shall have been complied with. (Acts 1935, p. 374.)
PART XIX
COMPULSORY SCHOOL ATTENDANCE.
Section 32-2101, 32-2102 and 32-2103 of the Code of 1933 were repealed by Acts 1945, pp. 343, 348. The Act of 1945 is codified in the Cumulative Pocket Part of the Annotated Code and is hereinafter set forth by Sections therein used.
32-2104. Duty to send to school children between seven and 16 years old. Every parent, guardian, or other person residing within the State of Georgia having control or charge of any child or children between their seventh and sixteenth birthdays, shall enroll and send such child or children to a public or private school under such penalty for noncompliance herewith as is hereinafter provided. (Acts 1945, p. 343.)
32-2105. Minimum annual attendance. The minimum session of annual school attendance required under this Chapter shall be 175 school days, or for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has completed all high school grades. (Acts 1945, pp. 343, 344.)
32-2106. Exemptions. The following classes of children between their seventh and sixteen birthdays shall be exempted from the provisions of this Chapter, the county and independent school system boards of education to be sole judge in all such cases: (a) Children mentally or physically incapacitated to perform school duties; (b) children excused from attendance in school by county and/or independent school system boards of education in accordance with the general policies and regulations promulgated by the State Board of Education. The State Board of Education in promulgating its general policies and regulations shall take into consideration sickness, seasonable labor and other emergencies which may arise in any school community. (Acts 1945, pp. 343, 344.)
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32-2107. Administration and enforcement. It shall be the duty of each county and independent school system board of education within the State to administer this Chapter and to secure its enforcement in cooperation with the other state and county agencies mentioned herein. (Acts 1945, pp. 343, 344.)
32-2108. Visiting teachers and attendance officers. To facilitate such enforcement, each county and independent school system board of education shall have authority to employ at least one competent and qualified full-time visiting teacher, whose duty it shall be to act as attendance officer to enforce the compulsory school attendance laws of the State, and to discharge such other duties as are usually performed by, or delegated to, visiting teachers. Each county or independent school system board of education shall fix the compensation of such visiting teachers, payable from the school funds of the state and/or of the county or independent school system, and shall be authorized to prescribe the duties of such visiting teachers and make such rules and regulations for the performance thereof, not inconsistent with law and rules and regulations of the State Board of Education, as will promote the purposes of this Chapter. Under rules and regulations determined by the State Board of Education, the State Department of Education shall have authority to determine that where a county or independent school system does not require the services of a full-time visiting teacher, then such county or independent school system board of education may dispense with the services of a full-time visiting teacher and shall have authority in place thereof to employ either a part-time visiting teacher qualified in accordance with professional requirements prescribed by the State Board of Education, or join with a neighboring county or independent school system in the joint employment of a visiting teacher. (Acts 1945, pp. 343, 344.)
32-2109. Same; appointment and qualifications; temporary permits to serve. The appointment of visiting teachers shall be made by the county or independent school system board of education upon the recommendation of the county or independent school system superintendent; but no visiting teacher shall be so appointed unless qualified in accordance with professional requirements prescribed by the State Board of Education. Persons presently serving as truant or attendance officers in any county or independent school system of the State on the effective date of this Chapter, as reflected by the payroll of the school board of the county or independent school system in which such person or persons serve during the 1944-45 school session, shall, upon the request of the school board, be granted temporary permits to serve as acting visiting teachers; but such person or persons who do not possess the qualifications prescribed by the State Board of Education for certification as visiting teachers must continue to render satisfactory service or, within five years from the effective date of this Chapter, satisfy such qualifications as will justify certification by the State Board of Education, or they shall no longer be eligible to serve as acting visiting teachers, and
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the county or independent school system boards of education shall remove them from their positions as acting visiting teachers. (Acts 1945 pp 343, 345.)
32-2110. Same; employment of officer in lieu of teacher. County or independent school system boards of education may employ attendance officers in lieu of visiting teachers. Such attendance officers must be paid wholly from school funds of the county or independent school system boards of education. Such attendance officers shall not be required to qualify under rules and regulations promulgated by the State Board of Education for the certification of visiting teachers. (Acts 1945 pn 343, 345.)
32-2111. Same; duties. In the discharge of the duties of their office, visiting teachers, acting visiting teachers, or attendance officers, shall (1) cooperate fully with the State Departments of Public Welfare, Labor, and Health, and other State agencies; (2) make monthly and annually reports on attendance and other problems of child school adjustment in their territory to the county or independent school system superintendent respectively; and (3) comply with the rules and regulations of the county and independent school system boards of education and the State Board of Education. (Acts 1945, pp. 343, 346.)
32-2112. Same; removal. Any visiting teacher or attendance officer appointed under the provisions of this Chapter, who fails to perform the duties of this office shall, upon the recommendation of the county or independent school system superintendent, be removed from office by the county or independent school system board of education. (Acts 1945 pp. 343, 346.)
32-2113. Same; eligibility for retirement. Visiting teachers employed under the provisions of this Chapter shall have the same status with respect to teacher retirement as is set up under the teachers retirement system of this State for regular classroom teachers or supervisors whose employment requires that they hold valid certificates issued by authority of the State or county boards of education. Attendance officers employed in lieu of visiting teachers shall not be eligible to participate in the teachers retirement system of the State. (Acts 1945, pp. 343, 346.)
32-2114. Same; cooperation by teachers and principals; reports and records of attendance. Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public and private schools in the county or independent school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all schools--public, private, denominational or parochial-- to report, in writing, to the visiting teacher or attendance officer of the county or of the independent school system, the names, ages, and residences of all pupils in attendance at their school and classes within 30 days after the beginning of the school term or terms, and to make such other reports of at-
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tendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All schools shall keep daily records of attendance, verified by the teacher making such record. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. (Acts 1945, pp. 343, 346.)
32-2115. Method of dealing with delinquent child absenting self from school. Visiting teachers and attendance officers, after written notice to parent or guardian of a child, shall report to the juvenile, superior, city, or other court having jurisdiction, any child as a delinquent who absents himself from school in violation of this Chapter. The judge of said court may place said delinquent in a home, or in a public or private institution, where school shall be provided for such child. (Acts 1945, pp. 343, 347.)
32-2116. Effect of partial invalidity of Chapter. Should any section, subsection, clause, sentence, phrase or part of this Chapter, for any reason be held, deemed, or constructed to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions thereof, and the legislature hereby declares that it would have passed this Chapter, each section, subsection, clause, phrase and part thereof, irrespective of the fact that one or more sections, subsections, clauses, sentences, phrases, or parts thereof, be declared unconstitutional or invalid. (Acts 1945, pp. 343, 348.)
PART XX
SPECIAL COURSES, CLASSES OR SCHOOLS FOR CORRECTING SPEECH OF DEAF CHILDREN.
Editorial Note: The provisions under this heading are taken from Acts 1945, pp. 312, 315, and are codified in the Cumulative Pocket Part of the Annotated Code as Chapter 3 2-21 A, and said Act is herein set forth by Code Sections in the same manner as set forth in the Cumulative Pocket Part of the Code.
32-2101a. Authority of local units to establish and maintain special courses, classes, or schools. The local units of administration, as defined in section 36-604, meeting the approval and requirements of the State Board of Education, whether acting under the general law, or special charter provisions, or otherwise, are hereby empowered and authorized to provide for, establish and maintain special courses and classes in and/ or schools for speech correction and rehabilitation of those children, who are deaf, or who have defective hearing, or speech, by oral methods, in cooperation with the State Board of Education, or independently, where no State aid or State funds are furnished under this Chapter, and to do and perform any and all acts, necessary, or proper, to carry out the terms, intent and purpose of this Chapter. (Acts 1945, pp. 312, 313.)
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32-2102a. Authority of State Board of Education to establish special courses, classes, or schools. The State Board of Education, for and in behalf of the State of Georgia, is hereby empowered and authorized to provide for, establish and maintain special courses and classes in and/or schools for the correction of speech by oral methods of those who are deaf, or who have defective hearing, or speech, in cooperation with, or independently of, local units of administration, with the power and right to promulgate the rules, standards, and requirements for the said courses, classes, and schools, receiving State aid under this Chapter, together with the power and right to supervise the methods of operation and administration of the schools, receiving State aid under terms of this Chapter, and with the power and right to set the age limits of the pupils and the qualifications of the teachers and pupils of the schools, receiving State aid under this Chapter, together with the power and authority to do and perform any and all acts, necessary, or proper, to carry out the provisions, intent, and purpose of the Chapter, which is to be given a liberal and broad construction. (Acts 1945, pp. 312, 313.)
32-2103a. Funds and teachers for the purposes of this Chapter. Upon the approval of the State Board of Education, the common school fund and such appropriations as may have been made, or as may hereafter be made by the General Assembly for common school purposes, or by any agency or bureau, authorized by the General Assembly, to approve and set aside school funds for common school purposes, upon the approval of said agency, or bureau, as to any such funds already approved and set aside for common school purposes, or as may be approved and set aside hereafter by such agency, or bureau for common school purposes, shall be used by the State Board of Education to carry out the provisions and purposes of this Chapter in paying teachers' salaries for not less than seven months in each year, in accordance with salary schedules prescribed, or to be prescribed, by the State Board of Education, for teachers in such schools as are defined by Chapter 32-6, provided no teacher, herein provided for, shall receive less than the minimum salary prescribed, or to be prescribed by, the State Board of Education, in schools, receiving State aid under this Chapter; and, Provided, further, that teachers, as herein provided for, shall not be charged against a local unit in making up the number of teachers in the several groups, as provided for by Chapter 32-6, and such State funds, or State aid, shall be used in paying to each local unit of administration (as defined by section 32-604) which qualifies under this Chapter for the same or like purposes as specified by the provisions in subsection three (3) of section 32-614, in so far as the said provisions therein are, or may be necessary, or applicable to carry out the provisions of this Chapter, and the costs and expenses in carrying out the terms of this Chapter, as to those schools operating hereunder and receiving State funds, or State aid, for the purposes of this Chapter, shall be paid monthly, semiannually, or annually, as the State Board of Education may determine, to the proper school official of the local unit of administration, after the costs and expenses have been approved by the said State Board of
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Education, upon such terms and in such manner as the said Board may prescribe. (Acts 1945, pp. 312, 313.)
32-2104a. Authority of local units to extend term, supplement funds, and employ additional teachers. The boards of education of any local unit of administration, receiving State funds under the terms of this Chapter, may operate for a longer period than seven months during any school year, and may, in its discretion, supplement the expenses and the State schedule of salaries, and may employ additional teachers not provided for by State funds. (Acts 1945, pp. 312, 314.)
322105a. Effect of Chapter on existing school laws. This Chapter does not repeal, and shall not be construed as repealing, any of the existing school laws, but is to be construed as additional to same. (Acts 1945, pp. 312, 315.)
PART XXI
VOCATIONAL EDUCATION.
32-2201. Acceptance of provisions of Act of Congress. The State of Georgia hereby accepts the provisions of an Act of the Congress of the United States approved February 23, 1917 (20 U. S. C. A., Section 11 et seq.; c. 114, Section, 39 Stat. 929), 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 provision thereunder and appropriations therefor to be used according to and as provided in said Act. (Acts 1917, p. 220; 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 makes to local schools, municipal and county, 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 of any appropriations made by any municipality or county 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
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of this Federal appropriation. (Acts 1917, p. 200; 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 1917, p. 200; 1919, p. 363; 1931, pp. 7, 40.)
32-2204. Representing the State. The State Board of Education shall have the full power to represent the State in any and all matters in reference to the expenditure, distribution and disbursement of money received from the United States Government in this State and to appropriate and use said moneys in whatever way in their discretion will best subserve the interests of the State, and carry out the spirit and intent of said Act of Congress in conformity to its provisions. (Acts 1917, p. 200; 1919, p. 363; 1931, pp. 7, 40.)
32-2205. Extension work agents. The boards of education of the several counties 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 of February 23rd, 1917 (20 U. S. C. A., Section 11 et seq.; c. 114, Section 1, 39, Stat. 929), and this Chapter. (Acts 1922, p. 82.)
Editorial Note: New and additional vocational education Acts were passed in 1943, Georgia Laws 1943, pp. 672, 673. The 1943 Act is set forth as Sections 32-2206 through 32-2223, Cumulative Pocket Part of Annotated Code, the same being set forth therein as follows:
32-2206. Purpose of sections 32-2206 to 32-2217. It shall be the purpose of this law (Sections 32-2206 to 32-2217) to more nearly equalize the educational opportunities in certain phases of vocational education, especially trade and industrial and distributive occupations, to persons of the State, who, in the discretion of the State Board of Education, are of the age that will make it possible for them to profitably pursue training for a specific occupation. (Acts 1943, pp. 672, 673.)
32-2207. Definition of local units. For the purposes of this law (Sections 32-2206 to 32-2217) the several counties of the State and the various public independent school systems established by law shall be the local units of administration and shall be referred to herein as local school units. (Acts 1943, pp. 672, 673.)
32-2208. Apportionment and distribution of funds. All funds, whether State or Federal or other funds, which may be made available to the State Board of Education for carrying out the purposes of vocational education as provided by this law, shall be apportioned and distributed by the State Board of Education to the various local school units as additional aid for use in helping such local school units in de-
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fraying the cost involved in maintaining and operating approved vocational training courses or departments, subject to such reasonable rules and regulations as may be prescribed by the State Board of Education and in accordance with the approved State plan for vocational education. (Acts 1943, pp. 672, 673.)
32-2209 was repealed by Acts 1947, pp. 1161, 1163.
32-2210. Provisions not mandatory. Nothing in this law shall give the State Board of Education authority to make it mandatory for local school units to establish and maintain vocational training programs or to participate in the use of funds that may be made available for carrying out the provisions of said law. (Acts 1943, pp. 672, 674.)
32-2211. Authority of State Board of Education. The State Board of Education shall have the authority to:
(1) Approve applications from local school units within the State, and to apportion and distribute thereto any and all special or additional funds which may be made available by appropriation, or otherwise, to aid and assist local units in paying the cost of training persons enrolled in the vocational courses;
(2) Set up standards of training in each occupation that must be maintained by a local school unit in order to obtain special aid for such training courses;
(3) Establish age limits of trainees and entrance requirements to be met by trainees for each occupation in which training is offered;
(4) Provide for the inspection of courses or training programs to determine if the approved standards are being met;
(5) Discontinue special or additional aid to a local school unit, if in the discretion of the State Board of Education, approved standards are not being maintained or other prescribed rules and regulations are not being followed. (Acts 1943, pp. 672, 674; 1947, pp. 1161, 1163.)
32-2212 was repealed by Acts 1947, pp. 1161, 1163.
32-2213. Use of funds for transportation. In the discretion of the State Board of Education, any funds that are made available for the purposes of these sections may be used for providing transportation to and from the vocational training center for trainees living outside the jurisdictional area of the local school unit. (Acts 1943, pp. 672, 675.)
32-2214. Apportionment of equipment, material, etc., to local units. In the discretion of the State Board of Education, any equipment, material, machinery, or other property, now owned and possessed, or may hereafter be acquired by purchase or gift by said State Board of Education, such as are now used in connection with teaching vocational education, may be apportioned and distributed by said State Board of Education to local units, herein defined, who desire to avail themselves of
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the benefits of this law, same to be so allotted, apportioned, and distributed under such rules and regulations as will more nearly equalize the vocational education opportunities of all in every section of the State. (Acts 1943, pp. 672, 675.)
32-2215. State Advisory Committee. There shall be established by the State Board of Education a State Advisory Committee, composed of equal representation of labor and management, to advise the State Board of Education and its authorized representatives regarding policies and regulations governing the vocational education program which may be developed to carry out the provisions of this law. (Acts 1943, pp. 672, 675.)
32-2216. Effect of sections 32-2206 to 32-2217 on laws relating to distribution of common school funds. Nothing in this law (Sections 322206 to 32-2217) shall affect the distribution of funds appropriated to the common schools under section 32-614, nor section 32-948, relating to creating an equalization fund for the public schools and providing for its distribution, but said sections shall remain in full force and effect. (Acts 1943, pp. 672, 676.)
32-2217. Effect of sections 32-2206 to 32-2217 on existing laws relating to vocational education. Nothing in this law (Sections 32-2206 to 32-2217) shall affect any of the provisions of section 32-934 or of section 32-2202, but said sections shall remain of full force and effect, and the provisions of this law shall be an enlargement of such provisions therein made. (Acts 1943, pp. 672, 676.)
32-2218. State area trade, vocational, and industrial schools; authority of State Board of Education to establish. The State Board of Education of Georgia, for and on behalf of the State of Georgia, is hereby authorized and empowered to locate, set up, establish, operate, maintain and carry on State area trade, vocational and industrial schools for teaching vocational, industrial and trade subjects. (Acts 1945, pp. 229, 230.)
32-2219. Same; purchase of land, buildings, and equipment. To better enable said State Board of Education to properly locate and carry on said State area schools as provided in section 32-2218, said Board is hereby empowered and authorized to contract for and purchase real estate and building sites, to build, construct and properly equip and maintain, for teaching and boarding students all necessary buildings and houses, and to contract for and to purchase, maintain, repair and supply all necessary machinery, equipment, instructional supplies and maintenance equipment. (Acts 1945, pp. 229, 230.)
32-2220. Same; gifts, donations, and Federal aid; administration and distribution of funds. Said State Board of Education is hereby authorized and empowered to accept and receive donations and gifts, of both real and personal property, including machinery and equipment, from either public or private sources as may be offered unconditionally, or under conditions related to the teaching of vocational, industrial or trade
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courses, and to accept, receive, use, distribute and administer any and all appropriations that may be made by the Federal Congress to assist the State in the maintenance and operation of State area trade, industrial or vocational schools, and to administer all funds allocated or appropriated by the State of Georgia for setting up, maintaining and operating such State area schools, and to manage, administer and use for such purpose, all funds that may be given or donated by individuals or other public or private agencies. Said Board is further authorized and empowered to allocate and distribute to the different State area schools established by virtue of authority of this law (Sections 32-2218 to 322223) in such proportion as may, in their discretion, be most advantageous to the State as a whole, any and all machinery and equipment owned or held by said Board or which may be hereafter, obtained or acquired. (Acts 1945, pp. 229, 231.)
32-2221. Same; prescribing rules and regulations for operation. Said State Board of Education is hereby empowered and authorized to adopt, promulgate and establish rules and regulations for the operation of such schools, provide for the entrance and enrollment of students for courses therein, to fix and prescribe courses of study %p be taught therein, to prescribe the ages, requirements and conditions under which students may be received for instructions in such schools, to prescribe and arrange for classes and courses in the different vocations and trades, and to prescribe and set up courses for citizens of the State who may receive injuries in industry, or otherwise, and to provide for and set up classes to rehabilitate and prepare members of the military taking part in the present World War for remunerative employment. (Acts 1945, pp. 229, 231.)
32-2222. Same; employment of teachers, supervisors, and directors; transportation of trainees. Said State Board of Education is hereby authorized to employ necessary teachers, supervisors and directors of vocational training for carrying on and operating area trade schools set up, established and operated by virtue of authority invested in said Board by this law (Sections 32-2218 to 32-2222), and said Board is hereby authorized to fix and pay the salaries and expenses of said employees out of funds made available by appropriations of Congress, the State and gifts or donations for such purposes. Said Board is also authorized and empowered, where funds are made available therefor, to provide for transportation of trainees to and from State area schools established under authority of this law, this power to be exercised in the discretion of said Board of Education. (Acts 1945, pp. 229, 232.)
32-2223. Same; law supplementary to laws relating to common schools. Nothing in this law (Sections 32-2219 to 32-2223) shall be construed as repealing, changing or modifying any of the laws now in force relative to vocational training in the common schools of the State, nor as repealing, changing or modifying the laws relative thereto or the method of distribution of funds to common schools for teaching vocational sub-
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jects, but said laws shall be construed as giving and granting additional and supplemental powers relative to the teaching of vocational subjects and courses. (Acts 1945, pp. 229, 232.)
PART XXII
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 employment," approved June 2, 1920 (Public 236, 66th Congress; 29 U. S. C. A., Section 31; c. 219, Section 1, 41 Stat. 735; c. 265, 43 Stat. 431), 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.)
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 legislation pursuant thereto enacted by the State; 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 for the vocational rehabilitation of such persons; and to do all things necessary to insure the vocational rehabilitation of persons disabled in industry or 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
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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 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 Act. (Acts 1920, p. 281.)
PART XXIII
ILLITERACY, DUTIES OF STATE BOARD OF EDUCATION.
Section 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 to encourage and promote the establishment of schools for adult illiterates and to cooperate with other State, county or Federal agencies in the elimination of 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 elemination 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 enlightenment 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; 1943, p. 241.)
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
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which shall seem to it most systematic and satisfactory. (Acts 1919, p. 255; 1931, pp. 7, 40.)
SCHOOLS FOR ILLITERATE ADULTS.
32-2501. Schools authorized. The county commissioners, or the ordinaries of such counties as have no commissioners, shall have 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.)
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.)
32-2503. Power of county boards of education to establish and conduct schools. In those counties where neither the county commissioners nor the ordinaries make provision for the establishment of schools for instructing adult illiterates in the elementary branches of an English education, the county boards of education shall have the power in their discretion to establish and conduct such adult schools and provide for the expenses of maintaining said schools out of any school funds which may be available for that purpose, and to cooperate with any State or Federal agency or authority in promoting adult education and reducing adult illiteracy within their respective counties. (Acts 1943, p. 355.)
PART XXIV
STATE LIBRARY COMMISSION AND PUBLIC LIBRARIES.
Sections 32-2601, 32-2602 and 32-2603 were repealed by Acts 1943, o. 385. The 1943 Act is codified in the Annotated Pocket Part under sections as follows:
32-2604. State Library Commission abolished; transfer of functions and services to State Board of Education. Chapter 32-26, entitled "State Library Commission," is hereby repealed. The State Library Commission is hereby abolished and the functions and services heretofore exercised and performed by it shall be hereafter exercised and performed by the State Board of Education. (Acts 1943, p. 385.)
32-2605. Duties of State Board of Education relating to libraries; employment of staff; expenses. The State Board of Education shall give aid, advice, and counsel to all libraries and communities which may propose to establish libraries as to the best means of establishing and administering them, the selection of books, cataloging and other details of library management, and shall exercise supervision over all public libraries, and shall endeavor to improve libraries already established. The
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State Board may also conduct a book-lending and information service for the benefit of the citizens of the State, free of cost except postage. The Board is also authorized to purchase, for such purposes, books, periodicals and other instructional materials. The Board may also employ the necessary professional and clerical staff upon the recommendation of the State Superintendent of Schools, to carry on the work as herein stated, and pay their necessary traveling expenses while engaged in such work. (Acts 1943, p. 385.)
32-2606. Acceptance of gifts by Board. Report of libraries. Policy as to library service stated. The State Board shall have authority to accept gifts of books, money or other property from any public or private source, including the Federal Government, and shall have authority to perform any and all functions necessary to carry out the intention and purposes of this law. (Sections 32-2604 to 32-2607). All public libraries in the State shall submit reports annually to the State Board. It is hereby declared to be the policy of the State as a part of the provisions for public education to promote the establishment and development of public library service throughout the State. (Acts 1943, pp. 385, 386.)
32-2607. Funds for public library services. The funds now appropriated or otherwise available to the State Library Commission for the carrying on of said work are hereby transferred to the State Board of Education. In order to effectuate the purposes of this law (Sections 32-2604 to 32-2607) there shall be made available to the State Board of Education whatever funds may be duly allocated to it by the proper authority, either by specific appropriation or otherwise as now provided by law, and the said State Board of Education shall be authorized to disburse such funds to public libraries serving persons of all ages through legally constituted municipal library boards and/or to the other legally constituted local library boards as may now or hereafter be established by law. Said State Board of Education shall, by virtue hereof, use such funds for the purpose of aiding and supplementing the establishment and development of public library services. (Acts 1943, pp. 385, 386.)
PUBLIC LIBRARIES
32-2701. How libraries maintained. Any city may, through its properly constituted municipal authorities, raise by taxation, from year to year, and permanently appropriate money for the purpose of establishing or erecting or maintaining a public library, or assisting in maintaining a public library. Any such sum or sums of money so appropriated shall be expended by and under the direction of the board of trustees of such public library elected by the city council of said city. (Acts 1901, p. 52; 1904, p. 90.)
32-2702. Disbursements, how made. In any city in which an appropriation shall be made under or by virtue of the authority conferred by this Chapter, the money so appropriated shall be drawn from the treasury
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of said city on the warrant of said board of trustees of such public library elected by the city council of said city, and shall be paid out from time to time in the payment of salaries, purchase of books, and other necessary expenses of said library, and an itemized statement of the amounts so paid out shall be made annually to the mayor of said city, and by him submitted to the properly constituted authorities of said city. (Acts 1901, p. 52; 1904, p. 90.)
32-2703. Donations. Said board of trustees are authorized to accept and receive donations, either in money, land, or other property for the purpose of erecting or assisting in the erection of suitable buildings for the use of said public library, for maintaining the same, or for assisting in maintaining the same. (Acts 1901, p. 52; 1904, p. 901.)
32-2704. Duties of board of trustees. Said board of trustees shall exercise a strict and rigid supervision over said public library, and shall pass all necessary rules and regulations for the government and control of the same; shall elect a librarian and, if necessary, an assistant librarian, or designate some officer or officers to perform the duties of librarian or assistant librarian, and shall appoint and discharge the said officer or officers at pleasure. (Acts 1901, p. 52; 1904, p. 90.)
32-2705. Powers of the city. The municipal government of any such city shall have authority to enter into a legal and binding agreement to accept and receive any donation offered by any person or persons on such terms as may be agreed upon between said person or persons and said municipal government, and such agreement so made shall be legal and binding upon said municipal government and its successors; and all agreements by said municipal government of said city to pay any sum or sums of money annually thereafter for the use of said public library shall be legal and binding on the said city; and any ordinance or ordinances carrying said agreement into effect shall have the force and effect of law and be binding on the said city during the time mentioned in said agreement and said ordinance. (Acts 1901, p. 52.)
32-2706. Public libraries outside municipalities; authority to maintain. Political subdivisions, other than municipal corporations, are hereby authorized to establish and maintain public libraries for purposes of education, and to support the same by current revenue or by donations or bequests which they are authorized to receive for that purpose; and such political subdivisions may contract with each other and with such municipal corporations as may be already maintaining libraries, operated either by their own governing bodies or by boards of trustees or other officials, within the counties in which such municipal corporations are situated, or in adjoining counties, and may enter into cooperative agreements in the establishment and maintenance of such libraries upon such terms as may be agreed on between their respective governing bodies: Provided, however, that any such contract or cooperative agreement relating to a library maintained by a municipality, but operated by a board of trustees, or other officials, shall be made by the governing body
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of such political subdivision with the governing body of any such municipality and the board of trustees, or other official through whom such library so maintained by such municipality is operated. (Acts 1935, p. 400, 1937, p. 715.)
32-2707. Same; library board, its personnel and powers. Whenever, under the provisions of section 32-2706, the governing authorities of any political subdivision shall establish a public library therein, the county board of education shall, ex officio, constitute the library board: Provided, nevertheless, that in the establishment or maintenance of a public library or public library service by contract or cooperative agreement between said political subdivisions, the agreement between the respective governing authorities of said political subdivisions may provide that the library board of a political subdivision already maintaining a public library or public library service may constitute the library board, or said agreement may provide as to the constituency and method of selection of the library board, and such agreements shall be valid to that end; and the library board so constituted shall exercise the powers herein conferred upon library boards, subject to such terms not inconsistent with the general purposes herein provided for, as may be contained in such an agreement. (Acts 1935, p. 409.)
32-2708. Same; supervision of libraries; branches and stations; contracts; librarian; employees. The library board, as constituted by section 32-2707, shall have general supervision of the public library established in such political subdivisions, and shall have power to make reasonable rules and regulations for the operation of the same. Said board may establish branches and stations wherever deemed advisable and carry on other forms of library-extension service; they shall create the office of librarian and fix thfe term and compensation thereof; said office to be filled by a person with professional library training and experience, and shall determine the number and kind of other employees of the library, appointing and dismissing such employees upon recommendation of the librarian for just cause. Said board shall have power to contract within the limits of the funds available to them by appropriations, taxation, bequest, donation, or from other sources. (Acts 1935, p. 409.)
PART XXV
GEORGIA ACADEMY FOR THE BLIND AND GEORGIA SCHOOL FOR THE DEAF.
MANAGEMENT AND CONTROL OF INSTITUTIONS BY STATE BOARD OF EDUCATION.
32-2801. Control of Academy for the Blind and School for the Deaf transferred to State Board of Education. Effective July 1, 1943, the authority, powers, duties, supervision, control and management of the Georgia Academy for the Blind, as laid down in Chapter 35-7, and the
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Georgia School for the Deaf, as laid down in Chapter 35-8, are hereby taken from the State Board of Social Security and transferred to the State Board of Education. (Acts 1943, pp. 230, 232.)
32-2802. Inapplicability of laws and regulations governing other schools. No statute nor regulation as to uniformity of curricula, course of study, textbooks, period of operation, qualifications or compensation of teachers, nor any other statute or regulation, applicable to other schools shall apply to the schools herein referred to, as it is declared to be the public policy of this State, that on account of the special requirements of care, training, and education, of the blind and of the deaf they shall have that care, training, and education, specially adapted to their needs, and the State Board of Education is authorized to act accordingly. (Acts 1943, pp. 230, 231, 233.)
32-2803. Transfer of trust fund of Academy for the Blind. The trust fund appertaining to the Georgia Academy for the Blind known as the "Pupils' Trust Fund" and which had its origin in a private subscription made by members of the General Assembly of Georgia prior to the War Between the States shall be, and is hereby transferred to the State Board of Education, which shall administer the income from said fund for the benefit of the pupils of the Georgia Academy for the Blind, said State Board of Education holding and administering said funds as trustees until such time as the General Assembly shall appoint some other agency to operate said Academy for the Blind, and shall appoint some other agency to act as trustees for such fund. (Acts 1943, pp. 230, 231, 233.)
32-2804. Appropriations and receipts from other sources, how used. When moneys or properties are appropriated by the Legislature, or received from any other source by the State Board of Education for the use and benefit of the Georgia Academy for the Blind or the Georgia School for the Deaf, the said Board, unless otherwise directed by the General Assembly, shall not use said moneys or properties except for the benefit of the institution for whose use the moneys or property was appropriated or donated. (Acts 1943, pp. 230, 231, 234.)
32-2805. Continuance of trusts. State Board of Education as substituted trustee. Any trust fund or property, real, personal, or mixed, that may have been heretofore created by will or otherwise as a fund or gift or donation or devise to any board of trustees of any of the institutions hereinbefore mentioned, or to any executor or trustee to and for the use, benefit, on behoof of any such institution, shall not lapse by virtue of any of the provisions of this Chapter, but the same shall remain valid and of full force and effect, and such beneficial interest under any such deed or gift or will or other conveyance shall vest in said State Board of Education as trustee to and for the use, benefit, and behoof of the institution intended to be benefited by said gift, devise, or other conveyance in its favor. In any case where provisions of any deed of gift, or will, or other conveyance hereinbefore referred to, require a trustee, and no trustee shall in any contingency exist, said State Board
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of Education shall be and become a substituted trustee to carry out the beneficial purposes of said gift, devise, or conveyance. (Acts 1943, pp. 230, 232, 234.)
PART XXVI
TEACHERS RETIREMENT SYSTEM.
32-2901. Definitions. The following words and phrases as used in this Chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Retirement system" shall mean the Teachers' Retirement System of Georgia as defined in section 32-2902 of this Chapter.
(2) "Board of trustee" shall mean the Board of Trustees as provided for in section 32-2907 of this Chapter to administer the retirement system.
(3) "Public school" shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed county or independent board of education.
(4) "Employer" shall mean the State of Georgia, the county or independent board of education, the State Board of Education, the Board of Regents of the University System of Georgia, or any other agency of and within the State by which a teacher is paid.
(5) "Teacher" shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in the supervision of the public schools, or any employee of the State Board of Education employed in a teaching or supervisory capacity or any bona fide teacher or supervisor or teachers employed in any school operated by the State Department of Education, or any teacher or supervisor of teachers employed and paid by the Board of Regents of the University System of Georgia and all nonclerical personnel of the Agricultural Extension Service of the University of Georgia. The word "teacher" shall include school librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the University System, and shall include secretary and treasurer of the Board of Regents. The Board of Trustees shall determine in doubtful cases whether any person is a teacher, as defined in this Chapter. In the event the Georgia Education Association and any full time employee thereof requests the Board of Trustees to permit the Association as employer and such employee to make contributions as herein defined to provide retirement benefits for such employee, the Board may permit such employee to come under the operation of this Chapter as a teacher but the State shall make no contributions on account of such employee. The word "teacher" shall not be deemed to include any emergency or temporary employee.
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(6) "Member" shall mean any teacher included in the membership of the retirement system as provided in section 32-2903.
(7) "Service" shall mean service rendered as a teacher and paid for by the State or other employer.
(8) "Prior service" shall mean service rendered prior to July 1, 1943, for which credit is allowable as provided in section 32-2904.
(9) "Membership service" shall mean service as a teacher rendered while a member of the retirement system for which credit is allowable as provided in section 32-2904.
(10) "Creditable service" shall mean prior service plus membership service.
(11) "Regular interest" shall mean interest compounded annually at such a rate as shall be determined by the Board of Trustees in accordance with section 32-2916.
(12) "Accumulated contributions" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his" individual account in the annuity savings fund, together with regular interest thereon, as provided in section 32-2921, subsection (1).
(13) "Earnable compensation" shall mean the full rate of regular compensation, excluding any part of compensation in excess of $3,000 per annum, payable to a member teacher for his full normal working time; in cases where compensation includes maintenance, the Board of Trustees shall fix the value of that part of the compensation not paid in money.
(14) "Average final compensation" shall mean the average annual earnable compensation of a teacher during the last five years of credited service, or if he has had less than five years of creditable service, his average annual earnable compensation during his total creditable service.
(15) "Annuity" shall mean annual payments for life derived from the accumulated contributions of a member.
(16) "Pension" shall mean annual payments for life derived from contributions of the State or other employer.
(17) "Retirement allowance" shall mean the sum of the annuity and the pension, or any optional benefit payable in lieu thereof as provided in section 32-2905, subsection (8). All retirement allowances shall be payable in equal monthly installments; except that the Board of Trustees may pay, in lieu of a retirement allowance of less than $10 per month, a lump sum equivalent actuarial value.
(18) "Retirement" shall mean withdrawal from service with a retirement allowance granted under the provisions of this Chapter.
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(19) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this Chapter.
(20) "Annuity reserve" shall mean the present value of all payments to be made on account of an annuity, or benefit in lieu of an annuity, computed at regular interest upon the basis of the mortality tables adopted by the Board of Trustees.
(21) "Pension reserve" shall mean the present value of all payments to be made on account of a pension, or benefit in lieu of a pension, computed at regular interest upon the basis of the mortality tables last adopted by the Board of Trustees.
(22) "Actuarial equivalent" shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted by the Board of Trustees.
(23) "Local retirement fund" shall mean any teachers' retirement fund or other arrangement for the payment of retirement benefits to teachers, maintained during the calendar year 1943 wholly or in part by contributions made by an employer as defined by this Chapter, exclusive of the system created by this Chapter.
(24) "Commencement date" shall mean January 1, 1945, or as soon thereafter as the Board of Trustees shall determine, for the commencement of contributions by the State, by employers and by members, for the annuities and pensions provided by this Chapter. (Acts 1943, pp. 640, 641.)
32-2902. Name and powers and privileges of system. A retirement system is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances and other benefits under the provisions of this Chapter for teachers of the State of Georgia. It shall have the power and privileges of a corporation, the right to sue and be sued, to implead and be impleaded, and shall be known as the "Teachers Retirement System of Georgia", and by such name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held. (Acts 1943, pp. 640, 644.)
32-2903. Membership. (1) Any person who becomes a teacher after January 1, 1944, shall become a member of the retirement system as a condition of his employment, except as herein otherwise provided.
(2) Any person who was a teacher on January 1, 1943, or becomes a teacher prior to January 1, 1944, shall become a member unless prior to January 1, 1944, he files with the Board of Trustees on a form provided by the Board a notice of his election not to be included in the membership of the system and a duly executed waiver of all present and prospective benefits which would otherwise accrue to him by participating in the system. Such a teacher who elects not to become a mem-
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ber may thereafter apply for and be admitted to membership, but without credit for service rendered after July 1, 1943, and prior to the time he becomes a member, and without prior service credit. Provided, that any teacher now in life, who has reached the age of 60, who has taught in the common schools of the State, operated by the State Department of Education, or any of the State educational institutions financed by the State of Georgia, for a period of 35 years, and who retired from service in such schools or educational institutions prior to the time this Act became effective, shall be deemed a member of the retirement system. Benefits to be paid to such a member shall be computed on the average earnings received by such a member for the last five years of actual services rendered in such schools and educational institutions.
(3) A teacher otherwise eligible shall be classified as a member only while he is in the service of an employer not operating a local retirement system.
(4) The membership of any member shall terminate if he dies, retires under this retirement system, or withdraws his contributions, or if in a period of three consecutive years after becoming a member he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund. Notwithstanding the foregoing, the Board of Trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the Board of Trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. No benefit under the retirement system other than the payment of the contributions of such a teacher with allowable interest credits shall become payable to him or on his account while he is not in service as a teacher and no contribution, shall be made to this system by the State or other employer by reason of his service during any such time, except as herein otherwise provided. (Acts 1943, pp. 640, 645; Acts 1947, pp. 1494, 1496.)
32-2903a. Eligibility to membership of teachers receiving retirement pay from Regents of University System. Teachers in the University System of Georgia who receive or hereafter receive retirement pay or allowances from or through Regents of the University System of Georgia when retired shall not be disqualified from being members or beneficiaries of the retirement system provided for by this Chapter, known as the teachers retirement system. The word "teacher" shall be given the same meaning as is provided in this Chapter. (Acts 1945, p. 454.)
32-2904. Creditable service. (1) The Board of Trustees shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, but in no case shall more than one year of service be creditable for all service in one calendar
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year. Service rendered for a regular school year shall be equivalent to one year's service.
(2) Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or in lieu of having taught in 1943, teaches two out of three years between January 1, 1940 and January 1, 1943, or has taught two years from January 1, 1945 to January 1, 1948, shall file a detailed statement of all services as a teacher rendered by him prior to July 1, 1943, for which he claims credit. In the event any person who would otherwise have qualified under this Subsection shall be on leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the Board of Trustees shall issue a prior service certificate certifying to the members the period of service prior to July 1, 1943 with which he is credited on the basis of his statement of service, and certifying the amount of his 'prior service accumulation' as defined in Subsection (3) of this Section 4. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may within one year from the date of issuance or modification of such certificate, request the Board of Trustees to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void.
(3) The prior service accumulations of a member shall be equal to the amount of the contributions he would have made had the retirement system been in operation, together with regular interest thereon to July 1, 1943, at the rate of regular interest in effect on that date, if he had made contributions during his prior service with respect to his earnable compensation as defined in section 32-2901, subsection (13), including service in a school system in this State, which operates or operated a local retirement fund. In determining the earnable compensation of any member for the years of his prior service, the Board may use, in lieu of the compensation received by the member during his prior service, the rates of compensation which, if they had progressed during such prior service in accordance with the tables adopted by the Board as provided in section 32-2916, would have resulted in the same average final compensation on July 1, 1943, as the records show the member received.
(4) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him since he last became a member after the commencement date, and, if he has a prior service certificate in full force and effect, the amount of the service certified on his prior service certificate. (Acts 1943, pp. 640, 646; Acts 1947, pp. 872, 874.)
32-2905. Service retirement benefits. (1) Optional and compulsory service retirement benefits.

(a) Any member in service may retire on a service retirement allowance upon written application to the Board of Trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired, provided the member at the time so specified for retirement has attained age 60 and notwithstanding that during such period of notification he may have separated from service.
(b) Any member in service who on the commencement date has attained age 70 or who thereafter attains age 70 shall be retired forthwith on a service retirement allowance; except that with the approval of his employer he may remain in service until the end of the school year. Upon the recommendation of the employer and approval by the Board of Trustees a member may be continued in service for a period of one year following each such recommendation and approval, but not beyond June 30, 1949.
(2) Allowance on service. Retirement. Upon service retirement a member shall receive a service retirement allowance which shall consist of:
(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and,
(b) A pension equal to the annuity allowable at age 60 computed on the basis of his contributions made prior to the attainment of age 60.
(c) If he has a prior service certificate in full force and effect, and additional pension which shall be equal to the annuity which would have been provided at age 60 by twice the amount of his prior service accumulations as defined in section 32-2904, subsection (3), with regular interest thereon as from time to time in effect from the commencement date to his attainment of age 60.
(3) Disability retirement benefit. Any member in service may be retired by the Board of Trustees on a disability retirement allowance upon written application to the Board of Trustees made by such member or by his employer, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, provided such member has fifteen or more years of creditable service, and provided the Medical Board, after a medical examination of such member, shall certify that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent and that he should be retired.
(4) Allowance on disability retirement. Upon disability retirement a member shall receive a service retirement allowance if he has attained age 60, otherwise he shall receive a disability retirement allowance which shall consist of:
(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement.
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(b) A pension equal to 75 per centum of the pension that would have been payable upon service retirement at age 60 had he continued in service to age 60 without further change in compensation.
(5) Reexamination of beneficiaries retired on account of disability. Once each year during the first five years following retirement of a member on a disability retirement allowance, and once in every threeyear period thereafter, the Board of Trustees may require a disability beneficiary who has not yet attained age 60 to undergo a medical examination, such examination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the Medical Board, and such a beneficiary may himself request such an examination. Should any disability beneficiary who has not yet attained age 60 refuse to submit to such medical examination, his pension may be discontinued by the Board of Trustees until his withdrawal of such refusal, and should his refusal continue for one year all his rights in and to his pension may be revoked by the Board of Trustees. Should the Medical Board report and certify to the Board of Trustees, that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his average final compensation, the Board of Trustees may reduce his pension to an amount which, together with his annuity and the amount earnable by him, equals his average final compensation. Should his earning capacity be later changed, the amount of his pension may be further modified: Provided that the new pension shall not exceed the amount of the pension originally granted nor an amount which, when added to the amount earnable by him together with his annuity, equals his average final compensation.
(6) Restoration of beneficiaries to membership. If a beneficiary is restored to service and receives annual compensation of not less than his average final compensation, his retirement allowance shall cease, and he shall again become a member of the retirement system and contribute thereafter. Anything in this Chapter to the contrary notwithstanding, any prior service certificate on the basis of which his creditable service was computed at the time of his retirement shall be restored to full force and effect, and upon his subsequent retirement he shall be credited with all his service as a member, but should he be restored to service on or after the attainment of age 50 his pension upon subsequent retirement shall not exceed the sum of the pension which he was receiving immediately prior to his last restoration to membership and the pension payable in respect to his service since his last restoration to membership.
(7) Return of contributions. If a member ceases to be a teacher other than by death or by retirement under this retirement system, the amount of his contributions to this retirement system shall be payable to him upon his request, with no interest credits thereon if he has less than five years of membership service or with three-quarters of the
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regular interest credited thereon to the time he ceases to be a member, if he has five or more years but less than 15 years of membership service, or with the full regular interest thereon to the time he ceases to be a member if he has 15 years or more membership service. If a member dies, the amount of his accumulated contributions, with interest credits thereon, according to his length of service as in this subsection specified, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise, to the member's estate.
(8) Optional allowances. Until the first payment of any member's retirement allowance becomes normally due, he may elect to convert the retirement allowance, otherwise payable to him, into a modified retirement allowance of equivalent actuarial value in accordance with one of the optional forms named below; provided, however, that if he dies within 30 days after retirement, his optional election shall not be effective, and he shall be considered to be a member in actual service at the time of his death.
Option 1. A reduced retirement allowance payable during the life of the retired member, with the provision that if he dies before he has received in payments of his annuity the amount of his accumulated contributions at the time of his retirement, the balance of such amount shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees, otherwise to the retired member's estate.
Option 2. A reduced retirement allowance payable during the life of the retired member, with the provision that after his death the reduced retirement allowance shall be continued through out the life of and paid to the person nominated by him by written designation duly executed and filed with the Board of Trustees at the time of his retirement.
Option 3. A reduced retirement allowance payable during the life of the retired member, with the provision that after his death one-half of the reduced retirement allowance shall be continued throughout the life of and paid to the person nominated by him by written designation duly executed and filed with the Board of Trustees at the time of his retirement; or
Option 4. A reduced retirement allowance payable during the life of the retired member with the provision that upon his death some other benefit shall be payable; provided, that the total value of the retirement allowance payable during his life and the succeeding benefit shall be computed to be of equivalent actuarial value to the retirement allowance which he would receive without optional modification and provided that the benefit shall be approved by the Board of Trustees.
(9) Time when service benefits become effective. No member shall retire or receive benefits under this retirement system prior to the commencement date, but any person eligible for service retirement or dis-
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ability benefits after January 1, 1943, and prior to the commencement date shall be entitled to the benefits provided by this Chapter, even though he is not a teacher on the commencement date. (Acts 1943, pp. 640, 647.)
32-2906. Administration. The administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this Chapter are hereby vested in the Board of Trustees, which shall be organized immediately after a majority of the trustees provided for in section 32-2907 have qualified and taken the oath of office. (Acts 1943, pp. 640, 652.)
32-2907. Board of Trustees; number, election, ex-officio members. The Board of Trustees shall consist of seven trustees as follows:
(a) The State Auditor, ex officio.
(b) The State Insurance Commissioner, ex officio.
(c) The Secretary of the Georgia Education Association, ex officio.
(d) One member, a school administrator or a school principal; one member, an employee of the Board of Regents of the University System of Georgia; and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the Assembly of the Georgia Education Association in accordance with such rules as the Board of Trustees shall adopt to govern such election: Provided, however, that two of the three members herein referred to shall first be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946, and the third member shall be first appointed by the Board of Regents to serve for a term from the date of appointment to June 30, 1945.
(e) The seventh trustee shall be a citizen of the State, not a member of the retirement system, who shall be experienced in the investment of moneys and who shall be elected by the remaining six trustees for a term of four years, the first such term to expire June 30, 1947. (Acts 1943, pp. 640, 652.)
32-2908. Same; vacancies. If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term by the remaining trustees. (Acts 1943, pp. 640, 653.)
32-2909. Same; compensation of members. The trustees shall serve without compensation, but shall be reimbursed from the expense fund provided for in section 32-2921, subsection (5), for all necessary expenses that they may incur through service on the Board of Trustees. (Acts 1943, pp. 640, 653.)
32-2910. Same; oath of members. Each trustee shall within 10 days
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after his appointment or election, take oath of office that so far as it; devolves upon him he will diligently and honestly administer the affairs of the Board of Trustees, and that he will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system. Such oath shall be subscribed to by the trustee making it and certified by the officer before whom it is taken and shall be filed immediately in the office of the Secretary of State. (Acts 1943,. pp. 640, 653.)
32-2911. Same; quorum; votes; rules and regulations. Five trustees at any meeting of the Board of Trustees shall constitute a quorum totransact business. Each trustee shall be entitled to one vote in the Board, and four votes shall be necessary for a decision by the Board. Subject to the limitations of this Chapter, the Board of Trustees may from time to time, establish rules and regulations for the administration of the funds created by this Chapter and for the transaction of its business. (Acts 1943, pp. 640, 654.)
32-2912. Same; chairman; secretary; employees and their compensation. The Board of Trustees shall elect from its membership a chairman and shall elect a secretary who shall not be one of its members. The Board shall engage such actuarial and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the Board, and all other expenses of the Board necessary for the operation of the system shall be paid at such rates and in such amounts as the Board of Trustees shall approve. (Acts. 1943, pp. 640, 654.)
32-2913. Same; keeping actuarial data and record of proceedings; annual reports. The Board of Trustees shall keep in convenient form such data as shall be necessary for actuarial valuations of the various funds of the retirement system, and for checking the experience of the system. The Board of Trustees shall keep a record of all of its proceedings, which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the retirement system for the preceding year, the amount of the accumulated cash and securities of the: system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the contingent assets and liabilities of the system. (Acts 1943, pp. 640, 654.)
32-2914. Same; legal adviser. The State Attorney General shall be the legal adviser of the Board of Trustees. (Acts 1943, pp. 640, 655.)
32-2915. Medical Board. The Board of Trustees shall designate a Medical Board of three physicians not eligible to participate in the retirement system. If required, other physicians may be employed to report on these special cases. The Medical Board shall arrange for and pass upon all medical examinations required under the provisions of this. Chapter, and shall report in writing to the Board of Trustees its conclu-
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:sions and recommendations upon all the matters referred to it. (Acts 1943, pp. 640, 655.)
32-2916. Actuary; designation, duties. Mortality tables. The Board of Trustees shall designate an actuary who shall be the technical adviser of the Board on matters regarding the operation of the funds created by the provisions of this Chapter, and who shall perform such duties as are required in connection therewith. From time to time and at least in every five-year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the retirement system, and recommend for adoption by the Board of Trustees mortality, service and other tables needed in the operation of the system, and taking into account the results of such investigations the Board from time to time shall adopt for the system such mortality, service and other tables as it shall deem necessary, for use in all calculations required in connection with this system. The Board shall also determine from time to time the rate of regular interest for use in all calculations required in connection with the system, limited to a minimum of two per centum and a maximum of four per centum, with the rate of 3% per centum applicable until changed by the Board. On the basis of regular interest and the tables last adopted by the Board of Trustees, the actuary shall make annual valuations of the contingent assets and liabilities of the retirement system. (Acts 1943, pp. 640, 655.)
32-2917. Management of funds; powers of Board of Trustees. The members of the Board of Trustees shall be the trustees of the retirement system, and shall have full power to invest and reinvest such assets, subject to all the terms, conditions, limitations and restrictions imposed upon the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments; and, subject to like terms, conditions, limitations and restrictions, the trustee shail have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the assets of the system are invested, including the proceeds of any investments and any money belonging to the system. (Acts 1943, pp. 640, 656.)
32-2918. Same; Treasurer, appointment, duties, bond. The Treasurer of the Board of Trustees who shall be appointed by the Board, and subject to the rules and regulations of the Board, shall be the Treasurer of the assets of the retirement system. All payments of the funds of the system shall be made by the Treasurer only upon vouchers signed by the Treasurer and countersigned by one other person designated by the Board of Trustees. The Treasurer of the Board of Trustees shall furnish the Board of Trustees a surety bond in a company authorized to do business in the State of Georgia in such an amount as shall be required by the Board, the premium to be paid from the expense fund provided for in section 32-2921, subsection (5) : Provided that if the Treasurer is a corporate trustee authorized to do business as such under the laws of
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this State, no such bond shall be required in the discretion of the Trustees. (Acts 1943, pp. 640, 656.)
32-2919. Same; deposits and depositories. For the purpose of meeting disbursements for pensions, annuities and other payments, there may be kept available cash on deposit in one or more banks or trust companies organized under the laws of the State of Georgia or of the United States: Provided that the sum on deposit in any one bank or trust company shall not exceed 25 per centum of the paid up capital and surplus of each bank or trust company; and Provided, that each bank shall give a depository bond in an amount sufficient to cover the deposits or each bank shall place in trust a sufficient amount of Federal or State securities as to cover the deposits. (Acts 1943, pp. 640, 656.)
32-2920. Personal interest and profit of trustees and employees. Except as otherwise provided in this Chapter, no trustee or employee of the Board of Trustees shall have any personal interest in the gains or profits from any investment made by the Board, or use in any manner, directly or indirectly, for himself or as an agent, the assets of the retirement system, except to make such payments as are authorized by the Board in accordance with the provisions of this Chapter. (Acts 1943, pp. 640, 657.)
32-2921. Method of financing. All of the assets of the retirement system shall be credited according to the purpose for which they are held among five funds to be known as the annuity savings fund, the annuity reserve fund, the pension accumulation fund, the pension reserve fund and the expense fund.
(1) Annuity savings fund. The annuity savings fund shall be the fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their annuities. Contributions to and payments from annuities savings fund shall be made as follows:
(a) Each employer shall cause to be deducted from the salary of each member for each and every payroll period after the commencement date five per centum of his earnable compensation, but the employer shall not have any such deduction made from the compensation of a member who elects not to contribute if he has attained age 60 and has completed 35 or more years of service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit the deduction from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate the making of deductions the employer may modify the deductions required of any member but not more than one-tenth of one percentum of the annual compensation upon the basis of which such deductions are to b: made. Each employer shall immediately pay to the Board of Trustees, in such manner as the Board
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shall prescribe, the amounts deducted which shall be credited by the Board to the individual accounts in the annuity saving's fund of the members from whose compensation the deductions were made.
(b) The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein, and payment of salary or compensation less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this Chapter.
(c) In addition to the contributions deducted from the compensation of members as hereinbefore provided, any member may, subject to the approval of the Board of Trustees and such conditions as the Board may prescribe, redeposit in the annuity savings fund by a single payment or by an increased rate of contribution an amount equal to the total amount which he previously withdrew therefrom as provided in this Chapter, or any part thereof; or any member may, subject to the approval of the Board and such conditions as the Board may prescribe, deposit therein by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his perspective retirement allowance, will provide for him a total retirement allowance of not more than one-half of his average final compensation at age 60. Such additional amounts so deposited shall become a part of his accumulated contributions: Provided that upon retirement they shall be treated as excess contributions returnable to the member as an annuity of equivalent actuarial value and shall not be considered in computing the pension.
(d) The contributions of a member withdrawn by him, or payable in the event of his death, shall be paid from the annuity savings fund, and any balance on the accumulated contributions standing to the credit of his individual account shall be transferred from the annuity savings fund to the pension accumulation fund. Upon the retirement of a member, his accumulated contributions shall be transferred from the annuity savings fund to the annuity reserve fund.
(e) Notwithstanding the preceding provisions, no deductions shall be made from a member's salary if the employer's contributions as to such member is in default.
(2) Annuity reserve fund. The annuity reserve fund shall be the fund in which shall be held the reserves on all annuities in force and from which shall be paid all annuities, and all benefits in lieu of annuities, payable as provided in this Chapter. Should a beneficiary be restored to membership, his annuity reserve shall be transferred from the annuity reserve fund to the annuity savings fund and credited to his individual account herein.
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(3) Pension accumulation fund. The pension accumulation fund shall be the fund in which shall be accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by employers, as follows:
(a) The contributions of employers of members shall consist of a percentage of the earnable compensation of members to be known as the normal contribution, and an additional percentage of such earnable compensation to be known as the accrued liability contribution. The rate per centum of such contribution shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuation, as provided for in section 32-2916. Until the first valuation, the percentage normal contribution rate shall be 2.73 per centum of each member's earnable compensation and the percentage accrued liability contribution rate shall be 4.10 per centum of each member's earnable compensation.
(b) The percentage normal contribution rate shall be determined after each actuarial valuation. Until all accrued liability contributions have been completed, the percentage normal contribution rate shall be determined on the basis of regular interest and the tables last adopted by the Board of Trustees, as the uniform and constant percentage of the earnable compensation of the average new entrant member which, if contributed on the basis of his prospective earnable compensation throughout his entire period of active service, would be sufficient to provide for the payment of any pension payable on his account. After all accrued liability contributions have been completed, the normal contribution rate shall be the rate per centum of the earnable compensation of all members obtained by deducting from the total liabilities of the pension accumulation fund the amount of the funds in hand standing to the credit of the pension accumulation fund, and dividing the remainder by one per centum of the present value of the prospective future earnable compensation of all members.
(c) Immediately following the first actuarial valuation, the percentage accrued liability contribution rate shall be computed as the rate per centum of the total earnable compensation of all members which is equivalent to four per centum of the total liability of the pension accumulation fund in excess of the funds in hand standing to the credit of the pension accumulation fund, which is not dischargeable by the normal contributions payable in respect of members during the remainder of their active service. The amount of funds for the credit of each annual accrued liability contribution account shall be at least three per centum greater than the amount placed to the credit of each accrued liability contribution account in the previous year and in no event shall the accrued liability contribution in any year be less than the amount which when combined with the normal contributions and the amount of funds in hand standing to the credit of the pension accumulation fund, will provide all payments and transfers from the pension accumulation fund as required by this subsection (3) during the year then current. The
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accrued liability contribution shall be discontinued as soon as the amount of the funds standing to the credit of the pension accumulation fund equals the present value, as actuarially computed, and approved by the Board of Trustees, of the total liabilities of the pension accumulation fund less the present value of the normal contributions to be made at the normal contribution rate then in force in respect of all persons who are at that time members.
(d) In addition to the five per centum contribution of each member for an annuity savings fund as provided for in section 32-2921, subsection (1) (a), that part of the cost for pensions under this retirement system which is to be borne by appropriation from the State, payable to the Board of Trustees, shall consist of the normal and accrued liability contributions based on the part of the earnable compensation of members payable from State teacher salary funds as provided by law, or from funds of the Board of Regents of the University System of Georgia, or from other funds of the State, at the rates provided in section 32-2921, subsection (3) (a), and the balance of the cost for pensions, consisting of the normal and accrued liability contributions at the rates provided in section 32-2921, subsection (3) (a), based on the part of the earnable compensation of members not payable from State teachers' salary funds or from other funds of the State shall be borne by the employers having contributing members in their employ, and each employer having contributing members in its employ shall pay immediately such contributions to the Board of Trustees, to be credited to the pension accumulation fund.
(e) All interest and dividends earned on the funds of the retirement system shall be credited to the pension accumulation fund. Once each year the Board of Trustees shall transfer from the pension accumulation fund to the annuity savings fund, the annuity reserve fund, and the pension reserve fund, respectively, amounts sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund and to allow regular interest on the mean amounts of the reserves in the annuity reserve fund and the pension reserve fund.
(f) All pensions, or benefits in lieu of pensions, payable to or on account of members entitled to credit for prior service shall be paid from the pension accumulation fund. Upon the retirement of a member not entitled to credit for prior service, an amount equal to his pension reserve shall be transferred from the pension accumulation fund to the pension reserve fund. The Board of Trustees in its discretion may transfer from time to time to the pension accumulation fund the amount of any surplus which may develop in the reserves held in the annuity reserve fund or the pension reserve fund as shown by actuarial valuation, or may transfer from time to time from the pension accumulation fund the amount of any deficit which develops in the reserves held in the annuity reserve fund or the pension reserve fund as shown by actuarial valuation.
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(4) Pension reserve fund. The pension reserve fund shall be the fund in which shall be held the reserves on all pensions granted to members not entitled to credit for prior services, and from which such pensions, and benefits in lieu thereof, shall be paid. If a beneficiary receiving a pension from the pension reserve fund is restored to membership, his pension reserve shall be transferred from the pension reserve fund to the pension accumulation fund. If the pension of a disability beneficiary receiving a pension from the pension reserve fund is reduced as a result of an increase in his earning capacity, the amount of the reduction in his pension shall be transferred annually from the pension reserve fund to the pension accumulation fund.
(5) Expense fund. The expense fund shall be the fund to which shall be credited the State funds provided by an appropriation to pay the administrative expense of the retirement system, and from which shall be paid all expenses incurred in the administration and operation of the system.
(6) Appropriation requests. Thirty days prior to the time the State Board of Education fixes the minimum schedule of teachers' salaries for the ensuing year, the percentage normal and accrued contribution rates as determined on the basis of the last annual actuarial valuation shall be certified by the Board of Trustees to each employer having members in its employ. Each employer, other than the State, having members in its employ shall include in its budget filed with the State Superintendent of Schools amounts equal to the contributions on account of contributing members in its employ for the ensuing year. The State Board of Education and the Board of Regents in their estimates submitted to the Governor and General Assembly of the funds necessary for the operation of their respective school systems shall include a request for an appropriation payable to the Board of Trustees in an amount equal to the aforesaid percentages of the part of the earnable compensation of members payable from State teachers' salary or from friends of the Board of Regents or from other State funds and for an additional amount as expense for the operation of the Chapter: Provided that the percentage contribution rates for pensions beginning on the commencement date and until changed, as herein provided, shall be as set forth in subsection (3), paragraph (a) of this section. The General Assembly shall make appropriations to the Board of Trustees sufficient to provide for the said contributions equal to the aforesaid percentages as a part of the earnable compensation of members payable from State teachers salary funds and for the necessary expense to carry out this Chapter.
(7) Date of commencement of contributions. No contributions to the retirement system shall be made by the State, by employers or by members prior to the commencement date, except the contribution of the State for an expense fund to pay the expenses of setting up and operating the retirement system prior to that date. On January 1, 1945, or as soon thereafter as the Board of Trustees shall determine, herein defined
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as the "commencement date", the Board of Trustees shall noiify all employers, and the employers shall notify the members, that contributions will commence on said date; and thereupon the provisions of this Chapter with reference to such contributions will go into effect. In determining the commencement date, the Board of Trustees shall be governed by the money made available by the State to carry this Chapter into effect. (Acts 1943, pp. 640, 657.)
32-2922. Members of local retirement system. (1) Teachers in the service of an employer operating a local retirement fund shall not be members of the retirement system established in this Chapter and such teachers shall make no contributions to this retirement system and shall be eligible for pension benefits under this retirement system only as provided in this section. If such a teacher retires under the provisions of his local retirement fund and if at the time of his retirement he would have been eligible for service retirement under the provisions of his retirement system had he been a member, the Board of Trustees shall pay from this system to the managing board of the local retirement fund a pension equal to the pension for membership service which would have been payable under this system in respect of the part of his earnable compensation payable from State funds if such member had been classified as a member of this system immediately prior to the time of his retirement; and, if, as hereafter provided he has a prior service certificate in full force and effect, the Board shall also pay the pension that would have been payable on account of the prior service accumulations certified thereon; provided that the excess of any such pension payable under this system over the retirement income provided by the local retirement fund by contribution of the employer, shall be payable to the retired teacher, and not to the local retirement fund. It shall be the duty of the employers operating local retirement funds to report to the Board of Trustees annually or at such other intervals as shall be set by the Board, the earnable compensation paid from State funds of each teacher in their employ paid from State funds and such other information as may be needed for establishing the prospective benefit of the member.
(2) Within 90 days prior to January 1, 1944, each employer having a local retirement fund shall report to the board of Trustees a complete list of all teachers in his employ, giving for each such teacher the date of birth, years of service, and salary, showing the amount of such salary which is paid from State funds and such other information as shall be needed by the Board of Trustees in order to establish for each teacher a prior service credit on account of the salary of such teacher paid from State funds, and such Board of Trustees shall then issue to such teacher a prior service certificate which shall continue in force so long as such teacher remains in the employ of such employer, or in the service of an employer not having a local retirement fund, without a break in service which would have resulted in the cancelling of such certificate had the teacher been a member of such system. Should a
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member of the system enter the employ of an employer operating a local retirement fund, he shall cease to contribute to this retirement system and become subject to the provisions of the local retirement fund but he shall not lose his previous accrued credits in the State retirement system so long as he continues in the service of such employer, and he shall accrue additional credits on such part of his salary as is paid from State funds.
(3) Should a teacher in the service of an employer operating a local retirement fund become a member of this retirement system by entrance into the service of an employer, without a local retirement fund, he shall contribute to the State system while so employed and continue with the previous credits in the State system which he had at the time of becoming a member.
(4) Notwithstanding any other provisions of this Chapter, the actuary in determining the normal and accrued liability contributions, and the Board in setting such contributions and the amount of the appropriations to be paid by the State to the Pension Accumulation Fund, shall include the liabilities on account of the State compensation paid to teachers in the employ of employers having local retirement funds, and the pension payable from the Pension Accumulation Fund and the Pension Reserve Fund shall include those payable on account of teachers in the service of employers having local funds as provided in this section.
(5) If the majority of teachers in the service of an employer operating a local retirement fund vote to discontinue the local retirement fund and the employer approves such discontinuance, the local retirement fund shall be dissolved and its operation discontinued as of a date to be set by the employer. Teachers in the employ of such employer shall thereupon become eligible for membership in this retirement system. Within one year after the dissolution of the local retirement fund, its managing board shall pay to each teacher covered by the local retirement fund the amount, if any, which would have been payable under the local retirement fund as a withdrawal benefit had his employment terminated on the date of dissolution. If the assets of the local fund are not sufficient to make the aforesaid payments in full to or in respect of all teachers, the payments shall be reduced in the ratio that the amount of such asset bears to the total of such payments if made in full; or if a balance remains after making such payments in full to or in respect of all teachers, such balance shall be paid by the managing board of the local retirement fund to the employer. Upon the dissolution of any local retirement fund, in accordance with this subsection, the employer shall become liable for and shall pay all pensions entered upon and in effect at the time the local retirement fund is dissolved.
(6) If any local retirement fund shall be dissolved as herein provided within six months after the commencement date, teachers in the service of such employer shall be entitled to become members of this system as of the date of such dissolution, and shall be entitled to prior service
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credits as herein provided for other members, for service previous to July 1, 1943, and shall be entitled to creditable service after the date of such dissolution.
(7) Anything in this section to the contrary notwithstanding, an employer operating a local retirement fund may elect to have benefits payable under this retirement system in respect of earnable compensation in excess of the part of earnable compensation payable from the State funds, and, if the Board of Trustees of this system approves, an actuarial valuation shall be made by the actuary of this system to determine the amount of the additional contribution payable by the employer to provide such additional benefits. Upon agreement of the employer to provide such additional contributions by uniform payments over a period of not more than 20 years, such additional credits shall be allowed the members in the employ of such employer as will result in the payment of such additional benefits at retirement. (Acts 1943, pp. 640, 664.)
32-2923. Exemption of.rights under Chapter from legal process. Assignability. The right to a pension, an annuity, Or a retirement allowance, to the returns of contributions, the pension, annuity or retirement allowance itself, any optional benefit or any other right accrued or accruing to any person under the provisions of this Chapter, and the moneys in the various accounts created by this Chapter, are hereby exempt from any State, county or municipal tax, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as in this Chapter specifically otherwise provided. (Acts 1943, pp. 640, 668.)
32-2924. Correction of errors. Should any change or error in the records result in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. (Acts 1943, pp. 640, 668.)
32-2925. Obligations of pension accumulation fund. The maintenance of annuity reserves and pension reserves as provided in this Chapter, the crediting of regular interest to the various funds as provided in section 32-2921, and the payment of all pensions, annuities, retirement allowances, refunds and other benefits granted under the provisions of this Chapter are hereby made obligations of the pension accumulation fund. All assets of the pension accumulation fund, and all income, interest and dividends derived from deposits and investments shall be used for the payment of said obligations and for no other purpose. (Acts 1943, pp. 640, 669.)
32-2926. Applicability of other statutes providing teachers' pensions or retirement benefits.--Except as specifically provided in this Chapter,
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no other provision of law under any other statute which provides wholly or partly at the expense of the State of Georgia for pensions or retirement benefits for teachers in the State, their widows or their dependents, shall apply to members or beneficiaries of this retirement system, their widows or their dependents. (Acts 1943, pp. 640, 669.)
32-2927. Effective date of Chapter. Time for beginning of contributions. This Chapter shall become effective upon its approval but neither the State nor any other employer or member shall be obligated to make contributions for the pensions and annuities provided herein until after the General Assembly has by appropriation made available funds for the contribution of the State for its part of such pensions and annuities as stated in this Chapter. (Acts 1943, pp. 640, 669.)
Note: Municipalities may levy taxes for retirement. Section 1, Act 1946, page 24.
Section 1. That from and after the passage of this Act all municipalities of the State of Georgia are hereby authorized and empowered to levy and collect taxes for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems.
TEACHERS' RETIREMENT--SALARY DEDUCTIONS REQUIRED BY ACT APPROVED MARCH 24, 1947.
The Act provided as follows:
Section 1. That from and after the passage of this Act it shall be the duty of each county board of education, the board of education of each independent school system and of each and every employer of school teachers as employer and teacher are defined by the Teachers Retirement Act approved March 19, 1943, Georgia Laws 1943, pp. 640-670, to deduct and collect from each teacher's salary the amount provided in Section 8 of the Teachers Retirement Act, Georgia Laws 1943, pp. 640670, and to make monthly remittance thereof to the board of trustees under said Teacher Retirement Act. Each employer of teachers shall likewise make employers contribution as required by Section 8 of said Act and shall make monthly remittance thereof to the board of trustees along with teachers contributions.
Section 2. Should any employer of a teacher as defined by the Teachers Retirement Act fail to make collections from teachers and to contribute as required by said Teachers Retirement Act and fail to make monthly remittance of the amounts as required by Section 1 of this Act, it shall be the duty of the board of trustees to notify the State Board of Education of such failure, and thereupon it shall be the duty of the State Board of Education to withhold from said county board or school unit failing to comply herewith all appropriations allotted to such county board of education or school unit until said county board of education or school unit has fully complied with the provisions of Sec-
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tion 1 of this Act by making remittance of the sums of contributions required of teachers and employers by the Teacher Retirement Act. (Acts 1947, p. 1156.)
PART XXVII
CRIMES IN GENERAL.
32-9901. Gifts to school officials by publishers. Any person violating the provisions of section 32-416, in regard to gifts or remuneration to members of the State Board of Education or others having authority to select school books, by publishers or their agents, shall be guilty of a misdemeanor, and on conviction shall be punished as provided by law in such cases. (Acts 1937, pp. 864, 868.)
32-9902. Officers', etc., failure of duty; punishment. On the failure or the refusal of any person or persons mentioned in section 32-406 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 schoolbooks, 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, relating to uniform textbooks for the common schools, shall be guilty of a misdemeanor and upon conviction shall be punished as provided therefor. (Acts 1931, pp. 136, 145.)
32-9904. Punishment for furnishing books and supplies. Any publisher of school textbooks, or agent of such publisher, or any member of any board of education, or public school official who violates any of the provisions of sections 32-801 to 32-812, relating to furnishing books other than uniform textbooks, etc., on conviction thereof shall be punished as for a misdemeanor; and any such member of a board of education or public school official shall, in addition, be removed from his official position. Any retail dealer of school textbooks 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 fraudulently make, forge, alter or counterfeit, or cause or procure to be falsely and fraudulently made, forged, altered or counterfeited, or shall willingly aid or assist in falsely and fraudulently making, forging, altering or counterfeiting, any certificate or license issued by any county superintendent of schools or the executive officer of any local school board to a teacher, shall be guilty of a felony, and upon conviction therefor shall be punished as prescribed by section 26-3901. (Acts 1919, p. 355.)
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32-9906 was repealed by Acts 1945, pp. 343, 348. The 1945 Act enacted a new Compulsory School Attendance Law. For the penal provisions of that law see Sections 32-9913 and 32-9914.
32-9907. Violation of sections 32-1022 to 32-1024 concerning teachers' oath. Any person violating the provisions of sections 32-1022, 32-1023 or 32-1024 relating to oath of teachers and other State employees shall be guilty of a misdemeanor, and shall be discharged immediately from his or her position. (Acts 1935, p. 1306.)
32-9908. Violation of section 32-949. Any member of any county board of education violating the provisions of section 32-949, forbidding any member of a county board of education to sell to any county board of education any supplies or equipment used, consumed, or necessary in the operation of any public school, shall be guilty of a misdemeanor and, upon conviction shall be punished as for a misdemeanor. (Acts 1943, pp. 273, 274.)
32-9909. Admission tickets to athletic contests of colleges in university system; price. It shall be unlawful for any admission ticket to any athletic contest of any college of the university system of Georgia IO be sold for a price in excess of the price printed on the face of the ticket. (Acts 1943, p. 623.)
32-9910. Same; place and manner of sale. It shall be unlawful to sell any admission ticket to any athletic contest of the colleges of the university system of Georgia at any place or in any manner, except at such places and in such manner, as may be designated by the proper athletic authorities of the college issuing said ticket. (Acts 1943, pp 623, 624.)
32-9911. Violation of sections 32-9909 and 32-9910. Any person, firm or corporation violating any of the provisions of sections 32-9909 and 32-9910 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (Acts 1943, pp 623, 624.)
32-9912. Attempting to defraud teachers retirement system created by Chapter 32-29. Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the teachers retirement system created by Chapter 32-29, in any attempt to defraud the system as a result of such act shall be guilty of misdemeanor, and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding $500, or imprisonment not exceeding 12 months, or both, such fine and imprisonment to be at the discretion of the court. (Acts 1943, pp. 640, 668.)
32-9913. Compulsory school attendance law; violating rules of State Board of Education or section 32-2114. Any person violating any provision of section 32-2114, relating to cooperation of school officials with visiting teachers and attendance officers, or of the rules and regulations
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of the State Board of Education, relating to compulsory school attendance, previously published one time in the official education journal of the State, shall be deemed guilty of a misdemeanor, and shall be subject to a fine not to exceed $100. (Acts 1945, pp. 343, 347.)
32-9914. Same; penalties for violations of Chapter 32-21 by parents and guardians; duty of visiting teachers and attendance officers to file proceedings. Any parent, guardian, or other person residing in this State who has control or charge of a child or children and who shall violate the provisions of Chapter 32-21, relating to compulsory school attendance shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $100 or imprisonment not to exceed 30 days, or both, at the discretion of the superior, city or other court having jurisdiction. Each day's absence from school in violation of said Chapter shall constitute a separate offense. Visiting teachers and attendance officers shall have authority and it shall be their duty to file proceedings in court to enforce the provisions of said Chapter. (Acts 1945, pp. 343, 347.)
32-99IS. Violations of laws relating to taking of school census. If any parent, guardian, or other person refuses to give any properly authorized census-taker, teacher, school principal, or other school official charged with the duty of obtaining the school census in any county or independent school system the necessary information to enable such person to obtain an accurate and correct census, or shall knowingly and wilfully make any false statement to any person duly authorized to take the school census of any county or independent system, he shall be deemed guilty of a misdemeanor and shall be fined not to exceed $25 or imprisoned not to exceed 30 days in the discretion of the court. (Acts 1945, p. 210; 1945, pp. 441, 442.)
SUGGESTED PROCEDURE IN CASES OF APPEAL TO THE STATE BOARD.
1. In all controversities heard by a County Board of Education the County Board should require the parties to the controversy to reduce' their contentions to writing. The written contentions should be filed with the County Superintendent of Schools and should be entered on the minutes of the County Board of Education.
2. If all interested parties to a controversy are before the County Board, and are ready to proceed at a time the County Board is in session, the parties shall enter written waiver of notice of hearing. The waiver shall be entered on the minutes of the County Board and shall constitute a part of the record of the case.
3. If the parties at interest are not before the County Board, or if present and not ready to proceed, or if the controversy involves issues where the general public is interested, the County Board shall set a day for hearing and the County School Superintendent shall cause written notice of the hearing to be served on the parties. The notice
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a part of the record and shall be entered on the minutes of the County Board.
4. The Board shall proceed with the hearing on the day set. AIL documentary evidence, or certified copies thereof, produced on the trial shall be filed with the County Superintendent of Schools. All oral testimony of witnesses shall be reduced to writing and filed with the County Superintendent. Any pertinent facts considered by the County Board shall be made a part of the record.
5. The finding and judgment of the County Board shall be recorded upon their minutes and shall be a part of the record.
6. Any dissatisfied parties interested in the controversy may appeal to the State Board of Education as provided by statute. The appeal shall be filed with the County Superintendent of Schools within ten days from the date of the decision complained of.
7. When an appeal has been filed the County Superintendent of Schools shall make out a transcript of the records to be transmitted to the State Board of Education. The transcript shall contain (a) the written contentions filed by the parties (b) all documentary evidence (c) a brief of evidence and other pertinent facts considered by the County Board (d) the notice given the parties of their waiver of notice (e) the finding or judgment of the county board.
The transcript shall be certified by the County Superintendent of Schools, and by him delivered to the State Superintendent of Schools who shall file the same with the State Board of Education.
8. When an appeal and record has been transmitted to the State Board of Education, the State Board of Education will set a date for hearing thereon and notify the parties at interest of the date set for the hearing on said appeal.
9. On the day set by the State Board for hearing on an appeal the Board will consider the record and from the record certified by the County School Superintendent will decide the issues made by the parties as set forth in their written contentions. The State Board will permit the interested parties to argue the issues as made by the record. Should the parties prefer, they may have an attorney to present their case before the State Board.
10. The State Board reserves the right to pass upon the issue on the day set for hearing or after consideration at a later date.
11. The State Board of Education and the State School Superintendent of Schools respectfully urge each County Board and the County Superintendent of Schools to carefully follow the above outlined procedure in case of appeal. This request is made due to the fact that in a number of instances the State Board of Education, on appeals, has not had any of the facts whereby they could give due and prompt consideration to the appeal.
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PROCEDURE FOR CERTIFICATION AND RECORD WHERE COUNTY SUPERINTENDENT IS QUALIFIED
AND FAILS TO ACT.
12. Should the county school superintendent be a party or disqualified or fail to perform the duties set forth under headnote 7, the appellant, in his appeal, may set forth the written contentions filed by the parties, all documentary evidence, a brief of evidence and other pertinent facts considered by the county board, the notice given the parties or their waiver of notice and a copy of the finding or judgment of the county board. Appellant shall then submit the same to any member of the county board who shall examine same and certify the same as trua. Such appeal when certified by a member of the county board shall be marked filed in the office of the superintendent of schools by the superintendent of his secretary, and the superintendent of schools shall then transmit the same to the State Board of Education. Should the superintendent fail or refuse to transmit the appeal and record as certified by a member of the board to the State Board of Education within five days after the filing of same, then any member of the board shall have the right to transmit the same.
13. All appeals to the State Board from decisions of the county board shall be filed with the county superintendent of schools within ten days of the date of the decision complained of as provided by statute. All such appeal shall set forth the contentions of the parties. However, nothing provided for in paragraph 7 and 12 shall prohibit the parties from making up an agreed transcript showing the contention of the parties, the documentary evidence, a brief of evidence and other pertinent facts considered by the board, the notice given the parties or their waiver of notice and the finding or judgment of the county board, where such agreed statement is entered in writing and signed by the parties or their counsel stating that the same contains a true transcript of all proceedings, evidence and facts presented to the county board. When such agreed statement is signed the same shall be marked filed in the superintendent's office and transmitted along with the appeal to the State Board of Education. In the event the superintendent fails to transmit the appeal and agreed statement of facts as provided for in this paragraph, any member of the board shall have the right to enter the date of filing in the office of the superintendent and to transmit the same to the State Board of Education.
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