Georgia school laws [1955]

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GEORGIA

SCHOOL LAWS

STATE DEPARTMENT OF EDUCATION 1955

M. D. COLLINS State Superintendent
of Schools

CLAUDE L. PURCELL Assistant State Superintendent
of Schools

Compiled and Edited by State Law Department EUGENE COOK
Attorney General
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GEORGIA SCHOOL LAWS

STATE DEPARTMENT OF EDUCATION 1955

M. D. COLLINS State Superintendent
of Schools

CLAUDE L. PURCELL Assistant State Superintendent
of Schools

Compiled and Edited by State Law Department
EUGENE COOK
Attorney General

l-,i.? -mum am

INTRODUCTION BY
DR. M. D. COLLINS

Why this bulletin was published-

If you are a school official in Georgia, you need to know Georgia laws that affect your schools.

There are many school laws. The schools derive their very existence from the Constitution of Georgia and the legislative acts that support it. The State Board of Education, the State Department of Education and local boards of education are set up by law, and have only such authority as is granted by law. The Constitution provides for the control and management
of the schools at the local level.

It takes time and effort to look up and to know all these Constitutional

provisions and the laws that have been enacted by the Legislature having to do with your schools.

I

It has, therefore, been the policy of the State Department of Education from time to time to compile these school laws, with able help from the Office of the Attorney General. Editor and compiler of the present bulletin is Mr. Robert H. Hall, Assistant Attorney General of Georgia.

Recent legislatures in Georgia have enacted especially wise and farsighted school laws, such as the Minimum Foundation Program of Education Act, the State School Building Authority Act, and the laws for increased financial appropriation to the schools. These acts by the General Assembly will benefit Georgia children for many years to come.

The laws that affect your schools have been brought together in this

handy little book which you can keep conveniently near, on your desk, or in

your bookshelf. We hope that it will be of help to you as you seek to

administer wisely the affairs of the school in your community.

I

M. D. Collins

State Superintendent of Schools

September, 1955.

Atlanta, Georgia

in
5b V

EDITORIAL NOTE
Since the publication of the Georgia School Laws in 1948, there have been numerous changes by the General Assembly and several important interpretations by the Appellate Courts. The Minimum Foundation Program and the State School Building Authority were enacted in 1951; several amendments were made to The Teachers' Retirement System in 1949, 1950, 1952 and 1953; the Georgia Commission on Education was established in 1953- two constitutional amendments were ratified in 1954 as to taxation and grants for education; new segregation laws were enacted in 1955 including one criminal provision; and many other amendments to various school laws.
Several of the more important court decisions are found annotated under applicable Code Sections. All Code Sections refer to the Georgia Code Annotated.
ROBERT H. HALL Assistant Attorney General Editor and Compiler
IV

INDEX

PART !

PROVISIONS OF THE CONSTITUTION RELATING TO COMMON SCHOOLS.

Subject

Code Section

System of common schools

2-6401

State Board of Education

2-6501

State School Superintendent

2-6601

County Board of Education

2-6801

County School Superintendent

2-6901

Independent Systems

2-7001

Meetings of Boards of Education

2-7101

Contracts

2-7201

Protection of School Systems

2-7301

State Board may accept gifts

2-7401

County Boards and Independent Systems may accept gifts 2-7402

Taxation by counties for education

2-7501

Grants for education

2-7502

Purposes for which debt may be contracted

2-5601

Contracts by State

2-5901

Court of Ordinary

2-4102

Freedom of Conscience

2-112

Religious Opinions

2-113

Appropriations to churches forbidden

2-114

Page
1 1 2 2 2 3 3
3 3 3 3 3 4 5 5 6 6 6 6

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 of maintenance of Department
School grades Powers of old Board Acceptance Federal Funds Appeals to State Board Requirements for colleges Certain gifts forbidden State Board may receive Federal funds to educate
persons over 18 years old

32-401

6

32-402

7

32-403

7

32-404

7

32-405

7

32-406

7

32-407

8

32-408

8

32-409

8

32-410

8

32-411

8

32-411.1

8

32-412

8

32-413

9

32-414

9

32-415

10

32-416

10

32-417

10

Sub'ect
Effect of partial invalidity of Section 32-417 Federal funds for schoolhouses Power of Board to adopt building standards Power of inspect buildings Effect of partial invalidity of Section 32-419 to 422 Transportation of pupils Establishment of minimun salary State Board to prescribe minimun standards Powers of county boards to buy Vehicles Power of county boards to contract Financial interest of State and county authorities Prohibited
Liability insurance on school buses Premiums
Insurance covering general public Nonassessment by Mutual Companies Custody of Policies Use of funds for resarch Subject matter of research Employment of research specialists Curriculum materials and methods of instruction Inspection Committees Committee Meetings Travel of Members Out-of-State education of deaf, mute & blind children

Code Section
32-418 32-419 32-420 32-421 32-422 32-423 32-424 32-425 32-426 32-427
32.428 32-429 32-430 32-431 32-432 32-433 32434 32-435 32-436 32-437 32-438 32-439 32-440 32-441

Page 11
11 11
12 12 12 12
12
13 13 13 13 13 13 13 14 14 14 14 15 15

PART III

STATE SUPERINTENDENT OF SCHOOLS.

Election and duties of State Superintendent

32-501

15

Qualifications

32-502

15

Bond and oath

32-503

16

Secretary of State Board of Education

32-504

16

Duties

32-505

16

Duty to visit counties

32-506

16

Duty in cases of misapplication of school funds

32-507

16

Annual Reports

32-508

16

Preparation of text on civics

32-509

17

Salary

'.'.'.'.'.'.'.'.'.'.'.'..'.'.'.'.'.'.'.'.'." 32-511

17

Reports from county superintendents

32-515

17

PART IV

MINIMUM FOUNDATION PROGRAM

Declaration of public policy Establishment of fund School year and month Local units of Administration-Contracts Certification and Classification of teachers

32-601

17

32-602

17

32 603

18

32-604

18

32-605

18

VI

Subject
Salaries Amount of funds Salary Allowances Allotment of teachers for adults and others Funds for Visiting teachers etc Calculation of funds for transporting pupils Funds needed for other expenses Funds needed for Capital Outlay Total Calculated costs of local units Calculation of local financial ability Amount of State contributed funds Discretion as to longer terms and additional teachers Information by State Board Proposed local budgets Approval of budgets Funds, how drawn Funds for Vocational education Policy as to Vocational education Funds for textbooks and materials Funds for public libraries Funds for out-of-school Vocational education Matching Federal funds Funds for vocational rehabilitation
Funds for trade schools Funds for deaf and blind schools Funds for school lunch program
Contingent fund Administration of Chapter Withholding funds; Certiorari Funds for University System Effective date of Chapter

Code Section Page

32"606

18

32-607

19

32-608

19

32-609

19

32-610

20

32-611

20

32-612

21

32-613

21

32-614

22

32-615

22

32-616

23

32-617

24

32-618

24

32-619

24

32-620

25

32-621

25

32-622

25

32-623

25

32-624

26

32-625

26

32-626

26

32-626.1 26

32-627

26

32-628

26

32-629

26

32-629.1 27

32"630

27

32-631

27

32-632

27

32-633

27

32-634

28

PART V

TEXTBOOKS IN PUBLIC SCHOOLS.

Addition to State course of study Instruction in Constitutions Board to prescribe textbooks Selection and purchase of free textbooks Committees to examine books System of free textbooks Board to provide for purchasing textbooks
Repairing books
Conditions of purchase Elementary and high school grades Board authorized to contract Provisions extended to State institutions
Competitive bids Board may publish textbooks

32-705

28

32-706

28

32-707

29

32-708

29

32-709

29

32-710

^

32-711

29

g^2

f

lon\A

9Q

32-714

29

32-715

30

32-716

30

32"!"

f

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60

VII

Subject
Cost of books, how paid May contract with local boards for textbooks ...... Local boards may furnish free books Local boards to be compensated, exchange of books Board given power to provide for school book system Instruction in Government

- . , .. Code Section
32-719
32-720 32-721 32-722 32-723 32 724

Page
30 30 30 31 31 31

PART VI

COUNTY BOARDS OF EDUCATION.

School districts Membership of county boards Selection of Board members Qualifications of members Compensation of members
TM*n Certificate of election
Officers of county boards
SiTchnooTl tterm
Powers of county boards as a court Vaccination of pupils Organization, powers and duties Reports by teachers Consolidation of schools Statement by county superintendents Power to borrow money Resolution authorizing loan TeTM f loan Merest
Reports to grand juries Notes for money borrowed How money used
Expenditures in excess of appropriation Warrants in anticipation of revenue Sale of warrants Manual labor schools Evening or part time schools High schools
Industrial education in public schools School fund Fr<* tuition
County line schools Failure to arrange for schools Liability for and distribution of funds
School fund to be kept separate School property exempt from levy and sale Extension work in schools Annual budget filed with State Board

32-901

32

32-902

32

32-902 1

32

32-903
32 904
;--;;;;;; ,,*on,

32 32 33 33

32 907

33

32-908

34

3

34

32 910 32-911 32 912 32-914 32 915

34 35 35 35 36

32-920 32 921 ,,Q,, g"g2 g_Jg

36 36 37 37

32 925 32 926

37 37 37

g2 927

37

32-928
32 929 ,,",,,

37 37

g2 931 TM o9Qo9*

38 38 38

38

QO QO4
g-934

38

gM5

38

3293'

38 39

32 940

39

32 941

39

32-942 32 943 32 944 32945

40 40 40 40

VHI

Subject
Sale of supplies or equipment Effect of partical unconstitutionality Power to condemn property Same; procedure Authorized purchases by local boards Reorganization of schools

Code Section
32-949 32-950 32-951 32-952 32-953 32-954

Page
41 41 41 41 41 41

PART VII

COUNTY SUPERINTENDENT OF SCHOOLS.

County superintendent substituted for county school

commissioner

32-1001

41

Election and term of superintendent

32-1002

41

Vacancies, how filled

32-1003

42

Qualifications of county superintendents

32-1004

42

Bond

32-1005

42

Compensation

32-1006

42

Oath

32-1007

43

Removal from office

32-1008

43

Duties of County School Superintendent

32-1009

43

Examination of teachers

32-1010

44

Seal on teachers' license

32-1011

44

Superintendent's office in courthouse

32-1012

44

Who may administer oaths

32-1013

44

Reports

32-1014

44

Local county and municipal systems

32-1017

44

Grading; teachers' license

32-1018

45

Revocation of teachers' licenses

32-1019

45

Duties of teachers

32-1020

45

Vocational studies

32-1021

45

Teachers' oath

32-1022

45

Form of oath

32-1023

46

Teachers not to be employed unless oath taken

32-1024

46

PART VIM

LOCAL TAX FOR PUBLIC SCHOOLS.

Each county a school district School trustees Duties of school trustees Tax Collectors shall pay to board of education Election expenses Local tax for municipalities Local school systems All funds to be turned over to county boards of
education
Corporate property subject to taxation

32-1101

46

32-1104

46

32-1105

46

32-1106

47

32-1107

47

32-1109

47

32-1111

48

32-1113

48

32-1116

48

IX

Returns of corporate property Other provisions made applicable All books and records turned over to county board Power to levy and collect taxes

Code Section
32-1117 32 1118 32-1123 32-1127

Page
48 49 49 49

PART IX

MERGER OF INDEPENDENT SCHOOL SYSTEMS.

Dissolution of independent school districts Proceedings after election
Territory included formerly in independent systems

32-1201 32-1202

49 50

32-1203

50

PART X

PAYMENT OF TEACHERS.

Governor's authority to make debt

32-1301

50

Authority to use allocated funds Limit of authority

32 1302 32-1303

51 51

Sick leave

ZZZZZZZZZZZ 32-1304

51

PART XI

BUILDING SCHOOLHOUSES.

County boards power to build schoolhouses, etc

32-1401

51

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

51

County bonded indebtedness for schoolhouses

32-1403

52

Division of county into districts

32-1403 1 52

Same; declaration of intent

32-1403 2 54

Counties and municipalities jointly building school-

houses
Contract for joint building Bonds for joint building Levy of taxes
Exclusiveness of authority for joint building Refunding schoolhouse bonds Advisibihty of refunding bonds Election to refund bonds Contents of election notice Voters list, how made Election managers Ballots Results of election Voters may petition for election Refunding schoolhouse bonds, etc., counties Petition by voters, counties Notice of election

32-1404

54

32-1405

54

32-1406

55

32-1407

55

32-1408

55

32-1409

55

32 1410

55

32-1411

55

32-1412

55

32-1413

56

32-1414 32-1415

56 56

32-1416

56

32-1417

56

32-1418

57

32-1419

57

32-1420

57

Subject
Voters' list, county Ballots, county Election managers, county Returns, county election Refunding bonds to be issued Proceeds from bonds Tax levies to pay bonds Paying off county bonds Declaration of results of election Tax levy for sinking fund Refunding bonds to be validated Sale or exchange of refunding bonds Sale or exchange of bonds of independent districts Exchange of bonds, terms Sinking fund where exchanged, refused Application of proceeds of refunding bonds Duties and authority of officers Interest rate on refunding bonds Independent school districts Obligations of outstanding bonds Bondholders refusing to sell, sinking fund Only one election a year
PART XII

Code Section
32-1421 32-1422 32-1423 32-1424 32-1425 32-1426 32-1427 32-1428 32-1429 32-1430 32-1431 32-1432 32-1433 32-1434 32-1435 32-1436 32-1437 32-1438 32-1439 32-1440 32-1441 32-1442

Page
57 57 57 57 58 58 58 58 58 59 59 59 59 59 59 60 60 60 60 60 60 61

STATE SCHOOL BUILDING AUTHORITY

Title Creation Definitions Powers Revenue bonds
Form, etc Signature annd seal Negotiability and exemption Sale and price Proceeds of bonds Interein of receipts Replacement Conditions and object
Credit of State Trust indenture To whom paid Sinking fund Remedies of bondholders
Refunding bonds Legal investments and security Exemption from taxation
Venue and Jurisdiction Validation

32-1401a

61

32-1402a

61

32-1403a

61

32-1404a

62

32-1405a

64

32"1406a

65

32-1407a

65

32-1408a

65

32-1409a

65

32-1410a

65

32-1411a

66

32-1412a

66

32-1413

66

32-1414a

66

32-1415a

67

32-1416a

68

32-1417a

68

32-1418a

69

32-1419a

69

32-1420a

69

32-1421a

70

32-1422a

70

32-1423a

70

XI

V

HHIH

Sub'ect Interest of bondholders protecteu Grants and gifts Monies as trust funds Revenues, rents and earnings
Contracts
Rules annd regulations Powers supplemental Instruction of Chapter

Code Section 32-1424a 32-1425a 324426a 32-1427a
32-1428a 32-1429a 32-1430a 32-1431a

Page
70 71 71 71 71 72 72 72

PART XIII

SCHOOL YEAR, SCHOLASTIC MONTH, AND SPECIAL DAYS

School year Scholastic month Observance of special days Temperance day designated

32-1501

72

32-1502

72

32-1503

72

32-1504

72

PART XIV

ENUMERATION OF SCHOOL CHILDREN.

School census New census

32-1601

73

32-1603

73

PART XV

INSTRUCTION IN ANIMALS, BIRD, AND FISH LIFE.

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

32-1701

73

32-1702

73

32-1703

73

PART XVI

HEALTH Health regulations by counties, etc Quarantine
PART XVII

32-1801

74

32-1802

74

PHYSICAL EDUCATION AND TRAINING

Course prescribed Courses at normal schools Special teachers

32-1901

75

32-1902

75

32-1903

75

xn

-

PART XVIII

FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST.

Subject

Code Section

Fires escapes

32-2001

Inspection of school buildings

32-2002

Safety requirements

32-2003

Defects in heating installation

32-2004

Fires escapes for educational building and dormitories 32-2005

Funds for cost of fires escapes

32-2006

Page
76 76 76 76 76 76

PART XIX

COMPULSORY SCHOOL ATTENDANCE

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

77

32-2105

77

32-2106

77

32-2107

77

32-2108

77

32-2109

78

32-2110

78

32-2111

78

32-2112

79

32-2113

79

32-2114

79

32-2115

79

32-2116

79

PART XX

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 units to extend term Effect on existing school laws

32-2101a 80 32-2102a 80 32-2103a 80 32-2104a 81 322105a 81

PART XXI

SEPARATION OF RACES
Schools separate Approval of budgets Recovery of money paid out in violation Application of Chapter

32-2101b 81 32-2102b 82 32-2103b 82 32-2104b 82

PART XXII

VOCATIONAL EDUCATION.

Acceptance of Federal funds

Duties of State Board as to vocational education

Custodian of funds



32-2201 82 32-2202 83 32-2203 83

XIII

1HI

Subiect
Extension work agents Purpose of section 32-2206 to 32-2217 Definition of local units Apportionment of funds Provisions not madatory 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 State Board may purchase land and buildings State Board may receive gifts State Board may adopt rules annd regulations Employment of teachers Supplementary to laws
PART XXIII

Code Section 32-2205 32-2206 32-2207
32 2208 32 2210 32-2213 32-2214 32-2215
32-2216 32-2217 32 2218
32-2219 32-2220 32-2221 32-2222 32 2223

Page
83 83 83 84 84 84 84 84 84 84 85 85 85 85 86 86

VOCATIONAL TRADE SCHOOL BUILDING AUTHORITY

Jltle.. r<;atln efmltlons
Powers
Revenue bonds
Form, registration etc Signature and seal Negotiability and exemption ,,Sale an,d Pr,ic.e Proceeds of bonds Interim receipts Replacement
Conditions and object of issuance Credit of State not pledged PTnrroucset eidn,sdepnatiu.d,re Sinking fund
Remedies of bondholders Refunding bonds As security Exemption from taxation Venue and Jurisdiction Validation Interests of bondholders
5fants Money received Revenues, rents, and earnings Rules and regulations Powers supplemental Liberal construction of Chapter
Acc0Unts

32-2201a 86

32-2202a 86

32-2203a 87

32 2204a 32.2205a

87 89

32-2206a 32-2207a

89 90

32 2208a 3,,2-2,,2,,09a 32-2210a 32-2211a
32-2212a

90 90 90 91 91

32-2213a 91

322214a o3,,2z.-,,2^2z,1i.o6aa

91 91 92

32-2217a 92

32 2218a 93

32-2219a 32 2220a

93 93

32-2221a 94

32 2222a 32 2223a

94 94

32 2224a

94

32-2225a 95

32-2226a 95

32-2227a 32-2228a

95 95

32-2229a 95

32 2230a 95

'.'.'.'.'.'.'.'.'.'.'.'.".'.'.'.'.'.'" 32-2231a 95

XIV

PART XXIV
VOCATIONAL REHABILITATION OF DISABLED PERSONS.

Subject
Definitions Establishment of division Administration Rehabilitation centers Cooperation with Federal Government Receipt and disbursement of funds Appropriations Gifts
Eligibility' Maintenance not assignable Retention of title Hearings Misuse of lists and records Limitations on political activity Saving clause

Code Section Page
32-2301 96 32-2302 97 32-2303 98 32-2304 98 32-2305 98 32-2306 99 32-2307 99 32-2308 99
32-2309 99 32-2310 100 32-2311 100 32-2312 100 32-2313 100 32-2314 100 32-2315 101

PART XXV
DIVISION OF VOCATIONAL EDUCATION SERVICE

Definitions State Board Powers and duties Establishment of division Executive officer
Director Cooperation with Federal Government
Chapter not repealed or modified

32-2301a 101 32-2302a 102 32-2303a 103 32-2304a 103 32-2305a 103
32-2306a 103 32-2307a 104
32-2308a 104

PART XXVI

ILLITERACY, DUTIES OF STATE BOARD.

Duties of State Board Rules and Regulations
Schools Expenses Power of County Board

32-2401 104 32-2402 105 32-2501 105 32-2502 105
32-2503 105

PART XXVII

SCHOOL LIBRARY COMMISSION AND PUBLIC LIBRARIES

State Library Commission abolished Duties of State Board
Gifts
Funds How libraries maintained Disbursements

32-2604 105 32-2605 105 32-2606 106
32-2607 106 32-2701 106 32-2702 106

XV

Subiect Donations
Duties of Trustees Powers of the city
Libraries outside municipalities Library board Supervision of libraries

Code Section 32-2703
32-2704 32-2705
32-2706 32-2707 32-2708

Page
107 107 107 107 108 108

PART XXVIII

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

Control of Academy
Inapplicability of laws governing other schools Transfer of trust funds Appropriations Continuance of trusts

32-2801 108 32-2802 108 32-2803 109 32-2804 109 32-2805 109

PART XXIX

SCHOOL BUILDING AUTHORITY FOR
THE DEAF AND BLIND
Title Creation Definitions Powers Revenue bonds Form Signatures and seal Negotiability and exemption Sale and price Proceeds of bonds Interim receipts Replacement Conditions and object of issuance Credit of State not pledged Trust funds Trust indenture Revenues and earnings Sinking fund Remedies of bondholders Refunding bonds Investments and security Publication Powers not impaired Exemption from taxation Gifts
Rules and regulations
Construction of Chapter
Powers supplemental
Accounts and legal services
XVI

322801a 109 322802a 109 32-2803a 110 32-2804a 111 32-2805a 112 32-2806a 112 32-2807a 112 32-2808a 113 32-2809a 112 32-2810a 113 322811a 113 32-2812a 114 32-2813a 114 32-2814a 114 32-2815a 114 32-2816a 114 32-2817a 115 32-2818a 115 322819a 116 32-2820a 116 32-2821a 116 32-2822a 117 32-2823a 117 322824a 118 32-2825a 118 32-2826a 118 32-2827a 118 32-2828a 118 32-2829a 119

PART XXX

TEACHERS RETIREMENT SYSTEM.

Subject
Definitions Name, powers and privileges of system Membership Eligibility to membership Authoriity of Regents to supplement allowances Creditable service Service retirement benefits Administration Board of Trustees Vacancies Compensation of trustees Oath of trustees Quorum Chairman and other officers Keeping data Legal adviser Medical Board Actuary Management of funds Treasurer Deposits, etc Personal interest and profit Method of financing Members of local retirement system Exemption of rights Correction of errors Obligations of pension accumulation fund Applicability of other statutes Effective date of Chapter Establishment of Pension and retirement allowances
Transfer of Credits

Code Section Page
32-2901 119 32-2902 121
32-2903 121 32-2903.1 122 32-2903.2 123
32-2904 123 32-2905 124 32-2906 127 32-2907 128 32-2908 128 32-2909 128 32-2910 128 32-2911 128 32-2912 129 32-2913 129 32-2914 129 32-2915 129 32-2916 129 32-2917 130 32-2918 130 32-2919 130 32-2920 130 32-2921 130 32-2922 135 32-2923 138 32-2924 138 32-2925 138 32-2926 138 32-2927 138 32-2928 139 32-2929 139

PART XXXI
COMMISSIONS
Establishment Membership Chairman and Vice chairman Submission of findings Publication of findings Inquuiry Quarters Compensation Funds for operation Continuation of existence Drafts of school laws Informative bulletins

32-3101 139 32-3102 139
32-3103 139
32-3104 140 32-3105 140 32-3106 140 32-3107 140 32-3108 140 32-3109 140 32-3110 140 32-3111 140 32-3112 141

xvn

PART XXXII

CRIMES

Subject
Gifts to school officials Officers, etc Penalty for violation of Chapter 32-7 Punishment for furnishing books Intent to defraud Violation of Sections 32-1022 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 Separation of races

Code Section 32-9901 32-9902 32-9903 32-9904 32-9905 32-9907 32-9908 32-9909 32-9910 32-9911 32-9912 32-9913 32-9914 32-9915 32-9916

Page
141 141 141 141 142 142 142 142 142 142 142 142 143 143 143

PART XXXIII

SUGGESTED PROCEDURE IN CASES OR APPEAL TO THE STATE BOARD

Suggested procedure in appeal to State Board

143

Procedure for appeals where county superintendent fail to act

145

- ----

XV111

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 Georgia Code Annotated.
ARTICLE VII!
SECTION I
Paragraph I. 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 2-6401).
Note: Moore v Brinson, 170 Ga. 680. A fee can not be imposed as a condition precedent to admission to a public school, forming a part of the general school system of the State, of children living in the territory of the school and otherwise qualified.
Board of Education v. Purse, 101 Ga. 422. While public schools are free to the children of Georgia, the county board of education may suspend a child for proper cause.
SECTION II
Paragraph I. 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 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 than the expiration or 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 2-6501.)
SECTION III
Paragraph I. State School Superintendent; elecrion, tenn, ?)c. There shall be a State School Sperintendent, 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 2-6601).
SECTION V
Paragraph I. 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 2-6801).
Cross-reference. See Code 32-903 for statutory qualifications for County Board members.
SECTION VI
Paragraph I. 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 2-6901).

Cross-reference. See Code 32-1004 for statutory qualifications for County School Superintendent. See Code Section 89-101, subpargraph 7 residential qualifications.
SECTION VII
Paragraph I. 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 2-7001).
SECTION VIII
Paragraph I. Meetings of Boards or Education. All official meetings of County Boards of Education shall be open to the public. (Code 2-7101).
SECTION IX
Paragraph I. 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 2-7201).
SECTION X
Paragraph I. Protection of certain school systems. Public schools systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Contitution. (Code 2-7301).
Note: Nickles v County Board of Education of Richmond Country, 203 Ga.755; Board of Education v State Board, 190 Ga. 581. The above provision is not a prohiblition against legislative enactment changing local school systems established prior to the adoption of the Constitution of 1877.
SECTION XI
Paragraph I. 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 2-7401).
Paragraph II. Grants 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 proporty, for the use of their respective systems of education. (Code 2-7402).
SECTION XII
Paragraph I. Taxation by 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.

' The fifteen mill limitation provided in this paragraph may be removed or increased in a county under the procedure set out hereinafter. The county board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary it shall be his duty, within ten days of the receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. He shall set the election to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county and the county board of education may recommend any number of mills not less than five for the purposes set out above. In lieu of recommening that the limitation be removed entirely, the board may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably votti upon the board may recommend up to the specified amount. It shall be the duty of the ordinary to hold the election, to canvass the returns and declare the results. It shall also be his duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county. (Code 2-7501.)
Note: Smith V Board of Education, 153 Ga. 758. The county board of education has entire authority to recommend to county board of commissioners levy of tax not less than five nor more than fifteen mills, and such recommendation is mandatory upon the county board of commissioners.
Richards v Zentner, 176 Ga. 222. Where a taxpayer has his residence in an independent school district in a county and all of his property is situated therein, such property is not liable for taxation for school purposes outside the independent school system.
Cross-reference. The right of taxation is a sovereign right. Article VII, Section I, Paragraph I (Code 2-5401). The power of taxation over whole State shall be exercised by General Assembly for educational purposes and others. Article VII, Section II, Paragraph 1 (Code 2-5501). The General Assembly has power to delegate to counties right to levy tax for educational purposes. Article Vll, Section IV Paragraph 1 (Code 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. Article Vll, Section II, Paragraph II. (Code 2-5502). Bond issues validated by County Boards and tax levy to retire, see Code 2-6001 and 2-6002.
SECTION XIII
Paragraph I. Grants for education. Notwithstanding any other provision of this Conititution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State, for educational purposes, in discharge of all obligation of the State, to provide adequate education for its citizens. (Code 2-7502).

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ARTICLE VII
SECTION III
Paragraph I. Purposes for which contracted. No debt shall be contracted by, or on behalf of, the State, except to supply such temporary deficit as may exist in the treasury in any year 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 puprose 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 2-5601).
SECTION VI
Paragraph I. Contracts by State, state institutions, counties and municipal corporations with each other or with public agencies, public corporations or authorities; conveyance of existing facilities to public agencies, public corporations or authorities; hospitalization facilities.
(a) The State, state institutions, any city, town, municipality or county of this State may contract for any peroid not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivions are by law authorized to undertake.
(b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authhority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of neces-

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sary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and the cost to such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources. (Code 2-5901).
ARTICLE VI
SECTION VI
Paragraph II. Powers. The court of ordinary 'shall have jurisdiction in all cases arising under the Compulsory Attendance law in counties of this State in which there is no city or county court, provided the defendant waives a jury trial (Code 2-4102).
ARTICLE I
SECTION I
Paragraph XII. 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 2-112).
Paragraph XIII. Regligious 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 2-113).
Paragraph XIV. 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 2-114).
Note: Wilkerson v Rome, 152 Ga. 762. Ordinance of City requiring reading of the Bible and offering of prayers in public schools does not violate above (XIII) paragraph.
Cross-reference. Bible reading in schools receiving State funds. Ga. Code Ann. 32-705. Teachers' oath. Ga. Code Ann. 32-1022, 32-1024, 89-311. questionnarie. Ga. Laws 1953, Nov. Dec. Sess., p. 73.
PART II
THE PUBLIC SCHOOL SYSTEM
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 the Senate. The Governor shall not be a member of the State Board of Education. The said State

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.)
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 person 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, 637.) -
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 or Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the Federal and 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 meet-

ings 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. All members of the State Board of Education shall be paid by the State Department of Education $20 per diem for every day in attendance at meetings of the said Board at the State Capitol in the Department of Education or while traveling as a member of a committee of said Board which has been authorized by action of the Board, plus actual traveling expenses. (Acts 1937, pp. 864, 866; 1953, pp. 110, 111.)
32-408. Rules and regulations for supervision of schools; course 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 salarieas 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.)
32-411.1. Elementary and high school grades. 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 through seven, inclusive, and no other; and the high school grades shall embrace eight through 12, inclusive, and no other. (Acts 1947, pp. 668, 669.)
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
8

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 common 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 of the State of Georgia as contemplated under the terms and provisions of any such gran*; 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 of 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
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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. Mayor and C. of Union Point v Jones, 88 Ga. App. 848. Certiorari will not lie to superior court to review administrative review by State Board of Education of administrative act of county board of education where said board, in exercise of its discretionary power fixed by Code 32-912, caused school plant survey to be made, and thereafter adopted same by resolution.
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 school book 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 texbooks for the schools, shall for himself or any member of his family receive any gift, compensation or remuneration from any schoolbook publishing house, corporation, individual, or agent or representative of either; nor shall any such person, publishing house or corporation offer, directly or indirectly, to any member of said Board, or his family or appointees, any gift, compensation, or remuneration. Should any such publishing house, corporation, or person offer to any such officers, their families or appointees, any compensation, remuneration or gift, they shall report the same to the grand juries of their respective couties. 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 Code 32-9901.
32-417. Power of Board to receive funds from Federal grants or other sources for education of person 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
10

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 contruction; 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 for schoolhouse construction or impovement 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 detemine 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 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.)
32-423. Transportation of pupils and school employees; power of State Board of Education as to use of funds to pay bus drivers and other expenses.
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. Said State Board of Education is hereby authorized and empowered to administer any and all appropriations that may be made by the Federal Congress, its agencies, or bureaus to assist the State of Georgia in the maintenance and operation of
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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. (Acts 1947, p. 1461.)
32-424. Same establishment of minimum salary schedule for bus drivers by State Board; supplementation by county boards. 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 law (32-423 to 32-428) 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. (Acts 1947 pp. 1461, 1462.)
32-425. Same; State Board to orescribe minimum standards for vehicles and approve certification requirements of operators. 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. (Acts 1947, pp. 1461, 1462.)
32-426. Same; powers of county boards to buy vehicles and equipment, provide for operation and maintenance, and employ drivers; use of school funds for such purposes. 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. (Acts 1947 pp 1461 1462.)
32-427. Same, power of county boards to contract with private persons. 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. (Acts 1947, pp. 1461, 1462.)
32-428. Same; financial interest of State and county authorities prohibited. 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 boards of education.(Acts 1947 pp 1461 1463.)
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32-429. Liability insurance on school buses; requirement; amount. The
various school boards of the counties, cities and independent school systems employing school buses, are hereby authorized and required to cause policies of insurance to be issued insuring the school children riding therein to and from school against bodily injury or death at any time therefrom resulting from an accident or collision in which said buses are involved. The amount of such insurance shall be within the discretion of the respective boards. (Acts 1949, p. 1155.)
32-430. Same; premiums. Where a bus is owned by the school board, the board shall pay the premium for such insurance. Where the bus is not owned by the board, the premium shall be paid by the owner. (Acts 1949, p. 1155.)
32-431. Same; insurance covering general public; liability of school boards.
Such boards are hereby authorized to cause a provision to be inserted in said policies insuring the members of the general public against personal injury or death or damage to property resulting from the negligent operation of said buses. Nothing, however, in this law shall be construed as imposing legal liability upon such boards on account of such accidents. Wherever an insurance company issu"' a policy containing such a provision, the company shall be estopped to deny its liability thereunder on account of the nonliability of said board. (Acts 1949, pp. 1155, 1156.)
32-432. Same; nonassessment by mutual companies as to further premiums.
Any policy authorized by this law (32-429 to 32-433), when issued by a mutual insurance company, shall be nonassessable as to further premiums, and the policy shall so state. (Acts 1949, pp. 1155, 1156.)
32-433. Same; custody of policies. Such policies shall be filed with and retained by the respective school boards for the benefit of the school children patronizing such buses and for the general public. (Acts 1949, pp. 1155, 1156.)
32-434. Use of funds for research purposes. The State Board of Education may use and allocate money for educational research, preparation and publication of instrucational material and such funds may be paid upon approval of the Governor. (Acts 1951, p. 403.)
32-435. Same; subject matter of research; Study of alcoholism. The funds allocated under the provisions of this law (32-434 through 32-437) shall be used for the purpose of creating and maintaining State Educational research services:
(a) For the development and production and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and on social and economic conditions, including suggested methods of instruction of ways of working with boys and girls and young people in the various age groups and grade levels of the public elementary and secondary schools of the State, as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools;
(b) For the publication, procurement, and dissemination of curriculum materials, units of instruction, and suggested methods of instruction relating
13

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to the influence and effect of alcohol on human health and behavior and on social and economic condition, for the school teachers and educational officials in the various local public school systems of the State, the State Department of Education, and the various educational institutions of the State which are engaged in the education and training of teachers; and
(c) For cooperative work, by and between the State educational research service and the public school systems of the State, the State Department of Education, and the educational institutions of the State which are engaged in the education and training of teachers, through conferences, study groups, demonstrations of methods and materials of instruction, and other means. (Acts 1951, pp. 403, 404.)
32-436. Same; employment of research specialists and clerical personnel; instructions in matters related to use of alcohol. The State Board of Education is authorized to expend such amounts as may be necessary of the moneys allocated to it under the provisions of this law (32-434 through 32-437) for the employment of a specialist or specialists and/or contract for the services of specialists in research and in development and production of curriculum materials and units of instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and on social and economic conditions, including methods of instruction, for the employment of secretarial and clerical assistants and other office expenses, for expenses of conferences, study groups, and demonstrations, and for all other expenses necessary in carrying out the purposes of such law. (Acts 1951, pp. 403, 404.)
32-437. Same; availability of curriculum materials and suggested methods of instruction. The State Board of Education shall make available uniformly to the public schools of the State, and the educational institutions of the State engaged in education and training of teachers, the curriculum materials, the units of instruction, and the suggested methods of instruction which are developed under the provisions of this law (32-434 through 32437). (Acts 1951, pp. 403, 405.)
32-438. Inspection committees; appointment; per diem and expenses; limitations on time and on meetings of Board. The State Board of Education shall be authorized and empowered to appoint committees, composed of members of such board as a majority vote of the board may determine, to travel within the State of Georgia and inspect the institutions and facilities under its jurisdiction and control, and such members of said committees so appointed shall be entitled to and be reimbursed from the funds of the State Department of Education for their per diem and actual travel expenses incurred by such inspections as now provided by law for members of the State Board of Education. No committee appointed under the provisions of this section shall be authorized to travel and inspect more than three days in each month. The provisions of this section shall in no way authorize the State Board of Education to hold meetings of the Board at any other place than that now fixed and provided by law. (Acts 1952, pp 155, 156.)
32-439. Committee meetings within or without State; authorization. The members of the State Board of Education as a committee or any committee of the Board when authorized by Board action taken at a meeting held in
14

the State Capitol in the Department of Education may hold committee meetings anywhere within or without this State when necessary to obtain information for future guidance of the Board; however no action of the State Board of Education shall be of force and effect unless such action is taken at a regular or call meeting of the Board held at the State Capitol in the Department of Education as provided by law. (Acts 1953, p. 110.)
32-440. Travel of members within or without State. The State Board of Education may authorize any member of said Board to travel within or without this State if necessary to obtain information for the guidance of the State Board of Education; however, said member shall not be authorized to make commitments for the State Board of Education on any matter that requires action of the Board as provided by law. (Acts 1953, pp. 110, 111.)
32-441. Out-of-State education or rehabilitation of deaf, mute and blind children. The State Board of Education is hereby authorized to expend any available funds for the purpose of sending children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in this State, to schools, institutions, or other places outside the State of Georgia furnishing proper facilities for education or rehabilitation of such children. Such funds may be spent for room, board, tuition, transportation, and other items which are necessarily relevant to the education and rehabilitation of such children. The State Board of Education is hereby authorized to determine if such children should be sent to such out-of-State places, and the Board is hereby authorized to promulgate such rules and regulations as it deems necessary and proper for carrying out the purposes and intents of this section. (Acts 1953, Nov. Sess., p. 393.)
PART III
STATE SUPERINTENDENT OF SCHOOLS
Note: Code sections 32-510, 512, 513, and 514 repealed Acts 1937, p. 882, 891.
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.)
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
15
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character, of high education 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.)
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 prtmwm 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 ininvolving 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.)
32-508. Annual reports. The State Superintendent of Schools shall make an annual report to the General Assembly, in which he shall present a statement of the condition and amount of all funds and property ap-
16

propriated 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.)
32-511. Salary. The State Superintendent of Schools shall receive a salary of $7,500 per annum, payable in monthly installments .(Acts 1947, p. 673.)
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 superintendent 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.)
PART IV
MINIMUM FOUNDATION PROGRAM
Note: Code section 32-635 repealed Acts 1951, p. 580.
32-601. Declaration of public policy of State. It is hereby declared to be the public policy of the State of Georgia that educational opportunties for all citizens of this State shall be equalized throughout the State so as to establish, so far as possible, a minimum foundation program of education in Georgia. (Acts 1949, pp. 1406, 1408,)
32-602. Establishment of fund. There is hereby established a State minimum foundation program fund for the public schools, including The University System, of this State, to be known as the "Minimum Foundation Program Fund." Appropriations in support of this program and such appropriations as have been made, or may hereafter be made, by the General Assembly for public education purposes shall be made available by (1) the State Board of Education in accordance with a plan described in sections 32-603 through 32-632 and (2) by the State Board of Regents in accordance with section 32-633. Sections 32-603 through 32-632 are especially applicable to the public schools of less than college grade and section 32-633 to the diversity System of Georgia. (Acts 1949, pp. 1406, 1408.)
17

32-603. School year and school month; length. From and after July 1, 1949, the public schools of this State, including the public high schools, shall be operated for a period of not less than nine school months during each school year. Twenty school days shall constitute a school month. The school year shall begin on the first day of July and end on the 30th day of June of each year. (Acts 1949, pp. 1406, 1409.)
32-604. Local units of administration. Contracts of professional personnel. For the purposes of this Chapter, the several counties of this State and the various independent school systems established by law shall be the local units of administration. The superintendents and the boards of education of these respective local units shall execute the provisions of this Chapter under such rules and regulations as may be adopted by the State Board of Education. In the local units of administration, the several teachers, principals and other school employees shall be elected by the boards of education on the recommendation of the respective superintendents. Contracts for teachers, principals and other professional personnel shall be in writing, signed in duplicate by the teacher in his own behalf, and by the superintendent of schools on behalf of the board. (Acts 1949, pp. 1406, 1409.)
Note: Tripp v. Martin, 210 Ga. 284. County school superintendent has right and duty to "recommend" teachers for employment by county board of education, and superintendent cannot be required by mandamus to execute contracts on behalf of board for teachers employed by board without his recommendation.
32-605. Certification and classification of teachers. The State Board of Education shall provide, by regulation, for certifiying 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, pursuant to the rules and regulations of the State Board of Education. The State Board of Education shall provide, by regulation, for the classification of all the teachers in the public schools of this State upon the basis of academic, technical and professional training and experience, and the certificate issued to each such teacher by the State Board of Education, or pursuant to its authority, shall indicate the classification of such teacher (Acts 1949 pp. 1406, 1409.)
32-606. Schedule of minimum salaries; supplementing salaries by local units. The State Board of Education shall annually fix a schedule of minimum salaries which shall be paid to the teachers of the various classes prescribed by the State Board of Education, which salary schedule shall be uniform for each of the classes fixed by the State Board of Education with no differentiation being made because of subjects or grades taught. A local unit of adminisration may not pay to any teacher in its employment a salary less than the minimum salary prescribed by the State Board of Education for the class to which such teacher belongs. A local unit may supplement the salaries of any of its teachers, and in fixing the amount thereof may take into account the nature of the duties to be performed, the responsibility of the position, the experience and the individual worth of the teacher (Acts 1949, pp. 1406, 1409.)
18

32-607. Amount of funds needed to be determined on 10-months' basis; teacher-pupil ratios; independent school systems. The amount of funds needed by a local unit to pay teachers' salaries in support of the foundation program shall be determined on a ten-months' basis in accordance with the State salary schedule provided for it in section 32-606. In each local unit, the number of teachers whose salaries are to be considered in calculating foundation program needs shall be determined on the basis of the number of pupils who were in average daily attendance during the preceding school year per square mile of territory served by the unit.

Teacher-pupil ratios shall be determined separately for Whites and Negroes, and shall, subject to such variations as in the discretion of the State Board of Education may be necessary, be in accordance with the following scale:

Density Scale for Determing Teacher-Pupil Ratios by Density per Square Mile in Average Daily Attendance for Whites and Negroes.

Density Per Square Mile

Teacher-Pupil Ratios

Elementary

High School

Class I Class II Class III Class rv Class V Class VI Class VII Class VIII

Above 12.51 10.51-12.50 8.51-10.50 6.51- 8.50 4.51- 6.50
2.51- 4.50 1.00- 2.50 Below 1

30

25

29

24

28

23

27

22

26

21

24

19

22

17

20

15

Independent school systems within municipalities having a population of 10,000 or less according to the 1940 U.S. census or any future census shall be classified on a basis determined by the scale which would apply to the county by adding the average daily attendance of the independent and county school systems. (Acts 1949, pp. 1406, 1410.)

32-608. Salary allowances for two additional months. The State Board of Education shall have authority to make salary allowances for the employment for two additional months of at least 15 per cent, of the teaching personnel allotted to a local unit for 10 months of the school year: Provided, (1) that the local unit employing such personnel submits a program covering the additional month or months which meets the approval of the State Board of Education, and (2) that teachers who work more than 10 months in one school year shall be paid for the additional time at the same rate received during the first 10 months, provided if a local unit submits a plan in which it is proposed to employ less than 15 per cent, of the personnel the State Board of Education may approve the plan. (Acts 1949, pp. 1406, 1411.)

32-609. Allotment of teachers for adults and others. Teachers may be allotted local units to provide program of education for adults, pre-school children, and exceptional children at State and/or local expense when such programs have been approved by the State Board of Education. (Acts
1949, pp. 1406, 1411.)

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32-610. Determination of amount of funds needed to pay visiting teachers, etc. The State Board of Education shall have power to determine the amount of funds needed under the foundation program by a local unit to pay the salaries of the visiting teachers, instructional supervisors, the county librarian and supplements to principals. (Acts 1949, pp. 1406, 1411.)

32-611. Calculation of amount of funds needed to pay expense of transporting pupils. The amount of funds needed by a county school system to defray the expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a formula which may take into account a schedule of minimum salaries for drivers, the number of transported pupils in average daily attendance, as well as the density of transported pupils per square mile in the county. In determining the density of transported pupils within a county the area not served by public school busses shall be deducted from the total area of the unit and the State Board shall have authority to determine areas to be served. Counties shall be classified according to the density of transported pupils as follows:

Density of pupils per square mile in average daily attendance transported.

0 to

99

1-0 to

1.99

2-0 to

2.99

3-0 to

3.99

4-0 to

4.99

5-0 to

5.99

6-0 to

6.99

7-0 to

7.99

8.0 and over

Density classifications shall be determined separately for white and negro transported pupils and the median cost of transportation per pupil in each of these groups shall be determined on the basis of costs during the preceding school year. The amount of funds needed by each unit to support the foundation program shall be determined by multiplying the number of transported pupils in average daily attendance in that county unit by the median cost of transportation per pupil in the particular density groups to which that unit belongs and by adding thereafter funds to pay the schedule of minimum salaries as established by the State Board of Education.

The State Board of Education shall annually fix a schedule of miminum salaries which shall be paid to the drivers of school busses in all counties of the State. This schedule of minimum salaries shall be determined annually. This salary schedule shall be uniform for all bus drivers transporting 12 or more school chidren, and shall be considered separate and apart from the expense in purchasing, maintaining and operating the vehicle itself. County school authorities may n >t pay to any bus operator in its employment transporting 12 or more children a salary less than the minimum salary prescribed by the State Board of Education as provided above. County school authorities may supplement the salaries of any of its bus operators, and in fixing the amount thereof may take into account the nature of the duties to be performed, the responsibility of the position, the experience and the

20

individual worth of the bus operator. This salary schedule shall be used by the State Department of Education to disburse State funds to local administrative units for the purpose of compensating bus drivers for their services and shall become effective if and when additional State funds are appropriated or otherwise made available. Funds granted to a local unit of administration for transportation shall be spent only for transportation purposes: Provided, however, notwithstanding any of the provisions of this law to the contrary, that upon the passage and approval of this law, all school bus drivers employed by county boards of education to drive school busses shall receive $25 per month for 10 months each year in addition to their 1951-52 salary, and all contract school bus drivers, joint ownership or otherwise, shall receive $50 per month for 10 months each year in addition to their 1951-52 contracts. (Acts 1949, pp. 1406, 1412; 1952, pp. 400, 401.)
32-612. Determination of amount of funds needed for other expenses. The amount of funds needed by a local unit to take care of current expenses not provided for in sections 32-607 to 32-611 shall be determined by multiplying the number of teachers allowed that unit under the provisions of section 32-607 by a sum of money to be determined by the State Board of Education. This sum shall be determined annually and shall be not less than $300 per teacher allotted, provided adequate funds are appropriated by law. The State Board of Education shall define current expenses and shall have authority to establish minimum standards to be met by local units of adminstration in expending funds for current expenses. (Acts 1949,pp. 1406,
1412.)
32-613. Determination of amount of funds needed for capital outlay. The amount of funds needed by a local unit to provide for capital outlay shall be determined by multiplying the number of teachers allotted the unit under the provisions of section 32-607 by a sum of money to be determined by the State Board of Education. This sum shall be determined annually and shall not be less than $200 per allotted teacher, provided adequate funds are appropriated by law. The State Board of Education may, in its discretion, provide additional funds to local units which have exceptional needs for capital outlay from any funds available for the purpose. In determining these additional capital outlay needs the State Board of Education shall take into consideration the total capital outlay needs of the local unit of administration and the ability of the local unit to meet these needs as measured by the bonding ability of the local unit. It shall be the duty of the State Board of Education to establish minimum standards to be met by local units in order to qualify for participation in capital outlay funds and the State Board also shall provide advisory and supervisory services to the local units regarding the expenditure of such funds. Whether any given item constitutes "capital outlay" as provided for in this Chapter shall be left to the discretion of the State Board of Education: Provided, however, the term "capital outlay" shall include; building; and equipping such facilities, as recreation rooms, rest rooms, auditoriums, lunch rooms. The State Board of Education shall have authority to survey the needs of local units for capital
outlay expenditures.
In the event any local school unit enters into a lease contract with the State School Building Authority for the use of facilities of the authority, the State Board of Education upon the receipt of an executed copy of said
21

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lease contract is hereby authorized and directed to monthly or annually pay to the Authority such part of the funds made available to the local school unit, under the provisions of this section, that may be required to meet the terms of the lease contract executed by the local school unit with the authority.
In the event a local school unit does not have a lease contract with the State School Building Authority or has funds allotted to it under the provisions of this section which are in excess of the amount required to meet the terms of a lease contract entered into with the State School Building Authority, the local school unit may apply the funds made available, under terms of this section to the payment of any school obligations incurred for the purpose of acquiring or improving school buildings and equipment and for no other purpose, provided, the expenditure of State funds for payment of such obligations is authorized by provisions of the State Constitution and laws pertaining thereto. (Acts 1949, pp. 1406, 1412; 1951, pp. 677, 678; 1951, pp. 753, 754.)
Note: Sheffield v. State School Building Authority, 208 Ga. 575. The above section, in vesting State Board of Education with wide discretion in administering school funds, does not delegate legislative powers.
32-614. Total calculated costs of local units. The total foundation program financial needs of a local unit shall be the sum arrived at by adding the amount needed for payment of teachers' salaries as provided for in section 32-607, the amount needed for payment of salaries of school personnel other than teachers as provided for in section 32-610, the amount needed for transportation as provided for in section 32-611, the amount needed for current expenses as provided for in section 32-612, and the amount needed for capital outlay as provided for in section 32-613. This sum shall be known as the total calulated cost of a local unit to support the minimum foundation program of education in Georgia. (Acts 1949, pp. 1406, 1413.)
32-615. Calculation of local financial ability. The State Board of Education shall calculate annually the financial ability of each local unit of administration to support the minimum foundation program. The financial ability of each local unit of administration shall be calculated as follows:
(a) Calculate an economic index for each county in the State as follows:
(1) Calculate for each county its per cent, of the State total for each of the following items: property tax digest less homestead exemptions, public utilities tax digest, average effective buying power of five years, average retail sales for five years, motor tag taxes paid, and State income taxes paid.
(2) Giving per cent of the total property tax digest less homestead exemption, a weight of six; per cent of the total public utilities tax digest, a weight of two; per cent of the average effective buying power for five years, a weight of six; per cent of average retail sales for five years, a weight of two; per cent of motor tag taxes paid, a weight of two; per cent of state income taxes paid, a weight of one; calculate an economic index of the financial ability of each county expressed in per cent of the State total. Data for property tax digest less homestead exemptions, public utilities tax digest, motor tag taxes paid, and State income taxes paid shall
22

be furnished by the State Department of Revenue, and data for average effective buying power for five years and average retail sales for five years shall be taken from the annual survey of buying power conducted by sales management. The State Board of Education shall use the most recent data available at the time the index is calculated. The State Board of Education may, in its discretion vary the number and weights to be assigned to the several factors used in computing the economic index when research proves that a better index can be obtained by changing the weight and/or factors.
(b) Calculate the return of a seven-mill tax levy on the State school tax digest. The State school tax digest shall be composed of the actual tax digests upon which the several county and independent school systems and municipalities levy taxes for the local support of education: Provided, however, the State school tax digest employed in this calculation shall not hereafter exceed the State school tax digest for the year 1952.
(c) Multiply the economic index for each county in the State as derived in accordance with subsection (a) by the return of a seven-mill tax levy on the State school tax digest as determined in accordance with subsection (b). The sum obtained by this multiplication shall constitute the local financial ability of a county to suppoort the foundation program financial needs of the county. In those counties of the State which have independent school systems within the boundaries of the county, the local financial ability of the several local units of administration within a county shall be determined by multiplying the per cent that the school tax digest of the local unit of administration is of the total school tax digest of all local units of administration in the county by the total local financial ability of the county to support the foundation program financial needs of the county: Provided, that the school tax digest of each independent school system shall be 133 1/3 per cent of the county tax digest of all property located within the territory of the independent school system. In determining the local financial ability of the counties of Fulton and DeKalb the economic index for the two counties shall be combined so long as the boundaries of the independent school system of Atlanta falls in both Fulton and DeKalb counties. (Acts 1949, pp. 1406, 1413; 1953, Nov. Sess., p. 206.)
32-616. Amount of State-contributed funds. The amount of State-contributed foundation program funds which shall be allotted to each local unit by the State Board of Education shall be the difference between the total calculated cost as determined in section 32-614 less the local ability of the unit to raise funds as determined in section 32-615. Any other acts of the General Assembly to the contrary notwithstanding, whenever the official attendannce reports of any local unit of adminisration show an increase in average daily attendance, the State contributed funds shall be increased in proportion to the increase in average daily attendance and adjustments shall thereafter be made at least semi-annually during the school year in proportion to the increase or decrease in average daily attendance; except, however, that no reduction in State-contributed funds below that allocated at the beginning of the school year shall be made. And further provided that the State Board of Education shall at the beginning of the fiscal year 1955-56, and each subsequent year thereafter, set aside from total appropriation for education a portion of said appropriation to meet these adjustments, as authorized under the terms of this section when such funds are available. (Acts 1949, pp. 1406, 1415; Acts 1955, pp. 601, 602.)
23

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32-617. Discretion as to longer terms and additional teachers; salaries of such teachers. The board of education of any local unit of administration, as defined in this Chapter, may operate the schools of such county or special school district for a longer period than nine 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. It is further provided, however, that teachers in such schools shall receive not less than the minimum monthly salary prescribed by the State Board of Education on the State schedule not only during the regular school year but also during any period by which the school term may be extended, unless the State Board of Education, in its discretion, shall otherwise direct. (Acts 1949, pp. 1406, 1415.)
32-618. Information required to be sent to local units by State Board of Education. The State Board of Education shall send to each local unit of administration on or before the beginning of that unit's school year, or as soon thereafter as may be practicable, the following information:
(a) The State minimum schedules of salaries for teachers, and other professional personnel.
(b) The number of teachers in that unit whose salaries are to be considered in calculating foundation program salary needs.
(c) The amount of funds which the State Board of Education considers will be needed by the local unit to pay salaries and travel expenses of personnel referred to in section 32-610.
(d) The cost of pupil transportation, as calculated in section 32-611.
(e) The local unit's needs for current expenses, as calculated in section 32-612.
(f) The local unit's current capital outlay needs as calculated in section 32-613.
(g) The amount of local effort which will be required of the unit, as set forth in section 32-615. (Acts 1949, pp. 1406, 1415.)
32-619. Proposed local budgets; filing; approval. Within 30 days from the receipt of the information referred to in section 32-619, 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, a budget in duplicate, 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 that 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 school year. (Acts 1949, pp. 1406, 1416.)
24

32-620. Approval of budgets; 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 when authorized by the State Board to do so, 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 and all available local funds, the same shall be approved 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, and one shall be filed with the board of education of the local unit. (Acts 1949, pp. 1401, 1416.)
32-621. Funds, how drawn. State funds to meet the operating expenses provided for by such school budgets shall be withdrawn from the State treasury on executive warrants based on requisitions signed by the State Superintendent of Schools, and shall be disbursed to the various local units by the State Treasurer upon the order of the State Superintendent of Schools. Transfers of funds within their budgets may be made by local boards providing such transfers do not conflict with the provisions of this Chapter. (Acts 1949, pp. 1401, 1416.)
32-622. 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 Act, or other Acts of Congress appropriating Federal funds for vocational education purposes, or the distribution of State funds appropriated or allotted for such purposes, but all such funds shall be apportioned by the State Board of Education to the various local units 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 limitation as may be imposed in the grant or appropriation of the same. (Acts 1949, pp. 1406, 1417.)
32-623. Policy of State as to vocational education. It is hereby declared to be the policy of the State of Georgia, (1) to leave teachers of vocational subjects in the public school system of this state under the jurisdiction and control of the local boards of education, (2) to provide for a program of vocational education for out-of-school youth, adults, teacher training and area schools, under the jurisdiction of the State Board of Education, as provided in section 32-626, and (3) that Federal funds for vocational education shall be expended in carrying out the State plan of vocational education in keeping with the requirement of Federal laws relating to vocational education which amount shall not be less than $600,000 annually and (4) the State Board of Education is hereby charged with the responsibility of inaugurating and maintaining adequate facilities and opportunities for
25

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training in agriculture, home economics, distributive education, and trades where justified by established needs. (Acts 1949, pp. 1406, 1417; 1951, p. 676.)
32-624. Determination of funds needed for free textbooks, teaching materials, etc. The State Board of Education shall annually determine the funds needed to provide the public schools of the State with free textbooks, teaching materials and aids, and school library books and materials by multiplying the total number of persons enrolled in the public schools of the State by a sum to be determined by the State Board of Education. This sum shall be determined annually and shall be not less than $3 per person enrolled in the public schools of the State, provided adequate funds are appropriated by law. (Acts 1949, pp. 1406, 1417.)
32-625. Funds to provide public libraries with library materials and books. The State Board of Education shall annually determine the funds needed to provide the public libraries of the State with library materials and books by multiplying the tota) population of the State by a sum to be determined by the State Board of Education. This sum shall be determined annually and shall be not less than 16 cents per person, provided adequate funds are appropriated by law. (Acts 1949, pp. 1406, 1418.)
32-626. Funds for vocational education of out-of- school youth, adults, etc. The State Board of Education shall annually determine the funds needed to provide for a program of vocational education for in-school youth, out-ofschool youth, adults, teacher training, and area schools. Such funds shall be made available for such programs of education in accordance with rules and regulations established by the State Board of Education (Acts 1949 pp 1406, 1418; 1951, pp. 676, 677.)
32-626. 1. Matching Federal funds. Any funds necessary for matching Federal funds for any project approved by the State Board of Education shall be made available by said Board from any available funds (Acts 1951 pp. 676, 677.)
32-627. Funds for program of vocational rehabilitation. The State Board of Education shall annually determine the funds needed to provide for a program of vocational rehabilitation. Such funds shall be made available for the rehabilitatioon of handicapped persons in accordance with rules and regulations established by the State Board of Education (Acts 1949 pp. 1406, 1418.)
32-628. Funds for State trade schools. The State Board of Education shall annually determine the funds needed for State trade schools established by the State Board of Education. Such funds shall be made available for the operation of such schools under rules and regulations provided by the State Board of Education. (Acts 1949, pp. 1406, 1418.)
32-629. Funds for State schools for the deaf and blind. The State Board of Education shall annually determine the funds needed for the State schools for the deaf and blind and for such other special schools for exceptional persons established by the State Board of Educatioon. Such funds shall be made available for the operation of these schools under rules and regulations provided by the State Board of Education. (Acts 1949, pp. 1406, 1418.)
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32-629. 1. Funds for school lunch program. The State Board of Education shall annually determine the funds needed for the cost of operating the division of administration of the school lunch program of the State Department of Education. (Acts 1951, p. 753.)
32-630. Contingent fund for relief and hardships. The State Board of Education shall have authority to set up a contingent fund for the special purpose of relieving hardships which may be caused by the operation of this Chapter and to take care of any unusual or unforeseen circumstances. (Acts 1949, pp. 1406, 1418.)
32-631. State Board of Education to administer; State Superintendent as secretary. The State Board of Education shall administer this Chapter, with the exception of section 32-633, and enforce its provisions. The State Superintendent of Schools shall be the executive and administrative secretary of the State Board of Education for that purpose. In administering this Chapter, the State Board of Education shall employ upon the recommendation of the State Superintendent of Schools such supervisiors or other employees as may be necessary, and shall fix their compensation. (Acts 1949, pp. 1406, 1418.)
32-632. Withholding of funds from local units; certiorari. In the event that a local unit of administration should fail to comply with one or more of the provisions of this Chapter, the State Board of Education, in its discretion, may withhold from that unit, or any part, of the State foundation program funds provided for in this Chapter until such time as full compliance is made by that unit. Any local board of education shall have the right of certiorari to the courts from any decision of the State Board of Education. (Acts 1949, pp. 1406, 1419.)
32-633. Funds for operation, maintenance, etc., of the University System. The Board of Regents of the University System of Georgia shall biennially determine the funds needed for the operation, maintenance and improvement of the units of the University System of Georgia to be filed with the director of budgets and to be transmitted to the General Assembly as a request for appropriations for the biennium.
In computing the amount of the funds needed for the operation, maintenance and improvement of a University System the following guides shall be followed:
(1) The amount of funds needed for instruction, maintenance and operation shall be determined by multiplying the total estimated number of students to be annually enrolled by a figure to be determined by the Board of Regents which in their opinion will provide adequate funds for these purposes.
(2) Not less than $1,000,000 annually shall be included for the support of research and extension work.
(3) Two million dollars annually shall be included for the construction of buildings and for the purchase of equipment.
(4) The Board of Regents shall allocate to the several units of the University System all funds appropriated according to the needs of each institution
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to be determined under rules and regulations promulgated by the Board of Regents. (Acts 1949, pp. 1406, 1419.)
32-634. Effective date of chapter. This Chapter shall become effective when as much as $70,000,000 has been made available by appropriation and approval of the State Budget Bureau for one year's operation. (Acts 1949 pp. 1406, 1419; 1951, pp. 626, 627.)
e
PART V
TEXTBOOKS IN PUBLIC SCHOOL
Note: Code Sections 32-701, 702, 703, 704, repealed Acts of 1937, pp 896 897.
32-705. Addition to the State course of study. Bible reading. Health and hygiene, the nature of alcholic drinks and narcotics, the elements and principles of agriculture, and 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. 296; 1921, p. 156.)
32-706. Instruction in essentials of United States and State Constitutions. Study of American institutions and ideals. All schools and colleges sustained or in any manner supported by public funds shall give instruction in the history of the United States, and in the history of Georgia, and 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 perviously passing a satisfactory examination of the history of the United States, and the history of Georgia, and upon the provisions and principles of the United State Constitution and the Constitution of Georgia. (Acts 1923, p. 130; 1953, p. 532.)
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 in the various grades, and may, in its discretion, authorize the county
28

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 perscribe, 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.)
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, furnishing 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, inculsive,
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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 instifutions. 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 prescibed 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 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
30

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.)
32-724. Instruction in Federal, State, county, and municipal government required for graduation. The State Board of Education shall prescribe a course of study in the background, history and development of the Federal and State governments. The Board shall also approve and recommend text books to be used in this course. The course so prescribed shall be taught in the 11th or 12th grade of all high schools which receive in any manner funds from this State. The course shall be taught for the entire school year: Provided, however, the total time devoted to said course of study shall be sufficient to earn one full unit of credit. The course in the study of Federal and State government shall be supplemented in each high school by a study of the local county and municipal governments. No student shall be eligible to receive a diploma from a high school, which receives funds from this State, unless said student has successfully completed the course in governments provided for by this section. (Acts 1953, p. 587.)
FURNISHING BOOKS OTHER THAN
UNIFORM TEXTBOOKS
Note: All of Chapter 32-8 Furnishing Books other than Uniform Textbooks repealed Acts 1937, pp. 896, 901.
PART VI
COUNTY BOARDS OF EDUCATION
Note: Code Section 32-913 repealed Acts 1949, pp. 1406, 1420; Code Section 32-916 and 917 repealed Acts 1946, pp. 206, 208; Code Section 32-918 repealed Acts 1937, pp. 882, 891; Code Section 32-919 repealed Acts 1947, p. 1461; Code Section 32-936, 939, 946 and 947 repealed Acts 1937, pp. 882, 891; Code Section 32-948 repealed Acts 1949, pp. 1406, 1420.
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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.)
Note: Board of Education v Southern National Bank, 184 Ga. 641. The county board of education is a political subdivision of the State and the agency through which the county acts in school matters.
Keever v Board of Education, 188 Ga. 299. Management and control of public schools of county is confined to county board of education, and it is the tribunal for hearing and adjudicating all local controversies relating to construing and administering school law, and is given wide discretionary powers.
32-902. Membership in county boards. Note: Article VII, Section V, Paragraph 1, Georgia Constitution of 1945 (Code 2-6801) conflicts with the provisions of this Section. See: Constitutional provision of this Code. The Constitutional provision 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 schoolbook shall be eligible for election as members of any board of education or as county superintendent of schools:
32-902.1. Section of board members by grand jury. The members of the county boards of education in those counties in which the grand jury selects such members pursuant to Article VIII, Section V, Paragraph 1 of the Constitution of Georgia of 1945, as amended (2-6801), shall be selected by the last grand jury immediately preceding the expiration of the term of the member that the member to be selected will replace. (Acts 1953, Nov. Sess., p. 334.)
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 the common school system. Whenever a member of the board of education moves his residence into a militia district where another member of the board resides, or into a district or municipality that has an independent local school system, the member changing his residence shall immediately cease to be on the board and the vacancy shall be filled as required by law. (Acts 1919, p. 321.)
32-904. Compensation of members. The members of the board of education in each county shall be paid a per diem not to exceed $2 for each day's actual service out of the school fund appropriated to the county; and their
32

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.)
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". There are several such general acts applicable to various populations.
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.)
Note: Article VIII, SectionV, Paragraph 1, Georgia Constitution of 1945 (Code 2-6801) provides that in case 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 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 I Article XII, Constitution of 1945. (Code 2-8001).
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 board; 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,
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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 a regular session between the first and fifteenth of each month at the county seat for the transaction of business pertaining to the public schools, with power to adjourn from time to time, and in absence of the president or secretary, they may appoint one of their own number to serve temporarily. The county board of education shall annually determine the date of the meeting of said board and shall publish same in the official county organ for two consecutive weeks following the setting of said date. Provided further that said date shall not be changed oftener than once in twelve months. (Acts 1955, pp. 625, 626.)
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 incovenient, 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 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, 207.)
Note: Duffee v Jones, 208 Ga. 639. County board of education has power to and may sell at private sale any schoolhouse property for which it has absolute title when board by resolution declares that same is not necesary or convenient for school purposes.
32-910. Powers of county boards as school court. The county board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary; and when they have made a decision, said decison shall be binding upon the parties. Either of the parties shall have the right of appeal to
34

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: Provided, that this section shall not apply to any public school system established prior to the adoption of the Constitution of 1877. (Acts 1919, p. 324; 1947, pp. 1189, 1190.)
Note: Board of Education v Young, 187 Ga. 644, 646. Teacher has right to bring mandamus proceeding against board of education for restoration of former status and salary as principal.
Board of Education v Purse, 101 Ga. 422. Board of education may suspend a pupil for parent's interference with school discipline.
32-911. Vaccination of pupils of public schools. The boards of education of each county and independent school system may make such regulation 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, 207.)
Note: Anderson v State, 84 Ga. App. 259. Religious belief in devine healing through faith held not to excuse refusal to have children vaccinated.
32-912. Organization; powers and duties. The county superintendent of schools and county board of education shall make rules to govern the county schools of their respective counties. Upon being called together by some one of their number, after their election, they shall organize by selecting a chairman. The county superintendent of schools shall act as secretary of the board, and keep the minutes of their meetings and make a permanent record of the same, and do any other clerical work that they may direct him to do. Said board may suspend the county superintendent of schools for incompetency, wilful neglect of duty, misconduct, immorality or the commission of crime involving moral turpitude, and may suspend teachers for nonperformance of duty, incompetency, immorality or inefficiency, and for other good and sufficient cause. In each case appeal may be taken to the State Board of Education. (Acts 1919, p. 325.)
Note: Mayor and C. of Union Point v Jones, 88 Ga. App. 848. Certiorari will not lie to superior court to review adminisrative review by State Board of Education of administrative act of county board of education where said board, in exercise of its discretionary power fixed by this section, caused school plant survey to be made, and thereafter adopted same by resolution.
Parker v Board of Education of Sumter County, 209 Ga. 5. County board of education is not body corporate with authority to sue and be sued.
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
36

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, 207.)
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 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 amoung 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.)
Note: Board of Education v Board of Trustees, 170 Ga. 509. Where board of education, having lawfully incurred debts for purpose of operating schools, fails and refuses to repay debt thus incurred by note evidencing such debt, mandamus is available remedy to compel such board to repay debt.

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. 328.)
32-923. Term of loan. No money shall be borrowed for any longer time than is necessary, and the same shall be paid back out of any funds coming into the hands of the county superintendent of schools that can be legally applied to the payment of the same. (Acts 1919, p. 328.)
32-924. Interest 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.)
32-925. Reports to grand juries. At the opening term of the superior court of each county, where money has been borrowed by the board of education under the provision 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; exception of contracts for transportation of pupils. 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, provided county boards of education shall have authority to contract for the transportation of pupils for a period not to exceed four years. Any indebtedness created, contract made, or order or draft issued in violation thereof shall be void. (Acts 1919, p. 329; 1947, p. 1142.)
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
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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.)
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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 educaation may organize in each county one or more manual labor schools on such a plan as may be self-sustaining: Provided, that the plan be first approved by the State Board of Education. (Acts 1919, p. 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.)
32-937. 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 compensa-
38

tion 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 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.)
Note: Worth v Board of Education, 177 Ga. 166. This section is not limitation as to ages of children who may be taught in public schools; it is merely statement that all children between ages of six and 18 shall be taught free.
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. 206, 208.)
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.)
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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.)
Note: Burke v Wheeler County, 54 Ga. App. 81. Public school funds cannot be used for other than school purposes.
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, pp. 206, 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 provision of Act of Congress, approved May 8, 1914 (Barnes' Federal Code, Section 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. The board of education of the several counties may employ and pay county agents and home demonstration agents to carry on said extension work. (Acts 1922, p 821923, 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 receipt 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 to such public school systems any of the State school funds for the year for which such budget is made (Acts 1925 p. 135.)
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32-949. Sale of supplies or equipment by member of county board of education, for public cchoo! 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 unconstitutionally 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.)
32-951. Power to condemn private property for school purposes. The
county boards of education are hereby authorized and empowered to take and damage, by condemnation, private property for public school purp3ses, whether 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. (Acts 1947, pp. 1130, 1131.)
32-952. Same; procedure. Condemnation proceedings by the county boards of education as authorized by section 32-951 shall take the form provided in Chapters 36-1 through 36-6, or the form provided in Chapter 36-11. (Acts 1947, pp. 1130, 1131; 1953, Nov. Sess., pp. 174, 175.)
32-953. Authorized purchases by county and city boards of education.
County and city boards of education, upon approval of majority members of such board, are hereby authorized to expend funds for the purchase of educational information, literature and services. (Acts 1952, p. 334.)
32-954. Reorganization of schools by boards of education; fixing number of grades. The board of education of any county or independent school system is hereby authorized and empowered, if, in their opinion, the welfare of the schools of the county or independent system and the best interest of the pupils requires, to reorganize the schools within their jurisdiction and to determine and fix the number of grades to be taught at each school in their respective systems. (Acts 1953, Nov. Sess., pp. 282, 283.)
PART VII
COUNTY SUPERINTENDENT OF SCHOOLS
Note: Code Section 32-1015 and 1016 repealed Acts 1937, pp. 882, 892.
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 begining on
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the first day of January following the day of election. Each shall hold office until his successor is elected and qualified: Provided, if there is in any county one or more independent school systems not under the supervision of the county superintendent, the voters of such independent system or systems shall not vote in any primary or election for the county superintendent. But this section shall not disqualify registered, qualified voters residing in the limits of a quasi-independent school district from voting in any primary or election for county superintendent of schools. (Acts 1887, p. 68; 1909, p. 154; 1914, p. 47; 1919, p. 349; 1931, p. 124, Const., Art. XI, Sec. II, Par.l (Section 2-7901.) 172 Ga. 497, 500 (158 S.E. II.)
Cross-reference: Article VIII, Section VI, Paragraph 1, Georgia Constitution of 1945. (Code 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 least one of the above qualifications. This certificate must be signed by the president of the county board of education. (Acts 1919, p. 350.)
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 according to census of United States for 1930 or any future census.
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. Compensation. 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 an Act to equalize educational opportunities throughout the State. The county superintendents of schools shall receive salaries in amounts
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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 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. The county superintendent of schools may employ clerical and office help and the county board of education may compensate him for the expenses of such help, as in their judgment is reasonable and proper. (Acts 1919, p. 350; 1943, pp. 274, 275; 1946, p. 73; 1947, p. 1169; 1951, pp. 628, 629.)
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. 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, 1190.)
Note: Cuy v Nelson, 202 Ga. 728. Failure of above section to make provision for notice to superintendent, with opportunity to make defense before being removed, renders it unconstitutional as denying due process. Section not rendered valid because officer may actually have been afforded a hearing, since he was entitled thereto as matter of constitutional right and not as matter of grace.
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.)
Note: American Ins. Co v Seminole County Board, 51 Ga. App. 808. County superintendent of schools cannot contract debt on behalf of county board

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of education without previous authority from board; nor, in absence of such authority, can he dispose of county funds before they are collected.
Ferguson v State, 27 Ga. App. 806. Mandamus is proper remedy of school teacher to compel board of education and county superintendent to pay account for teaching, and action on quantum meruit will not lie.
32- 1010. Examination and suspension of teachers. The county superintendent of schools shall superintend examinations of all teacher 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, pp. 1189, 1191.)
Note: Pierce v Beck, 61 Ga. 413. Teaching carried on notwithstanding dismissal of teacher, entitles him to no compensation out of public school funds.
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.)
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.)
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.
Note: Worth v Board of Education, 177 Ga. 166, 177. This exemption applies only to Chapter 32-10, relating to county superintendents, and does not exempt any system from other provisions of school code.
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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 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 writing of good moral character. A license of the first grade shall continue in force for three years, a license of the second grade for two years, and a license of the third grade for one year, which 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. Revoaction of teachers' licenses. The county superintendent of the school 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 licenses 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 subscribing to or teaching any theory of government of economics or of social relations which is inconsistent with the fundamental principles of patriotism and high ideals of Americanism. (Acts 1935,pp. 1305, 1306.)
Cross-reference: Georgia Code Annotated Chapter 26-9A, Sedition and Subversive Activities Act, as to additional oath and questionnaire.
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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
Note: Code Section 32-1102, 1103, 1108, 1110, 1112, 1114, 1115, 1119, 1120, 1121, 1122, 1124, 1125, 1126, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, repealed Acts 946, pp. 206, 209, 211, 212, 213.
32-1101. Each county to compose one school district; management by county board of education. 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 1919, p. 333; 1946, pp. 206, 209.)
Note: Campbell v Red Bud School District, 186 Oa. 541, 548. School districts are political subdivisions of the State.
32-1104. Local School Trustees; appointment, tenure, officers. 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 freeholder annd 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, pp. 206, 209.)
32-1105. Same; duties; transfer of funds by treasurer of former trustees. 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
46

recommendations to the county board of education as to budgets, employment of teachers and other authorized employees, and as to other matters relating to the school of which they are trustees. Such recommendations shall be merely advisory and the coun.y 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 education 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. (Acts 1946, pp. 206, 210.)

32-11C6. Collection of school taxes by county tax collector; commissions. 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 Ihe schools once a month. He shall also collect all county jschool taxes levied under the authority of Article VIII, Section XII, Paragraph I of the Constitution of the State, upon which collections he shall receive a commission of 2V2 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, pp. 206, 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 section, shall be paid by the county and shall not be taken from the common or public school fund. (Acts 1919, p. 338.)

32-1109. local tax election for municpalities. Any municipality authorized

by law to establish and maintain a system of public schools by local taxa-

tion, 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 such election shall be posted

1

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

47

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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.)
32-1111. 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, pp. 206, 211.)
32-1113. Transfer to county board of education of records, property, and funds of former local tax districts. 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, pp. 206, 211, 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 distrist 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 superintendent of schools of each county to furnish to each such corporation, information as to the boundaries of each school district in which such corporation may have property such as will enable such corporation to determine the amount of its property in such district, and he shall also furnish similar information whenever the boundaries of any school district may be changed.
The rolling stock, franchises and other personal property of said corporations shall be distributed to said school districts on the same basis that rolling stock, franchises and other personal property are distributed to counties and municipalities under the law; that is, 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.)
48

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, pp. 206, 212.)
32-1123. Transfer of county board of education of books, records, and property of school district. 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, pp. 206, 212, 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 for educational purposes in such amounts as the county authorities shall determine, the same to be appropriated to the use of the county board of education, and the educational work directed by them. (Acts 1922, pp. 81, 82.)
Note: Taylor v Mathews, 10 Ga. App. 852. Expense of litigation in preserving right of local taxation may be paid out of funds from local taxation. (Acts 1919, p. 342.)
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 one-fourth 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
49

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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.)
Note: Miller v City of Cornelia, 188 Ga. 674. After municipality, in accordance with above section, has transferred public school to county board of education, it is not empowered to donate funds for support of such school.
32-1202. Proceedings after election. When the results of said election are declared and published in favor of repealing such independent school system, making the territory included in said system thereby to become a part of the county school system, said independent or local school system shall continue to function under its local laws, organizations, and regulations until the county board of education shall arrange for the operation by them of such school or schools within said local system as a part of their 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 districts. (Acts 1926, Extra. Sess., p. 40.)
PARTX
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.)
50

Cross-reference. Note: 1945 Constitutional provision to contract debt to pay teachers, Article VII, Section III, Paragraph I. (Code 2-5601.)
County board may borrow money to pay teachers, Code Section 32-921.
32-1302. Authority to use allocated funds to pay teachers. The Governor is further authorized and empowered, at any time in his discretion, to impress, use, and employ for the payment of 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; 1943, pp. 344, 346.)
32-1304. Sick leave. Each person employed as a teacher in any public school of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service, such leave to be cumulative over each school year, but not cumulative from one school year to the next. A teacher may utilize sick leave upon the approval of the principal of the school in which such teacher is employed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty, or to illness or death in the teacher's immediate family. Teachers shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other non-work days. No teacher utilizing sick leave under the provisions of this sectioon shall be required to pay the cost of employing a substitute teacher to serve in his absence on such sick leave. (Acts 1953, Nov. Sess., p. 43.)
PART XI
BUILDING SCHOOLHOUSES
32-1401. Powers of county boards of education with respect to building and equipping schoolhouses, preparing tax digest, etc. 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. (Acts 1946, pp. 206, 213.)
32-1402. Outstanding bond issues, how dealt with. In any local or conssolidated school district in any county where there is an outstanding bonded
51

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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.
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 outsanding 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. 206, 214.)
52

No'e: Board of Ed. of Paulding Co. v Gray, 203 Ga. 583. Where county board of education received from an abolished school district funds which had been derived from sale of bonds voted for purpose of building, repairing, and equipping schoolhouse in that district, it can lawfully use the funds for no other purpose.
32-1403. Bonds for building and equipping schoolhouses and purchasing sites therefor, how issued. That thereafter, 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 VII, Section VII, Paragraphs I and II 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, 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, pp. 206, 216.)
32-1403.1. Division of county into local schoolhouse districts for purpose of issuing bonds to build, etc., schoolhouses and to purchase sites therefor; election and issuance and validation of bonds. 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 subdivisons to be known as local schoolhouse districts. Whenever the county board of education divides the county into local subdivisons 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 subdivisions. The same shall be marked off in the manner which the board deems to be most advantageous to the school interest of the county, providing that local school districts which were established prior to the 1945 Constitution may be reestablished: Provided, however, that local school districts which were set up, defined and established within a county prior to the adoption of the Constitution of the State of Georgia of 1945 may be reestablished and redefined without change, alteration or enlargement. 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, enlarging and repairing schoolhouses, to include building and
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equipping, enlarging and repairing lunch room, vocational and physical education buildings and facilities, 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. VII, Sec. VII, Paragraphs I and II of the Constitution of 1945 (2-6001, 2-6002). An election for bonds for such local subdivisions shall be called and held in the manner prescribed by Chapter 87-2, as amended, and the bonds shall be validated in the manner prescibed by Chapter 87-3, as amended. The purpose of this section 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 established, for building and equipping, enlarging and repairing schoolhouses, to include building and equipping, enlarging and repairing lunch room, vocational and physical education buildings and facilities, 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 tho 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 ths county board of education for such local subdivision. The property located outside of such subdivision shall not be subject to taxation for the retirement of any bonds issued for the local subdivision. (Acts 1947, pp. 1186, 1187; 1949, pp. 683, 689.)
32-1403.2. Same; declaration of inlent and purpose of law. It is not intended that section 32-1403.1 shall in any way interfere with the county board of education issuing bonds on a countywide basis as provided for in section 32-1403. The purpose of section 32-1403.1 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, buildings and equipping schoolhouses prove inadequate and inequitable because of prior existing bonded indebtedness of local districts or otherwise. (Acts 1947, pp. 1186, 1187; 1949, pp. 688, 690.)
32-1404. High schools; joint building and maintenance. Counties and municipalities located therein (having independent school systems supported in whole or in part by local taxation) may contract with each other for the joint building and maintenance of high school buildings to be located within such municipalities for the joint use of the children living in such municipalities and those living in the county outside of the limit of such municipalities. (Acts 1923, pp. 98, 99.)
32-1405. Contract for joint building of high school; approval and confirmation. The contract provided for in the preceding section shall be entered into, in the first instance, by the city board of education and county board of education, or by other authorities by whatever name called, having charge of the educational affairs of the city and county, respectively, upon such terms and conditions as may be agreed on, and shall then be approved
54

and confirmed by the mayor and council and board of county commissioners, or other authorities by whatever name called, having charge of the fiscal affairs of the city and county, respectively. (Acts 1923, p. 99.)
32-1406. Bonds for joint building and maintenance of high school. When the contract has been made and approved, as provided in the two preceding sections, then the authorities of the county and municipality having charge of their fiscal affairs may issue bonds for their proportion of the cost of such buildings, as agreed on, in the manner provided by law for the issuance of bonds by a county or municipality; and the call for election shall provide that if the other contracting party shall fail to carry an election for bonds, for the same purpose, the election for bonds provided for in the call, even if carried, shall not be effective and that all previous acts in connection with the issuance of said bonds shall, in such event, be void and of no effect. (Acts 1923, p. 99.)
32-1407. Levy of taxes to pay bonds, etc. When an election for the bonds provided for in the preceding section has been carried as provided 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).
32-1409. Refunding, retiring, or refinancing schoolhouse bonds of school district. Where any school district, or consolidated school districts, 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 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
55

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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., 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.)
56

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 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
57

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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 two-thirds 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 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 bond 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 twothirds of the qualified voters voting in such election (provided such twothirds so voting shall be a majority of the registered voters), cast their ballots in favor of the issue "For refunding outstanding schoolhouse bonds," the officals 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.)
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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.)
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 district, 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 32-1409 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
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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 issued 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 32-1409 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
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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 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
STATE SCHOOL BUILDING AUTHORITY
32-1401 a. Short title. This may be cited as the "State School Building Authority Act." (Acts 1951, pp. 241, 243.)
32-1402a. Creation: members; officers; quorums; rules and regulations. There is hereby created a body corporate and politic to be known as the State School Building Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of seven members, four of whom shall be the Chairman of the State Board of Education, the Attorney General of the State of Georgia, the State Auditor and State Superintendent of Schools. The remaining three members shall be appointed by the Governor in such manner that the term of one member shall expire January 1, 1953, and the terms of the other two members shall expire January 1, 1955 and January 1, 1957 respectively. Their successors shall be appointed for terms of four years from the date of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired time. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and another as vicechairman, and a secretary and treasurer, who need not necessarily be a member of the Authority. Five members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services, but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The
Authority shall make rules and regulations for its own government. It shall have perpetual existence. (Acts 1951, pp. 241, 243.)
32-1403a. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(a) The word 'Authority" shall mean the State School Building Authority created by Section 32-1402a.
(b) The word "project" shall be deemed to mean and include one or a combination of two or more of the following: building and facilities intended

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for use as school buildings, classrooms, laboratories, libraries, and instructional, administrative, and recreational facilities for students, faculty, officers, and employees of any institution or unit under the control of a county board of education, city board of education or governing bodies of independent districts or systems, and all structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any unit which is a part of any such institution, including the improving, altering, or repairing of the same.
(c) The word "unit" shall mean any institution, school, or academy, at any particular location which forms a part of the public school system of this State operated by a county board of education, city board of education, or governing bodies of independent districts or systems.
(d) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provision of this Act for such project.
(e) The term "revenue bonds" as used in this Act shall mean "revenue certificates" as defined in the Revenue Certificate Law of Georgia of 1937, Chapter 87-8 as amended.
(f) Any project or combination of projects shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues, rents or earnings to be derived by the Authority therefrom will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. (Acts 1951, pp. 241, 244.)
32-1404a. Powers. The Authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes:
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue
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and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this chapter, except from the funds provided under the Authority of this chapter, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned and no property shall be acquired under the provisions of this chapter upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; and if the Authority shall deem it expedient to construct any project on lands which are subject to the control of the public school system of the State or of any county board of education, city board of education, or governing body, independent or quasi-independent district or system, or local unit of administration. The Governor, in the case of the State, or the boards of education of counties or cities, or the equivalent governing authorities of independent school districts, or systems, are hereby authorized to execute for and in behalf of the State or the various county boards of education, city boards of education, or governing bodies of independent districts or systems, as the case may be, a lease upon such lands to the Authority for such parcel or parcels as shall be needed for a period not to exceed fifty (50) years, at a nominal rental of one dollar ($1.00) per year. If the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby Authorized to convey, for and in behalf of the State, title to such lands to the Authority, upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon to such lands to the Authority, upon payment to the State Treasurer for
lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority; further, if the Authority shall deem it expedient to construct any project on any other lands, the title to which shall then be in any county, municipality, or other governmental subdivision of the State, the proper authorities of such county, municipality or governmental subdivision are hereby authorized to convey, for and in behalf of such county, municipality, or governmental subdivision, title to such lands to the Authority, upon payment to the proper fiscal officer of the county, municipality, or other governmental subdivision of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon between such governmental authorities and
the chairman of the Authority. (4) To appoint and select officers, agents and employees, including
engineering, architectural and construction experts, fiscal agents and at-
torneys, and fix their compensation; (5) To make contracts, leases and to execute all instruments necessary
or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all political subdivisions, departments institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreemeints with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the
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generality of the above, authority is specifically granted to the county boards of education, city boards of education or governing bodies of independent districts or systems for and on behalf of the units and institutions within their respective counties, cities, or districts, and to the Authority to enter into contracts and lease agreements for the use of any structure, building or facilities of the Authority for a term not exceeding fifty (50) years, and the board of education or equivalent governing body for and on behalf of the respective political subdivision may obligate itself and its successors to use only such structure, building or facility and none other and so long as said property is used by such political subdivision to pay an amount to be determined from year to year for the use of such property so leased, and also to obligate itself and its successors as a part of the lease contract, to pay the cost of maintaining, repairing and operating the property so leased from the Authority.
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or from any other source.
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;
(8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(10) To do all things necessary or convenient to carry out the powers expressly given in this Chapter. (Acts 1951, pp. 241, 245.)
32-1405a. Revenue bonds; issusance; amount; interest; redemption; before maturity.--The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in an unlimited amount, for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding four and one-half (4]/2%) percentum per annum, payable semi-annually, shall mature at such time
64

or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment, as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution provided for the issuance of the bonds. (Acts 1951, pp. 241, 249.)
32-1406a. Same; form; denominations; registration; place of payment.--The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (Acts 1951, pp. 241, 249.)
32-1407a. Same; signature; seal.--In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all Purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority by such persons as at bear the facsimile signature of such person and any bond may be signed sealed and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. (Acts
1951, pp. 241, 249.)
320408a. Same; negotiability; exemption from taxation.-All revenue bonds issued under the provisions of this Chapter have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. (Acts
1951, pp. 241, 250.)
32-1409a. Same; sale; price.-The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received thereof at more than four and one-half (4%%) percentum per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to
maturity. (Acts 1951, pp. 241, 250.)
320410a. Same; proceeds of bonds.-The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project, and shall be disbursed upon requisition or order of the chairman of the
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Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. (Acts 1951, pp. 241, 250.)
32.1411a. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definite bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds with or without coupons exchangeable for definite bonds upon the issuance of the latter. (Acts 1951, pp. 241, 251.)
320412a. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (Acts 1951, pp. 241, 251.)
32-1413a. Same; Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Chapter. In the discretion of the Authority revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects in any one city or in any one county or any number of counties. Any resolution, providing for the issuance of revenue bonds under the provisions of this Chapter shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. (Acts 1951, pp. 241, 251.)
32-1414a. Same; Credit of State not pledged; Payment from Minimum Foundation funds. Revenue bonds issued under the provisions of this Chapter shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this sectionprovided, however, such funds as may be received from State appropriations or from any other source are hereby declared to be available and may be used on behalf of the county boards of education, city boards of education or governing bodies of independent districts or systems for the performance of any lease contract entered into by said boards or governing authority unless the use of such funds shall be otherwise stipulated by law.
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.
In the event any county board of education, city board of education or governing body of an independent school district or system shall enter into a lease contract with the authority as herein provided, then any sums accruing to and for the benefit of such political subdivisions by virtue of any amounts appropriated and allocated for that purpose pursuant to Section 11 of the Minimum Foundation Act (Section 32-613) (Georgia Laws 1949, p. 1406, et seq.) or as hereafter amended, shall, by the Board of Education, be paid all or so much thereof as is necessary direct to the authority until such time as the obligation in respect to said lease or lease contracts shall have been paid in full; it being intended hereby that such sums if any, as may be appropriated by the legislature and accrue and be allocated by the State Board of Education for the benefit of any particular political subdivision for "capital outlay" as provided by said Section 11 of said Minimum Foundation Act (section 32-613) as now in force and effect or as hereafter amended, shall be subject to be first applied to the extent necessary to the faithful performance of any lease contract of that particular subdivision with the Authority.
In the event such sums so appropriated by the legislature to the State Board of Education to be used in accordance with Section 11 of the said Minimum Foundation Act as now in force and effect or as hereafter amended, and allocated by said board to and for the benefit of a respective political subdivision which has entered into a lease contract with the Authority is not sufficient to discharge the obligations and undertakings therein agreed to be performed and should the political subdivision fail to pay any sum necessary to make up the difference between the amount to be paid under the lease contract and that actually paid by the State Board of Education direct to the Authority as in the preceding paragraph provided, then it shall be the duty of the authority to notify immediately, in writing, the State Board of Education, the State Department of Education, and the State Treasurer of the amount due said Authority, and thereupon the State Treasurer the State Board of Education, and the State Department of Education' are hereby authorized and directed to withhold from any other funds appropriated, allotted, or due to be paid to such county, city, independent school district or system an amount sufficient to pay the obligation due the Authority by the defaulting county, city, independent school district or system for rental of buildings or facilities, and said State Board of Education State Department of Education and the State Treasurer are authorized and directed to pay such funds to the authority to be applied in payment on such unpaid rentals, said payment being charged against the respective funds due such county, city, independent school district or system. (Acts 1951, pp. 241, 252.)
32-1415a. Same; trust indenture as security.-- In the discretion of the Authority any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign rents revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and
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not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and issuance of the project and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustees, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost maintenance, operation and repair of the project affected by such indenture. (Acts 1951, pp. 241, 253.)
32-1416a. Same; to whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Chapter and such resolution or trust indenture may provide (Acts 1951 pp. 241, 254.)
32-1417a. Same; sinking fund. The revenues, rents and earnings derived from any particular project or combined projects and all sums allocated or paid by the State Board of Education or State Department of Education to the Authority for the benefit of any political subdivision or its governing body for the performance of any lease contract or any and all funds from any sources received by the various county boards of education, city boards of education or governing bodies of independent school districts or systems that have entered into lease contracts with the Authority and paid to it in the performance of such contract or contracts or any and all revenues rents and earnings received by the Authority regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which said sinking fund shall by the Authority be

pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such covenants and regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again

be issued. (Acts 1951, pp. 241, 255.)

32-1418a. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Chapter or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Chapter or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon any property of the State, or upon any property of the

Authority. (Acts 1951, pp. 241, 256.) 32-1419a. Same; refunding bonds. The Authority is hereby authorized
to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Chapter, insofar as the same may be applicable.

(Acts 1951, pp. 241, 256.)

320420a. Same; bonds as legal investment; security for deposit. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors,

trustees and other fiduciaries and all other persons whatsoever who are now

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J1

or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. (Acts 1951, pp. 241, 257.)
32-1421 a. Same; exemption from taxation; covenant of State. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Chapter and this State covenants with the holders of the bonds that the Authority shall be required too pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. (Acts 1951, pp. 241, 257.)
32-1422a. Same; venue and jurisdiction of actions pertaining to bonds. Any action to protect or enforce any rights under the provisions of this Chapter shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Chapter shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. (Acts 1951, pp 241, 258.)
321423a. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The petition for validation shall make party defendant the said Authority, and shall also make party defendant to such action the State Board of Education and any political subdivision which has contracted with said Authority for the use of any building, structure or facility for which bonds have been issued and sought to be validated, and such parties shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof detemined and the matters and conditions imposed on the State Board of Education to be performed, and all such undertakings adjudicated as security for the payment of any such bonds of the Authority. In the event no bill of exception shall be filed within twenty (20) days from the date of the judgment of validation, or if filed and the judgment shall be affirmed by the proper appellate court of this State, the judgment of the superior court so confirming and validating the issuance of the bonds shall be forever conclusive upon the validity of the bonds against the Authority issuing the same and against all parties to such proceedings. (Acts 1951, pp. 241, 258.)
321424a. Same; interests of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence
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of said Authority or of its officers, employees or agents or of the various county boards of education, city boards of education or governing bodies of independent or quasi-independent districts or systems shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Chapter shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. (Acts 1951, pp. 241, 258.)
32-1425a. Acceptance of funds and contributions from any source/The
Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues, rents, and earnings derived under the provisions of this chapter, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purpose for which such grants or contributions may be made. (Acts 1951, pp. 241, 259.)
32-1426a. Moneys received considered trust funds. All moneys received pursuant to the authority of this Chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Chapter. (Acts 1951, pp. 241, 259.)
32-1427a. Revenues, rents, and earnings; use. The Authority is hereby authorized to fix rentals and other charges which the various county boards of education, city boards of education or governing bodies, of independent districts or systems shall pay to the Authority for the use of each project or part thereof or combination of projects and to charge and collect the same and to lease and make contracts with the various counties with respect to the use by any institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. (Acts 1951, pp. 241, 259.)
32-1428a. Authoriziaion to make transfers, sales, leases, etc. to Authority.
In addition to the authority herein granted or otherwise provided by law, the expressed authority and power is given to the State Board of Education, county boards of education, city boards of education, or governing bodies of independent or quasi-independent districts or system, to bargain, sell, transfer convey, rent and lease to the State School Building Authority any property needed or required by said Authority to carry out the purposes of
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this Chapter, together with all buildings and improvements thereon. (Acts 1951, pp. 241, 260.)
32-1429a. Rules and regulations for operation of projects.--It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project or combination of projects contructed under the provision of this Chapter including rules and regulations to issure maximum use or occupancy of each such project. (Acts 1951, pp. 241, 260.)
32-1430a. Powers declared supplemental and additional.--The foregoing section of this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing (Acts 1951, pp. 241, 260.)
321431a. Liberal construction of Chapter. This Chapter being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof (Acts 1951, pp. 241, 260.)
PART XIII
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 schools. 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 1922, pp. 183, 184.)
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PART XIV
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 32-9915.
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 XV
INSTRUCTION IN ANIMAL, BIRD, AND FISH LIFE
32-1701 Purposes of Chapter. The purposes of this Chapter are the 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 any and all other forms of useful wild life, and the forests. (Acts 1929, p. 188.)
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 employed. 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.)
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X

PART XVI
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 quaratine 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: Quaratine for 16 days from date of last exposure.
Cholera: For the patient: Isolation until after compete 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.)
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PART XVII
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 period totaling not less than 30 minutes each school day which shall be devoted 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' courses 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 supervisior 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.)
PART XVIII
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.)
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32-2002. Inspection and report by couniy superintendent or by president of board of education. No county board of education shall pay out any funds for maintenance of the pubilc 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 prescibed 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 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.)
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PART XIX
COMPULSORY SCHOOL ATTENDANCE
Note: Code Sections 32-2101, 2102, and 2103 repealed. (Acts of 1945, pp. 343, 348.)
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.)
Note: Anderson v State, 84 Ga. App. 259. Failure of defendants to have their children immunized against certain contagious diseases, which immunization was required, as prerequisite to their attendance, would be a refusal by defendants to enroll and send their children to school.
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 sixteenth 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.)
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
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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 reqirements 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 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, pp. 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.)
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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 attendance 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 violatiion 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 past of this Chapter, 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 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.)
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PART XX
SPECIAL COURSES, CLASSES OR SCHOOLS FOR CORRECTING
SPEECH OF DEAF CHLDREN.
32-2101a. Authority of local units to establish and maintain special courses, classes, or schools. The local units of administration, as defined in Acts 1937, pp. 882-892, 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.)
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.)
322103a. 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 Acts 1937, pp. 882-892, provid ed no teacher, herein provided for, shall receive less than the minimum salary prescribed, or to be prescribed by, the State Board of Education
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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 Acts 1937, pp. 882-892, and such State funds, or State aid, shall be used in paying to each local unit of administration (as defined by Acts 1937, pp. 882-892) which qualifies under this Chapter for the same, or like purposes as specified by the provisions in subsection three (3) of section nine of Acts 1937, pp. 882-892, 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 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 addition 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.)
32-2105a. Effect of Chapter on existing school laws. This Chapter does not repeal, and shall not be construed as appealing, any of the existing school laws, but is to be construed as additional to same. (Acts 1945, pp.
312, 315.)
PART XXI
SEPARATION OF RACES
32-2101b. Schools to be separate, for white and for colored. No State or local funds derived from taxation or otherwise, shall be appropriated, paid out used, or in any wise expended, directly or indirectly for the maintenance upkeep, operation, or support of any public school district or system in this State which does not provide separate schools for white and colored children throughout the entire district or system and in which all the white and colored children attending public schools do not attend separate schools; nor shall any such money be appropriated, used, paid out, or in any wise expended, directly or indirectly for the payment of any salary or compensation of any nature or character whatsoever to any teacher, instructor employee or official of any public school district or system instructing mixed classes of white and colored children or in any wise concerned in the maintenance, upkeep, support or operation of any public school district or system which does not maintain and provide separate public schools for white and colored children throughout the entire district or system and in which all the white and colored children attending public schools are not educated in separate schools; provided, however, that the provisions of this section shall not apply to the annual capital outlay funds
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allotted to the local school units as referred to in the General Appropriations Act approved February 20, 1953, or to any funds hereafter appropriated for capital outlay purposes, nor to funds for payment of principal or interest on any bonded indebtedness. (Acts 1955, pp. 174,175.)
32-2102b. Approval of budgets. No budget filed or submitted under Sections 32-619 and 32-620 of the Cods of this State shall be approved by the State Board of Education, the State Superintendent of Schools, or other official, which does not provide that all items of proposed expenditure set forth therein shall lapse and become void in the event separate schools for white and colored children should not be maintained and operated in the school district, system or unit submitting such budget and throughout the entire district or system and in the event all the white and colored children attending the public schools thereof do not attend separate schools; and no public school system, district or unit in this State or any officer or employee thereof shall make any expenditure of any public funds for the maintenance or operation of such district, system or unit or any school therein until the budget referred to in said sections of the Cod 2 shall have been approved by the State Board of Education or the State Superintendent of Schools as provided in said Code Section 32-620; provided, however, said district system or unit and the officials thereof shall in all events make payment of sums due the State School Building Authority and payment of principal and interest on any bonded indebtedness, the provisions of this section notwithstanding. (Acts 1955, pp. 174, 175.)
32-2103b. Recovery of money paid out in violation. Any official of this State, or of any county, city or school district, system or unit, who shall be in any wise concerned in paying out, using or in any wise expending any State or local funds contrary to the provisions of this Chapter, shall be liable for the amount so paid out, used or in any wise expended, which shall be recovered against him in an action at law in the name of the State, and the sureties on any official bond of such officer shall be likewise jointly and severally liable in such action, and the recovery shall be paid into the State treasury, it being the duty of the Attorney-General to institute such action upon direction of the Governor. (Acts 1955, pp. 174, 176.)
32-2104b. Application of Chapter 32-21 b. The provisions of this Chapter shall apply to all public school systems in this State, including those maintained and operated by counties and cities, including independent local systems, and all public school systems whether created before or after the Constitution of 1877; and this Chapter shall apply to all counties and cities and school districts within this State and all the officials thereof. (Acts 1955, pp. 174, 176.)
PART XXII
VOCATIONAL EDUCATION
Note: Code Section 32-2204 and 2211 repealed acts 1953, Nov. Sess., p. 401; Code Section 32-2209 and 32-2212 repealed acts 1947, pp. 1161, 1162.)
32-2201. Acceptance of provisions of Act of Congress. The State of Georgia hereby accepts the provisions of an Act of Congress of the
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United States approved February 23, 1917 (20 U.S.C.A., Section 11 et seq.; c. 114, Section 1, 39 Stat. 929), the caption of which said Act is as follows:
" An Act to provide for the promotion of vocational educational; 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. 200; 1919, p. 361.)
32-2202. Duties of State Board of Education as to vocational education. The 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 and also take advantage, when permitted by the Federal Vocational Board of any appropriation 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 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)
32-2205. 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.)
32-2206. Purpose of section 32-2206 to 32-2217. It shall be the purpose of this law (Section 32-2206 to 32-2217) to more nearly equalize the educational opportunties 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.)
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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 defraying 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.)
32-2210. 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.)
32-2213. 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 jursidictional 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 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 32-2206 to 32-2217) shall affect the distribution of funds appropriated to the common schools under section 9, Acts 1937, pp. 882, 886, 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
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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. Sfate 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, building, and equipment. To better enable said State Board of Education to properly locate and carry on said State area schools provided in section 32-2218, said Board is hereby empowered and authorized to contract for and purchase real estate and building sites, to build, contruct 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 suppy 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 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 32-2223) 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 to 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 member of the military taking part in the present World War for remunerative employment. (Acts 1945, pp. 229, 231.)
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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 subjects, 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 XXIII
VOCATIONAL TRADE SCHOOL BUILDING
AUTHORITY
32-2201 a. Short title. This chapter may be cited as the "Vocational Trade School Building Authority Act." (Acts 1951, pp. 132, 133.)
32-2202a. Creation; members; officers; quorum; rules and regulations. There is hereby created a body corporate and politic to be known as the Vocational Trade School Building Autnority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five members, three of whom shall be the State Superintendent of Schools, the AttorneyGeneral of the State of Georgia, and the State Auditor. The remaining two members shall be appointed by the Governor, in such manner that the term of one member shall expire January 1, 1953, and the term of the other shall expire January 1, 1955. Their successors shall be appointed for terms of four years from the date of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired time. Immediately after such appointments the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and another as vice-chairman and a secretary and treasurer who need not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to
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exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. (Acts 1951, pp. 132, 133.)
32-2203a. Definitions. As used in this Chapter, the following words and terms shall have the following meanings:
(a) The word "Authority" shall mean the Vocational Trade School Building Authority created by Section 32-2202a.
(b) The word "project" shall be deemed to mean and include one or a combination of two or more of the following: Housing accommodations, buildings and facilities intended for use as classrooms, laboratories, libraries, dormitories, and instructional, administrative, and recreational facilities for students, faculty, officers, and employees of any institution or unit under the control of the State Board of Education, and all structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any unit which is a part of the vocational training facilities of the State.
(c) The word "unit" shall mean any institution, school, or academy at any particular location which forms a part of the vocational training facilities of the State.
(d) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charge, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Chapter for such project.
(e) The term "revenue bonds" shall mean "revenue certificates" as defined in the Revenue Certificate Law of Georgia. (Chapter 87-8).
(f) Any project or combination of projects shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues, rents or earnings to be derived by the Authority therefrom will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. (Acts 1951, pp. 132, 134.)
32-2204a. Powers. The Authority shall have powers:
(1) to have a seal and alter the same at pleasure;
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(2) to acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;
(3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Chapter, except from the funds provided under the authority of this Chapter, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Chapter upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; and if the Authority shall deem it expedient to construct any project on lands which are a part of the campus, grounds, or any other real estate holdings of a unit of the vocational training facilities of the State, the Governor is hereby authorized to execute for and on behalf of the State a lease upon such lands to the Authority for such parcel or parcels as shall be needed for a period not to exceed fifty years; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the sinking fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority;
(4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation;
(5) to make contracts, leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases, or agreements with the Authority upon such terms and ;or such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the State Board of Education for and on behalf of the vocational training units and institutions under its control and to the Authority to enter into contracts and lease agreement for the use of any structure, building or facilities of the Authority for a term not exceeding 50 years, and the State Board of Education, for and on behalf of any vocational training unit or institution or combination of units or institutions may obligate itself to pay an agreed sum for
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the use of such property so leased and also to obligate itself as part of the lease contract, to pay the cost of maintaining, repairing and operating the property so leased from the Authority.
(6) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;
(7) to accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;
(8) to borrow money for any of its corporate purposes and to issue negotiable bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(9) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(10) to do all things necessary or convenient to carry out the powers expressly given in this Chapter. (Acts 1951, pp. 132, 135.)
32-2205a. Revenue bonds, issuance; amount; interest; redemption before maturity. The Authority, or any authority or body which has or which may in the future suceed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed twelve million ($12,000,000) dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding four and one-half (4J^ %) per cent per annum, payable semi-annuaiiy, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. (Acts 1951, pp. 132, 138.)
32-22C6a. Same; form; denominations; registration; place of payment. The
Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or de-
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nominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (Acts 1951, pp. 132, 138.)
32-2207a. Same; signature; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. (Acts 1951, pp. 132, 139.)
32-2208a. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. (Acts 1951, pp. 132, 139.)
32-2209a. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests* of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than four and one-half 4VZ % per cent per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. (Acts 1951, pp. 132, 139.)
32-221 Oa. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project, and shall be disbursed upon requisition or order of the chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued
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for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds (Acts 1951, pp. 132, 140.)
32-221 la. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. (Acts 1951, pp. 132, 140.)
322212a. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (Acts 1951, pp. 132, 140.)
32-2213a. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Chapter. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution, providing for the issuance of revenue bonds under the provisions of this Chapter shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. (Acts 1951, pp. 132, 141.)
32-2214a. Credit of State not pledged.--Revenue bonds issued under the provisions of this Chapter shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substanially the foregoing provisions of this section; provided, however, such funds as may be received from State appropriations or from any other source are hereby declared to be available and may be used by the State Board of Education for the performance of any lease contract entered into by said board. (Acts
1951, pp. 132, 141.)
32-2215a. Same; trust indenture as security.-- In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign rents, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the
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maintenance, operation, repair and issuance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. (Acts 1951, pp. 132, 141.)
322216a. Same; to whom proceeds of bonds shall be paid.--The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Chapter and such resolution or trust indenture may provide. (Acts 1951, pp. 132, 142.)
32-2217a. Same; sinking fund. The revenues, rents, and earnings derived from any particular project or combined project or any and all funds from any source received by the State Board of Education and pledged and allocated by them to the Authority as security for the performance of any lease or leases or any and all revenues, rents and earnings received by the Authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest r- revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution
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or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. (Acts 1951, pp. 132, 143.)
32-2218a. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Chapter or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Chapter or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon any property of the State. (Acts 1951, pp. 132, 144.)
32-2219a. Same; refunding bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same shall be governed by the foregoing provisions of this Chapter insofar as the same may be applicable. (Acts 1951, pp. 132, 144.)
32-2220a. Same; bonds as legal investment; security for deposit. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. (Acts 1951, pp. 132, 144.)
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32-2221 a. Same; exemption from taxation; convenant of State. It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Chapter and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. (Acts 1951, pp. 132, 145.)
32-2222a. Same; venue and jurisdiction of action pertaining to bonds. Any action to protect or enforce any rights under the provisions of this Chapter shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Chapter shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. (Acts 1951, pp. 132, 145.)
322223a. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The petition for validation shall also make party defendant to such action any authority, subdivision, instrumentality or agency of the State of Georgia which has contracted with the Vocational Trade School Building Authority for the use of any building, structure or facilities for which bonds have been issued and sought to be validated and such authority, subdivision, instrumentality or agency shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined and the contract adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, and against the authority issuing the same, and any authority, subdivision, instrumentality or agency contracting with the Vocational Trade School Building Authority. (Acts 1951, pp. 132, 146.)
32-2224a. Same; interests of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers duties or existence of said Authority or of its officers, employees or agents or of the State Board of Education, or of any other State agency or department shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversly the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Chapter shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. (Acts 1951, pp. 132, 146.)
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32-2225a. Acceptance of funds and contributions from any source. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues, rents, and earnings derived under the provisions of this Chapter, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. (Acts 1951, pp. 132, 146.)
32-2226a. Moneys received considered trust funds. All moneys received pursuant to the authority to this Chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Chapter. (Acts 1951, pp. 132, 147.)
32-2227a. Revenues, rents, and earnings; use. The Authority is hereby authorized to fix rentals and other charges which the State Board of Education shall pay to the Authority for the use of each project or part thereof or combination of projects and to charge and collect the same and to lease and make contracts with political subdivisions, agencies, and with the State Board of Education, with respect to the use by any institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. (Acts 1951, pp. 132, 147.)
32-2228a. Rules and regulations for operation of projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project or combination of projects constructed under the provisions of this Chapter, including rules and regulations to insure maximum use or occupancy of each such project. (Acts 1951, pp. 132, 148.)
32-2229a. Powers declared supplemental and additional. The foregoing sections of this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now
existing. (Acts 1951, pp. 132, 148.)
32-2230a. Liberal construction of Chapter. This Chapter being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. (Acts 1951, pp. 132, 148.)
32-2231 a. Accounts. The accounts of the Vocational Trade School Building Authority herein created shall be kept as separate and distinct accounts by the State Board of Education, and shall be subject to audit by the Department of Audits of the State. (Acts 1951, pp. 132, 148.)
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PART XXIV
VOCATIONAL REHABILITATION OF DISABLED
PERSONS
32-2301. Definitions. As used in this Chapter: (a) "State Board" means the State Board of Education designated as the State Board of Vocational Education;
(b) "Division" means the Division of Vocational Rehabilitation established by this Chapter;
(c) "Executive officer" means the State School Superintendent designated as the executive officer of the State Board of Vocational Education;
(d) "Director" means the Director of Vocational Rehabilitation Division;
(e) "Employment handicap" means a physical or mental condition which constitutes, contributes to, or if not corrected will probably result in an impairment of occupational performance;
(f) "Disabled individual" means any person who has a substantial employment handicap;
(g) "Vocational rehabilitation" and "vocational rehabilitation services" means any service, provided directly or through public or private instrumentalities, found by the Director to be necessary to compensate an impaired individual for his employment handicap and to enable him to engage in a remunerative occupation, including, but not limited to, medical and vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational and business licenses, equipment, initial stocks and supplies, including live stock, capital advances, maintenance, and training books and materials;
(h) "Rehabilitation training" means all necessary training provided to an impaired individual to compensate for his employment handicap including, but not limited to, manual pre- conditioning, pre-vocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities;
(i) "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impaired individual's employment handicap within a reasonable length of time including, but not limited to, medical, psychiatric, dental, and surgical treatment, nursing service, hospital care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory conditions;
(j) "Prostheic appliance" means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ;
(k) "Occupational licenses" means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation;
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(1) "Maintenance" means money payment not exceeding the estimated cost of subsistence during the provision of vocational rehabilitation or rehabilitation services. It further includes amounts (in cash or in kind) to cover the cost, if any, of short periods of medical care for acute conditions arising during the provision of vocational rehabilitation or rehabilitation services.
(m) "Regulations" means regulations made by the director with the approval of the executive officer and State Board and promulgated in the manner prescribed by law.
(n) The term "Rehabilitation center" is a facility operated for the purpose of assisting in the rehabilitation of impaired persons, which provides one or more of the following types of services: (1) testing, fitting, or training in the use of prosthetic devices; (2) pre-vocational or conditioning therapy; (3) physical, corrective or occupational therapy; (4) adjustment training, or evaluation or control of special impairments; or, in which a coordinated approach is made to the physical, mental, and vocational evaluation of impaired persons and an integrated program of physical restoration and pre-vocational training is provided under competent professional supervision and direction.
(o) The term "workshop" means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing remuneration employment to severely impaired persons who cannot be absorbed in the competitive labor market.

(p) The term "blind person" means a person who had (1) not more than 20/200 central visual acuity in the better eye after correction; or (2) an equally disabling loss of the visual field. (Acts 1951, p. 516.)

32-2302. Establishment of Division of Vocational Rehabilitation; Director;

duties. There is hereby established in and under the supervision of the State

Board a Division of Vocational Rehabilitation. The Division shall be admin-

istered under the general supervision and direction of the executive officer,

by a director appointed by the executive officer, with the approval of the

>1

State Board in accordance with established personnel standards and on the

basis of his education, training, experience, and demonstrated ability in

the field of vocational rehabilitation. The Director shall devote his full time

to the administration of the vocational rehabilitation program. In carrying

out his duties under this Chapter, the Director,

(a) Shall, with the approval of the executive officer, prepare regulations for promulgation by the State Board governing personnel standards, the protection of records and confidential information, the manner and form of filing application, eligibility, and investigation and determination thereof, for vocational rehabilitation services, procedures for fair hearings and such other regulations as he finds necessary to carry out the purposes of this
Chapter;

(b) Shall, with the approval of the executive officer establish appropriate subordinate administrative units within the Division;

(c) Shall, recommend to the executive officer for appointment such personnel as he deems necessary for the efficient performance of the functions of the division;

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(d) Shall, prepare and submit to the State Board annual reports of activities and expenditures and, prior to each regular session of the legislature, estimates of sums required for carrying out this Act and estimates of the amounts to be made avaiable for this purpose from all sources;
(e) Shall, make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this Chapter;
(f) May, with the approval of the executive officer and the State Board, delegate to any officer or employee of the division such of his powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he finds necessary to carry out the purposes of this Chapter. (Acts 1951, pp. 516, 519.)
32-2303. Administration of services. The State Board, through the division, shall provide the services authorized by this Chapter to the physically or mentally impaired, including the blind citizens, determined to be eligible therefor, and in carrying out the purposes of this Chapter, the division is authorized, among other things;
(a) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this Chapter to impaired individuals, in studying the problems involved therein, and in establishing, developing, and providing, in conformity with the purposes of this Chapter, such programs, facilities, and services as may be necessary or desirable;
(b) To enter into reciprocal agreements with other States to provide for the services authorized by this Chapter to residents of the State concerned;
(c) To conduct research and compile statistics relating to the provision of services or the need of services by impaired individuals;
(d) To license blind individuals to operate vending stands under its supervision and control and subject to the terms and conditions in regulations issued pursuant to Section 32-2302 (a) on: (1) State property; (2) county or municipal property; (3) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act (20 U.S. Code 107b) (49 Stat. 1559) and any amendment thereto or any Act of Congress relating to this subject; (4) private property.
(e) To provide for the establishment, supervision and control of suitable business enterprises to be operated by the severely impaired individual. (Acts of 1951, pp. 516, 520.)
32-2304. Authority to establish rehabilitation centers. The Vocational Rehabilitation Division is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources and/or by appropriations of the General Assembly or by transfer of funds from other State Departments for the purpose of establishing and operating rehabilitation centers and workshops. (Acts 1951, pp. 516, 521.)
32-2305. Cooperation with Federal Government. The State Board, through the Division of Vocational Rehabilitation is hereby empowered and directed to cooperate pursuant to agreements with the Federal Government in
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carrying out the purposes of any Federal statutes pertaining to the purposes of this Chapter and is authorized to adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such Federal statutes and appropriations; to administer any legislation pursuant thereto enacted by the State of Georgia to direct the disbursement and administer the use of all funds provided by the Federal Government or this State for the vocational rehabilitation of impaired persons of this State and to do all things necessary to insure the vocational rehabilitation of impaired persons. (Acts of 1951, pp. 516, 521.)
32-2306. Receipt and disbursement of vocational rehabilitation funds. The State Treasurer is hereby designated as custodian of all moneys received from the Federal Government for the purpose of carrying out any Federal statutes pertaining to the purpose of this Chapter. The State Treasurer shall make disbursements from such funds and all State funds available for such purposes upon certification in the manner provided in Section 32-2302 (e) (Acts 1951, pp. 516, 522.)
32-2307. Appropriations. Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services, and for the administration of said program, shall be submitted by the Director to the executive officer of the State Board, and upon approval by the State Board, shall be included in the estimates made by the executive officer of the State Board to the Budget Board for the operation of the vocational rehabilitation program. In the event Federal funds are available to the State of Georgia for vocational rehabilitation purposes, the Division of Vocational Rehabilitation is authorized to comply with such requirements as may be necessary to obtain said Federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the State law and Constitution. In the event the National Congress fails in any year to appropriate funds for grants-inaid to the State for vocational rehabilitation purposes, the executive officer shall include as a part of his budget a request for adequate State funds for vocational rehabilitation purposes. (Acts 1951, pp. 516, 522.)
32-2308. Acceptance of gifts. The Director is hereby authorized and empowered, with the approval of the executive officer and the State Board of Education, to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this Chapter. Gifts made under such conditions as in the judgment of the State Board are proper and consistent with the provisions of this Chapter and may be so accepted and shall be held, invested, reinvested, and used in accordance with the condition of the gift. (Acts 1951, pp. 516, 522.)
32-2309. Eligibility for vocational rehabilitation. Vocational rehabilitation services shall be provided to any impaired individual; (1) who is a bona fide resident of the State at the time of filing his application therefor and whose vocational rehabilitation the Director determines after full investigation can be satisfactorily achieved; or (2) who is eligible therefor under the terms of an agreement with another State or with the Federal Government; provided, that, except as otherwise provided by law or as specified in
99

any agreement with the Federal Government with respect to classes oi individuals certified to the State Board thereunder, the following rehabilitation services shall be provided at public cost only to impaired individuals found to require financial assistance with respect thereto:
(a) Physical restoration;
(b) Transportation provided for other purposes than to determine the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary;
(c) Occupational and business licenses;
(d) Tools, equipment, initial stock and supplies including live stock and capital advances;
(e) Maintenance. (Acts 1951, pp. 516, 523.)
32-2310. Maintenance not assignable. The right of impaired individuals to maintenance under this Chapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors. (Acts 1951, pp. 516, 523.)
32-2311. Retention of title to and disposal of equipment. The Division is authorized to retain title to any property, tools, instruments, training supplies, equipment or other items of value acquired for use of handicapped persons and to repossess and transfer same for the use of other handicapped persons or employees. The Director, with the approval of the State Board, is authorized to offer for sale any surplus items acquired in the operation of the program when they are no longer necessary, or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged for same shall be taken from the purchases showing the consideration given for such equipment and forwarded to the Treasurer and any such funds received by the State Board pursuant to any such transactions shall be deposited in the State Treasury in the appropriate Federal or State rehabilitation funds and shall be available for expenditures for any purposes consistent with this Chapter (Acts 1951, pp. 516, 523.)
32-2312. Hearings on applications. Any individual applying for or receiving vocational rehabilitation, who is aggrieved by any action or inaction of the Division, shall be entitled, in accordance with regulations, to a hearing in accordance with the regulations adopted and promulgated by the State Board on that subject. (Acts 1951, pp. 516, 524.)
32-2313. Misuse of vocational rehabilitation lists and records. It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of, or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records. (Acts 1951, pp. 516, 524.)
32-2314. Limitation on political activity. Employees of the Division of Vocational Rehabilitation shall be governed by the prohibitions in the rules
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and regulations of the State Personnel Board and the Federal Civil Service Commission from participation in political activity. (Acts 1951, pp. 516, 524.)
32-2315. Saving clause;No rights to vest under Chapter. The legislature reserves the right to amend or repeal all or any part of this Chapter any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this Chapter, or by acts done pursuant thereto, shall exist subject to the power and the legislature to amend or repeal this Chapter at any time. (Acts 1951, pp. 516, 526.)
PART XXV
DIVISION OF VOCATIONAL EDUCATIONAL SERVICE
32-2301 a. Definitions. As used in this Chapter, the following words and terms shall have the following meanings:
(a) "State Board" means the State Board of Education, designated as the State Board for Vocational Education;
(b) "Division" means the Division of Vocational Education established by this Chapter;
(c) "Executive Officer" means the State Superintendent of Schools, who shall serve as the Executive Officer with duties as set forth in Section 32-2305a;
(d) "Director" means the Director of the Division of Vocational Education Service with duties as set forth in Section 32-2306a.
(e) "Federal Vocational Education Acts" means the Smith-Hughes Act (Public Law 347, 64th Congress), the George-Barden Act (Public Law 586, 74th Congress), and other Federal Acts pertaining to vocational education which have been or may be enacted, any amendments to present and future laws that have been or may be enacted;
(f) "Federal funds" means funds made available to the State under provisions of Federal vocational education Acts;
(g) "State funds" means funds appropriated by the General Assembly or allotted by the State Board acting in its capacity as State Board of Education or State Board for Vocational Education to be used for programs of vocational education that meet standards established by the State Board;
(h) "Vocational education" means any form of education of less than college grade, given in school or elsewhere, including training in agriculture, home economics, trades and industry, distributive occupations, business, commercial and vocational guidance and any other course as may be designated by the State Board of Education carried on in such a manner as to prepare individuals to pursue effectively a recognized profitable occupation, whether pursued for wages or otherwise, but does not include training in fine arts or other subjects of a general academic educational nature; nor vocational rehabilitation as provided for by the General Assembly of Georgia by Chapter 32-23. (Acts 1953, Nov. Sess., pp. 401,
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32-2302a. State Board for Vocational Education; designation. The State Board of Education is hereby designated as the State Board of Vocational Education and is directed and empowered to do all things necessary and proper to plan, develop and administer a sound and effective program of vocational education for this State. To this end the State Board shall recognize and preserve insofar as practicable its distinct responsibiltes for vocational education as distinguished from its activities in the field of general education. The State Board shall keep separate board minutes of its activities as the State Board for Vocational Education. (Acts 1953, Nov. Sess., pp. 401, 403.)
32-2303a. Same; Powers and duties. The State Board of Education, acting in its capacity as the State Board for Vocational Education, shall, among other things, exercise the following powers, duties and responsibilities:
(1) Deal with Federal and State agencies and officials on matters involving vocational education;
(2) Prepare, approve and submit to Federal authorities State plans and reports for vocational education as required by Federal laws;
(3) On the recommendation of the Executive Officer appoint necessary personnel to administer and carry out the program for vocational education;
(4) Approve budgets;
(5) Prescribe the duties of the Executive Officer and Director of Vocational Education in keeping with Sections 32-2305a and 32-2306a;
(6) Establish standards, in keeping with approved State plans, to be met and maintained by schools in order to receive State and Federal aid for vocational education;
(7) 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;
(8) Have control of all State-operated vocational schools now in operation or that may be established in the future and provide for the inspection of courses or training programs to determine if approved standards are being met;
(9) 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;
(10) Maintain an adequate and effective system of teacher training in each of the several phases of vocational education;
(11) Establish a program of State supervision of vocational education;
(12) Conduct studies and investigations for the purpose of promoting and improving vocational education;
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(13) Make reports to the Governor and General Assembly, at least biannually, dealing exclusively with the progress and needs of vocational education;
(14) Submit to the General Assembly and to the Budget Commission estimates of expenditures necessary for establishing and maintaining an adequate program of vocational education;
(15) Exercise every reasonable effort to establish adequate programs of vocational education wherever a justified need can be established; and
(16) Exercise other authority necessary to the maintenance of a sound and effective program of vocational education in the State as a regular and integral part of the total secondary school program. (Acts 1953, Nov. Sess., pp. 401, 403.)
32-2304a. Division of Vocational Education Service; Establishment. There is hereby created within the State Department of Education a division that shall be known as the Division of Vocational Education Service with a Director responsible directly to the Executive Officer and through him to the State Board. (Acts 1953, Nov. Sess., pp. 401, 405.)
322305a. Executive Officer of Vocational Education; duties. The State School Superintendent shall serve as Executive Officer. In addition to duties that may be designated by the State Board, he shall perform the following duties:
(1) Serve as secretary to the State Board for Vocational Education and keep appropriate minutes;
(2) Be responsible to the State Board for carrying out plans, policies and regulations approved by the State Board;
(3) Sign all checks expending state vocational funds and all vouchers authorizing the State Treasurer to expend Federal vocational funds; and
(4) Be resonsible for maintaining an approved bookkeeping system on all vocational funds and for making necessary financial and statistical reports to Federal authorities as required by Federal laws and regulations. (Acts 1953, Nov. Sess., pp. 401, 405.)
32-2306a. Director of Division of Vocational Education Service; duties. The State Board shall employ, upon the recommendation of the Executive Director, a Director of Vocational Educational Service who must have had at least five years of successful experience as a vocational educator in an approved program of vocational education, and be a graduate of an accredited college with a major in vocational education. The Director shall be responsible to the State Board through the Executive Officer. The Director shall be charged with the following duties:
(1) Submit names of qualified personnel for employment in the Vocational Division;
(2) Provide professional leadership for vocational education and direct the work of the staff of the vocational division in accordance with policies approved by the State Board;
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(3) Prepare the state plan for voctional education as required by Federal laws and regulations;
(4) Subject to the approval of the State Board, delegate authority to personnel of the Division of Vocational Education Service;
(5) With the approval of the State Board establish appropriate administrative subdivisions or branches of the Division of Vocational Education Service;
(6) Be responsible for the preparation of reports for Federal authorities and for the Governor and General Assembly as required by this Chapter and Federal laws; and
(7) Perform other reasonable duties. (Acts 1953, Nov. Sess., pp. 401, 405.)
322307a. Cooperation by State Board with Federal Government. The State Board is granted full power to represent the State in any and all matters with reference to the distribution and disbursement of all funds for vocational education received from the Federal Government and to appropriate, apportion and use said moneys in whatever way, in its discretion, best serves the vocational training needs of the State and in conformity with the spirit and intent of the Acts of Congress and the provisions of the approved State plan for vocational education. (Acts 1953, Nov. Sess., pp. 401, 406.)
32-2308a. Chapter 32-23 not repealed or modified. Nothing herein shall be construed as repealing, modifying, or amending Chapter 32-23. (Acts 1953, pp. 401, 407.)
PART XXVI
ILLITERACY, DUTIES OF STATE BOARD OF
EDUCATION
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 elimination of the State's adult illiteracy by means of education, instruction and enlightenment; and said Board shall be empowered to receive, accept, hold, own, distribute and expend, to the end of educating, instructing, enlightening and assisting in the education, instruction and 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
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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 which shall seem to it most systematic and satisfactory. (Acts 1919, p. 255; 1931, pp. 7, 40.)
SCHOOL 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 iliteracy within their respective counties. (Acts 1943, p. 355.)
PART XXVII
STATE LIBRARY COMMISSION AND PUBLIC LIBRARIES
Note: Code Sections 32-2601, 2602, and 2603 repealed Acts 1943, p. 385.
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
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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 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. Reports 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 pubMc 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 of said city on the warrant of said board of trustees of such public library elected by
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the city council of said city, and shall be paid out from time to time in the oayment 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. 90.)
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 purpose 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 th 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 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.
409, 1937, p. 715.)
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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 offico, 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 purpose 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 consituted 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 the 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 XXVIII
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 Georgia School for the Deaf, 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
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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, or

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

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case where provisions of any deed of gifts, or will, or other conveyance

hereinbefore referred to, require a trustee, and no trustee shall in any

contingency exist, said State Board 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 XXIX
SCHOOL BUILDING AUTHORITY FOR THE DEAF AND BLIND
32-2801 a. Short Title. This Chapter may be cited as the "State School Building Authority for the Deaf and Blind Act." (Acts 1951, p.p. 637,638.)
32-2802a. Creation; members; officers; quorum; rules and regulations. There is hereby created a body corporate and politic to be known as the State School Building Authority for the Deaf and Blind, which shall be
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deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of three members to be appointed by the Governor, each of whom shall be a resident of the State of Georgia at the time of his appointment. Provided, however, that at no time shall any members of the Authority during his incumbency as such member, be a member of the State Board of Education. The original appointments shall be made in such manner that the term of one member shall expire on July 1, 1951, the term of another member shall expire on July 1, 1953, and the term of the remaining member shall expire on July 1, 1955. Their successors shall be appointed for terms of four years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and another as vice-chairman and shall also elect a secretary and treasurer who may not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. Said Authority shall have perpetual existence. (Acts 1951, pp. 637, 638.)
32-2803a. Definitions. As used in this Chapter, the following words and terms shall have the following meanings:
(a) The word "Authority" shall mean the State School Building Authority for the Deaf and Blind created by Section 32-2802a.
(b) The word "project" shall be deemed to include buildings and facilities intended for use as school buildings, classrooms, laboratories, dormitories and housing accommodations for the use of deaf or blind students and for officers and employees of any institution for the deaf or blind under the control of the State Board of Education, and all utilities and other facilities deemed by the Authority necessary or convenient for the efficient operation of any such school building, classroom, laboratory, dormitory, or housing accommodation.
(c) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired the cost of all machinery and equipment, financing charges, interest prioi to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, adminstrative expenses, and
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such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense heretofore incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and shall be paid or reimbursed out of the proceeds of revenue bonds issued under the provisions of this Chapter for such project.
(d) Any project shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project. (Acts 1951, pp. 637, 639)
32-2804a. Powers. The Authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire, hold and dispose of personal property for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Chapter except from the funds provided under the authority of this Chapter, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Chapter upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; and if the Authority shall deem it expedient to construct any project on lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State Treasurer for the credit of the sinking fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority;
(4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation;
(5) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all departments or agencies of the State are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they deem advisable;
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(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage self-liquidating projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such project to be paid solely from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof:
(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the. United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;
(8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
(9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(10) To do all things necessary or convenient to carry out the powers expressly given in this Chapter. (Acts 1951, pp. 637, 640.)
322805a. Revenue bonds; issuance; amount; interest; redemption before maturity. The Authority shall have power and is hereby authority at one timt or from time to time to provide by resolution for the issuance of negotiable revenue bonds, but in no event to exceed the total sum of three million dollars, of the Authority for the purpose of paying all or any part of the cost hereinabove defined, of any one or more projects at any institution for the deaf or blind, under the control of the State Board of Education. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding four and one-quarter per cent per annum, payable semi annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. (Acts 1951, pp. 637, 642.)
32-2806a. Same; form denomination; place of payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. (Acts 1951, pp. 637, 643.)
32-2807a. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any
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coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereof and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such person as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. (Acts 1951, pp, 637, 643.)
32-2808a. Same; negotiability; exemption. All revenue bonds issued under the provisions of this Chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. (Acts 1951, pp. 637, 643.)
32-2809a. Same; sale; price. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority,but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than four and one-quarter per cent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. (Acts 1951, pp. 637, 644.)
32-281 Oa. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. (Acts 1951, pp. 637, 644.)
32-2811 a. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds,
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with or without coupons exchangeable for definitive bonds upon the issuance of the latter. (Acts 1951, pp. 637, 644.)
32-2812a. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bond which shall have become mutilated or be destroyed or lost. (Acts 1951, pp. 637, 644.)
32-2813a. Same; conditions precedent to issuance: object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Chapter. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects at any one institution. Any resolution providing for the issuance of revenue bonds under the provisions of this Chapter shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. (Acts 1951, pp. 637, 645.)
32-23814a. Same; Credit of State not pledged. Revenue bonds issued under the provisions of this Chaper shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund hereinafter provided thereof from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Neither the State nor the Authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provision of this section. (Acts 1951, pp. 637, 645.)
322815a. Same; Trust funds; To Whom Proceeds of bonds shall be paid. All money received pursant to the authority of this Chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Chapter. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Chapter and such resolution or trust indenture may provide. (Acts 1951, pp. 637, 645.)
32-2816a. Same; Trust indenture as security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the
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bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be isued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as part of the cost of maintenance, operation and repair of the project or projects affected by such indenture. (Acts 1951, pp. 637, 646.)
32-2817a. Same; Revenues and earnings. The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same and to lease and to make contracts with any agency or department of the State with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. (Acts 1951, pp. 637, 647.)
32-2818a. Same; sinking fund. The revenues and earnings derived from the project or projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with
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the payment of, (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. (Acts 1951, pp. 637, 647.)
32-2819a. Same; Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Chapter, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the right herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Chapter or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the State. (Acts 1951, pp. 637, 648.)
32-2820a. Same; refunding bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Chapter in so far as the same may be applicable. (Acts 1951, pp. 637, 649.)
32-2821 a. Same; Bonds as legal investments security for deposit. The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on
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a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. (Acts 1951, pp. 637. 649.)

322822a. Same; publication of notice of issuance; action pertaining to bonds; Venue; jurisdictions limitations. Upon the passage of a resolution providing for the issuance of revenue bonds under the provisions of this Chapter, the Authority may, in its discretion, cause to be published once in each of two consecutive weeks in at least two newspapers published and having a general circulatioon in the City of Atlanta, a notice in substantially the following form (the blank being first properly filled in):

"The State School Building Authority for the Deaf and Blind, on the

day of

, 19 , passed a resolution providing for the issuance of

$

revenue bonds of the Authority for the purpose of financing the

construction of

, such revenue bonds being payable solely from

the revenues of such project.

Any action or proceeding questioning the validity of said resolution or said revenue bonds must be commenced within twenty days after the first publication of this notice.

Chairman of the State School Building Authority for the Deaf and Blind."

Any action or proceeding in any court to set aside a resolution providing

for the issuance of revenue bonds under the provisions of this Chapter or to

contest the validity of any such revenue bonds or of the trust indenture, if

any, to the same, must be commenced within twenty days after the first pub-

lication of the above mentioned notice. After the expiration of such period

of limitation, no right of action or defense founded upon the invalidity

of the resolution or the trust indenture, if any, or of the revenue bonds, shall be asserted, nor shall the validity of such resolution, trust indenture

M-I

or bonds be open to question in any court upon any ground whatever,

except in an action or proceeding commenced within such period.

Any such action and any action to protect or enforce any rights under

the provisions of this Chapter shall be brought in the Fulton Superior Court,

which shall have exclusive original jurisdiction of such actions. (Acts 1951,

pp. 637, 650.)

322823a. Same; Powers of Authority not impaired; interest or bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents or of the State Board of Education or of any other State agency or department shall not be diminshed or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, departments, agency or authority will be created

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which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Chapter shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. (Acts 1951, pp. 637, 651.)
322824a. Same; exemption of property of Authority from taxation; covenant of State. It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Chapter and this State covenants with holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. (Acts 1951, pp. 637, 650.)
322825a. Acceptance of funds and contributions from any source. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under the provisions of this Chapter, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. (Acts 1951, pp. 637, 649.)
32-2826a. Rules and regulations for projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Chapter, including rules and regulations to insure maximum occupancy of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from all persons served thereby or from those responsible for their support or their guardians, trustees, or other legal representatives. (Acts 1951, pp. 637, 648.)
322827a. Liberal Construction of Chapter. This Chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. (Acts 1951, pp. 637, 652.)
322828a. Powers declared additional and supplemental. The foregoing sections of this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. (Acts 1951, pp. 637, 652.)
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32-2829a. Accounts and legal services. The accounts of the State School Building Authority for the Deaf and Blind herein created shall be kept by the Department of Audits of the State and such legal services as may be required shall be rendered by the Attorney General or an assistant Attorney General designated by the Governor for that purpose. (Acts 1951, pp. 637,
652.)

PART XXX

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.

(2) "Board of Trustees" shall mean the Board of Trustees as provided for in section 32-2907 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

1

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 a clerical capacity, or in the supervision of the public schools, or any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching or supervisory or clerical capacity, or any bona fide teacher or supervisor of teachers or clerical employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employee employed and paid by the Board of Regents of the University System of Georgia, and all 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 Educational Association and any full-time employee thereof, or the Georgia High School Association and any full-time employee thereof, or the Georgia Teacher Education Association and any full-time employee thereof, or the Georgia School Boards 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

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no contributions on account of such employee. The word "teacher" shall not be deemed to include any emergency or temporary employee. (Acts 1943, pp. 640, 641; 1949, p. 1505; 1950, p. 261; 1953, Nov. Sess., p. 470.)
(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 saving 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 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. (Acts 1943, pp. 640, 641; 1950, pp. 261, 262.)
(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 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 allows nee" shall mean the sum of the annuity ai' the pension, or any optional benefit payable in lieu thereof as provided in section 32-2905, subsection (8). All retirement allowance 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.
(19) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this Chapter.
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(20) "Annuity revenue" 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, compute 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 calender 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; 1949, p. 1505; 1950, pp. 261, 262.)
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 to 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 fund 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 member may thereafter apply for and be admitted to membership, but without credit for service rendered prior service credit: After July 1, 1943, and prior to the time be 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 Chapter became effective,
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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 instutions.
(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. If any member has a break in service of two years, such member may be reinstated to membership if he shall pay a sum equal to 12 V2 per cent, of his salary for his last year of service for each year, or fraction of a year, after such two-year break in service, if the total break in service does not exceed four years, and provided such sum is paid within six months after the return to service of such member, or within six month after passage of this amendment. All interest credits shall cease after such break in service of two years, but shall begin again on the date of the payment of the sum provided for above. Notwithstanding the foregoing, the board of trustees may continue the membership of a member while in the armed forces of the United State 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. The membership of any teacher shall not be terminated during any period of absence made necessary by the adoption of a child or children by said teacher. All members whose membership prior hereto has terminated due to such cause are hereby declared to be reinstated and entitled to all the prior service credits and other rights as though this law were in effect at the date of such withdrawal from service. 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. A leave of absence shall be limited to not more than three years for each child adopted. Anything in this Chapter to the contrary notwithstanding the provisions of this subsection with reference to break in service, reinstatement of membership and payment of funds into the retirement system shall apply to any member who has retired and has lost prior service credits prior to the enactment of the law approved February 27, 1953, and each such retirant shall be allowed the prior service credits under conditions set forth in this subsection and the retirement allowance shall be adjusted in accordance therewith. (Acts 1943, pp. 640, 645; 1947, p. 1494; 1952, p. 254; 1953, pp. 270, 271; 1953, Nov. Sess., p. 394.)
32-2903.1. Eligibility to membership of teachers receiving retirement pay from Regents of University System. Teachers in the University System of
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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.)
32-2903.2. Authority of Regents to supplement allowances. The Board of Regents is hereby authorized to establish pension and retirement allowances to supplement the allowances provided for teachers under this Chapter. (Acts 1949, p. 1196.)
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 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, or has taught one year between January 1, 1945, and January 1, 1948, and has 15 years service previous 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 member 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 accumulations" as defined in subsection (3) of this section. 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 compenstion 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
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resulted in the same average final compensation on July, 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; 1947, p. 872; 1953, Nov. Sess., 390, 391.)
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 35 years of service, or 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, 1952. However, in exceptional instances, where any county or independent board of education may deem it necessary for the efficient operation of its school system, it may, in its discretion, allow teacher members of the retirement system in its respective school system to remain in service for a period not to exceed three years from the date such teacher member of the retirement system attains the age of 70 years, and such teacher member of the system upon reaching the age of 73 shall be retired forthwith on service retirement allowance under the provisions of this Chapter: Provided, however, that the provisions of this subsection relating to retention in service until age 73 do not apply to retirement of teachers in the University of Georgia System.
(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 of retirement, but not to exceed an annuity allowable at age 65 computed on the basis of contributions made prior to age 65.
(c) If he has a prior service certificate in full force and effect an additional pension equal to the annuity which would have been provided at age of retirement, but not to exceed an annuity which would have been provided
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at age 65 by three times the amount of his prior service accumulations as heretofore defined, with regular interest thereon from time to time in effect from the date of establishment until the date of his retirement, but not to exceed the attainment age of 65. In the case of those who have retired and who are receiving retirement benefits based upon their prior service credits under this Chapter upon the commencement date for these amendments, the board shall revise the benefits such persons are thereafter entitled to receive by recalculating as of the date of their retirement the additional pension provided by the Chapter as amended, so that so much of the pension based upon prior service accumulations as is thereafter paid to such beneficiaries shall be equal to the annuity which would have been provided at the age of their retirement (but not exceeding age 65) by three times the amount of the prior service accumulations of such persons, with regular interest thereon to the date of their retirement as herein provided; but for the purpose of calulating such increased pension, payments based on prior service credits to be thereafter paid to such persons, such persons shall be deemed to have already received such increased pension benefits as provided by the Chapter as amended from the date of their retirement to the commencement date for these amendments. Benefits payable by reason of optional elections under the Chapter to persons other than retired members, but based upon the prior service credits of such members who have retired upon the commencement date for these amendments, shall also be adjusted in accordance with the directions hereof.
(3) Disability retirement benefit, (a )Any member in service, upon death, shall be entitled to an allowance in accordance with the provisions set forth in subsection (4) of this section.
(b) Any member in service may be retired by the Board of Trustees on a disability allowance upon written application to the Board of Trustees made by such member or his employer, not less than 30 davs or mnw thatj 90 days, subsequent to the execution and filing thereof provided such member has 15 or more years of service, and provided the medical board, after a medical examination of such member, shall certify that he is mentally or physically incapacitated for further performance of duty, and that such incapacity is likely to be permanent and that he should be retired.
(4) Allowance on disability retirement or death. In accordance with subsection (3) of this section, upon disability retirement, or death, a member shall receive the equivalent of a service retirement allowance if he has attained age 60, or has 35 years of service, otherwise he shall receive a disability allowance, or death allowance, which shall consist of:
(a) Not less than 15 years service, 75 per centum of the service retirement allowance which would have been payable upon service retirement at age 60 had he continued in service to age 60 without further change in compensation.
(b) Not less than 22 years service, the service retirement allowance which would have been payable upon service retirement at age 60 had he continued in service to age 60 without further change in compensation.
(c) Not less than 30 years services, 75 per centum of the service retirement allowance which would have been payable upon service retirement at age 65 had he continued in service without further change in compensation.
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(d) In the application of the above relating to death allowances, computation shall be made on the same basis as though Option 2 as provided in subsection (8) of this section had been in effect: Provided, upon death of the member there is a named living beneficiary; otherwise the total amount of the member's contributions to the date of his death shall be payable to his estate.
(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 three-year 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 as 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 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
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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 his 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 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.
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 disability benfits 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; 1950, p. 32; 261, 262; 1953, pp. 238, 239; 373, 374; 1953, Nov. Sess., pp. 114-116.)
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
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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 of 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 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 to transact 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.)
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32-2912. Same; chairman; secretary; employees and their compensation. The Board of Trustees shall elect from its membership a chairman and shall alect 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 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 conclusions 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 fiveyear 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 3V2 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.)
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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 shall 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 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 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 fhe 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:
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(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 65 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 througout 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 per centum of the annual compensation upon the basis of which such deductions are to be made. Each employer shall immediately pay to the Board of Trustees, in such manner as the Board shall prescribe, the amounts deducted which shall be credited by the Board to the individual accounts in the annuity savings fund of the members from whose compensation the deductions were made.(Acts 1943, pp. 640, 657; 1950, pp. 261, 264.)

(b) The deductions provided for herein shall be made notwithstanding

that the minimum compensation provided for by law for any member shall

1

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 annunity 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 prospective retirement allowance, will provide for him a total retirement allowance of not more than one-half of his average final compensation at retirement, but not exceeding age 65. Such additional amount 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. (Acts 1947, p. 1155,; 1950, pp. 261, 265.)

(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 of 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 accumul-

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ated 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.
(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 ot 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
132


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 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
133

develops in the reserves held in the annuuy reserve fund or the pension reserve fund as shown by actuarial valuation.
(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 mininum 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 valution 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 or 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 teacher's 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 set forth in section (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 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 as the "commencement date", the Board of Trustees shall notify 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 con-
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tributions 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.)
(8) Collection from teachers and remittance 1o Board of Trustees. 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 section 32-2901, to deduct and collect from each teacher's salary the amount provided in this section, and to make monthly remittance thereof to the Board of Trustees created by this Chapter. Each employer of teachers shall likewise make employers contribution as required by this section and shall make monthly remittance thereof to the Board of Trustees along with teachers contributions (Acts 1947, p. 1155.)
(9)Penalty for failing to collect and remit contributions. Should any employer of a teacher as defined by section 32-2901 fail to make collections from teachers and to contribute as required by this Chapter and fail to make monthly remittance of the amounts as required by subsection (8), 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 subsection (8) by making remittance of the sums of contributions required of teachers and employers by this Chapter. (Acts 1947, p, 1155.)
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 benfits 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 the 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 contributions 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.
135

(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 teach sr 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 Ihe 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 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.
f3) 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 liabi'ities 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 Ressrve 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 made 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 to all teachers, such balance shall be paid by the managing board of the local retirement fund to the employer. Upon
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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 01 the date of such dissolution, and shall be entitled to prior service 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.)
(8) Any teacher who, at the time this paragraph becomes law, is employed by an employer operating a local retirement fund and any teacher who is employed by such an employer subsequent to the time this paragraph becomes law, may elect to become a contributing member of the teachers' retirement system of Georgia only, however if such employer authorizes the teacher so employed become such a member. If such a teacher does so elect and becomes a contributing member, the credits which he has accumulated prior to the date he becomes such member shall be credited to his account with the teachers' retirement system of Georgia as a contributing member. Any teacher who is a contributing member of the teachers' retirement system of Georgia and who is employed by an employer operating a local retirement fund subsequent to the time this paragraph becomes law may elect to continue as a contributing member of the teachers' retirement system of Georgia upon authorization of such employer. No employer who operates a local retirement fund shall make the authorization specified in this paragraph if the authorization conflicts with the statutes setting up such local retirement system. Once a teacher has elected to become and becomes a contributing member of the teachers' retirement system of Georgia or continues as a contributing member of the teachers' retirement system of Georgia under the provisions of this paragraph, he shall not then be allowed to return to membership in the local retirement fund. Any teacher who becomes a contributing member or continues as a contributing member of the teachers' retirement system of Georgia, as provided in this paragraph, shall be subject to the provisions of this Chapter, as amended, as are other teachers who are contributing members of the teachers' retirement system of Georgia and the employer of any such teacher shall be subject to the provisions of this Chapter, as amended, as are other employers. (Acts 1953, Nov. Sess., p. 341.)
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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 Trustes 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, 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: Provided, however, that nothing in this law shall prevent the governing boards of the public school systems of the State and the Board of Regents of the University System of Georgia from making provision for supplementing the retirement and pension allowances of the teachers and other employees of the respective boards who are covered by the terms of the Georgia teachers retirement system. (Acts 1943, pp. 640, 669; 1949, p. 1197.)
32-2927. Effective date of Chapter. Time for beinning of contributions; commencement date of amendments. The Chapter shall become effective upon its appproval 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. The amendments to this Chapter (32-2901; 32-2905; 32-2921) made by the Act approved February 16, 1950, shall become effective on that date, but such Act shall not become operative as to any of its provisions prior to the commencement date of such amendments, which is hereby fixed and defined as July 1, 1950. The
138
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Board, however, is authorized to postpone the commencement date if it finds that placing these amendments in operation on that date may detrimentally affect the acturial soundness of the retirement system. Such date, however, if so postponed, shall be fixed by the Board at as soon a time thereafter as the Board determines to be feasible; and the Board shall notify all employers and members of the postponed commencement date when it has been determined. (Acts 1943, pp. 640, 669; 1950, pp. 261, 265.)
32-2928. Establishment of pension and retirement allowances out of local funds. The governing boards of public school systems of the State of Georgia are hereby authorized to establish pension and retirement allowances out of local funds to supplement the allowances provided for teachers by this Chapter. (Acts 1949, pp. 1183, 1184.)
32-2929. Transfer of credits from Employees Retirement System to Teachers Retirement System. Any member of the Employees Retirement System of Georgia who becomes an employee subject to the provisions of the Teachers' Retirement System of Georgia may exercise the privilege of transferring his service credits as a member of the Employees Retirement System of Georgia to the credit of his membership in the Teachers Retirement System, provided he files with the board of trustees of the Teachers' Retirement System an application of his election to transfer such service credits within 90 days after he becomes a member of such system. (Acts 1951, p. 481.)

PART XXXI

COMMISSIONS

M

32-3101. Establishment of Commission; purpose and functions. The Georgia Commission on Education is hereby established. Said commission shall formulate a plan or plans of legislation, prepare drafts of suggested laws, and recommend courses of action for consideration by the General Assembly whereby the State may by taxation continue to provide adequate education for all its citizens consistent with the provisions of the Constitution of the United States and the Constitution of the State of Georgia. (Acts 1953, Nov. Sess., pp. 64, 65.)

32-3102. Membership of Commission. Said commission shall be composed of the Governor, Lieutenant-Governor, Speaker of the House of Representatives, State Auditor, the Attorney General, Chairman of the Board of Regents, Chairman of the State Board of Education, State School Superintendent, Chancellor of the University System of Georgia, Chairman of the Judicial Council; a representative from the Georgia Bar Association, and, representative of the State both geographically and in all segments of her economy, ten other citizens to be appointed by the Governor, one from each congressional district of the State. (Acts 1953, Nov. Sess., pp. 64, 65.)

32-3103. Governor as chairman; vice chairman; subcommittees; quorum. The Governor shall be chairman of said commission and shall designate another member of the commission as vice-chairman. Said commission shall perfect its organization conformable to the provisions of this Chapter and may appoint subcomittees. Seven members of the commission shall constitute a quorum for the transaction of any business of the commission. (Acts 1953, Nov. Sess., pp. 64, 65.)

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32-3104. Submission of findings to General Assembly. Said commission shall submit its findings and proposed plan of legislation with its accompanying draft of suggested laws and its comments thereon, to any extraordinary session of this General Assembly which may be hereafter held, and if no such session be held, then to the meeting of the General Assembly to convene on the second Monday in January, 1955. (Acts 1953, Nov. Sess., pp. 64, 66.)
32-3105. Publication of findings; copies to members of General Assembly. Said commission is hereby directed to cause its findings, proposed plan of legislation, accompanying drafts of suggested laws, and its comments thereon, to be printed and distributed to the members of the General Assembly and to the press not less than thirty days prior to the meeting of the General Assembly to convene on the second Monday in January 1955, and in the event of an extraordinary session, as great a number of days as feasible prior to the convening of such extraordinary session. (Acts 1953, Nov. Sess., pp. 64, 66.)
32-3106. Inquiry into constitutional provisions; suggestions from interested persons; reports of findings and recommendations. Said commission is directed to inquire into the educational structure of the State, and all pertinent provisions of the Constitution and statutes of the State, as well as the Constitution and laws of the United States; to receive suggestions and statements from interested persons; and to make such other investigation and inquiry as will in its judgment assist in the discharge of the duties confided to it. Said commission is authorized from time to time to print and distribute reports of its findings and recommendations. (Acts 1953 Nov. Sess., pp. 64, 66.)
32-3107. Quarters for Commission; technical assistance, counsel and employee. The chairman of said commission is authorized to assign quarters and to employ such help, technical assistants and legal counsel to aid the commission in the performance of its duties as he may deem proper, and to fix their compensation. (Acts 1953, Nov. Sess., pp. 64, 66.)
32-3108. Compensation of commission; per diem and allowances. The members of said commission shall receive the same compensation and allowances for each day they are in attendance at the meetings of the commission as are received by members of the General Assembly for each day's attendance upon a session of the General Assembly, plus any other compensation, per diem, allowance or reimbursement that is now provided by law for members of the General Assembly. (Acts 1953, Nov. Sess., pp. 64, 66.)
32-3109. Funds for operation. Such funds as are necessary to effectuate the purposes of this resolution shall be made available by the Bureau of the Budget from moneys appropriated for the operation of the General Assembly and from such other funds as the Bureau of the Budget may from time to time transfer to said commission. (Acts 1953, Nov. Sess., pp. 64, 67.)
32-3110. Continuation of existence. The duties and authority of said commission shall be continuing until terminated by law. (Acts 1953, Nov. Sess., pp. 64, 67.)
32-3111. Drafts of School laws to General Assembly. Said commission is directed to submit to each session of the Gensral Assembly hereafter held
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and until such time as said commission shall be terminnated as provided in Section 32-3110, drafts of suggested laws with reference to education for the consideration of the General Assembly, together with comments of the commission thereon: and the same shall be printed and distributed at each such session to the members of the General Assembly, and to the public and the press. (Acts 1955, pp. 395, 396.)
32-3112. Informative bulletins and periodicals. Said commission, as authorized by the chairman, may from time to time print and distribute to the members of the General Assembly, and to the public and the press, such bulletins and periodicals as may be prepared under the direction of said commission and deemed informative of legal and factual situations which may from time to time develop in this and other States in respect of education; and as directed by the Chairman said commission may cooperate with other States in printing and distributing such bulletins and periodicals. (Acts 1955, pp. 395, 396.)

PART XXXI!
CRIMES

Note: Code Section 32-9906 repealed acts 1945, pp. 343, 348.

32-9901. Gifts to school officials by publishers. Any person violating the

provisions of section 32-416, in regard to gifts or remmuneration 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,

Mif

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 32-416 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. (Acts 1937, pp. 864, 868.)

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. op. 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 section 32-801 to 32-812, relating to furnishing books other than uniform textbooks, etc., on conviction thereof shall he 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 mis-
demeanor. (Acts 1919, p. 310.)

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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 bisection 26-3901. (Acts 1919, p. 355.)
32-9907. Violation of sections 32-1022 to 32-1024 concerning teachers' oath. Any person violating the provisions of sections 32-1022, 32-1023 rfr 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 to 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 imprisoment not exceeding 12 months, or both, such fine and imprisoment to be at the discretion of the court. (Acts 1943, pp. 640, 668.)
32-9913. Compulsory school attendance law; violating ru!es of Sta!^ 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 of the State Board
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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 proceeding in court to enforce the provisions of said Chapter. (Acts 1945, pp. 343, 347.)
32-9915. 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 offical 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 knowing 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.)
32-9916. Separation of races; penalties for violation of Chapter 32-21 b. Any offical of this State, or of any county, city or school district, system or unit, or any other person, who shall offend against any provision of Chapter 32-21b, which provides for separation of races in the public schools, or aid or abet therein, or be in any wise therein, concerned, shall be guilty of felony, and, upon conviction thereof, shall be confined in the penitentiary for a period of not less nor more than two years; and it shall be the duty of the Attorney-General to conduct the prosection. (Acts 1955, pp. 174, 175. 176.)
PART XXXIII
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,
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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 il 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 shall be 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. All documentary evidence, or certfied 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 thirty 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 tor hearing on an appeal the Board will consider the record and from the record certified by the County School Superintendent will review 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 judgement 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 true. 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 or 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 thirty 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 filling in the office of the superintendent and to transmit the same to the State Board of Education.
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