1?THinra^^TM!^^^Wfl^^!W^^^^^^^TM^w^^^ fa 1v if i4 TABLE OF CONTENTS PART I PROVISIONS OF THE CONSTITUTION RELATING TO COMMON SCHOOLS. Subject Code Section System of common schools State Board of Education State Schools Superintendent County Board of Education County School Superintendent Independent Systems Meeting of Board of Education Contracts Protection of School Systems State Board may accept gifts County Boards and Independent Systems may accept gifts Taxation by counties for education Grants for education Scholarships for propective teachers Exemption from Taxation Taxation, how and what purposes exercised Teacher Retirement System, taxation for Purposes for which debt may be contracted Taxing power of counties Taxing power restricted Contracts by State Debts of counties and cities Levy of taxes to pay bonds Additional debt authorized, when Temporary loans authorized, conditions Court of Ordinary Freedom of Conscience Religious Opinions Appropriations to churches forbidden 2-6401 2-6501 2-6601 2-6801 2-6901 2-7001 2-7101 2-7201 2-7301 2-7401 2-7402 2-7501 2-7502 2-5402 2-5404 2-5501 2-5502 2-5601 2-5701 2-5801 2-5901 2-6001 2-6002 2-6003 2-6004 2-4102 2-112 2-113 2-114 Page 1 1 2 2 2 3 3 3 3 3 3 3 4 5 5 7 8 8 8 9 9 10 11 11 11 12 12 12 12 PART II THE PUBLIC SCHOOL SYSTEM State Board created Terms of office Vacancies Eligibility for membership Oath Meetings Per diem Rules and Regulations Estimates of funds needed Control of employees Funds for maintenance of Department 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 educate person over 18 years old Effect of partial invalidity of Section 32-417 32-401 13 32-402 13 32-403 13 32-404 13 32-405 13 32 406 14 32-407 14 32-408 14 32-409 14 32-410 14 32-411 14 32-411.1 14 32-412 15 32-413 15 32-414 15 32-415 16 32-416 16 32-417 16 32-418 16 IV mmt Subject Code Section Federal funds for schoolhouses Power of Board to adopt building standards Power to inspect buildings Effect of partial invalidity of Section 32-419 to 422 Transportation of pupils Establishment of minimum salary State Board to prescribe minimum 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 research 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 and blind children 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 32-434 32-435 32-436 32-437 32-438 32-439 32-440 32-441 PART III STATE SUPERINTENDENT OF SCHOOLS Election and duties of State Superintendent Qualifications Bond and oath Secretary of State Board of Education Duties Duty to visit counties Duty in cases of misapplication of school funds Annual Reports Preparation of text civics Salary Reports from county superintendents 32-501 32-502 32-503 32-504 32-505 32-506 32-507 32-508 32-509 32-511 32-515 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 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 32-601 32-602 32-603 32-604 32-605 32-606 32-607 32-608 32-609 32-610 32-611 32-612 32-613 32-614 32-615 32-616 32-617 Page 17 17 17 17 17 18 18 18 18 18 18 19 19 19 19 19 19 '20 20 20 20 21 21 21 21 21 22 22 22 22 22 23 23 23 23 23 23 23 24 24 24 25 25 25 26 27 28 29 29 30 30 I <& ij ty ( Subject 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 32-618 30 32-619 31 32-620 31 32-621 31 32-622 32 32-623 32 32-624 32 32-625 32 32-626 32 32-626.1 33 32-627 33 32-628 33 32-629 33 32-629.1 33 32-630 33 32-631 33 32-632 33 32-633 34 32-634 34 PART V TEXTBOOKS IN PUBLIC SCHOOLS. Addition to State course or study Instruction in Constitutions Board to prescribe textbooks Selection and purchase of free textbooks Committee 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 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 32-705 34 32-706 35 32-707 35 32-708 35 32-709 35 32-710 35 32-711 35 32-712 36 32-713 36 32-714 36 32-715 36 32-716 36 32-717 36 32-718 36 32-719 36 32-720 37 32-721 37 32-722 37 32-723 37 32-724 37 PART VI MISCELLANEOUS PROVISIONS Expenditure of public funds for nonsegregated schools prohibited Budgets to provide for lapse of expenditures Personal liability of official paying out public funds for nonsegregated schools Law applicable to all public schools Closing of public schools by Governor; educational grants Amount of grants Children deemed to be of school age Additional amounts for grants 32-801 38 32-802 38 32-803 38 32-804 39 32-805 39 32-806 39 32-807 40 32-808 40 VI Subject Leases of school property Applicability of law Certificate of State Fire Marshal Mentally retarded children Code Section 32-809 32-810 32-811 32-812 Page 40 40 40 41 PART VII COUNTY BOARDS OF EDUCATION School districts 32-901 41 Membership of county boards 32-902 42 Selection of Board members 32-902.1 42 Qualifications of members 32-903 42 Compensation of members 32-904 42 Certificate of election 32-905 42 Resignation 32-906 43 Officers of county boards 32-907 43 Sessions 32-908 43 School term 32-909 43 Powers of county boards as a court 32-910 44 Vaccination of pupils 32-911 45 Organization, powers and duties 32-912 45 Reports by teachers 32-914 46 Consolidation of schools 32-915 46 Statement by county superintendents 32-920 46 Power to borrow money 32-921 47 Resolution authorizing loan 32-922 47 Term of loan 32-923 47 Interest 32-924 47 Reports to grand juries 32-925 47 Notes for money borrowed 32-926 47 How money used 32-927 47 Expenditures in excess of appropriation 32-928 48 Warrants in anticipation of revenue 32-929 48 Sale of warrants 32-930 48 Manual labor schools 32-931 48 Evening or part time schools 32-932 48 High schools 32-933 48 Industrial education in public schools 32-934 48 School fund 32-935 49 Free tuition 32-937 49 County line schools 32-938 49 Failure to arrange for schools 32-940 50 Liability for and distribution of funds 32-941 50 School fund to be kept separate 32-942 50 School property exempt from levy and sale 32-943 50 Extension work in schools 32-944 50 Annual budget filed with State Board 32-945 51 Sale of supplies or equipment 32-949 51 Effect of partial unconstitutionality 32-950 51 Power to condemm property 32-951 51 Same; procedure 32-952 51 Authorised purchases by local boards 32-953 51 Reorganization of schools 32-954 51 PART VIII COUNTY SUPERINTENDENT OF SCHOOLS Coun+v superintendent substituted for county school commissioner Election and term of superintendent Vacancies, how filled Qualifications of county superintendents 32-1001 52 32-1002 52 32-1003 52 32-1004 53 vn 1 \4* \ if h i4 ^MMM^BB Subject Bond Compensation Oath Removal from office Duties of County School Superintendent Examination of teachers Seal on teachers' license Superintendent's office in courthouse Who may administer oaths Reports Local county and municipal systems Grading; teachers' license Revocation of teachers' licenses Duties of teachers Vocational studies Teachers' oath Form of oath Teachers not to be employed unless oath taken Code Section 32-1005 32-1006 32-1007 32-1008 32-1009 32-1010 32-1011 32-1012 32-1013 32-1014 32-1017 32-1018 32-1019 32-1020 32-1021 32-1022 32-1023 32-1024 Page 53 53 54 54 54 55 55 55 55 55 55 56 56 56 56 56 56 57 PART IX 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 Returns of corporate property Other provisions made applicable All books and records turned over to county board Power to levy and collect taxes 32-1101 57 32-1104 57 32-1105 57 32-1106 58 32-1107 58 32-1109 58 32-1111 59 32-1113 59 32-1116 59 32-1117 59 32-1118 59 32-1123 60 32-1127 60 PART X MERGER OF INDEPENDENT SCHOOL SYSTEMS. Dissolution of independent school districts Proceedings after election Territory included formerly in independent systems 32-1201 60 32-1202 60 32-1203 61 PART XI PAYMENT OF TEACHERS. Governor's authority to make debt Authority to use allocated funds Limit of authority Sick leave PART XII BUILDING SCHOOLHOUSES. County boards power to build schoolhouses, etc Duties of county board in connection with bond funds County bonded indebtedness for schoolhouses Division of county into districts 32-1301 61 32-1302 61 32-1303 62 32-1304 62 32-1401 62 32-1402 62 32-1403 63 32-1403.1 64 VIII Subject Same; declaration of intent 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 Advisibility 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 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 exchange, 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 Code Section Page 32-1403.2 65 32-1404 65 32-1405 65 32-1406 65 32-1407 65 32-1408 65 32-1409 66 32-1410 66 32-1411 66 32-1412 66 32-1413 66 32-1414 66 32-1415 67 32-1416 67 32-1417 67 32-1418 67 32-1419 67 32-1420 67 32-1421 68 32-1422 68 32-1423 68 32-1424 68 32-1425 68 32-1426 68 32-1427 68 32-1428 69 32-1429 69 32-1430 69 32-1431 69 32-1432 69 32-1433 69 32-1434 70 32-1435 70 32-1436 70 32-1437 70 32-1438 70 32-1439 71 32-1440 71 32-1441 71 32-1442 71 PART XIII STATE SCHOOL BUILDING AUTHORITY Title Creation Definitions Powers Revenue bonds Form, etc Signature and seal Negotiability and exemption Sale and price Proceeds of bonds Interim of receipts Replacement Conditions and object Credit of State Trust indenture To whom paidSinking fund 32-1401a 71 32-1402a 71 32-1403a 72 32-1404a 72 32-1405a 75 32-1406a 75 32-1407a 75 32-1408a 75 32-1409a 75 32-1410a 76 32-1411a 76 32-1412a 76 32-1413a 76 32-1414a 76 32-1415a 77 32-1416a 78 32-1417a 78 IX v I \ 1V J h d Li wmmm mmm ^mmmmm^mmim Subject Remedies of bondholders Refunding bonds Legal investments and security Exemption from taxation Venue and Jurisdiction Validation Interest of bondholders protected Grants and gifts Monies as trust funds Revenues, rents and earnings Contracts Rules and regulations Powers supplemental Instruction of Chapter Transfer of functions to Transfer of functions to Code Section Page 32-1418a 79 32-1419a 79 32-1420a 79 32-1421a 80 321422a 80 32-1423a 80 32-1424a 80 32-1425a 81 32-1426a 81 32-1427a 81 32-1428a 81 32-1429a 82 32-1430a 82 32-1431a 82 32-1432a 82 32-1433a 82 PART XIV SCHOOL YEAR, SCHOLASTIC MONTH, AND SPECIAL DAYS School year Scholastic month Observance of special days Temperance day designated 32-1501 83 32-1502 83 32-1503 83 32-1504 83 PART XV ENUMERATION OF SCHOOL CHILDREN School census New census 32-1601 83 32-1603 84 PART XVI INSTRUCTION IN ANIMALS, BIRD, AND FISH LIFE. Purposes of Chapter Public school instructions in bird life etc. Certification by teachers 32-1701 84 32-1702 84 32-1703 84 PART XVII HEALTH Health regulations by couties, etc Quarantine 32-1801 84 32-1802 85 PART XVIII PHYSICAL EDUCATION AND TRAINING Course prescribed Courses at normal schools Special teachers 32-1901 85 32-1902 86 32-1903 86 PART XIX FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST. Fire escapes Inspection of school buildings Safety requirements Defects in heating installation Fire escapes for educational building and dormitories Funds for cost of fire escapes 32-2001 86 32-2002 86 32-2003 86 32-2004 87 32-2005 87 32-2006 87 PART XX Subject COMPULSORY SCHOOL ATTENDANCE Code Section 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 Suspension by Governor Effect of discontinuance of operation 32-2104 32-2105 32-2106 32-2107 32-2108 32-2109 32-2110 32-2111 32-2112 32-2113 32-2114 32-2115 32-2116 32-2117 32-2118 PART XXI Page 87 87 88 88 88 88 89 89 89 89 89 90 90 90 90 SPECIAL COURSES, CLASSES OR SCHOOLS FOR CORRECTING SPEECH OF DEAF CHILDREN. Local units may established special classes Authority of State Board of Education Funds for teachers Authority of units to extend term Effect on existing school laws 32-2101a 91 32-2102a 91 32-2103a 91 32-2104a 92 32-2105a 92 PART XXII VOCATIONAL EDUCATION. Acceptance of Federal funds Duties of State as to vocational education Custodian of funds Extension work agents Purpose of section 32-2206 to 32-2217 Definition of local units Apportionment of funds Provisions not mandatory 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 and regulations Employment of teachers Supplementary to laws 32-2201 92 32-2202 92 32-2203 93 32-2205 93 32-2206 93 32-2207 93 32-2208 93 32-2210 93 32-2213 94 32-2214 94 32-2215 94 32-2216 94 32-2217 94 32-2218 94 32-2219 94 32-2220 95 32-2221 95 32-2222 95 32-2223 95 PART XXIII VOCATIONAL TRADE SCHOOL BUILDING AUTHORITY (Transferred to State School Building Authority) PART XXIV VOCATIONAL REHABILITATION OF DISABLED PERSONS. Definitions ....*. Establishment of division Administration XI 32-2301 96 32-2302 97 32-2303 98 1 < '^ Lfl? 10 i \\ iMH^Hi I^H^HHl Subject 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 Vending stands or machines on State property Business sites Vending stand, meaning Subrogation of board Code Section 32-2304 32-2305 32-2306 32-2307 32-2308 32-2309 32-2310 32-2311 32-2312 32-2313 32-2314 32-2315 32-2316 32-2317 32-2318 32-2319 Page 98 99 99 99 99 99 100 100 100 100 101 101 101 101 102 102 PART XXV DIVISION OF VOCATIONAL EDUCATION SERVICE Definitions State Board Powers and duties Establishment of division Executive officer Director Cooperation with Federal Goverment Chapter not repealed or modified 32-2301a 102 32-2302a 103 32-2303a 103 32-2304a 104 32-2305a 104 32-2306a 104 32-2307a 105 32-2308a 105 PART XXVI ILLITERACY, DUTIES OF STATE BOARD Duties of State Board Rules and Regulations Schools Expenses Power of County Board 32-2401 105 32-2402 106 32-2501 106 32-2502 106 32-2503 106 PART XXVII SCHOOL LIBRARY COMMISSION AND PUBLIC LIBRARIES State Library Commission abolished Duties of State Board Gifts Funds How libraries maintained Disbursements Donations Duties of Trustees Powers of the city Libraries outside municipalities Library Board Supervision of libraries 32-2604 106 32-2605 107 32-2606 107 32-2607 107 32-2701 107 32-2702 107 32-2703 108 32-2704 108 32-2705 108 32-2706 108 32-2707 109 32-2708 109 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 109 32-2802 109 32-2803 110 32-2804 110 32-2805 110 XII BM PART XXIX SCHOOL BUILDING AUTHORITY FOR THE DEAF AND BLIND (Transferred to State School Building Authority) PART XXX TEACHERS RETIREMENT SYSTEM. Subject Code Section Page Definitions Name, powers and privileges of system Membership Eligibility to membership Authority 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 Minimum Benefits with 35 years service Rights Under Local plans 32-2901 111 32-2902 113 32-2903 114 32-2903.1 115 32-2903.2 115 32-2904 115 32-2905 117 32-2906 121 32-2907 121 32-2908 121 32-2909 121 32-2910 122 32-2911 122 32-2912 122 32-2913 122 32-2914 122 32-2915 122 32-2916 122 32-2917 123 32-2918 123 32-2919 123 32-2920 123 32-2921 124 32-2922 128 32-2923 131 32-2924 131 32-2925 131 32-2926 131 32-2927 132 32-2928 132 32-2929 132 32-2930 132 32-2931 133 PART XXXI COMMISSIONS Establishment Membership Chairman and Vice chairman Submission of findings Publication of findings Inquiry Quarters Compensation Funds for operation Continuation of existence Drafts of school laws Informative bulletins Hearings and Investigations Employment of Investigators 32-3101 133 32-3102 133 32-3103 133 32-3104 134 32-3105 134 32-3106 134 32-3107 134 32-3108 134 32-3109 134 32-3110 134 32-3111 134 32-3112 135 32-3113 135 32-3114 136 XIII 1 13. L* l4 h 1$ ImH mmmmmmmm PART XXXII Subject CRIMES Gifts to school officials Officers, etc Penalty for violation of Chapter 32-7 Punishment for furishing 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 Illegal expenditures of grants Illegal operation of private schools Failure of witness to appear 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 32-9917 32-9918 32-9919 Page 136 136 136 136 137 137 137 137 137 137 137 137 138 138 138 138 138 139 PART XXXIII NOMINATIONS FOR OFFICE FILLED BY GRAND JURY APPOINTMENT Manner Advertisement, cost, nominations, etc Transmission of list to grand jury, selection 59-318 139 59-319 139 59-320 139 PART XXXIV FLAGS Pledge of allegiance to State Flag State flag to be displayed 86-1205 139 86-1206 139 PART XXXV POLITICAL SUBDIVISIONS: EMPLOYEES SOCIAL SECURITY LAW Declaration of policy of Chapter Definitions Federal-State agreement Coverage of employees Contribution fund Rules and regulations Studies and reports Expenses Referenda and certification Employees' Social Security Coverage Group Chapter as sole method of obtaining coverage 99-2101 140 99-2102 140 99-2103 141 99-2104 143 99-2105 145 99-2106 146 99-2107 146 99-2108 146 99-2109 146 99-2110 146 99-2111 147 PART XXXVI SUGGESTED PROCEDURE IN CASES OF APPEAL TO THE STATE BOARD Suggested procedure in appeal to State Board 147 Procedure for certification and record where county superintendent is qualified and fails to act 149 XIV m 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 VIII 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 cause 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 T h r% J h i4 Ml 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; election, term, etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of said Board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. (Code 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, subparagraph 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 1. Meetings of Board of 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.) Note: Tipton v Speer, 211 Ga. 886. A contract providing that a joint county high school program shall be subject to approval of both the county and city boards of education was held to be void for the reason that the Constitution (Code 2-6801) states that the control and management of county schools shall be confined to the county board of education. 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 Constitution. (Code 2-7301.) Note: Nickles v County Board of Education of Richmond County, 203 Ga. 755; Board of Education v State Board, 190 Ga. 581. The above provision is not a prohibition 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 property, 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. T r% r 1 \i Li r\ L^ ^IIHHH 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 recommending 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 voted 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 the whole State shall be exercised by General Assembly for educational purposes and others. Article VII, Section II, Paragraph I (Code 2-5501). The General Assembly has power to delegate to counties right to levy tax for educational purposes. Article VII, Section IV, Paragraph I (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 VII, 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 Constitution, 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.) ARTICLE VII SECTION Paragraph II. Scholarships for prospective teachers. The State Board of Education shall have the authority to grant to citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, and include the further provision that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event. The General Assembly shall have the authority to appropriate such funds to the State Board of Education as it deems wise and proper to carry out the purpose of this provision. It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose. (Code 2-5402.) Paragraph IV. Exemption from taxation. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; provided, further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain, provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption T r% in i mmmm shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production. All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value. The Homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2000.00 of its value, is hereby exempted from all ad valorem taxation for State, county and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities. All cooperative, nonprofit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, as defined in subsection I of section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for such purpose, are hereby exempted from all taxation, State, county, municipal, school district and political or territorial subdivisions of the State having the authority to levy taxes. The exemption herein provided for shall expire December 31, 1961. There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent, of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary. The legislature may exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan if such trust is exempt from Federal income tax under section 165(a) of the Federal Internal Revenue Code. Existing laws exempting such property from taxation are hereby ratified. All laws exempting property from taxation, other than the property herein enumerated, shall be void. (Code 2-5404.) 6 Hi SECTION II Paragraph I. Taxation, how and for what purposes exercised. The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only: 1. For the support of the State Government and the public institutions. 2. For educational purposes. 3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor. 4. To suppress insurrection, to repel invasion, and defend the State in time of war. 5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried. 6. To construct and maintain State buildings and a system of State highways, airports and docks. 7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder for such purposes. 7-A. In order to extend to the employees of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependent and survivors of such employees, the basic protection accorded others by the old age and survivors insurance program embodied under the Social Security Act (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited as the "Social Security Act," as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in Subchapter A of Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time to time be amended), the General Assembly is authorized to enact such legislation as may be necessary to insure the coverage to employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act as the same has been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act as the same has been or may hereafter be amended in the manner as provided therein and as provided by the General Assembly. The Teacher Retirement System of Georgia and the Employees Retirement System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of this provision of the State Constitution together with such further powers and duties as may be hereafter provided by law. % 13? h [^ ----p----1 8. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia. 9. For public health purposes. (Code 2-5501.) Paragraph II. Teacher retirement system, taxation for. The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder. (Code 2-5502.) SECTION III Paragraph I. Purpose 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 debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the sum of three million, five hundred thousand dollars for the payment of the public school teachers of the State only. The principal amount borrowed for payment of teachers shall be repaid each year out of the common school appropriation, and the interest paid thereon shall be paid each year out of the general funds of the State. (Code 2-5601.) SECTION IV Paragraph I. Taxing power of counties. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except: 1. To pay the expenses of administration of the county government. 2. To pay the principal and interest of any debt of the county and to provide a sinking fund therefor. 3. For educational purposes upon property located outside of independent school systems, as provided in Article VIII of this Constitution. 4. To build and repair the public buildings and bridges. 5. To pay the expenses of courts, the maintenance and support of prisoners and to pay sheriffs and coroners and for litigation. 6. To build and maintain a system of county roads. 7. For public health purposes in said county, and for the collection and preservation of records of vital statistics. 8. To pay county police. m^mmmmmm ' 9. To support paupers. 10. To pay county agricultural and home demonstration agents. 11. To provide for payment of old age assistance to aged persons in need, and for the payment of assistance to needy blind, and to dependent children and other welfare benefits, provided that no person shall be entitled to the assistance herein authorized who does not qualify for such assistance in every respect, in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder; provided no indebtedness or liability against the county shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder for such purposes. 12. To provide for fire protection of forest lands and for the further conservation of natural resources. 13. To provide medical or other care, and hospitalization, for the indigent sick people of the county. 14. To acquire, improve and maintain airports, public parks, and public libraries. 15. To provide for workmen's compensation and retirement or pension funds for officers and employees. 16. To provide reasonable reserves for public improvements as may be fixed by law. (Code 2-5701.) SECTION V Paragraph I. Taxing power and contributions of counties, cities and political divisions restricted. The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits. (Code 2-5801.) 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 period 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 ^^^mmmmmmmm mmm city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions 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, munici- pality or county for the benefit of residents of such subdivisions, pro- vided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corpora- I* tion or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority 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 Ft for the cost of acquisition, construction, modernization or repairs of necessary 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, cons- truction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes autho- rized by the Constitution of this State or revenues derived from any other sources. (Code 2-5901.) SECTION VII ii Paragraph I. Debts of counties and cifies. The debt hereafter incurred by any county, municipal corporation or political division cf this State except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for I a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an elec- tion for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or en- acted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political divisions made prior to January 1, 1945, shall not be affected here":;'; provided, that any county or municipality of this State may accept and use funds granted by l the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, 10 designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years. (Code 2-6001.) Note: Miles v State of Georgia, 96 Ga. App. 610. The assets or indebtedness due a municipality cannot be deducted from its bonded indebtedness and taken into consideration in computing its total bonded indebtedness under the above constitutional provision limiting such bonded indebtedness to seven per cent of the taxable property within the municipality. Paragraph II. Levy of taxes to pay bonds. Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness. (Code 2-6002.) Paragraph III. Additional debt authorized, when. In addition to the debt authorized in Paragraph I of this section, to be created by any county, municipal corporation or political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein, upon the following conditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, municipality or political subdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt; there shall be levied by the governing authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a tax upon all of the taxable property within such county, municipality or political subdivision collectible annually, sufficient to pay in full the principal and interest of such additional debt when as due; such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness. (Code 2-6003.) Paragraph IV. Temporary loans authorized; conditions. In addition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the State authorized to levy taxes, and county board of education, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon 11 the following conditions: The aggregate amount of all such loans of such county, municipality, political subdivision or county board of education outstanding at any one time shall not execeed 75 per cent, of the total gross income of such county, municipality, political subdivision or county board of education, from taxes collected by such county, municipality, political subdivision or county board of education in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county, city, political subdivision or county board of education, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality, subdivision or county board of education shall incur in any one calendar year, an aggregate of such temporary loans and other contracts or obligations for current expenses, in excess of the total anticipated revenue of such county, municipality, subdivision, or county board of education for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. (Code 2-6004.) 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. Religious opinions; liberty of conscience. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. (Code 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. v4 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. questionnaire. Ga. Laws 1953, Nov. Dec. Sess., p. 73. 12 PART II THE PUBLIC SCHOOL SYSTEM f 32-401. Board created; members; appointment. The State Board of Education, hereby created, shall be composed of one member from each congressional district of 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 of 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 13 r% Chapter. They shall meet at the State capitol in the Department of Education, or at such place in the capitol, as may be designated by the Governor for that purpose. They shall elect one of their members as chairman, and shall fix the term of office of the chairman. (Acts 1937, pp. 864, 865.) 32-406 Meetings. The Board shall meet quarterly in regular session, at such time as they may by regulation provide, and may hold additional meetings at the call of the chairman: Provided, that upon the written request of a majority of the members of the Board, the State Superintendent of Schools shall call a meeting at any time. (Acts 1937, pp. 864, 865.) 32-407. Per diem and mileage of members. 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; courses of study; curriculum revision; administration of school funds. The State Board of Education shall provide rules and regulations for the supervision of all H 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 administra- tion; provide for curriculum revisions and for the classification and certifi- cation of teachers. They shall make such rules and regulations as may be necessary for the operation of the common schools and for the administra- tion of the common school fund. (Acts 1937, pp. 864, 866.) 32-409. Estimate of funds needed. The Board shall prepare and submit to the Governor and General Assembly of the State of Georgia an estimate of the funds necessary for the operation of the State public school system. (Acts 1937, pp. 864, 866.) 32-410. Control of employees. The Board shall have general supervision of the State Department of Education and shall employ and dismiss, upon the recommendation of the State Superintendent of Schools, such clerical employees, supervisors, administrators, and other employees as may be necessary for the efficient operation of the common school system (Acts 1937, pp. 864, 866.) 32-411. Set aside funds for maintenance of Department. The Board shall set aside the necessary funds for the maintenance of the office of the State ^ Department of Education and the State Superintendent of Schools, the amount and sufficiency of said funds to be in the discretion of the State Board of Education, said funds to be disbursed by the State Superintendent of Schools in the payment of salaries and travel expense of employees; for printing, communication, equipment, repairs and other expenses incidental to the operation of the State Department of Education. (Acts 1937, pp 864 866.) 32-411.1. Elementary and high school grades. For the purpose of opera- tion 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 i^ grades shall embrace eight through 12, inclusive, and no other. (Acts 1947 pp. 668, 669.) 14 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 32-419, and shall perform all the duties now required by law of said State Board of Education as now constituted. (Acts 1937, pp. 864, 867.) 32-413. Acceptance of funds appropriated by Congress; meeting terms of grants; title of 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 to the State of Georgia as contemplated under the terms and provisions of any such grant for educational purposes; no funds shall be used to meet any past or future grant to the State but shall be available only for any present grant now available. Anything contained in Acts 1937, p. 882 to the contrary notwithstanding, nothing herein shall be construed to alter, diminish, effect or impair the authority vested in said State Board of Education under the provisions of section 14 of said Act, 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 15 any county or city board of education, and its decisions in all such matters v\ shall be final and conclusive. Appeals to the Board must be made in writing through the county superintendents of schools, or the secretary of the Official Board of Independent Systems, and must distinctly set forth the question of law, as well as the facts in the case. The Board shall provide by regulation for notice to the opposite party and for hearing on the appeal. (Acts 1937, pp. 864, 867.) Note: See appendix for suggested procedure in case of appeals. 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 require- ments 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. H pay an drjd^ the f ai -lue ^ ^^ or incumbrance; and if the Authority snau any project on lands which are subject t he nto*** e P ^ ^ system of the State or of any county ooara ependent district or dependent districts or systems, as the case may be a lease up to the Authority for such parcel or pare a ff^^ the Authority not to exceed 50 years, at a nominal *^1 *^Jy other lands, the shall deem it expedient to construct any Pjojec on y ^ ^^ title to which shall then be in the St ate ofGeongia t authorized to convey, for and m^ behaf of ttj Sta, Utle^ ^ ^ ^ to the Authority upon payment t^te^ ^ ^ ^ value general fund of the State or me i" he Governor to be determined by three "WTM -rs ^ Authority shall deem and the chairman of the Authority mrtne , whkh it expedient to construct any project r any other ends gub. ?aU n Se^tS'^SSS o" such colnty, municipality division of the btate, me piuy ^nthnriyed to convey, for and in or governmental subdivision are, hereby %^* ^^ title to behalf of such ^unty municipaMy or governme ^^ rf such lands to the Authority, upon PJ^^^^ of the reason- the county, municipality, or other govern th appraisers of the Authority, torneys, and fix their compensation; 73 (5) To make contracts, leases and to execute all instruments necessary H 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, depart- ments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the county ZZ^l *dutcat\TM' ty boards of education or governing bodies of in dependent districts or systems for and on behalf of the units and institu- tions within their respective counties, cities, or districts, and to the Authority to enter into contracts and lease agreements for the use of any fnrvCtUre' bS!n