Georgia school laws [1966]

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LAWS
STATE DEPARTMENT OF EDUCATION 1966

JACK P. NIX STATE SUPERINTENDENT OF SCHOOLS LEGAL COUNSEL ARTHUR K. BOLTON ATTORNEY GENERAL
"H

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GEORGIA SCHOOL LAWS
STATE DEPARTMENT OF EDUCATION 1966

STATE OFFICE BUILDING ATLANTA ,GEORGIA 30334

mHiaiitti

INTRODUCTION BY
JACK P. NIX
i1
the LTt^^tf1:^. Gergia' " iS ^^ * I- to know

Department of EdSatL and Wal th ^V* EducatiTM. the State laengdislaatuivtheoraicttys. graSTo ZX S proSvisoionSs Tof ttlh^e CCon<2stitS utionP0W anedr

SLIMES* w-^^~

I M you wil, find ad. book useful in operating a. schooIs.

December, 1966 Atlanta, Georgia

Jack P. Nix State Superintendent of Schools

I^HHH

TABLE OF CONTENTS

PARTI

PROVISIONS OF THE CONSTITUTION RELATING TO COMMON SCHOOLS

Subject

Code Section

System of common schools

2-6401

State Board of Education State School Superintendent _

2-6501 2-6601

County Board of Education --

2-6801

County School Superintendent

2-6901

Independent Systems

2-7001

Meeting of Board of Education

2-7101

Contracts Protection of School Systems __

2-7201 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

Freedom from Compulsory Association

2-7503

Scholarships for prospective teachers

_

2-5402

Exemption from Taxation

2-5404

Taxation, how and what purposes exercised

2-5501

Teacher Retirement System, taxation for

-- 2-5502

Purposes for which debt may be contracted

2-5601

Taxing power of counties

2-5701

Taxing power restricted

-- 2-5801

Contracts by State Counties Authorized to Purchase Liability Insurance

2-5901 2-5902

Debts of counties and cities Levy of taxes to pay bonds Additional debt authorized, when _ Temporary loans authorized, conditions

. 2-6001 . 2-6002 . 2-6003 . 2-6004

Court of Ordinary Freedom of Conscience Religious Opinions .-- Appropriations to churches forbidden

. 2-4102 . 2-112 . 2-113 . 2-114

Page
1 1 2 2 3 3 3 3 3 4 4 4 5 5 5 6 8 9 9 10 11 11 13 14 15 15 15 16 16 16 16

PART II

I

THE PUBLIC SCHOOL SYSTEM

State Board created Terms of office --Vacancies Eligibility for membership Oath
m

32-401 32-402 32-403 32-404
LIBRARIES
OF GEORG^

mmmm***

Subject

/Co.dje,S.e.c.tion

Meetings

Per diem

_

Rules and Regulations

32-408

Educational Television School grades

32 408 1 32-4111

Powers of old Board

32-412

Acceptance Federal Funds

32-413

Agency to receive funds for E.T.V.

Requirements for colleges

.

Certain gifts forbidden

32-413 1 32 415 32-416

State Board may receive Federal funds, educate

person over 18 years old

32-417

Effect of partial invalidity of Section 32-417 1 Federal funds for schoolhouses

32-418 32-419

Power of Board to adopt building standards Power to inspect buildings

' 32.420 32-421

Effect to partial invalidity of Section 32419 to 422

Transportation of pupils

Establishment of minimum salary

-

32-422 32-423 32-424

State Board to prescribe minimum standards __ Power of county boards to buy Vehicles
Power of county boards to contract Financial interest of State and county authorities Prohibited

_ 32-425 32-426 32-427
32428

Liability insurance on school buses Premiums

_

32 429

________ 32-430

Insurance covering general public

Nonassessment by Mutual Companies _ _

Custody of Policies

]~Z

_

32-431

qo 4-39

__ 32-433

Use of funds for research

_

32-434

Snubjei ct

matter
.

of

research

Employment of research specialists

_

0,,--.4,3c5
32 436

Curriculum materials and methods of instruction _ _ 32-437

Inspection Committees

_

32 438

Committee Meetings Travel of Members

__

" ~~ ".,,,, ~ 3JJJJ

Out-of-State education of deaf, mute and blind children _ 32-441

Leases By State Department

33.442

Page
18 18 18 18 19 19 19 20 20 20
21 21 21 21 21 21 22 22 22 22 23
23 23 23 23 23 24 24 24 24 25 25 25 25 25 26

PART III

STATE SUPERINTENDENT OF SCHOOLS

I

Election and duties of State Superintendent Qualifications Bond and oath
Secretary of State Board of Education Duties
Duty to visit counties

32-501

26

32-502

26

32-503

26

32-504

27

32-505

27

32-506

27

IV

-f--

Subject
Duty in cases of misapplication of school funds Annual Reports Preparation of text civics Salary Reports from county superintendents

Code Section
32-507 32-508 32-509 32-510 32-515

Page
27 27 28 28 28

PART IV

MINIMUM FOUNDATION PROGRAM

Short Title Establishment of Funds, Purpose Powers and duties of State Board

32-601

28

32-602

28

32-603

29

Powers and duties of State Superintendent School year and school month

32-604

29

32-605

29

Local Units, Eligibility to receive funds -- Local Units, Employment of Personnel Certification of Professional Personnel

32-606

29

32-607

30

32-608

30

Schedule of Minimum Salaries Calculated Cost of Program _ Allotment of Teachers Allotment of certificated personnel

32-609

31

32-610

31

32-611

32

32-612

33

Funds for Maintenance, Operation and sick leave expense 32-613

33

Funds for textbooks Funds for consumable materials Funds for library books and non-consumables

32-614

33

32-615

34

32-616

34

Isolated Schools, additional allotment

32-617

34

Funds for pupil transportation

32-618

35

Funds for travel expenses of school personnel

32-619

36

Special programs of education

32-620

37

Local share of Educational T.V. expense

32-621

37

Calculation of local financial ability Additional allotments Same: Capital outlay funds Same: Public libraries .. Summer school programs

32-622

37

32-623

40

32-624

40

32-625

42

:

32-626

42

Year-round operation of schools

--

32-627

43

Contingency fund; encouragement of consolidations

32-628

43

Allotment for school lunch program Funds for Vocational Education Vocational Education, State Policy

32-629

43

. 32-630

44

. 32-631

44

Vocational Education, Federal and State Funds

. 32-632

44

Funds for vocational-technical schools --

. 32-633

44

Funds for vocational rehabilitation

. 32S34

44

Funds for education of deaf and blind Funds for edcation in correctional institutions _

. 32-635

45

. 32-636

45

Extensions of school year -- Budgeting and accounting system established

. 32-637

45

. 32-638

45

Uniform records and accounts

. 32-639

46

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Subject

_. Code Section

Information to local units Budget preparation by local units Budget approval by local board State approval of local budget Financial review

^^ ~

Withholding of state funds for failure to7r^ide~ local funds

State Bids on standard supplies

Distribution of state funds

__

Initial and Mid-term adjustments on

32-640 32-641 32-642 32-643 32-644
32-645 32-646 32-647

Allotment of school personnel and funds

Reduction of State allotment for inadequate appropriation Pupils attending schools of adjacent local units __ Student honors program

Educational research

State Agency for surplus property



Power of State Board to reorganize Department

32-648 32-649 32-650 32-651 32-652 32-653

of Education Use of Georgia products Withholding of state funds for violation

32-654 32-655

of school laws or regulations of State Board Administration pursuant to budget laws

32-656 32-657

Page
46 47 48 48 49
50 50 51
52 53 53 53 54 54
54 54
54 55

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 I 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 textbooto" 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
VI

. 32-705

55

. 32-706

56

32-707

56

32-709

56

32-709

56

32-710

56

32-711

57

32-712

57

32-713

57

32-714

57

32-715

57

32-716

57

32-717

58

32-718

58

32-719

58

32-720

58

32-721

58

32-722

58

32-723

58

32-724

59

PART VI

MISCELLANEOUS PROVISIONS

Subject

Code Section Page

Election to Suspend Operation

32-801

Call of Election, Ballots

32-802

Suspension of Schools

32-803

State Funds to Continue

32-804

Election to Reopen Schools

32-805

Successive Elections

32-806

Compulsory Attendance Suspended

32-807

Local School System Defined

32-808

Leases of school property

--

32-809

Applicability of law

32-810

Certificate of State Fire Marshal

32-811

Mentally retarded children

32-812

Grants for education

32-813

Same: definitions

32-814

Same: eligibility

32-815

Same: amount of grant

32-816

Same: determination of need for grant

32-817

Same: administration by State Board

32-818

Same: application, hearing and appeals

32-819

Same: recipient not under minimum foundation program 32-819.1

Same: estimate of budgetary requirement

32-819.2

Same: use of local funds

32-819.3

Bonds of school principals

32-820

Accounting forms for school principals

32-821

Quarterly reports of school principals

32-822

Bonds of principals governed by Chapter 89-4

32-823

Financial assistance where parents work for State

-- . 32-825

Inapplicability to school systems established prior to Constitution of 1877
Same: Information furnished to State Board Same: determination of average per pupil amount
Same: allotment of funds Same: verification of information Same: State Board regulations Same: funds to be in addition to other funds
Sick leave for school bus drivers Pay for substitute bus drivers

. 32-824 . 32-826 . 32-827 . 32-828 -- _ 32-829 . 32-830 . 32-831 . 32-832 . 32-833

School bus drivers not required to pay for a substitute driver
Corporal punishment, authorized Same: method of administering -- Same: legal immunity of teacher

_ 32-834 _ 32835 _ 32-836 _ 32-837

Education of children in custody of State

Departments by State Board

32-

Georgia Education Improvement Council

32-

Same: purpose

32-

59 59 60 60 60 60 61 61 61 61 61 61 62 62 62 62 63 63 64 64
64 65 65 65 66 66 66
66 66 66 67 67 67 67 67 68
68 68 68 68
68 69

vn

**mm

PART VII

COUNTY BOARDS OF EDUCATION

Subject
School districts Membership of county boards Selection of Board members Qualifications of members Compensation of members Certificate of election Resignation Officers of county boards Sessions School term 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 Term of loan Interest 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 funds Free tuition 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
Sale of supplies or equipment
Effect of partial unconstitutionality
Power to condemn property
Same; procedure
Authorized purchases by local boards
Reorganization of schools
vni

Code Section Page

_ 32-901 _ 32-902 _ 32-902.1 _ 32-903 _ 32-904 - 32-905 _ 32-906 - 32-907 _ 32-908 _ 32-909 . 32-910 - 32-911 . 32-912
32914 32-915 32920 32-921 32922 32-923 32-924 32925 32-926 32-927 32-928 32-929 32-930 32-931 32932 32-933 32934 32-935 32-937 32-940 32 941 32-942 32-943 32 944 32-945
32-949
32-950
32951
32-952
32953.
32-954

70 71 71 71 72 72 72 72 73 73 74 75 75 76 76 76 77 77 77 78 78 78 78 78 78 78 78 79 79 79 79 80 80 80 80 81 81 81
81
82
82-
82
82
82.

PART VIII

COUNTY SUPERINTENDENT OF SCHOOLS

Subject
County superintendent for county school commissioner
Election and term of superintendent Vacancies, how filled Qualifications of county superintendents
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 Page

32-1001

82

32-1002 83

32-1003 83

32-1004

84

32-1005

84

32-1006 84

32-1007 84

32-1008 84

32-1009 85

32-1010 85

32-1011 86

32-1012 86

32-1013 86

32-1014 86

32-1017 86

32-1018 86

32-1019 87

32-1020 87

32-1021 87

32-1022 87

32-1023 87

32-1024 88

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

32-1101

88

32-1104 88

32-1105 88

:

32-1106 89

32-1107 89

32-1109 89

-- 32-1111

90

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

32-1113 90 32-1116 90 32-1117 90 32-1118 90 32-1123 91 32-1127 91

IX

*--*~*-mmmmmmmmmmmmmm immmmmmmm

PART x

MERGER OF INDEPENDENT SCHOOL SYSTEMS

Subject

Code Section

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

32-1201 32-1202 32-1203

Page
91 92 92

PART XI
PAYMENT OF TEACHERS
Governor's authority to make debt Authority to use allocated funds Limit of authority : Sick leave Payment where schools closed

32-1301

92

32-1302 92

32-1303 92

32-1304 93

32-1305 93

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 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 Advisability of refunding bonds Election to refund bonds Contents of election notice Voters lists, 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

32-1401 93 32-1402 94 32-1403 95 32-1403 1 95 32-1403 2 96

32-1404 96

32-1405 96

32-1406

97

32-1407 97

32-1408

97

32-1409

97

32-1410 97

32-1411

97

32-1412

98

32-1413

98

32-1414

98

32-1415 98

32-1416 98

32-1417 98

32-1418 98

32-1419 99

32-1420

99

32-1421

99

32-1422

99

32-1423 99

32-1424 99

32-1425

99

nrci win nun

Subject
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
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
100 100 100 100 100 101 101 101 101 101 101 102 102 102 102 102 102

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 receipts

Replacement

Conditions and object

Credit of State

Trust indenture

To whom paid

:

Sinking fund

Rememdies 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

32-1041a 32-1402a 32-1403a 32-1404a 32-1405a 32-1406a 32-1407a 32-1408a 32-1409a 32-1410a 32-1411a 32-1412a 32-1413a 32-1414a 321415a 32-1416a 32-1417a 321418a 321419a 32-1420a 32-1421a 32-1422a 32-1423a 32-1424a
32-1425a 32-1426a 321427a 321428a

103 103 103 104 106 107 107 107 107 107 108 108 108 108 109 110 110 111 111 112 112 112 112 113 113
113 113 114

XI

m ^^M^^^^H

Subject
Rules and regulations _ Powers supplemental _ Construction of Chapter . Transfer of functions to Transfer of functions to

Code Section Page
32-1429a 114 321430a 114 32-1432a 114 32-1432a 114 321433a 114

PART XIV

SCHOOL YEAR, SCHOLASTIC MONTH, AND SPECIAL DAYS

School year Scholastic month Observance of special days _ Temperance day designated

32-1501 115 32-1502 115 32-1503 115 32-1504 115

PART XV

ENUMERATION OF SCHOOL CHILDREN

School census New census _

32-1601 115 32-1603 115

PART XVI
INSTRUCTION IN ANIMALS, BIRD, AND FISH LIFE

PART XVII
HEALTH Health regulations by counties, etc. Quarantine

32-1801 116 32-1802 116

PART XVIII

PHYSICAL EDUCATION AND TRAINING

Course prescribed Courses at normal schools Special teachers

32-1901 117 32-1902 117 32-1903 117

PART XIX

FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST

Fire escapes Inspection of school buildings Safety requirements

32-2001 118

32-2002

118

32-2003 118

xn

Subject

Code Section

Defects in heating installation

-- 32-2004

Fire escapes for educational building and dormitories

32-2005

Funds for cost of fire escapes

32-2006

Page
118 118 119

PART XX

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

Suspension by Governor

Effect of discontinuance of operation

Excused Absences for General Assembly pages

32-2104 119 32-2105 119 32-2106 119 32-2107 120 32-2108 120 32-2109 120 32-2110 121 32-2111 121 32-2112 121 32-2113 121 32-2114 121 32-2115 121 32-2116 121 32-2117 122 32-2118 122 32-2119 122

PART XXI

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

322101a 122 322102a 123 32-2103a 123 32-2104a 124 322105a 124

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
xm

32-2201 124 32-2202 124 32-2203 125 32-2205 125 32-2206 125 32-2207 125 32-2208 125 32-2210 125 32-2213 125

I^HH

Subject
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

Code Section
32-2214 32-2215 32-2216 32-2217 32-2218 32-2219 32-2220 32-2221 32-2222 32-2223

Page
125 126 126 126 126 126 126 127 127 127

PART XXIII

VOCATIONAL REHABILITATION OF DISABLED PERSONS

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

Vending stands or machines on State property Business sites

Vending stand, meaning

.

Subrogation of board

____

Medical and other training Lien of Board

32-2301 128 32-2302 129 32-2303 130 32-2304 131 32-2305 131 32-2306 131 32-2307 131 32-2308 132 32-2309 132 32-2310 132 32-2311 132 32-2312 133 32-2313 133 32-2314 133 32-2315 133 32-2316 133 32-2317 133 32-2318 134 32-2319 134 32-2320 134 32-2321 135

PART XXIV

I

DIVISION OF VOCATIONAL EDUCATION SERVICE

Definitions . State Board

XIV

322301a 135 32-2302a 136

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

Code Section Page
322303a 136 32-2304a 137 322305a 138 432306a 138 322307a 138 322308a 139

PART XXV ILLITERACY DUTIES OF STATE BOARD

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

32-2401 139 32-2402 139 32-2501 139 32-2502 140 32-2503 140

PART XXVI 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 140 32-2605 140 32-2606 140 32-2607 141 32-2701 141 32-2702 141 32-2703 141 32-2704 141 32-2705 142 32-2706 142 32-2707 142 32-2708 142

PART XXVII 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 143 32-2802 143 32-2803 143 32-2804 144 32-2805 144

XV

PART XXVIII

TEACHERS RETIREMENT SYSTEM

Subject
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 Transfer of Credits to and from Employees
Retirement System 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 Procedure for increasing allowances Employees' Retirement System, transfer of credits

Code Section Page
- 32-2901 144 _ 32-2902 148 - 32-2903 148 - 32-2903.1 149 - 32-2903.2 150 - 32-2904 150 . 32-2905 153 . 32-2906 158 - 322907 158 . 32-2908 159 . 32-2909 159 . 32-2910 159 . 32-2911 159
32-2912 159 . 32-2913 159 . 32-2914 160 . 32-2915 160
32-2916 160 32-2917 160 322918 160 32-2919 161 32-2920 161 32-2921 161
32-2921.1 166 32-2922 167 32-2923 168 32-2924 169 32-2925 169 32-2926 169 32-2927 169 32-2928 170 32-2929 170 32-2930 170 32-2931 170 32-2932 171 40-2503(8) 171

PART XXIX

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

_ 32-9901 171 _ 32-9902 172 _ 32-9903 172 _ 32-9904 172

Subject

Code Section

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

False statements to obtain and misuse of state grants

Illegal operation of private schools

32-9905 32-9907 32-9908 32-9909 32-9910 32-9911 32-9912 32-9913 32-9914 32-9915 32-9916 32-9918

Page
172 173 173 173 173 173 173 173 173 174 174 174

PART XXX

NOMINATIONS FOR OFFICE FILLED BY GRAND JURY APPOINTMENT

I

Manner Advertisement, cost, nominations, etc.

59-318

174

59-319 174

PART XXXI
FLAGS Pledge of allegiance to State Flag State flag to be displayed

86-1205 175 86-1206 175

PART XXXII

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

992101 175 99-2102 175 99-2103 176 99-2104 178 99-2105 181 99-2106 181 99-2107 182 99-2108 182 99-2109 182 99-2110 182 99-2111 182

PART XXXIII

REGULATIONS

Regulations Governing Appeals to State Board

184

xvn

MHMBBM
PARTI
Provision! of the Constitution relating 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, "Pation of races. The provision of an adequate education for the citizens shaU be a primary obligation of the State of Georgia, the expense of *hfall * Prided 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 eeneral school system of the State, of children living in the territory of fhe school and otherwise qualified. However, tuition can **** non-resident pupils. See opinions of Attorney General rendered September 5, 1958, and October 20, 1960.
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 bv and wUh the advice and consent of the Senate. The Governor shall not a member of state Board of Education. The first State Board of EduSion untr'this Constitution shall consist of <^*$*^ this Constitution is adopted, with the terms provided by taw. JJf^TM*^ succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration o torn o7 offke shall be similarly filled by appointment and confirmation cas^of a vacancy on said Board by death, resignation or from any other Suse other than the expiration of such member's term of office he Board Sa 1 by secret ballot elect his successor, who shall hold office until the end ofthe nexTsession of the General Assembly, or if the General Assembly be Sen in session to the end of that session. During such sessionidttie General Assembly the Governor shall appoint the successor member of the Boara forteunexpired term and shall submit his name to the Senate for Sma ion All members of the Board shall hold office untiltheir su*
;,,toj OT1j nnalified The members of the State uoara oi SaLTshT fcftizTns o^fstate who shall have resided in Georgia ^nttully for at least five years preceding their appointment. No person

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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 adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law. (Code 2-6501.)
Note: A proposed amendment to the above was defeated in the 1960 General election. See Ga. Laws 1961, Vol. I, p. 754.
SECTION III
Paragraph I. State School Superintendent: election, term, *tc. 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 1. County School System; Board of Education. There 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.)

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Cross-reference. See Code 32-903 for statutory qualifications for County Board members.
Note: By virtue of local constitutional amendments more than fifty county boards of education are elected by the voters of the school system rather than appointed by grand jury. A proposed constitutional amendment would provide for change in method of appointment or election by local law. See Ga. Laws 1966 pp. 761-763.
SECTION VI
Paragraph 1. County School Superintendent; election, term, etc. There shall be a County School Superintendent, who shall be the executive officer of the County Board of Education. He shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law. (Code 2-6901.)
Cross-reference. See Code 32-1004 for statutory qualifications for County School Superintendent. See Code Section 89-101, subparagraph 7, residential qualifications.
Note: A proposed constitutional amendment would provide for variation of the method of selection of county superintendent by local law. See Ga. Laws (1966) pp. 761-763.
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 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 Board of Education and independent school systems may contract with each other for the education, transportation and care of pupils. (Code 2-2701.)
Note- Tipton v Spe.er, 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.
Note- A proposed constitutional amendment would provide for county and independent systems, or any combination of same to merge into an "Area School District" by local law. See Ga. Laws (1966) pp. 1026-31.
3

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SECTION X
Paragraph I. Protection of certain school systems. Public school 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 a legislative enactment changing local school systems established prior to the adoption of the Constitution of 1877,
SECTION XI
Paragraph 1. Grants, bequests and donations permitted. The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. (Code 2-7401.)
Paragraph II. Grants and donations to county Boards of Education and independent school systems. County Boards of Education and independent schools 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 twenty 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 twenty 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
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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. (Cod 2-7501.)
Note: Ga. Laws 1960, Vol. I, p. 1444, ratified in 1960, raised the limitation in the above from 15 to 20 mills.
Note: A proposed constitutional amendment would provide for taxation respecting "Area School Districts". See Ga. Laws (1966) pp. 1026-1031.
Note: Smith v Board of Education, 153 Ga. 758. The county board of education has entire authority to recommend to county board of commissioners the levy of tax not less than five nor more than fifteen (now twenty) 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 the 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 and school lunch purposes. Article VII, 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 befits 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 Ge- eral 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.)
Note: For implementing legislation of the above, see Part VI herein.
Paragraph II. Freedom from compulsory association, taxation. Freedom from compulsory association at all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for an adequate education for the citizens of Georgia. (Code 2-7503.)
Note- The above provision was proposed by Acts of 1961, Vol. I, p. 595, and will become effective if approved by the people in the 1962 General Election. See Pierce v Society of Sisters, 268 U. S. 510; NAACP v Alabama, 357 U. S. 449; Shelton v. Tucker, 364 U. S. 479; Bates v. Littl* Rock, 361
U. S. 516.
ARTICLE VII SECTION I
Paragraph II . . . (8) Scholarships for prospective teachers. The State Board of Education shall have the authority to grant to citizens who are in-

terested 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 institufions, 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 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
6
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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 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 $2,000.00 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. rhould 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 authoriy, 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 $1,250.00. 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 authority to levy taxes. The exemption herein provided for shall expire December 31, 1961.
There shall be exempt from all ad valorm 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.
Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for

State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term "disabled veteran," as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms.
Each person who is 65 years of age or over and who does not have an income from all sources exceeding $3,000 per annum is hereby granted an exemption of $4,000 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State and county ad valorem taxes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased exemption provided for herein shall apply to all taxable years beginning after December 1 1964 (Code 2-5404.)
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
8

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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 Sub chapter 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 adop-
tion of this provision of the State Constitution, together with such further powers and duties as may be hereafter provided by law.
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 Sxes S that year, to repel invasion, to suppress insurrection and defend
9
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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. 9. To support paupers.

10. To pay county agricultural and home demonstration agents.

^hJ0* Prrlde fr Payment f old age a*si*taTMe to aged persons in need, and for the payment of assistance to needy blind, and to dependent

2titl1ed??to the assies\taW ncCelfahreerebiennCafuittSh'orPirzeVdidwedhothdaotesnonoPTM t qualisfhyalflorbesuecnhassistance 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 S

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sembly authorized hereunder for such purposes.

12. To provide for conservation of natural

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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.
17. For school lunch purposes.
18. County boards of education are hereby authorized to provide for workmen's compensation for school personnel and to pay for the same from educational funds.
19. The General Assembly may, by law, authorize the governing authorities of all counties of this State to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of said counties outside the incorporated limits of the municipalities therein; to license and regulate taxicabs and cabs for hire in such unincorporated areas of said counties; to classify businesses and business enterprises, and to assess different license fees and taxes against different classes of businesses; to license all businesses and business enterprises in such areas in the interest and welfare of the citizens of said counties, and to prescribe rules and regulations concerning the same, excepting from the application of these provisions only those businesses which are subj.eC; to regulation by the State Public Service Commission. Such law may provide that the violation of any license regulation adopted by the governing authority, or the failure to pay any license fee or tax prescribed for any business, shall constitute a misdemeanor which upon conviction shall be punishable as for a misdemeanor. (Code 2-5701.)
SECTION V
Paragraph 1. Taxing power and contributions by 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 1. Contracts by State, state institutions, eounUss 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
11

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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 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.
Notwithstanding any other provision of any other section of any other article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year under lease contracts now or hereafter entered into pursuant to this Paragraph I (a) by and between such department agency, or institution of the State and any State authority which has been created and activated at the time of the effective date of this amendment which said lease contracts constitute security for bonds or any other obligations heretofore or hereafter issued by any such authority In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department, agency or institution of the State to pay the obligations called for under any such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the State in each fiscal year to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act.
(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 authority for the same purpses for which such facilities were operated by such citv 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.
(0 Any city, town, municipality or county of this State, or anv combinat.on of the same, may contract with any public agency public JffiS rJ1Uthrity for the care- maintenance and hospitalization of ffotr tthhelT cos\t o4f a'cquisi-*timoany, acSonastPru3crttionf, SmUcohdecronniztraatciotnobolriSraetpeai^rseloff tnoecpeasy-
12

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, as amended Ga. Laws 1960, Vol. I, p. 1273.)
(d) Any two or more counties, or any two or more municipalities, or any county and municipality, or combination thereof may jointly establish area schools, including vocational trade schools. The State is hereby authorized to expend funds for the support of such schools as it does for presently established school systems. The political subdivisions establishing such a school shall provide for a joint board to administer any such school, and the State is hereby authorized to contract with such board relative to the expenditure of funds for such school. Any such political subdivision is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision. Any such political subdivision is hereby authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein for the support of such a school. Any such bonded indebtedness shall be incurred pursuant to the provisions of this Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. The amount of funds which each political subdivision establishing such a school shall pay shall be determined and agreed upon by and between all the political subdivisions involved. In the event it deems it necessary, the General Assembly is hereby authorized to enact laws pursuant to, but not in conflict with, the provisions of this paragraph. (Code 2-5901, as amended, Ga. Laws 1960, Vol. L p. 1259.)
Note: A proposed constitutional amendment would modify subsection (d) so as to provide for "Area School Districts". See Ga. Laws (1966)
pp. 1026-1031.
Paragraph III. Counties authorized to purchase liability insurance. The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a tax for such purpose. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may make only such defenses as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor of
the plaintiff. If the verdict rendered by the jury exceeds the limitation of

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the insurance the court shall reduce the amount to a sum equal to the

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^ ? TM P6 196 Act PrPsing this amendment designated it as Para graph m. There presently is no Paragraph n of this section

SECTION VII

Paragraph I. Debts of counties and cities. The debt hereafter inTMrro,i by any county municipal corporation or vrttuT^%
except as in this Constitution provided for, shall never exceed s7ven D centum of the assessed value of all the taxable property therein and no uch county, municipality or division shall incur any new debt exCept f^ a temporary loan or loans, to supply casual deficiencies of revenue not fa.exceed one-fifth of one per centum of the assessed value of the SaWe property therein, without the assent of a majority of the qualified vo e

Son LT y' mUniClpaHty r ther Plitical subdivision voting n an e ec

IZ In

TT t0 bC 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 munTcinai

corporations and other political divisions of this State to pass uZ rS

Nuance of bonds by such counties, municipal corporations and oth^r

by such counties, municipal corporations or other political dLsLns made

designs, p ans, working drawings, specifications, procedures and thpr action preliminary to the construction of public works and whL ^
oftn^r fr ^ PUrPSeS ^^ f be 55 SL^Si
Every county is hereby empowered to create debt, by way of borrow

14

tered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such rules and regulations pertaining to such programs as may be promulgated by the Commissioner.
(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 time, 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 he 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
15

l^^^^^Hi

mibdivision 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 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 exceed 75 percent of the total gross income of such county, municipality, political subdivision or county board of education, from taxes collected by such county, municipality plitical 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 indebted-
yZl.VoteTLT)0TM1 ^ eXC6SS f SUCh anticipated revenue for TM<*

Note: The above provision is the authority whereby county boards make

bSPeeP.PS32-a9Q291i provision.

T et seq.

^No!tethteheyecaorn' fliFctrbeimtwPeleeTM n Sneticn. g32le-9g2i1slaatinodn, thseee aCboovdece

ARTICLE VI
SECTION VI
Paragraph II Powers. The Court cf ordinary shall have jurisdiction
^M's.vyg -* -- - -'-' or coun,y d in all cases arising under the Compulsory Attendance law in counties of

ARTICLE I
SECTION I
Paragraph XII. Freedom of conscience. All men have the natural and mahenable right to worship God, each according to the dictates of h"s own conscience, and no human authority should, in any case control or interfere with such right of conscience. (Code 2-112.)
,,f ^Parcf?PhuX"L 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 hi rehgiouopin oT acts of r^ V hberty f CnSdenCe ShaI1 not be s ^nstrued as to S &mSS%Z$ Pr^CeS "-- ^th the peaceeXCa^
Paragraph XIV. Appropriations to churches, sects, etc. forbidden. No

16

in^^n^^nHOHBB^H
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.)
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 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 ommission of the words "expiration of" between "than" and "such" in the first sentence. The words are omitted in the 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.)
17

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 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 mem-

ber of a committee of said Board which has been authorized by action of

the Board, plus pp. 110, 111.)

actual

traveling

expenses.

(v Acts

1937,

pFpF.

864 '

866'

1iw95>Sa'

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 prescribing 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 administration of the common school fund. They shall prepare and submit to the Governor and General Assembly of the State of Georgia an estimate of the funds necessary for the operation of the State Public School System. They shall have general supervision of the State Department of Education and shall employ and dismiss, upon the recommendation of the State Superintendent of Schools, such clerical employees, supervisors, administrators, and other employees as may be necessary for the efficient operation of the State Department of Education. They shall set aside the necessary funds for the maintenance of the office of the State Department of Education and the State Superintendent of Schools, the amount and sufficiency of said funds to be in the discretion of the State Board of Education, said funds to be disbursed by the State Superintendent of Schools in the payment of salaries and travel expense of employees; for printing communication, equipment, repairs and other expenses incidental
iyvr9Tp7^eo.rte Department of Education-(Acts i937> PP"

32-408.1. Educational television.-The State Board of Education is authorized and empowered to make available educational programs through the medium of educational television. The State Board of Education is authorized and empowered to own, operate, maintain and manage television stations, transmission equipment and all other related equipment and facilities, both audio and video, for the production and

18

HKlHl^MaBB
transmission of open and closed circuit telecasting; to furnish schedules, consultative services, teacher aids, and to perform all other things necessary in promulgating, furnishing, producing, transmitting, and making such programs available; and is authorized to enter into agreements with other agencies, persons, firms or corporations for the production and/ or transmission of educational television programs. (Acts 1963, pp. 431, 432.)
Cross-references.--Board as agency to receive funds for educational television, see 32-413.1.
32-409 to 32-411. Repealed by Ga. Laws 1961, Vol. I, pp. 39, 40.
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 32-419, and shall perform all the duties now required by law of said State Board of Education as now consituted. (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
19

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.)
32-413.1. Agency to receive Federal funds or other funds for educational television purposes. -- The State Board of Education is authorized and empowered and is hereby designated the proper State agency to receive all Federal funds, and any other funds, that may be appropriated granted or otherwise made available to the State for educational television purposes at all levels of education and shall, after receipt of same use, allot or distribute the same in accordance with the intent, terms' and conditions of such appropriations and grants. (Acts 1963, pp. 431, 432.)
32414. Appeals to State Board. Repealed, Ga. Laws 1961, Vol. I pp 39, 40. See, governing appeals, sec. 32-910, infra.

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.

32416. Gifts, etc., from schoolbook houses to member or appointee of

Board forbidden. No member or appointee of the Board, or any other

person having authority to select or aid in the selection of textbooks for

the schools, shall for himself or any member of his family receive any gift

compensation or remuneration from any school book 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 com-

pensatin, or remuneration. Should any such publishing house, corpora-

tion, or person offer to any such officers, their families or appointees any

compensation, remuneration or gift, they shall report the same to' the

grand juries of their respective counties. The judges of the superior

20

H^^HHBB^^^BHH^B^^^^Ma^M
courts in charging the grand jury from term to term shall give instructions concerning this section and Chapter. (Acts 1937, pp. 864, 868.)
Cross-references: 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 persons over 18 years old. The State Board of Education is hereby authorized and empowered to receive moneys made available from Federal grants and/or from other available funds to provide education of non-college grade for persons above the age of 18 years; and to make the necessary rules and regulations governing the education of such persons subject to such limitations as may be imposed in the grant or appropriation of such funds. (Acts 1945, p. 194.)
32-418. Effect of partial invalidity of section 32-417. Should any section, subsection, clause, sentence, phrase, or part of this law (Section 32-417), for any reason be held, deemed, or construed to be unconstitutional or invalid, such decision shall not affect the validity or the remaining portions thereof, and the General Assembly hereby declares that it would have passed said law, each section, subsection, clause, sentence, phrase, and part thereof, irrespective of the fact that one or more sections, subsections, clauses, sentences, phrases, or parts thereof, be declared unconstitutional or invalid. (Acts 1945, p. 194.)
32-419. Federal or other funds for schoolhouse construction; power of Board to receive and allot to school system. The State Board of Education is hereby authorized and empowered to receive any Federal funds, or any other funds, made available to it for schoolhouse construction or improvement of the schools under its jurisdiction, and to allot said funds to the boards of education of county and independent school systems under such rules and regulations as may be adopted by the State Board of Education, subject to such limitations as may be imposed in the grant or appropriation of said funds. (Acts 1945, p. 200.)
32-420. Power of Board to determine needs and adopt building practices and standards. In order to assist the boards of education of county and independent school systems, upon their request, the State Board of Education is hereby authorized and empowered to make comprehensive studies to determine the need and the location of public school buildings, to determine the safety and educational requirements of public school buildings, and to plan the methods of financing the cost of constructing and equipping such buildings; and to establish a code of school building practices and standards. (Acts 1945, p. 200.)
32-421. Power of Board to inspect buildings; action after inspection. The State Board of Education is hereby authorized to inspect any public 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
21

wmmm mmmff^m
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 secion, subsection, clauses, sentences, phrases, or parts thereof, be declared unconstitutional or invalid. (Acts 1945, pp. 200, 201.)
32-423. Transportation of pupils and school employees; powers 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 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 3^428) 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,
32-425. Same: State Board to prescribe 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 prov.de 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
22

MHaBHHIHH

^i^i^HBBHHHBBii^H

Note: In opinions of the Attorney General rendered June 23, 1958, and June 15, 1959, it was held that the local Board can not use Countyowned busses for purposes other than prescribed above.
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.)
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.)
Note: By an opinion rendered January 4, 1960 the Attorney General declared, "... a school district is not liable in tort for injuries to students except to the extent that insurance has been procured therefore under the provisions of Georgia Code Anno., Sections 32-429 through 32-433. Under these Sections, a school district is required to secure insurance covering school children riding on school buses to and from school against bodily injury. Also, a school board is authorized, but not required, to secure additional insurance to cover members of the general public who are injured as a result of negligent operation of school buses."
Cross-reference: Constitution, Sec. 2-5902, supra.
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 issues 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
23

^HH
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 instructional 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 garde 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 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 m^ans. (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, of expenses of conferences, study groups, and demonstrations,
24

^MH

HWMMWII^HIHH

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 32-437). (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 committes so appoined 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 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 af 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
25

Mi

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.)
32-442. Leases by State Department to local boards. The State Department of Education on behalf of the State of Georgia may lease for periods up to four years any State owned property in its control and held for its use to county school boards, city school boards or other like agencies in the State having the power to operate and regulate any public school in the State of Georgia, provided that any such property so leased shall be used by the lessee only for adminstrative, maintenance, warehouse or storage purposes. (Acts 1961, Vol. I, p. 472.)

PART III

STATE SUPERINTENDENT OF SCHOOLS

Note: Code sections 32-510, 512, 513, 514 were repealed by Acts 1937

p. 882, 891.

'

32-501. Election. Office. Powers and duties. The State S'merintendent of Schools shall be elected by the people at the same time and in the same manner as the Governor and the 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 he 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 instruction as he may deem necessary for the faithful and efficient execution of the school lawsand 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.)

, c?2;5o Qua,ifieations- To render a person eligible to hold the office of Sta e Superintendent of Schools he shall be a person of good moral

character, of high educational standing, have had at least three years-

practical experience as a teacher, hold a five-year degree from an ac-

^p.taHil;

Ii9obai,

Se
p.

510.")niversity-

and

be

a*

^ast

30

years

of

age.

(Acts

1919,

HduntHie,3s.2'5t^h3e" Sc!t"a!tde aScnudp0eartiHnt-eUndpennt eonfteSricnhgooulPs snhathlle gdiivsechbaorgned oifn htihseofpfiecniaall sum of $50,000 to the State, with some approved surety company which shall be acceptable to the Secretary of State, conditioned that he will truly
ihirsZhaV nds"in This offPicliya,lacUapmac0intyeyforrth0ethuesre Parndpebretnyefwithiocfhthmeflpyurcpoomsesinfotor
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

26

^^^^^^^^^^^H
faithfully discharge the duties of his office. The bond, with certified indorsement thereon, shall be filed with the Secretary of State, and the premium charged for said bond shall be paid out of the treasury of the State. (Acts 1919, p. 312; 1964, p. 677.)
Note: A memorandum of the Attorney General dated January, 1959, discusses the various types of public official and employees' bonds.
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 recommendation 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, willful neglect of duty, misconduct, immorality or the commission of crime, involving moral turpitude: Providing, of course, that all of his acts in this matter shall be subject to the approval of the State Board of Education, and the party so suspended may appeal his case to the State Board, whose decision shall be final. (Acts 1919, p. 312.)
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 severa 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 appropnatted 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, toe average cost of tuition per pupil in said schools and colleges. (Acts 1919, p. 313.)
27

IPWHI

32-509. Preparation of Text on Civles. The State Superintendent of Schools is required to prepare, with necessary assistance, a textbook on civil government and have it printed and sold to the schools at cost. (Acts 1919, p. 314.)
32-510. Salary. The State Superintendent of Schools shall be compensated in the amount of $22,500 per annum, to be nnid in oqual monthly or semi-monthly installments. He shall also be reimbursed for his expenses mcurred in connection with the official duties of his office. (Acts 1966, p.

32-511, 32-512, 32514. (Repealed)

s,, 32"5'5- RePr;s *<"" wnty 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
5,,r T" J ? suPerintendents shall not be entitled to compensation for their official services. He shall also have the right to require the report mentioned in section 32-508 of the president of the board of education or

,,rl?

,T fflCer f any Public sch001 organization, operating

lnaotfrreJceZiveTth"e pro ra?tandshIa"r"e"1ofthtehereSptartte isschmoaodle'fusnadid toorgwahniiczhatiiotnotshhearl-l

wise would be entitled. (Acts 1919, P. 320.)

PART IV

MINIMUM FOUNDATION PROGRAM

32-601. Short Title--The short title of this Act shall be the "Minimum

Foundation Program of Education Act." (Acts 1964, pp. 3, 6.)

mUm

ngrraanJ,.2"_602^ ThEeS^Gbe,niSehr^alenAtssefmbMlyiniomf um GeoFrgoiuan, draetcioongnifzoirngEtdhuecaitmionpaolrtaPnrcoe-

Zdaf,xtpreme. necessity of providing improved educational opportunity

ooff\eL ducaaftoTngaT l opp~ortCunhiitdyrenfo' r

yuth> -d Georgia's

adults; of establishing equality children and youth regardless

of where they may live or what their station in life may be- of establish

rGelortgia

cmhviMldtaainndingyomutinhimcUanm

Standards
attend an

afoccrre*>duibtelidc

pscuhboliocls scohotohl aoeH"met

proving the quality of education through continued development and m-' provement of balanced programs designed to provide academic ana TM

thhTss Lag?e, ooffPdHeePveTloapUiOngn afpuGb,!l,0icrgsiac'hSooCl hpilrdorgernamantdha*tuwtihll faottrraacdtulhtolldlTannd fully uihze competent professional personnel in the public school svs terns of this State; of establishing and maintaining adequate P!ann?S research and experimentation programs so as to assure cSued future
mprovement of public school education in Georgia; of providing for bet ter efficiency in the operation of public schools, elimination of waste and better utilization of existing school services and facilities oi the need to finance adequately the improvement of Georgia's public educat on program and facilities; of the need to assure Georgia's chiCn and vouth
of receiving an improved minimum level of education; and of the nee5 for providing a method whereby all Georgians shall pay their fair share of the cost of such program, and recognizing fully its responsibility topro

28

MHBHI^H
vide a means whereby the foregoing needs might more readily be met, does hereby establish a State Minimum Foundation Program for the education of Georgia's children and youth. (Acts 1964, pp. 3, 6.)
32-603. Powers and Duties of the State Board of Education. -- The State Board of Education shall adopt and prescribe all rules, regulations and policies required by provisions of this Act, and shall adopt and prescribe such other rules, regulations and policies as may be reasonably necessary or advisable for proper implementation, enforcement and carrying out of provisions of this Act and other public school laws, or for assuring a more economical and efficient operation of the public schools of this State, or any phase of public education in the public schools of this State. The State Board shall establish and enforce minimum standards for operation of all phases of public school education in Georgia and for operation of all public elementary and secondary schools and local units of school administration in Georgia so as to assure, to the greatest extent possible, equal and adequate educational programs, curricula, offerings, opportunities and facilities for all Georgia's children and youth, and economy and efficiency in administration and operation of public schools and public school systems throughout the State. The State Board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public education in the public elementary and secondary schools of Georgia. All rules, regulations, policies and standards adopted or prescribed by the State Board in carrying out the provisions of this Act and other school laws shall, if not in conflict therewith, have the full force and effect of law. (Acts 1964, pp. 3, 7.)
32-604. Powers and Duties of the State Superintendent of Schools. -- The State Superintendent of Schools shall be the executive officer of the State Board of Education, the administrative officer of the State Department of Education, and shall be responsible for the administration and enforcement of all provisions of this Act and other school laws in accordance with the provisions of such laws and rules, regulations, policies and standards adopted or prescribed by the State Board of Education for the implementation, administration or enforcement of such laws. (Acts 1964, pp. 3, 8.)
32-605. Operation of Public Schools; School Year and School Month. Public elementary and secondary schools of this State receiving State-aid under provisions of this Act shall be operated for a period of time to be determined by the State Board of Education which shall not be less than nine school months during each fiscal school year. Twenty school days shall constitute a school month. The fiscal school year shall begin on the first day of July and end on the 30th day of June of each year (Acts 1964, pp. 3, 8.)
32-606. Local Units of School Administration; Eligibility to Receive State Funds. --The several county, independent, and area public school systems of this State, as now or hereafter established pursuant to provisions of law, shall be local units of school administration for the purposes of this Act. The qualifications, manner and time of selection, election or appointment, tenure, State compensation if provided for, and powers and duties of superintendents and members of boards of education of the
29

several local units of administration shall be as prescribed by law, provided,
however, that such superintendents and members of local boards of education shall comply with, execute, and enforce the provisions of this Act and other school laws, and provisions of rules, regulations, policies and standards adopted by the State Board of Education pursuant thereto, in order to render the respective local units of administration eligible to receive State funds under provisions of this Act. (Acts 1964, pp. 3, 8.)

32-607. Local Units of School Administration; Employment of Person-

nel. -- All teachers, principals, other certificated professional personnel,

and all other school personnel of local units of administration shall be

employed by local boards of education on the recommendation of the

superintendent of schools of the local unit. Provided, however, any

board, by a vote of three-fourths of the entire membership of such board,

may employ teachers, principals, other certificated professional personnel

and all other school personnel without the recommendation of the super-

intendent. Minimum qualifications for employment of all school person-

nel may be prescribed by the State Board of Education unless otherwise

provided by law. Employment contracts of teachers, principals and other

certificated professional personnel shall be in writing and shall be signed

in dupicate by such personnel on their own behalf and by the local

superintendent of schools on behalf of the local board of education (Acts

1964, pp. 3, 9.)

'*

Note: Tripp v Martin, 210 Ga. 284. County school superintendent has the 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. This decision was prior to 1956 Act which allows three-fourths of the board to elect without superintendent's recommendation.

32-608. Certification and Classification of Professional School Personnel; Revocation of Certificates; Definitions. --The State Board of Education shall provide, by regulation, for certifying and classifying all teachers and other certificated professional personnel employed in the public schools of this State, and no such personnel shall be employed in the public schools of this State unless they shall hold a certificate issued by the State Board certifying to his or her qualifications and classification in accordance with such regulations. The State Board shall establish such number of classifications of teachers and other certificated professional personnel as the Board may, in its discretion, find reasonably necessary or desirable in the operation of the public schools, provided however, that such classifications shall be based only upon academic' technical, and professional training and experience of such personnel' The State Board is authorized to provide, by regulation, for revoking or denying certificates for good cause, after investigation is had and notice and hearing is provided the certificate holder. The State Board shall
by regulation, define the term "certificated professional personnel"' as used in this Act, and shall designate and define the various classifications of professional personnel employed in the public schools of this State that shall be required to be certificated under provisions of this Section. Without limiting the generality of the foregoing, the term "certificated professional personnel" shall be deemed to include principals,

30

^^^^^^B
instructional supervisors, visiting teachers, school librarians, guidance counselors, and county or regional librarians. (Acts 1964, pp. 3, 9.)
32-609. Schedule of Minimum Salaries: Supplementing Salaries by Local Units. -- The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten months basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the State Board. Said minimum salary schedule shall be established on an index basis, and shall provide a minimum base salary for each classification of professional personnel required to be certificated, and for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of such service of such personnel and such other uniformly applicable factors as the State Board may, in its discretion, find relevant to the establishment of such a schedule. Said minimum salary schedule shall, in all other respects, be uniform, with no differentiation being made on the basis of subjects or grades taught. The State Board is hereby authorized to modify and adjust the minimum salary schedule at such times and in such manner as the Board may, in its discretion, find reasonably necessary and advisable for the more efficient operation of the public schools of this State. An index salary schedule shall be construed to mean a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications, such relationships to be expressed as ratios which are above or below an index value of 100 to be attributed to certificated professional personnel with a bachelor's degree and no experience. All State funds now or hereafter made available to the State Board for the purpose of paying salaries of teachers or other certificated professional personnel employed by local units of administration shall be made available to local units and to such personnel employed by them in accordance with the index schedule of minimum salaries. Local units of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the index schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel, and in fixing the amount thereof may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught,
and the experience and individual worth of the particular personnel whose salary is being supplemented. Supplements paid shall, in all other respects, be uniform. (Acts 1964, pp. 3, 10; 1965, pp. 15, 16.)
32-610. Calculated Cost of Minimum Foundation Program of Local Units. -- The total amount of funds needed by a local unit of administration in order to provide a minimum foundation program of education, as contemplated by provisions of this Act, shall be deemed to be the sum arrived at by adding the amount of funds, calculated in the manner provided for in this Act, needed by the local unit of administration for the following purposes:
(a) Payment of teachers' salaries as provided for in section 32-611.
(b) Payment of salaries of other certificated professional personnel as provided for in section 32-612.
31

(c) Payment of maintenance, operation and sick leave expenses as provided for in section 32-613.
(d) Purchase of free textbooks as provided for in section 32-614.
(e) Purchase of consumable instructional materials and supplies as provided for in section 32-615.
(f) Purchase of school library books and non-consumable teaching materials and aids as provided for in section 32-616.
(g) Payment of additional cost of operating isolated schools as provided for in section 32-617.
(h) Payment of expenses of pupil transportation as provided for in section 32-618.
(i) Payment of travel expenses as provided for in section 32-619.
(j) Payment of cost of providing special education programs as provided for in section 32-620.
(k) Defraying the local units' share of the cost of the State-wide public school educational television program as provided for in section 32-621.
The sum arrived at in the manner provided above shall be known as the calculated cost of providing a minimum foundation program of education in the local unit of administration. The amount of State funds which shall be allocated to each local unit of administration in support of such program by the State Board of Education shall be the sum determined above as the calculated cost of providing a minimum foundation program of education in the local unit of administration less the amount of funds to be raised by the local unit in support of said program, which shall be determined in accordance with the financial ability of the local unit calculated in the manner provided for in section 32-622. The sum of the calculated cost of providing a minimum foundation program of education in all local units of administration combined shall be known as the calculated cost of the State-wide minimum foundation program. (Acts 1964 pp. 3, 11.)
32-611. Allotment of Teachers; Amounts of Funds Needed for Payment of Salaried. --The State Board of Education shall annually allot teachers to local units of administration on the basis of one teacher per 25 pupils in average daily attendance in grades 8 through 12 and one teacher per 28 pupils in average daily attendance in grades 1 through 7 of each local unit of administration during the first four months of the preceding school year, adjusted as provided for in section 32-648: Provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of teachers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a tenmonths basis in accordance with the State minimum salary schedule provided for in section 32-609. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting
32

MH
utilization of State-allotted teachers in public elementary and secondary school of local units of administration. (Acts 1964, pp. 3, 12.)
32-612. Allotment of Certificated Professional Personnel; Amount of Funds needed for Payment of Salaries. -- The State Board of Education shall annually allot other certificated professional personnel to local units of administration on the basis of one per 200 pupils in average daily attendance in the local unit of administration during the first four months of the preceding school year, adjusted as provided for in section 32-648: Provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of certificated professional personnel actually employed by the local units of administration. The amount of funds needed by a local unit to pay the salaries of certificated professional personnel shall be determined on a ten-month basis in accordance with the State minimum salary schedule provided for in section 32-609. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted professional personnel, and to provide rules and regulations by which certificated professional personnel may be assigned to serve as classroom teachers. (Acts 1964, pp. 3, 13.)
32-613. Amount of Funds Needed for Payment of Maintenance, Operation and Sick Leave Expenses. -- The amount of funds needed by a local unit of administration for maintenance, operation and sick leave expenses not otherwise provided for in sections 32-611 through 32-621 shall be determined by multiplying the number of teachers allotted to the local unit of administration under provisions of section 32-611 by a sum of money per teacher to be determined by the State Board of Education which shall not be less than $600 per State-allotted teacher through the 1966-67 school year, not less than $650 per State-allotted teacher for the 1967-68 school year and not less than $750 per State-allotted teacher for the 1968-69 school year and each school year thereafter. The State Board of Education shall define the term "maintenance, operation and sick leave expenses" and shall have authority to establish minimum requirements and standards for maintenance and operation of public school facilities and equipment and for local distribution, use and expenditure of funds allotted under this Section to local units of administration. (Acts 1964, pp. 3, 13, 1966, p. 543.)
32-614. Amount of funds needed for Free Textbooks. -- The amount of funds needed by a local unit of administration for maintenance, repair and purchase of free textbooks shall be determined by multiplying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Education which shall not be less than $4 per enrolled pupil. The State Board is authorized to make additional allotments of funds to local units to further assist local units in meeting the need for additional sets of textbooks due to increased enrollment of pupils in the local unit. The State Board shall have authority to prescribe multiple lists of approved textbooks, and minimum requirements and standards for purchase, distribution, and use of such textbooks, and for the use and expenditure of funds allotted under this section. (Acts 1964, pp. 3, 14.)
33
*V '

HMMHHHBMH
32-6T5. Amount of Funds Needed for Consumable Instructional Materials and Supplies. -- The amount of funds needed by a local unit of administration for purchase of consumable instructional materials and supplies shall be determined by multiplying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Education which shall not be less than $3 per enrolled pupil. The State Board of Education shall define the term "consumable instructional materials and supplies" and shall have authority to establish minimum requirements and standards for purchase, distribution and use of such instructional materials and supplies and 'for the use and expenditure of funds allotted under this Section. (Acts 1964, pp. 3,
32-016. Amount of Funds Needed for Library Books and Nonconsumable Teaching Materials and Aids. -- The amount of funds needed by a local unit of administration for purchase of school library books and non-consumable teaching materials and aids shall be determined by multiplying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Education which shall not be less than $1 per enrolled pupil. The State Board of Education shall define the term "library books and nonconsumable teaching materials and aids" and shall have authority to establish minimum requirements and standards for purchase, distribution and use of such library books, teaching materials and aids and for the use and expenditure of funds allotted under this Section. (Acts 1964, pp. 3,
32-617. Isolated Schools; Allotment of Additional Teachers, Personnel and Funds. -- The State Board of Education shall annually allot additional teachers and other certified professional personnel, and additional funds needed for the purpose of paying the salaries of such personnel and funds provided for herein based upon allotments of teachers, to local units of administration as may be necessary to assist local units in operating elementary and secondary schools which are, pursuant to provisions of this Act and regulations and standards prescribed by the State Board classified as being "isolated schools," in such manner as to provide pupils attending such isolated schools a minimum foundation program of education essentially comparable to that provided pupils attending public schools not coming within this classification. An "isolated school" shall mean an elementary or secondary public school which meets such standards or characteristics of isolation as shall be prescribed from time to time by the State Board of Education based upon consideration of factors such as size of the school, school population density, surrounding road conditions to include distance by the nearest passable road to another appropriate school, time required for transporting such pupils to another appropriate school, climatic and geographical conditions, and such other similar factors as the Board may, in its discretion, find relevant for the purpose of classifying a school as being isolated within the meaning of this Section. No local unit of administration shall be entitled to receive additional allotments of teachers, other personnel or State funds under provisions of this Section unless the local unit shall, at such time before the beginning of each school year for which such allotments are desired as
34

^^^^^B
the State Board may prescribe, make application for classification of a particular school or schools as "isolated" within the meaning of this Section, and submit to the State Board such proofs of isolation as the Board may require. Whether or not any school shall be termed an "isolated school" within the meaning of this Section, and regulations and standards prescribed by the State Board for this purpose, shall be a matter for determination by the State Board and such determination shall, in the absence of a clear abuse of discretion, be final and conclusive. The State Board shall have authority to establish minimum requirements and standards respecting utilization of additional teachers and funds allotted under this Section. Funds allotted under provisions of this Section shall be deemed to be allotted for the purpose of relieving hardships caused by operation of provisions of this Act, and shall be made from funds available in the contingency fund provided for in Section 32-628. (Acts 1964, pp. 3, 15.)
32-618. Amount of Funds Needed to Pay Expenses of Pupil Transportation; Method of Calculation; Establishment of Uniform Minimum Salary Schedule for School Bus Drivers; State-bid Prices to Be Used; Pupils Eligible to be Transported for State-aid Purposes; Specifications, Standards, Requirement's and Qualifications.--
(a) The amount of funds needed by a county or area school system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon circumstances prevailing in the several local units of administration which affect, in varying ways, the cost of pupil transportation, provided, however, that the amount of funds to be actually distributed to any local unit of administration under provisions of this Section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils to the public schools of the local unit during such school year. In establishing the schedule of standard and variable pupil transportation costs or cost factors for the purpose of allotting funds under this Section, the State Board is, without limiting the generality of the foregoing, authorized to consider facts and circumstances such as the number and density of pupils transported in the local unit and the areas therein served by school buses, the suitability of school bus routes in the local unit, the suitability of the type and number of buses used by the local unit, minimum bus loads, transportation surveys, cost of transportation equipment and depreciation schedules therefor, the schedule of minimum salaries for school bus drivers established in accordance with subparagraph (b) of this Section, the number of school bus drivers allotted to the local unit, maintenance, repair and operating costs of transportation equipment, climate and terrain, condition of roads used for the purpose of transporting pupils in the local unit, cost of liability insurance, and such other facts and circumstances as the State Board may find to be relevant for the purpose of establishing such schedules and cost factors. The State Board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Section.
(b) The State Board shall establish a schedule of uniform minimum
35

salaries that shall be paid by local units to drivers of school buses with a 24-passenger capacity und over, regardless of type of ownership, which shall be not less than $125 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles of less capacity than a 24-passenger bus. County or area school systems shall not pay to any bus driver in its employment operating a 24-passenger bus or over a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of a bus driver employed by the county or area school system. The expense of purchasing, maintaining and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subparagraph (a) of this Section. This Section shall not apply to student or teacher drivers.
(c) If, and to the extent that, the State Board of Education obtains a State-bid price under provisions of section 32-646 on any standard item of equipment, supply or service used or obtained by local units in connection with or as a result of providing transportation services to pupils attending the public schools of such local units, or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under provisions of subparagraph (a) of this Section shall be based upon an amount not in excess of the State-bid price on such item or expense.
(d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating the expense of pupil transportation under subparagraph (a) of this Section provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the county or area board of education. Any pupil who resides within the said mileage limitation shall not be eligible to be counted for school transportation State aid purposes.
(e) The State Board of Education is authorized to establish minimum specifications for vehicles used by local units for the purpose of transporting pupils to the public schools of the local unit, taking into account the facts and circumstances set forth in subparagraph (a) above, and is authorized to establish minimum standards and requirements respecting maintenance, repair, inspection and use of such vehicles, and minimum qualifications for drivers of such vehicles, and all vehicles used and drivers employed for such purposes by local units, regardless of type of ownership of such vehicles, shall conform to such specifications, standards, requirements and qualifications (Acts 1964, pp. 3, 16; 1966 pp. 153, 154.)
32-619. Amount of Funds Needed for Travel Expenses. -- The Amount of funds needed by a local unit of administration for payment of travel expenses to be incurred by visiting teachers, instructional supervisors and other local school personnel required to travel within the local unit of administration in connection with their assigned duties shall be determined by the State Board of Education in accordance with regulations prescribed by the State Board authorizing such travel and prescribing
36

IHHn^Hn^BHBHiMMi
uniform rates, standards, requirements and allowances for such purposes. (Acts 1964, pp. 3, 19.)
32-620. Establishment of Special Programs of Education; Allotment of Teachers and Other Personnel; Sharing of Costs. -- The State Board of Education shall have authority to provide for implementation of State-wide programs in the public schools of this State for the education of adults, preschool children, and exceptional school children as may be defined by the State Board, and for implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools, which may or may not require use by local units of additional specially qualified personnel and funds, such as remedial reading programs for those public school children found to be deficient in reading skills, driver education programs, and other similar education programs. The State Board is authorized to establish priorities, standards and criteria for implementation and operation of such programs as the Board may, in its discretion, find necessary or desirable to implement on a State-wide basis. Local units may, prior to implementation of such programs by the State Board, implement such programs locally in accordance with criteria and standards prescribed by the State Board. The State Board shall, upon implementation of such programs establish a uniform basis for allotment of additionl personnel and funds if such additional allotments are necessary for operation of such programs. Such programs shall, upon implementation by the State Board on a State-wide basis, be considered a part of the minimum foundation program of education contemplated by provisions of this Act, the cost of which shall be shared by the State and local units of administration in the same manner and on the same basis as provided in this Act for the sharing of other costs of the foundation program. (Acts 1964, pp. 3, 19.)
32-621. Local Share of the State-wide Cost of Public School Education Television Service.-- The State Board of Education shall annually determine the local unit of administration's share of the cost of operating and maintaining the State-wide network of public school educational television stations, the State-wide cost of programming and the State-wide cost of production and purchase of video tapes and other materials used in he State-wide public school educational television program. Such State-wide costs shall be apportioned to local units of administration on a uniform basis to be prescribed by the State Board, and the local units' apportioned costs of such program shall be shared by the State and the local units of administration in the same manner and on the same basis as provided in this Act for the sharing of other costs of the foundation program. The State Board shall adjust accordingly the allotment of the State contributed minimum foundation program funds to be allotted to local units of administration. The provisions of this Section shall not become effective until such time as the State Board of Education shall declare that the State-wide network of public school educational television sations has been completed and is in operation. (Acts 1964, pp. 3, 20.)
32-622. .Calculation of Local Financial Ability. -- The State Board of Education shall calculate annually the relative financial ability of each local unit of administration to raise funds in support of the minimum foundation program of education in the local unit of administration in the following manner:
37

(A) The financial ability of each local unit of administration to raise funds in support of the local unit's minimum foundation program of education for the 1964-65 school year, commencing on July 1, 1964, shall be calculated as follows:
(1) Calculate an economic index for each county in the State as follows:
fa) Calculate for each county its per cent of the State total for each of the following items: 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.
(b) Giving 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; and 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 public utilities tax digest, motor tag taxes paid, and State income taxes paid shall 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.
(2) Determine the extent to which the estimated costs of State-wide minimum foundation program for the fiscal school year is to be paid by local funds by multiplying the estimated costs of the State-wide minimum foundation program for the fiscal school year by 15 per cent.
(3) Multiply the economic index for each county in the State as derived in accordance with subsection (1) by the amount of the estimated cost of the State-wide minimum foundation program for the fiscal year to be paid by local funds as determintd in accordance with subsection (2). The sum obtained by this multiplication shall be the amount of funds to be raised within a county in support of the cost of providing a minimum foundation program of education in the public schools of the county determined in accordance with the local financial ability of the county. Where two or more counties have merged or consolidated into a single area public school system, the sum obtained by the foregoing multiplication for each of the counties within the resulting area public school system shall be combined and the combined sum shall be the amount of funds to be raised within the area public school system in support of the cost of providing a minimum foundation program of education in the public schools of the area public school system determined in accordance with the local financial ability of the counties within such school system. In those counties of the State which have more than one school system within the county, the amount of funds to be raised by the several local units of administration within the county in support of
38

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their minimum foundation program of education needs shall be determined by multiplying the percent that the school tax digest of the local units of administration in the county by the total amount of funds to be raised within the county in support of the minimum foundation program of education 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.
(B) The financial ability of each local unit of administration to raise funds in support of the local unit's minimum foundation program of education for the 1965-66 school year, commencing on July 1, 1965, and for each year thereafter shall be calculated as follows:
(1) Multiply the per cent that the equalized adjusted school property tax digest of each county is of the total equalized adjusted school property tax digest for the State as a whole by that portion of the estimated cost of the State-wide minimum foundation program for the fiscal school year to be paid by local funds, calculated in accordance with provisions of subparagraph (2) of this Section. The sum obtained by this multiplication shall be the amount of funds to be raised within a county in support of the cost of providing a minimum foundation program of education in the public schools of the county determined in accordance with the local financial ability of the county. Where two or more counties have merged or consolidated into a single area public school system, the sum obtained by the foregoing multiplication for each of the counties within the resulting area public school system shall be combined and the combined sum shall be the amount of funds to be raised within the area public school system in support of the cost of providing a minimum foundation program of education in the public schools of the area public school system determined in accordance with the local financial ability of the counties within such school system. In those counties of the State which have more than one school system within the county, the amount of local funds to be put up by the several local units of administration within the county in support of the cost of providing a minimum foundation program of education in the public schools of the local unit of administration shall be determined by multiplying the per cent that the equalized adjusted school property tax digest of the respective local unit of administration is of the total equalized adjusted school property tax digest of all local units of administration in the county by the amount of local funds to be raised by or within the county in support of the cost of providing a minimum foundation program of education in the public schools of the county, provided, however, that the equalized adjusted school property tax digest of each independent school system located within a county shall be calculated on the basis of 133 1/3 per cent of the county equalized adjusted school property tax digest of all property located within the territory of the independent school system.
(2) The State Board of Education shall determine the portion of the estimated cost of the State-wide minimum foundation program to be paid by local funds by multiplying the estimated cost of the State-wide minimum foundation program for the school year by the percentage share of the cost of such State-wide program to be paid by local funds on a
39

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State-wide basis. Commencing with the 1965-66 school year, beginning on July 1, 1965, the estimated cost of the State-wide minimum foundation program shall be shared on a State-wide basis of eighty-four per cent (84%) State funds and sixteen per cent (16%) local funds, provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds shall thereafter be increased at the beginning of each subsequent fiscal school year by one percentage point per year for four years, so that commencing with the 1969-1970 fiscal school year the State-wide cost of the minimum foundation program shall be shared on the basis of eighty per cent (80%) State funds and twenty per cent (20%) local funds.

(3) The sum of the equalized adjusted school property tax digest of each county in the State, and of each independent school system located within the several counties in the State, and the sum of the equalized adjusted school property tax digest for the State as a whole, shall be furnished to the State Board of Education by the State Auditor on or before February' 1 of 1965 and each year thereafter. (Acts 1964, pp. 3, 20.)

32-623. Additional Allotment of State Funds. In addition to the fore-

going provisions of this Act, the State Board of Education shall or may,

as the case may be, allot additional funds to local units of administration

for purposes provided for in subsequent Sections of this Act to the extent

that funds may be appropriated by the General Assembly for such pur-

poses. When additional funds are allotted to local units for purposes

hereafter provided for, local units of administration shall provide local

funds to match the State allotment of funds to the extent and in the

manner provided in the subsequent Sections of this Act. (Acts 1964 PD 3

24.)

'

'

32-624. Allotment of Capital Outlay Funds; Rules, Regulations; Etc. -- Capital outlay needs of local units of administration shall hereafter be determined by the State Board of Education on the basis of school system surveys, growth and development patterns within local units of administration, school plant surveys, and such other criteria as the State Board may, from time to time and in its discretion, prescribe and require to be established on a current and long-range basis indicating present and anticipated future capital outlay needs of the several local units of administration. State capital outlay funds hereafter available for construction of capital facilities in or for the use of local units of administration shall be allotted to local units by the State Board on the basis of the respective current and long-range capital outlay needs of the several local units. The State Board shall, in determining the amount of State capital outlay funds to be allotted to or on behalf of a local unit of administration, consider the financial ability of the local unit to furnish local capital outlay funds from any existing unused bonding capacity of the local unit and the willingness of the local unit to provide such local matching capital outlay funds. The State Board is authorized to enter into contracts with local units of administration for allotment of State capital outlay funds and for utilization of local capital outlay funds, in making provision for construction of capital facilities needed by the local unit.

The term "capital facilities", as used in this Act, shall be deemed to include buildings, fixtures and equipment necessary or desirable for the

40

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effective and efficient operation of the public schools and all facilities related or incidental thereto, which, without limiting the generality of the foregoing, shall be deemed to include classrooms, libraries, laboratories, restrooms, equipment rooms, offices, teacher lounges, lunchrooms, lunch-assembly rooms, equipment and fixtures therefore, related exterior facilities, equipment and paving, and such other similar items as the State Board may, in its discretion, deem necessary for the effective and efficient operation of the public schools. The State Board is authorized to establish priorities for construction of such capital facilities for the purpose of making allotments of State capital outlay funds under the provisions of this Section. Capital outlay funds may be allotted to local units of administration for the purpose of constructing, renovating, altering or enlarging capital facilities.
The State Board of Education may, in exercising its discretion in allotting capital outlay funds to local units under this Section, consider, the value to the particular local unit of administration in consolidating two or more schools within the local unit, or the value to two or more adjacent local units of administration in consolidating one or more schools located in each of the adjacent local units of administration provided the boards of education of the adjacent local units contract for the attendance of pupils at such consolidated school, as well as the need for such consolidations, and may allot funds for the purpose of providing facilities for
such consolidated schools.
The State Board of Education shall, notwithstanding any other provision of this Act but in aid of same, have authority, in its discretion, to establish uniform rules, regulations, policies, standards, requirements and criteria respecting all matters pertaining or relating to location, construction equipping operation, maintenance, use and consolidation of schools and school facilities as may be reasonably necessary to assure effective, efficient and economical operation of the schools and all phases of the public education program, and shall, for the purposes of this Section, consider such matters in making future allotments of capital outlay funds. Without in any way limiting the generality of the foregoing, such matters may include method, manner, type and minimum specifications for construction of such facilities and installation of fixtures and equipment therein, amount of space to be provided per pupil, number and size of classrooms, areas to be served by such facilities, and such other matters as the State Board may consider important for such purposes.
In the event any local unit of administration enters into a lease contract with the State School Building Authority for use of facilities of the Authority pursuant to a commitment by the State Board for future allotments of State capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is hereby authorized and directed to monthly, quarterly or annually pay to the Authority such part of such funds to be made available to the local unit of administration under this Section as may be required to meet the terms of such lease contract.
Notwithstanding the foregoing provisions of this Section, the State Board of Education shall hereafter annually allot to or on behalf of each local unit of administration State capital outlay funds sufficient to meet
41

committments for allocation of State capital outlay funds entered into by and between the State Board of Education and the boards of education of local units of administration under the 1951-1952 and 1960-1961 State School building programs. The State Board of Education shall make such allotments of State capital outlay funds from any funds available to the State Board of Education. (Acts 1964, pp. 3, 24.)

32-625. County and Regional Public Libraries; Allotment of Librarians

and State Funds. -- The Staie Board of Education shall annually deter-

mine the amount of funds needed to provide county and regional public

libraries of the State with library books and materials by multiplying

the total population of the State by a sum to be determined by the State

Board which shall be not less than 16 cents per person. Public library

funds shall be apportioned to county and regional public libraries in pro-

portion to the area and population to be served by such libraries in accord-

ance with regulations and minimum public library requirements prescribed

by the State Board. Public library funds apportioned to a county or regional

public library, together with the amount of funds needed by a county or

regional public library for the purpose of paying the salaries of librarians

allotted such library in accordance with regulations established by the

State Board and the State minimum salary schedule for teachers and oth^r

certificated professional personnel, shall be distributed to the local unit

of administration wherein such public library is located. (Acts 1964 DD

3, 27.)

'

32-626. Operation of Summer School Education Programs by Local Units; State Aid. -- The board of education of any local unit of administration may, in its discretion, provide for continued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in this Act for the purpose of providing summer school education programs, to include remedial programs, continuation of prescribed school programs, enrichment school programs beyond prescribed school programs, accelerated school programs for gifted pupils, vocational school programs, special programs of education enumerated or coming within the scope of provisions of section 32-626, and such other education programs as may be approved by the State Board, provided however, that all such programs shall meet and be offered in accordance with minimum standards, requirements and criteria as may be prescribed by the State Board. Teachers and other professional school personnel employed full-time or part-time during such period shall be paid additional salary based on the State minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional State funds shall be allotted to local units in support of such programs unless specific provision is made therefor by the State Board. The State Board of Education is hereby authorized, to the extent that funds may be available, to allot additional State funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional State funds may be allotted local units in support of any one or more of such programs shall be determined by the State Board but shall not in any event exceed the ratio of State funds to local funds' made available to the local unit during the preceding school year in support of the calculated cost of providing a minimum foundation program of education in the local unit during that school year. The State Board is

42

authorized to determine the relative need for establishment of any one or more of the various summer school education programs enumerated above, to establish priorities for implementation of such programs and to allot funds available for this purpose to local units of administration in support of those programs which the State Board may in its discretion, deem to be most worthy of State financial support. (Acts 1964, pp. 3, 27.)

32-627. Year-round operation of Schools. -- In order to promote

greater efficiency and savings through better utilization of existing school

facilities and to prevent over-crowding of classrooms and operation of

public schools on a double-session basis in rapidly expanding school sys-



tems the State Board of Education is hereby authorized, to the extent that

funds may be available for this purpose, to develop and provide for lm-

plemenation of a plan for opertion of public schools on a year-round

basis throughout the State, or in any local unit of administration where the

need for year-round operation due to overcrowded classrooms, operation

of schools in a double-session basis, or other reason, makes such operation

either necessary or desirable. Upon implementation of such program

on a State-wide basis or in any particular local unit of administration,

State funds shall be made available to all local units or to the particular

local unit, as the case may be, for such purposes on the same basis and

at the same ratio at which State funds were made available to the local

unit during the preceding school year in support of the calculated cost

of providing a minimum foundation program of education in the local

unit. (Acts 1964, pp. 3, 28.)

32-628. Contingency Fund for Relief of Hardships, Unusual or Unforeseen Circumstances, and to Encourage School System Consolidations.-- The State Board of Education shall have authority to set up a contingency fund for the purpose of relieving hardships which may be caused by operation of provisions of this Act and to take care of any unusual or unforeseen circumstances. The State Board is authorized to use all or any portion of such funds for the special purpose of encouraging merger or consolidation of local school systems by making an allotment of such funds, on a decreasing scale and for a period of time not to exceed five years, to the school system resulting from such merger or consolidation when, by reason of such merger or consolidation, the resulting school system suffers a loss of State funds under provisions of this Act. Allotments of contingency fund for this purpose shall not in any event exceed the amount of such loss of State funds. Commencing with the 1965-1966 fiscal school year beginning on July 1, 1965, the amount of money that the State Board may place in the contingency fund shall not exceed an amount equal to one per cent of the calculated cost of the State-wide minimum foundation pro-

gram. (Acts 1964, pp. 3, 29.)

32-629 Amount of Funds Needed for School Lunch Program. -- The

State Board of Education shall annually determine the amount of funds

>

needed for the purpose of administering the school lunch program. The State Board may, by regulation, provide for certifying and classifying

school lunch supervisors and managers, establish training programs for

such personnel, and may provide for payment of State supplements to the

salaries paid such persons by local units of administration and State in,

centive pay for satisfactory completion of such training programs. (Acts

1964, pp. 3, 29.)

43

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32-630. Funds for Vocational Education. -- The State Board of Education shall annually determine the amount of funds needed to provide a vocational education program for in-school youth, out-of-school youth, and adults, for teacher training, and for operation of area vocational-technical 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 1964, pp. 3, 30.)
32-631. Policy of State as to Vocational Education. -- It is hereby declared to be the policy of the State of Georgia to leave teachers of vocational subjects in the public school systems of this State under the jurisdiction and control of local boards of education, to provide for a program of vocational education as provided for in section 32-630, and that Federal funds for vocational education shall be expended in carrying out the vocational education shall be expended in carrying out the State plan of vocational education in keeping with the requirements of Federal laws relating to vocational education. The State Board of Education is hereby charged with the responsibility of inaugurating and maintaining adequate facilities and opportunities for training in trade, business, industrial and distributive education, agriculture and home economics in the public schools of local units, or in area vocational-technical schools, where justified by established needs. (Acts 1964, pp. 3, 30.)
32-632. 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 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 in accordance with the State plan of vocational education; nor shall any provision of this Chapter prevent the State Board from accepting and administering other funds which may be made available to it, or for the use of the schools of this State for educational purposes, subject to such limitations as may be imposed in the grant or appropriation of the same. Funds necessary for the purpose of matching federal funds for any project approved by the State Board of Education shall be made available by the State Board from any available funds (Acts 1964, pp. 3, 30.)
32-633. Funds for State Vocational-Technical Schools. -- The State Board of Education shall annually determine the amount of funds needed for operation of State vocational-technical schools established by the State Board of Education. Such funds shall be made available for the operation of such schools under rules and regulations prescribed by the State Board of Education. (Acts 1964, pp. 3, 31.)
32-634. Funds for Vocational Rehabilitation. The State Board of Education shall annually determine the amount of funds needed to provide for a program of vocational rehabilitation. Such funds shall be made available for rehabilitation of handicapped persons in accordance with rules and regulations prescribed by the State Board of Education (Acts 1964, pp. 3, 31.)
44

32-635. Funds for State Schools for the Deaf and Blind. -- The State Board of Education shall annually determine the amount of funds needed for operation of the State schools for the deaf and blind and such other special schools for exceptional persons as may be established by the State Board of Education. Such funds shall be made available for the operation of these schools under rules and regulations prescribed by the State
Board of Education. (Acts 1964, pp. 3, 31.)
32-636. Funds for Public Schools Operated Within Correctional Institutions. -- The State Board of Education shall annually allot additional funds to local units of administration wherein the State Board of Corrections maintains an institution primarily for the detention of persons within school age, and operates within such institution an elementary, secondary or vocational school for the education of such school age children, which shall be sufficient to enable the local unit to furnish certified teachers and other professional personnel to such school and institution in accordance with the State minimum salary schedule, provided, however, that the course of instruction offered in such school shall meet minimum academic requirements and standards prescribed for operation of the public schools of the local unit. The State Board is authorized, in its discretion to make an allotment of additional funds to the local unit for employment of such teachers and other professional personnel for an additional two months during the fiscal school year where the school in such institution is operated on a 12-month basis. (Acts 1964, pp. 3, 31.)

32-637. Longer School Year Terms; Additional Teachers; Salaries. --
The board of education of any local unit of administration may, in its discretion provide for operation of the public schools of the local unit for a school year term longer than the nine-months school year term required by provisions of this Act, and may employ additional teachers and other certificated professional personnel over and above the State allotment of such personnel, provided, however, that all teachers or other certificated professional personnel employed during any period by which the regular school year term is extended or over and above the State allotment of such personnel shall be paid a salary not less than the minimum monthly salary prescribed by the State minimum salary schedule. No additional State funds shall be allotted to local units of administration by virtue of an extension of the regular school year term or employment of such additional personnel by local boards of education. Extensions of school year terms by local boards of education under provisions of this Section shall not conflict with operation of any summer school education programs or year-round operation programs implemented by the State Board under provisions of Sections 32-626 or 32-627. (Acts 1964, pp. 3, 32.)

32-638 Budget and Accounting System Established. -- For the pur-

pose of promoting economy and efficiency in the financial operation

of local school systems, keeping all school expenditures within estimated



receipts and balances, and to facilitate financial review audits of local

school operations with provisions of law, there is hereby established a

uniform budget and accounting system as provided for herein for control

of finances of local units of administration which shall be more fully implemented by regulations established by the State Board of Education.

(Acts 1964, pp. 3, 32.)

45

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32-639. Uniform Records and Accounts. -- Financial records and accounts of local units of administration shall be kept and maintained by the superintendent of schools of local units in such form, classification and manner as prescribed by regulations of the State Board providing for a uniform budgeting system and a uniform system of financial records and accounts for operation of public school systems of the State. The State Board of Education shall, in conjunction with the State Auditor, establish such forms, classifications of accounts, including reserves and sinking fund accounts, codes for data processing machines, regular reporting procedures and budget forms as shall be in accordance with generally accepted public school accounting procedures. Local units of administration shall be required to maintain separate accountings on the various classifications of items provided for in the approved budgets of local units. All accounts required to be maintained by local units shall reflect receipt of all funds received for or on behalf of such accounts the source of such funds, disbursements chargeable to such accounts and such other information related thereto as the State Board may require All local unit accounts required to be maintained by the State Board shall be kept and maintained in such form and manner as the State Board may require, and summary statements of such accounts and financial records of local units, regular reports, and such information as the State Board may require of local units shall be submitted to the State Superintendent of Schools at such times as the State Board may, from time to time, prescribe. (Acts 1964, pp. 3, 33.)
32-640. Information to Be Sent Annually to Local Units of Administration. -- The State Board of Education shall, on or before February 15 of each year, furnish the following information to each local unit of administration:
(a) The State schedule of minimum salaries for teachers and other certificated professional personnel and school bus drivers.
(b) The number of teachers, other certificated professional personnel and school bus drivers allotted to the local unit of administration for the next school year and the basis for allotment of the same.
(c) The calculated amount of funds to be needed by the local unit during the next school year for payment of salaries of teachers and other certificated professional personnel, maintenance, operation and sick leave expenses, purchase of free textbooks, consumable instructional materials and supplies, school library books and non-consumable teaching materials and aids, and for payment of the cost of operating isolated schools the expense of pupil transportation, other authorized travel expenses' and special education programs, and the local units' share of the State cost of operating the public school educational television program calculated in accordance with sections 32-611 through 32-621.
(d) The calculated cost of providing a minimum foundation program of education in the local unit during the next school year and the amount of local funds required to be contributed in support of such program calculated in accordance with provisions of section 32-622.
(e) The amount of additional State funds to be allotted to the local unit during the next school year for capital outlay and other pur-
46

HB^HBBH^BU
poses provided for in section 32-624 et seq., the purpose for such allotments, and the amount of local matching funds, if any, to be put up for such purposes by the local unit. (Acts 1964, pp. 3, 33.)
32-641. Preparation of School Budgets by Local Superintendents of Schools -- Prior to a date to be prescribed by the State Board, the superintendent of schools of each local unit of administration shall, each year, meet and confer with the board of education of the local unit for the purpose of discussing, exploring and determining functions to be performed, services to be rendered, obligations to be met by, and the need for improvement of the local school system during the next fiscal school year and shall submit to the local board of education a report covering the operations of the local school system during the current school year, his recommendations respecting the foregoing matters for the next fiscal school year, and a tentative proposed budget for the next fiscal school year for consideration by members of the board, all of which shall be recorded in the minutes of the Board meeting. The local board of education may direct revisions be made in the tentative budget in such manner as it may deem necessary or advisable. On or before a date to be prescribed by the State Board but subsequent to February 15 each year, the superintendent of schools shall revise the tentative school budget in such manner as may be required by virtue of the information received pursuant to provisions of section 32-640 and directions of the local board, and prepare and submit to the local board at such time a proposed final budget for the next fiscal school year. Except as provided herein, the form and manner in which school budgets shall be prepared shall be prescribed by the State Board. The proposed final budget of the local unit shall reflect an estimate of cash and credits on hand, or deficit, and outstanding fixed and current liabilities, anticipated as of the close of the current fiscal school year; an estimate of receipts reasonably expected to be received by the local unit from all sources, local State or Federal, during the next fiscal school year, the amount expected from each source, and the use for which such funds are allotted or to be used;
an estimate of all expenditures reasonably expected to be made during the next fiscal school year, including reserves, arranged in accordance with classifications prescribed by the State Board, and the amount of local, State Federal or other funds to be used for the purpose of making such expenditures; an estimate of cash and credits on hand, or deficit, and outstanding fixed and current liabilities, anticipated as of the close of the next fiscal school year; the local school tax levy necessary to produce the amount of local funds required to be put up by the local unit pursuant to provisions of this Act and as may otherwise be needed to meet the proposed finad budget for the next fiscal school year, and the anticipated amount of local school funds to be actually produced as a result of such levy the school tax levy to be made and the anticipated amount of funds to be produced thereby; and such other matters as the State Board may require The proposed final budget shall be balanced, shall not require disbursement of more State funds than are to be made available under and in accordance with provisions of this Act, and proposed expenditures to be made during the next fiscal school year, plus reserves, shall not exceed estimated receipts for the fiscal school year, plus uncommitted cash balances expected to be available at the beginning of the fiscal school year. (Acts 1964, pp. 3, 34.)
47


.

32-642. Approval of Budget by Local Board of Education. -- Local boards of education shall receive and examine the proposed final bubget prepared by the superintendent of schools, make or require the superintendent to make such changes therein as the board may deem necessary or advisable, provided the same shall be in conformance with provisions of law applicable thereto, and shall each year, on or before a date to be prescribed by the State Board, tentatively adopt such budget in final form and cause the same, in such form as may be required by the State Board, to be advertised at least one time in a newspaper of general circulation in the local unit of administration. At the next regular meeting of the local board subsequent to advertisement of the budget, the local board of education shall make such revisions in the budget as it may find necessary and proper, adopt a final school budget for the next fiscal school year, and determine the local tax levy to be made in the local unit of administration in support of said budget. Such meeting may be continued from day to day, until such time as such matter is concluded and a final budget adopted by the local board. (Acts 1964, pp. 3, 36.)
of schools of each local unit of administration shall certify and forward to the State Superintendent of Schools two copies of the final budget adopt-
32-443. State Approval of Local Budgets, (a) No later than June 1 of each year the chairman of the board of education and superintendent ed by the local board of education for the next fiscal school year. The State Superintendent of Schools shall examine and prepare a written report on the budget of each local unit and submit a copy of the same to the State Board and the respective local board of education through the superintendent of schools of the local unit of administration within 30 days after the receipt of such budgets or within such other time as the State Board may prescribe, or such budgets shall otherwise stand approved as submitted. The State Superintendent shall, in such report, recommend that the State Board (1) reject the budget, for reasons stated, as not being in conformance with provisions of the school laws or regulations of the State Board adopted in accordance with provisions of this Act- (2) direct that specified changes be made for reasons stated upon the same authority; (3) suggest that certain changes be made; or (4) approve the budget as being in compliance with the schools laws and Board regulations Budgets of local units shall be approved if prepared in accordance with the provisions of this Act and other school laws and regulations of the State Board respecting preparation of budgets prescribed by the State Board in conformance with authority conferred by such laws The State Board shall act on such report within the time to be specified by regulation, by the State Board. The State Board may delegate final authority for approving local budgets to the State Superintendent. Budgets of local units shall not be approved unless such budgets show that adequate provision has or will be made for levy and collection of local tax funds sufficient to enable the local unit to pay its share of the total cost of providing a minimum foundation program of education in the public schools of the local unit determined in accordance with provisions of this Act, over and above other costs of local school operation.

(b) If the budget of a local unit is rejected, or if the local unit is

S witn hinln30

*day^ s fromChraencg6eSiptthoefrsiunc'h

the l0Cal board of
notification, either

reedvuicsaetiothne slhoaclall,

48

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budget in the manner required and resubmit the same to the State Superintendent of Schools or, if not willing to revise the budget, request a hearing thereon before the State Board, in which event a hearing shall be provided the local board of education within 45 days from the date such request is received. If the local board feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision by filing an appeal, within 30 days from the date of such decision, in the superior court of the county of the local unit affected, which appeal shall plainly specify the decision complained of, the questions in dispute, the decision of the State Board, the relief sought by the local board, and the contentions of the local board. Said appeal shall be based upon the record as a whole established at the time of the hearing before the State Board. A transcript of the testimony and other evidence adduced before the State Board at the time of such hearing shall be prepared and certified as true and correct by the State Superintendent of Schools and filed in the court within 30 days after date of service of a copy of the appeal upon the States Superintendent of Schools, or within such other time as the court may allow. The decision of the State Board on appeal shall not be set aside if based upon any substantial evidence in the record, considering he record as a whole. The court may in its discretion, whether or not the same be prayed for in the appeal, remand such matter for future proceedings or findings on such directions or terms as may be specified in he order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court.
re) If a local board of education fails to revise and resubmit a local budget as directed and fails to request a hearing in regard thereto within the time allowed above, the State Superintendent shall revise the budget of the local unit in the respects required, advise the local board of such action and the budget as revised by the State Superintendent shall stand
Proved as the budget of the local unit for the next fisca school year. When changes in budgets of local units are suggested by the State Superpendent the board of education of the local unit, though not required o make such changes, shall consider the same at the next regular meeting of toe local board U thereafter notify the State Superintendent m writin* of the extent to which such recommended changes are adopted. Budget of Tocal units of administration, upon approval by the State as pro videdVein, shall become operative as the official budget of the local unU for the next fiscal school year and shall be strictly adhered to by the local unit of administration. The State Board of location rial], by regulation, provide a method and manner for amendment of school budge?s during the school year. The State Board shall require accounting of all funds by local units of administration. (Acts 1964, pp. 3, 36.)
32-644. Financial Review - The State Board of Education shall establish a financial review section within the Department of Education for he Lied purpose of reviewing the financial records and accounts of ocal units of administration receiving State aid under provisions of to Act so as to insure compliance by local units with proven of this Act other school laws, and rules, regulations and policies of the State Bolk adopted in accordance with provisions of such laws. The provisions
49

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of this Section shall not be deemed to be in conflict with or repeal any provisions of law respecting duties or functions of the State Department of Audits. (Acts 1964, pp. 3, 39.)
32-645. Withholding of State Funds Due to Failure to Provide Local
Funds -- In the event of a local unit of administration fails to provide or use the amount of local funds required to be raised and used by the local unit in support of the cost of the minimum foundation program of education in the local unit during any school year, determined in accordance with provisions of this Act, the State Board of Education shall calculate the percentage which the deficiency in local funds represents of the total local funds required to be raised and used by the local unit and reduce the amount of State funds allotted to the local unit by the same percentage until such time as the local unit provides or uses, as the case may be, the required amount of local funds, or makes adequate provision for providing or using the same to the satisfaction of the State Board. If State funds allotted to a local unit have been distributed to the local unit when such failure of the local unit is ascertained, or if an audit of operations of the local unit shows that the local unit did not during the preceding or a past fiscal school year actually provide or use the amount of local funds required by provisions of this Act and the approved local budget of the local unit for that year, the State Board of Education shall, for the next ensuing fiscal school year, reduce the amount of State contributed minimum foundation program funds to be alloted to the local unit by an equivalent amount of money and correspondingly increase the amount of local funds to be supplied by the local unit for that fiscal school year by the same amount of money. The State Board of Education shall in any event, before withholding or reducing the amount of State funds to be distributed to a local unit under this Section, notify the local unit of the intention of the Board to withhold or reduce the allotment of State funds to the local unit, and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before the State Board before such funds are withheld or reduced provided such hearing shall be requested by the local board of education within 30 days from receipt of notification of such intention of the State Board. If the local board feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the State Board, by filing an appeal in the superior court in the same time and manner as provided in section 32-643 for appeals from decisions of the State Board respecting local school budgets, and such appeals shall take the same course as therein provided for. (Acts 1964, pp. 3, 39.)
32-646. State Bids on Standard Items of School Equipment, Supplies and Services. --
(a) The State Board of Education shall, from time to time, determine, through study and after consultation with the State Supervisor of Purchases, representatives of local units of administration, and such others as the Board may deem it advisable to consult with, whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State Department of Education and the State Supervisor of Purchases on standard items of school equipment, supplies or services, or other standard expenses,
50

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to be designated by the State Board, ordinarily needed, procured or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. If the State Board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the State Board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such times as the State Board shall prescribe, report the probable annual requirement of the local unit for such standard items to the State Board and the requested time for future delivery of such items. The State Board shall compile such requirements and submit a compilation of the same to the State Supervisor of Purchases together with such other information as may be needed or otherwise requested by the State Supervisor of Purchases for the purpose of advertising for bids for a uniform State price on such items.
(b) The State Supervisor of Purchases shall advertise for bids for supply of such items in the same manner followed for State purchases, provided, however, that the State Supervisor of Purchases shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single State price applicable to all local units of administration, that payment for such items as may be purchased by local units shall be made by the respective local units of administration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The State Supervisor of Purchases shall, upon receipt of bids, process the same in the same manner followed for State purchases and promptly notify the State Board of Education of the name of the successful bidder, the bid price, the terms of delivery guaranteed by the successful bidder, and such other available information as may be required by the State Board. The State Board shall promptly forward such information to all local units of administration.
(c) Local units of administration are free to obtain competitive bids from vendors on such standard items of school equipment, supplies, services or expenses, based upon uniform specifications established for such items by the State Board, and may purchase such items from the vendor submitting the best bid therefor to the local unit whether or not for the bid price of such vendor is greater or less than the State bid price for such items, the State Board shall, when computing standard costs for allotment of State funds, disallow the excess cost paid for such items by the local unit. The State Board shall prescribe regulations necessary for implementation and enforcement of provisions of this Section, and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase, distribution, use and maintenance as the case may be, of school equipment, supplies, services, and expenses as may be designated by the State Board whether or not State bid prices are obtained on such items. (Acts 1964 pp. 3, 40.)
32-647. Distribution of State Funds -- The State Board of Education shall, by regulation, provide for distribution of State funds allotted to local
51

mm mmmmmmmmmmm
units under this Act and budgets approved by the State Board. In determining the time and manner for distribution of State funds, the State Board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration, and is hereby authorized to provide for distribution of State funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the State allotted funds, provided State funds appropriated for such purposes are available at such times. State funds to be distributed to local units under provisions of this Act shall be withdrawn from the State Treasury on executive warrants based upon requisitions to be signed by the State Superintendent of Schools, which shall be signed in accordance with the provisions of such regulations and directions of the State Board, and shall be disbursed to local units by the State Treasury upon order of the State Superintendent of Schools. (Acts 1964, pp. 3, 42.)
32-648. Initial and Mid-term Adjustment of Allotments of Personnel and State Funds -- The State Board of Education shall, when allotting teachers and other certificated professional personnel to local units of administration under sections 32-611 and 32-612, determine the rate and perc-i-tnT" of increase or decrease in average daily attendance of pupils in the several local units of administration for the preceding five year period, and shall adjust the initial allotments of such personnel to local units under sections 32-611 and 32-612 so as to allot teachers and other certificated professional personnel for the next fiscal school year on the basis of the estimated average daily attendance of pupils in the local unit during the next year. In using the average daily attendance of pupils during the first four months of the preceding school year in making initial allotments of such personnel, as provided in sections 32-611 and 32-612, in the event only that the average daily attendance in any one of such months shall be more than 15% lower than the average daily attendance for such remaining three months, the State Board shall allot teachers and other certificated professional personnel to such local unit based on the average daily attendance in the three of such four months having the highest average daily attendance. The State Board shall, during the next fiscal school year, require submission of official reports of enrollment and attendance of pupils by local units of administration. Whenever the official attendance reports of any local unit shall show an increase in enrollment or average daily attendance of pupils during the current school year, the State Board of Education shall, at least semi-annually during such school year, increase the State contributed minimum foundation program funds allotted to such local unit at the beginning of the current school year under sections 32-611 through 32-615, in proportion to the current increase in enrollment and average daily attendance of pupils in the local unit and in accordance with the provisions of this Act. The State Board shall not reduce the amount of State contributed minimum foundation program funds which were allotted to any local unit for the current school year by reason of a current decrease in the enrollment or average daily attendance of pupils in the local unit. The State Board shall, at the beginning of each fiscal school year, set aside from the total appropriation for educational purposes an amount of money deemed sufficient to meet the needs of such mid-term adjustments. (Acts 1964 pp. 3, 43.)
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32-649. Reduction in Allotment of State Funds Due to Inadequate Appropriation -- The State Board of Education shall, to the extent necessary, reduce the amount of State funds to be allocated to local units in support of the minimum foundation program or in support of any of the purposes for which State funds might be allotted to local units under provisions of this Act if the amount of State funds appropriated in support of said program or in support of any one or more of the purposes for which allotments of funds are hereby provided for is not adequate to finance the cost of the State portion of said program or such purposes determined in accordance with the provisions of this Act. (Acts 1964, pp. 3, 44.)
32-650. Pupils Attending School in Adjacent Local Units of Administration; Allotment of State Funds; Contracts Between Local Units--Notwithstanding the foregoing provisions of this Act and other school laws, the State Board of Education is hereby authorized to provide by regulation, a procedure and manner whereby a pupil shall, for such compelling reasons and circumstances as may be defined and specified by the State Board, be permitted to attend and be included as an enrolled pupil in average daily attendance in the public schools of a local unit of administration immediately adjacent to the local unit of administration wherein the pupil resides for the purpose of allotting State funds under provisions of this Act, notwithstanding absence of an agreement between the two adjacent local units and a refusal by the board of education of the local unit wherein the pupil resides to voluntarily approve such transfer of the pupil to the public schools of the adjacent local unit, provided, however, that the board of education of the adjacent local unit is willing to receive and permit such pupil to enroll in and attend the public schools of such local unit. The State Board shall adopt such rules, regulations and policies as may be necessary for implementation of this Section. Grant or refusal of permission for pupils to attend such schools, for the purpose of permitting State funds to follow such pupils, shall be entirely discretionary with the State Board and shall, in the absence of a clear abuse of discretion by the Board, be final and conclusive. Local units of administration may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform. (Acts 1964, pp. 3, 44.)
32-651. Student Honors Program. -- The State Board of Education is hereby authorized to inaugurate a student honors program for pupils in the public high schools of this State who have manifested exceptional abilities, unique potentials, or who have made exceptional academic achievements. Such program may be conducted during summer months between normal school year terms at institutions of higher learning or other appropriate centers within this State with facilities adequate to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria to be established by the State Board, and operating and pupil costs and expenses may be paid by the State Department of Education from funds made available for this purpose by the State Board. The State Board is authorized to enter into cooperative agreements with the Board of Regents for operating and sharing the costs of such programs. (Acts 1964, pp. 3, 45.)
53

32-652. Educational Research -- The State Board of Education is hereby authorized to engage in or to otherwise make provision for educational research into all phases of operation of public school systems and Into all methods of instruction and education of children and youth; to sponsor conferences, study groups and workshops, and to conduct research or education demonstrations, experimentation, field tests and such other projects as may, in the opinion of the Board, tend to support, improve or strengthen the public school system of this State, the quality of education provided Georgia's children and youth in the public schools of this State and the qualifications and technicals skills of professional personnel employed in the public schools of this State, and is hereby authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with public school systems and public and private educational institutions and agencies within or without the State for such purposes. The State Board may provide for the allotment of education funds for the purposes provided for in this Section. (Acts 1964, pp. 3, 45.)
32-653. State Agency for Surplus Property; Co-operative Aar^sments. --The State Board of Education is hereby authorized to establish and operate a State Agency for Surplus Property for the purpose of distributing surplus properties made available by the Federal Government under provisions of Public Law 152, 81st Congress, as amended, to institutions, organizations, agencies and others as may now or hereafter be eligible to receive such surplus properties pursuant to applicable provisions of Federal law. The State Board of Education may enter into or authorize the State Agency for Surplus Property to enter into cooperative agreements with the Department of Health, Education and Welfare of the Federal Government for the use of surplus properties by the State Agency, and for providing administrative assistance in the transfer of title to real property from the Federal Government to institutions, organizations, agencies, and others as may now or hereafter be eligible to receive such properties pursuant to applicable provisions of Federal Law. (Acts 1964, pp. 3, 46.)
32-654. Organization of the State Department of Education. -- The
State Board of Education is hereby authorized after consultation with the State Superintendent of Schools, to organize and re-organize the State Department of Education and the various offices, divisions, sections and units thereof and to prescribe the duties, functions and operations of each at such times and in such manner as the State Board may deem necessary or desirable for the more economical or effective organization, administration or functioning of the Department. (Acts 1964, pp. 3, 46.)
32-655. Use of Georgia Products. -- In the purchase of, or in contracting for, any supplies, materials, equipment or services by the State or local units of administration, preferential consideration shall be given to local industries and to supplies, equipment, materials and equipment manufactured or produced in the State of Georgia, where not inconsistent with overriding policies herein established, provided such preference shall not result in any sacrifice or loss in price or quality. (Acts 1964, pp. 3, 47.)
32-656. Withholding of Funds from Local Units; Appeal. -- In the
event a local unit of administration shall fail to comply with any provis-
54

I^MHBnBB^HHB
ion of this Act or other school laws, or any provision of rules, regulations, policies, standards or requirements established by the State Board, or the terms of any contract with the State Board, the State Board may, in its discretion, withhold from such local unit all or any part of the Statecontributed minimum foundation program funds allotted to such local unit under provisions of this Act until such time local unit under provisions of this Act until such time as full compliance is made by the local unit. The State Board shall, before withholding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The Board of Education of the local unit shall be entitled to a hearing on such matter before such funds are withheld provided the local board requests such hearing within 30 days from receipt of such notification. If the local Board of Education feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the State Board, by filing an appeal in the Superior Court of the county of the local unit affected, in the same time and manner as provided in section 32-643 for appeal from decisions of the State Board respecting local school budgets, and such appeal shall take the same course as therein provided for. (Acts 1964, pp. 3, 47.)
32-657. Act to be Administered Pursuant to Budget Laws. -- The standards set forth in this Act in sections 32-611 through 32-622, and in such other Sections as such minimum requirements for funds shall appear, shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this Act shall be construed as amending or modifying in any way Code Chapter 40-4 known as the "Budget Act" as provided in an Act approved February 12, 1962 (Ga. L. 1962, p. 17), as amended, or any appropriation Act which is presently in force and effect. The State Board of Education shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by the provisions of such Budget Act, such appropriation Acts, and all other laws of general application pertaining to the handling and expenditure of State funds, none of which Acts or laws are amended, modified or repealed by this Act unless specifically so provided in this Act. (Acts 1964, pp. 3, 47.)
PART V
TEXTBOOKS IN PUBLIC SCHOOLS
Note: Code Sections 32-701, 702, 703, 704, were repealed by Acts 1937, pp. 896, 897.
32-705. Addition to the State course of study. Bible reading. Health and hygiene, the nature of alcoholic drinks and narcotics, the elements and principles of agriculture, and the elements of civil government shall be taught in the common or public schools as thoroughly and in the same manner as other like required branches, and the board of education of each county and local system shall adopt proper rules to carry the provisions of law into effect: Provided, however, that the Bible, including the Old and
55


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 America I institutions and ideals. All schools and colleges sustained or in any manner supported by public funds shall give instructions 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 America^ institutions and ideals, and no student in any school or college shall reeeive a certificate of graduation without previously 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 States 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 school superintendent or the superintendent of independent school systems, to exercise a choice as between books so listed or adopted for any particular grade. (Acts 1937, pp. 896, 897.)
32-708. Selection and purchase of free textbooks. Books to contain nothing partisan or sectarian. The State Board of Education may provide for the selection and purchase of free textbooks either by multiple listings or uniform adoption or by any other method that will enable the acquiring of acceptable books at the lowest possible cost: Provided, such adoption or multiple listings shall in no event constitute a binding contract until ratified in writing by the Board of Education. None of said books so purchased shall contain anything of a partisan or sectarian nature. (Acts 1937, pp. 896, 897.)
32-709. Committees of educators to examine books and recommend. The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this State to examine textbooks and make recommendations thereon to the State Board of Education. Such committee or committees shall consist of such number of educators as the Board may deem advisable, not exceeding five in each instance. They shall serve for such time and for such duties as the State Board of Education may prescribe, and receive such compensation as may be fixed by the State Board of Education. (Acts 1937, pp. 896, 897.)
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.
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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 fre textbooks. The State Board of Education shall, under such rules and regulations as it may deem advisable, provide for purchasing, cohering, 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.)
Note: This provision would seem to have been at least partially superseded by Acts 1964, pp. 3, 14 (Code 32-614.)
32-712. Repairing and rebinding books.-The State Board of Education is further empowered, in such manner as may seem to it best for the purpose, to restore, repair, recover, or rebind, or to contract for restoring, repairing, recovering, or rebinding any and all books used in the public schools of the State furnished by the Board of Education under this Chapter for the purpose of restoring and extending the use of the books. (Acts 1937, pp. 896, 898.)
Note: This provision would seem to have been at least partially superseded by Acts 1964 pp. 3, 14 (Code 32-614.)
35P713. 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 publiser to any other school or school authority for substantially the same book. (Acts 1937, pp. 869, 898.)
Note: This provision would seem to have been at least partially superseded by Acts 1964, pp. 3, 14 (Code 32-614.)
32-714. Elementary and high school grades. For the purposes of this Chapter the elementary grades shall embrace grades one to seven, inclusive, and no other; and the high school grades shall embrace grades eight to twleve 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 to be extended to State Institutions. The State Board of Education shall extend the provisions of this section under such rules and regulations as are prescribed by it for the distribution of textbooks, library books and other school supplies for the public school systems of this State to the Georgia School for Mental Defectives, the Georgia Training School for Boys, Georgia Training School for Girls, or Divisions or Branches of said Institutions and all of the schools for the deaf and blind which are operated by the State and all of the branches thereof as provided for under this Act. (Acts 1937, pp. 896, 899; 1961, p. 421.)
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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,
OoVJ

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 purposeProvided, however, that, if funds sufficient to furnish free textbooks for all grades shall not be available at any time, the Board shall give preference
511 ? e,KmtntfyiFadeS' Starting With the lower grades> ^d furnishing free textbooks to the higher grades as rapidly as funds are available for that purpose. (Act 1937, pp. 896, 899.)

u

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,oeal

boards

fo

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or

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use

of

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,, 3, v^ f Education sha11 ^ 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.)

y

*u- 372'- Loeal b0ards may furnish free or maV rent books. Nothing in this Chapter shall be construed to prevent the boards of ducaS f various counties and independent systems from furnishing free textbooks or school supplies from local funds or furnishing such textbooks andschoo supphes 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)

h~n32;722' ^h,ere b0lCS ehan9ed l0Cal board t0 be compensated for books W7. J , ; renfC<J- In thSe muniPalities and counties whereintoe 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 it

m J2?23' ,BOaud 9iVCn 9en6ral P0Wer * provid'a for "ho*" book system In addition to the powers hereinbefore granted to the State Board of Educa tion to provide free school books to the pupils of the public schools of toe
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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.)
PART VI
MISCELLANEOUS PROVISIONS
LOCAL OPTION SCHOOL CLOSURE
32-801. Election to suspend operation. Any county, city or other local school system board of education may at any time, by resolution of a majority of the members, call an election on the question of suspending operation of the public schools under said board's jurisdiction; provided, that it shall be the duty of said board to call such an election when a petition signed by at least fifteen (15%) per cent, of the registered voters residing within the local system is presented to the board requesting such an election. (Acts 1961, pp. 31, 32.)
32-802. Call of Election. Ballots. A certified copy of the resolution calling an election under section 1 hereof shall be delivered to the Ordinary, and it shall be his duty within not less than five (5) days after receipt thereof to issue a call for such election by publishing notice of the time and place thereof once a week for two (2) weeks (without regard to the number of days) in the newspaper in which county advertisements are published. Said election shall be called to be held by the Ordinary not less than fifteen (15) nor more than thirty (30) days after the call thereof by the Ordinary. Only persons qualified to vote for members of the General Assembly within the limits of the system affected shall be entitled to vote in such election. The ballots to be used in such election shall have imprinted thereon the words "For Suspension of Public Schools in (name of system)", and, "Against Suspension of Public Schools in (name of system)." The Ordinary shall canvass the ballots and certify the results thereof to the local board
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of education. The cost of conducting all elections under this Act shall be paid from county funds as now provided for general elections. (Acts 1961, pp. 31, 32.)
32-803. Suspension of Schools. If a majority of the qualified voters voting in said election vote in favor of suspending operation of the schools in such local system, it shall be the duty of the local school board thereof to suspend operation of said schools and to close same, in which event the board shall take all steps necessary to preserve and protect school properties during and after such suspension. After such suspension, the local board of education and superintendent shall continue to function for the purpose of administering such duties as may be authorized or required by law. Such suspension shall not affect the contracts of any principals, teachers and other school personnel with the local system, but all such persons shall continue to receive the salary or other compensation thereunder provided until such time as other suitable and adequate employment is obtained, but in no event to continue beyond the contract term; nor shall such suspension impair the obligation of any other indebtedness incurred by the local system for the operation of public schools prior to suspension, or for temporary loans, or for capital outlay, whether by bonded indebtedness, rentals due under lease contracts with the State School Building Authority, or otherwise. (Acts 1961, pp. 31, 33.)
32-804. State funds to continue. Where a local school system has suspended operation of its public schools as herein provided, such system shall continue to receive state funds in amounts computed by the State Board of Education, so far as possible, in accordance with laws now or hereafter in force governing the allocation and distribution of state funds for educational purposes to local units of administration. Such funds shall be allotted in such manner as will insofar as possible reflect the amount of state money which such local school system would receive if the public schools were open during the school year in question. (Acts 1961, pp. 31, 33.)
32-805. Election to Reopen Schools. Any local board of education may at any time by resolution of a majority of the members, call for an election on the question of reopening the public schools under its jurisdiction; provided, that an election shall be called by the board when a petition signed by not less than fifteen (15%) per cent of the qualified registered voters residing within the local system is presented to the board. Such election shall be called, advertised, financed and conducted in the same manner as hereinbefore provided for elections on the question of suspending operation of the schools. The ballots shall have imprinted thereon, "For Reopening of Schools in (name of system)," and "Against Reopening of Schools in (name of system)." If a majority of the voters in such election vote in favor of reopening the schools, it shall be the duty of the local board to accomplish such reopening at the earliest possible date, but not later than 30 days after said election. (Acts 1961, pp. 31, 33.)
32-806. Success've Elections. When for the same school year, there has been an election on the question of suspending or reopening the schools in a given local system, it shall be discretionary only and not mandatory with the board thereof as to whether a second election on either of such ques-
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tions shall be held, notwithstanding the filing with the board of a petition as hereinbefore provided. (Acts 1961, pp. 31, 34.)
32-807. Compulsory attendance suspended. When the schools have been suspended in any local system under this Act, the compulsory school attendance law shall become inoperative in such system, and no child in such system shall be entitled as of right to attend a public school therein or elsewhere. (Acts 1961, pp. 31, 34.)
32-808. "Local school system" Defined. As used herein, the words "local school system" shall mean and include all county, city, independent and other public school systems in existence in this State, whether created before or after the Constitution of 1877. (Acts 1961, pp. 31, 34.)
OTHER MISCELLANEOUS PROVISIONS
32-809. Leases of school property by political subdivisions for private school purposes. The various counties, cities, municipalities, county boards of education, city boards of education and governing bodies of independent school districts or systems of this State shall have authority to lease any school house or other school property for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the operation of a private school, provided that said lease shall be for a period not longer than five years. (Acts 1956, p. 10.)
32-810. Same; applicability of law. The provisions of this section and section 32-809 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. (Acts 1956, p. 10.)
32-811. Rep*aled by Ga. Laws 1962 pp. 552, 558.
32-812 State Board of Education. Educational services for mentally retarded children. The State Board of Education shall have the authority to provide educational and training services for severely mentally retarded children for whom public school classes are not available by any one or more of the following methods:
(1) By contacting with suitable private organizations inside or outside the State of Georgia for the provision of such services;
(2) By making grants to the parents of such children for use by them in obtaining such services; or
(3) By entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services. The board shall have the power and right to promulgate any rules, regulations and standards and to establish the terms and conditions governing the provision of state aid hereunder, 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 this Act.
(4) The State Board of Education is hereby authorized, in addition to other authority herein granted, to establish, operate and maintain such
61

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facilities it deems necessary to provide educational and training services for mentally retarded children. (Acts 1958, pp. 206, 207.)
32-813. Grants for education; purpose of law. The General Assembly of Georgia, being mindful of the primary obligation of the State of Georgia to provide an adequate education for the citizens of this State under Article VIE, Section I, Paragraph I ( 2-6401) of the Constitution of Georgia, and mindful of the authority vested in the General Assembly under Article VIE, Section XIII, Paragraph I ( 2-7502) of the Constitution of Georgia
to discharge all obligations of the State to provide an adequate education for its citizens by providing for grants of State, county or municipal funds to such citizens for educational purposes, and being further particularly mindful of the need for a literate and informed society in all events, does hereby declare it to be the purpose and intent of this law ( 32-813 through 32-819.3) to encourage and aid the education of all children of this State by implementing the provisions of Article Vni, Section XIII Paragraph I ( 2-7502) of the Constitution of Georgia by making provision for payment of education grants from public funds, to the extent and in the manner as herein provided. (Acts 1962, pp. 552, 553.)
32-814. Same; definitions, (a) "Parents" shall mean the natural or adoptive parent(s), legal guardian, or other person(s) standing in loco parentis to or having legal custody of a child eligible and entitled to receive an education grant under this law ( 32-813 through 32-819 3) who is actually paying or who will pay the tuition cost of attendance of such child at a school which qualified such child to receive a grant pursuant to this law.

(b) "Local school system" shall mean and include all county, city,
independent and all other public school systems in existence in this State'
whether created before or after adoption of the Constitution of 1877 (Acts 1962, pp. 552, 553; 1963. p. 514.)

32-815. Same; eligibility for grant. Every child between the ages of six

and 19 residing in this State who has not finished or graduated from high

school and who is otherwise eligible and qualified to attend the elementary

and secondary public schools of the local school system wherein such

child resides shall, in lieu of attending the public schools of such local

school system, be eligible to receive an education grant to be expended

for the purpose of paying or otherwise defraying the cost of tuition

at a nonsectanan private school located in any State of the United States

or a public school located outside this State but within some other State

of the United States, in the amount, manner, and subject to the provisions

of this law ( 32-813 through 32-819.3). (Acts 1962, pp. 552, 554; 1963 p

514.)

'

32-816. Same; amount of payment. The amount of each education grant that may be paid under this law ( 32-813 through 32-819 3) per school year shall not exceed the actual amount expended or to be expended by parents in payment of the tuition cost of attendance of their chi d or ward at a school which by the terms of this law qualified such child to receive such grant, or the average State cost per pupil in average daily attendance in the public schools of this State for the school year immediately preceding the school year for which the education grant is

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to be paid, to be determined by dividing the State-wide average daily attendance figure in the public schools of this State during the preceding school year into the total amount of State education funds allotted to all public school systems of this State for the preceding school year under the minimum foundation program of education laws (excluding State allotments for capital outlay purposes), whichever of the two sums is the lesser. Only one education grant shall be paid on behalf of any school child eligible to receive a grant during any one school year per'od as defined by law. (Acts 1962, pp. 552, 554; 1963, pp. 514, 515.)
32-817. Same; determination as to need for grant, applications. No
grants shall be paid to any person in any county or municipality of this State, unless the need for the payment of such grants in a county or municipality has been determined as hereinafter provided. The county board of education and the governing authority of the county shall meet during the month of April each year to investigate the request for grants in such county, and may meet on the call of the governing authority at any other time to make such determination. In the event it is determined that such need does exist, a resolution to that effect must be passed by the board and the governing authority at such joint meeting. In the case of a municipal school system, the board of education thereof, the governing authority of the municipality involved and the governing authority of the county shall meet during the month of April each year to determine whether a need for such grants exists in the municipality, and may meet on the call of the governing authority at any other time to make such determination. In the event it is determined that such need does exist, a resolution to that effect must be passed by the board, the governing authority of the municipality involved and the governing authority of the county at such joint meeting. If it is determined that a need exists and a resolution to that effect is adopted as provided for hereinbefore, applications for grants shall be filed by parents of children eligible to receive grants under this law ( 32-813 through 32-819.3), with the superintendent of schools of the local public school system, where such children are entitled by law to attend the public schools, free of any tuition. Applications shall be made in writing in such form, manner and time and shall contain such information as the State Board of Education shall prescribe. All such applications shall be turned over to the local board of education, reviewed by such board, and approved or disapproved by such board within 30 days after the date of filing with the local superintendent of schools. (Acts 1962, pp. 552, 554; 1963, pp. 514, 515.)
32-818. Same; rules and regulations by State Board of Education. The
State Board of Education shall prescribe reasonable rules and regulations providing for the administration of this law ( 32-813 through 32-819.3) under the State Superintendent of Schools. Said board may also prescribe all forms and reports deemed necessary for implementation of this law. Such rules and regulations shall prescribe the minimum academic standards that must be met by any nonsectarian private school attended by a child in order to entitle such child to an education grant under this law: Provided, however, such minimum academic standards as may be prescribed shall not exceed or be more stringent than the minimum academic standards applicable to the public elementary and secondary schools of this State. Such rules and regulations shall not deal in any manner
63

with the requirements of nonsectarian private schools relating to eligibility of pupils that may be admitted thereto, or with the physical plant facilities of any private schools. The State Superintendent of Schools may require each school to furnish him such information and records as may be deemed necessary to enable him to make a determination as to whether such school shall be eligible under the provisions of this law. A failure by any school to produce all such information and records as may be requested shall be grounds for the Superintendent to omit the name of such school on the list of schools furnished to the local boards of education as hereinafter provided. (Acts 1962, pp. 552, 555; 1963, PD. 514, 516.)
32-819. Same; information required of applicants; hearings upon applications; appeals. The local boards of education shall be bound by the list of schools which the State Superintendent of Schools shall furnish. The local boards of education may require applicants for grants to furnish such information as may be deemed necessary to enable such board to pass upon such application. A failure by the applicant to produce all such information and records as may be requested shall be grounds for denying the application without further investigation. In the event any application is denied, the local board shall give written notice thereof by mail to the parents applying therefor. Within 10 days after receipt of such notice, said parents may file written request for hearing with the board, in which event such a hearing shall be afforded in not less than 10 days from the date of receipt of such request. Any parents, school or institution adversely affected by any final determination made by the board as above provided may obtain review thereof by appeal to the State Board of Education, which appeal must be filed in writing not less than 15 days after such final determination. In all other respects, all such appeals to the State Board of Education shall be made and determined in accordance with the rules and regulations of the State Board governing appeals from local boards of education. (Acts 1962, pp. 552, 555; 1963, pp. 514, 517.)
32-819.1 Same; children receiving grants not under Minimum Foundation Act. School children receiving education grants under this law ( 32-813 through 32-819.3) shall not be considered as being in daily attendance in any local school system of this State for the purpose of allotment and distribution of State funds under the Minimum Foundation Program of Education Act, approved February 24, 1949 (Ga. L 1949 p 1406, Chapter 32-6). (Acts 1962, pp. 552, 556; 1963 pp. 514, 518.)
32-819.2. Same; estimates of budgetary requirements. All grants approved and paid by the local boards of education shall be paid out of existing and available school funds allocated to such local systems by the State for educational purposes and from educational funds derived from local sources. The local system shall receive a refund relative to the amounts paid out in education grants in the amount and under the formula provided for hereinafter. The local school system board of education shall share in the cost of the educating grant in the same proportion as it shares in the cost of the Minimum Foundation Program of Education for such local system. The amount arrived at under such formula shall be paid by the State Department of Education to the local system at the time and under the procedure prescribed by the State Board of Education. The State Board of Education shall include in its
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estimate of financial requirements to be filed with the Budget Bureau, as required by law, an estimate of the amount of funds which may be needed during the next appropriations period for the purpose of paying the State's portion of the grants provided for under this law ( 32-813 through 32-819.3). The General Assembly shall make adequate provision therefor in appropriating funds to the State Department of Education. The local school systems may, at their election, utilize local education funds to supplement the amount of State funds and the local funds paid under the formula set out hereinbefore. Any such supplemental funds used shall be expended in the amount and under the procedure prescribed by the local board of education. (Acts 1962, pp. 552, 556; 1963, pp. 514. 518.)
32-819.3. Same, use of local funds, (a) All local school systems shall have the same power and authority to appropriate and utilize local education funds for the purpose of paying grants as such local systems now or hereafter possess for the purpose of operation of the local public schools.
(b) Notwithstanding any provisions of law limiting the power of counties to levy taxes and appropriate funds for use in the county school system for educational purposes, or limiting the power of municipalities to levy taxes and appropriate funds for use in independent school systems for educational purposes, and in addition to any powers now granted counties and such municipalities by existing law to levy taxes and appropriate funds for educational purposes, the governing authorities of every county in this State and of every municipality authorized by law to maintain existing independent school systems, whether or not such independent school system was created before adoption of the Constitution of 1877, are hereby authorized and empowered by this law ( 32-813 through 32-819.3), pursuant to authority conferred on the General Assembly by Article VHI, Section XIH, Paragraph I of the Constitution ( 2-7502), to appropriate and expend any available local tax funds of such county or municipality to pay education grants. (Acts 1962, pp. 552, 556; 1963, pp. 514, 519.)
32-820. Bonds of public school principals; conditions; payment of premiums. Any person now employed as principal and any person upon entering into employment as principal of any public school of this State shall execute a bond in an amount fixed by the local board of education having jurisdiction over such school. Said bond shall be made payable to such local board of education and shall be conditioned upon faithful and true accounting for all public and other funds and all property coming into such principal's custody, control, care or possession. The premiums of such bonds shall be paid by the local board of education out of the county educational fund. (Acts 1959, p. 159.)
32-821. Forms or books for accounts to be distributed to principals. The State Department of Education shall prepare forms or books, or both, in which shall be kept the accounting of the funds and property by said principals as herein provided for. Such forms or books, or both, shall be distributed, free of charge, by the Department of Education to each local school board in this State and in a sufficient quantity as will satisfy the needs of that particular system. (Acts 1959, p. 159.)
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32-822. Quarterly reports by principals; inspection of books by local board of education; accounts to be maintained in auditable order. The principal of each public school shall make a quarterly report to the local board of education immediately upon the end of each quarter of the fiscal year and said report shall contain an account of all receipts and expenditures of such funds during the past quarter and a complete property inventory. The local board of education may at this time or at any time during the school year demand to inspect all books, records and accounts of such funds and property. The principal of each public school shall keep his books, records and accounts in good auditable order at all times and shall make them available to the local board of education. (Acts 1959 pp. 159, 160.)
32-823. Bonds of principals governed by Chapter 89-4. All bonds executed under the authority of this law ( 32-820 through 32-824) shall be subject to and governed by all the provisions of Chapter 89-4, relating to official bonds, which are not in conflict herewith. (Acts 1959, pp. 159. 160.)
32-824. Public school systems established prior to Constitution of 1877 exempt from sections 32-820 through 32-824. This law ( 32-820 through 32-824) shall not apply to public school systems established prior to the adoption of the Constitution of 1877. (Acts 1959, pp. 159, 160.)
32-825. Financial assistance to school districts where parents employed by the State. For any school district wherein three per cent or more of the children in average daily attendance have parents or guardians who live or work full time on State-owned porperty, the State Board of Education shall, within the first 90 days of each fiscal year, make an allotment out of the funds appropriated for educational purposes in an amount and under the formula provided for hereinafter (Acts 1962, p. 71.)
32-826. Same; information to State Board of Education. In any such school district it shall be the duty of the superintendent of such school district within 30 days prior to the end of each fiscal year to submit the following information to the State Board of Education:
(a) The total number of children attending the common schools including elementary grades and high school grades within the school district. Said total number of children shall be based on the average daily attendance of such schools.
(b) The total number of children attending said common schools whose parent or guardian lives or works full time on property owned by the State of Georgia. Said total number shall be based on the average daily attendance at such schools.
(c) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agencies for educational purposes for the current fiscal year. (Acts 1962, p. 71.)
32-827. Same; determination of averages. -- The State Board of Education shall determine an average per pupil amount by dividing the total as determined by section 32-826, subparagraph (c) by the total as determined by section 32-826, subparagraph (a). (Acts 1962, pp. 71, 72.)
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32-828. Same; allotment of funds. The State Board of Education Shall after making the determination as required by section 32-827 make an allotment to the school district for which such determination was made in an amount equal to 50 per cent of the amount determined by multiplying the amount determined by section 32-827 by the amount determined by section 32-826 subparagraph (b). (Acts 1962 pp. 71, 72.)

32-829. Same; verification of information; adjustment of funds. The
information required by section 32-826 may be verified by the State Board of Education. In the event the State Board of Education determines that the information is not accurate, the funds allotted by this law ( 32-825 through 32-831 shall be increased or decreased as found by their determination, and in the event the funds allotted by this law have been paid to the school district involved, the State Board of Education shall, if their determination should show an overpayment, deduct the overpayment from any allotment made to the school district involved from any funds allotted to said school district from State appropriations. Acts 1962, pp. 71, 72.)
32-830. Same; rules and regulations. The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administration of this law ( 32-825 through 32-831). (Acts 1962,
pp. 71, 73.)

32-831. Same; funds to be in addition to other funds; when reduced.
The funds appropriated by virtue of the terms of this law ( 32-825 through 32-831) shall be in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropriations allotted by this law shall in no way be construed as to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law: Provided, however, if the annual income of the State of Georgia for each fiscal year shall fail to be sufficient to pay fully the entire appropriations made by the Appropriations Act, the funds appropriated by this law shall be reduced in a proportionate ratio to all other funds appropriated by
the General Assembly. (Acts 1962, pp. 71, 73.)

32-832. Sick leave for school bus drivers. Each person employed as

a school bus driver in any public school of this State shall be entitled to

sick leave with full pay, if and when sufficient funds for such purpose

are available, computed on the basis of one and one-fourth working days

for each completed school month of service, such leave to be cumulative

for one school year. A school bus driver may utilize sick leave upon the

approval of the superintendent (

) in which such school bus

driver is employed for absence due to illness or injury or necessitated by

exposure to contagious disease in which the health of others would be en-

dangered by his attendance on duty, or to illness or death in the school

bus driver's immediate family. School bus drivers 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 Sun-

days, holidays, or other nonwork days. (Acts 1962, p. 670.)

67

Note: The brackets indicate an obvious omission of words such as "of the county", "of the district", etc.
32-833. Pay for substitute school bus drivers. The scale of pay for substitute drivers shall be determined by the board of education of the system in which said employee is employed. (Acts 1962, pp. 670, 671.)
32-834. School bus driver on sick leave not required to pay for substitute. No school bus driver utilizing sick leave under the provisions of this law ( 32-832 through 32-835) shall be required to pay the cost of employing a substitute school bus driver to serve in his absence on such sick leave. (Acts 1962, pp. 670, 671.)
32-835. Corporal punishment of students. All area, county and independent boards of education shall be authorized to determine and adopt policies and regulations relating to the use of corporal punishment by school principals and teachers employed by such area, county and independent boards. (Acts 1964, p. 673.)
32-836. Same; method of administering punishment. Where so authorized by an area, county or independent board of education, any principal or teacher employed by the board, in order to maintain proper control and discipline over pupils placed under his care and supervision, may, in the exercise of his sound discretion, administer corporal punishment on any such pupil or pupils: Provided, however, that such corporal punishment shall not be excessive or unduly severe: and Provided, further, that corporal punishment shall be administered only in the presence of one other principal or teacher employed by the area, county or independent board so authorizing corporal punishment hereunder. (Acts 1964, pp. 673, 674.)
32-837. Same; exemption of principals and teachers from legal action. No principal or teacher who shall administer corporal punishment to a pupil or pupils under his care and supervision in conformity with the policies and regulations of the area, county or independent board of education employing him, and in accordance also with the provisions of this law ( 32-835 through 32-837), shall where the corporal punishment is administered in good faith and is not excessive or unduly severe, be held accountable or liable in any criminal or civil action based upon the administering of corporal punishment. (Acts 1964, pp. 673, 674.)
32- . Education in other State Institutions, (a) The State Board of Education is hereby authorized and empowered, upon agreement of the other State department or agency concerned, to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility maintained by such other department or agency.
(b) The State Board of Education is hereby authorized to promulgate all rules, policies and regulations, and take all action necessary or desirable to implement this Act and provide for the education of such children, youth and adults including, but no wise limited to: entering into contracts or agreements with the department or agency concerned respecting the education of such children, youth and adults, employing teachers and
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other school personnel for such purpose; and furnishing books and other school supplies and requisites. (Acts 1966, pp. 238, 239.)

32- . Georgia Educational Improvement Council. To assure con-

tinued Statewide interest in a motivational force for the continued im-

provement of educational opportunities in Georgia, there is hereby created

the Georgia Educational Improvement Council which shall be composed

of sixteen (16) members, two (2) of whom shall not have voting rights.

The members are as follows: The Chairman of the State Board of Education,

the Chairman of the State Board of Regents, the Chairman of the Education

Committee of the House of Representatives, the Chairman of the

Educational Matters Committee of the Senate, the State Superin-



tendent of Schools, the Chancellor of the University System of Georgia

and six influential and respected citizens from the State at large who have

demonstrated knowledge of and interest in the educational opportunities

of and the long-range educational problems confronting the State of Georgia

and its citizens, to be appointed by the Governor for a four year term, ex-

cept that initially two persons shall be appointed for one (1) year terms, two

persons for two (2) year terms, one person for a three (3) year term, and

one person for a four (4) year term, each of said initial terms to date from

July 1, 1964. Council members appointed from the public at large shall

hold office for the term of their appointment and until their successors

are appointed and qualify, and shall be eligible for reappointment. The

State Superintendent of Schools and the Chancellor of the University

System of Georgia shall have no voting rights. In addition to the twelve

(12) members provided for hereinbefore, there shall also be two (2) Sena-

tors and two (2) Representatives on the Council. The two (2) Senators

shall be appointed by the President of the Senate and the two (2) Repre-

sentatives shall be appointed by the Speaker of the House of Representa-

tives. The first appointments of such four (4) members shall be made

prior to May 1, 1966, and such members shall take office for which they

were elected as members of the General Assembly, and any vacancy oc-

curring during such term shall be filled by appointment of the President

in the case of Senators and by appointment of the Speaker in the case

of Representatives. Any such member shall be eligible for reappointment

in the event he continues to be a member of the General Asssmbly.

Successors to such initial members and all future successors shall serve

for the term for which they were elected to membership in the General

Assembly.

32- . It shall be the purpose and function of the Council to study

the constantly changing long-range educational needs in Georgia at all

levels of education in Georgia and to advise, assist and cooperate closely

with the Governor, the General Assembly, the State Board of Education,

the State Board of Regents, and other appropriate agencies, both public

and private in developing plans and programs for meeting these educa-

tional needs, and the public educational institutions and agencies in Geor-

>

gia and such public educational bodies shall cooperate and work with the

Council and provide the Council, upon request, such information and

assistance as may be practicable and helpful to the Council in performing

its purpose and function.

32- . The Council shall hold its first meeting as soon as practicable after formation and upon the call of the temporary chairman to

69

be appointed by the Governor, and shall at its first meeting elect a chairman, and proceed to organize itself in such manner as shall best be conducive to the accomplishment of its purpose and function. The Council shall meet at such regular times as it shall prescribe and upon call of the chairman or upon request to the chairman of a majority of the members of the Council.
32- . The Governor shall provide the Council with such office space as may be necessary for the Council to perform its purposes and functions and the Council shall be authorized to employ such staff and consultants as may be reasonably necessary to carry out the purposes and functions of the Council from such funds as may be made available to the Council. Appointive members of the Council, and the members of the Council from the General Assembly, the Chairman of the State Board of Education, and the Chairman of the State Board of Regents, shall be entitled to receive twenty ($20.00) dollars per diem when in attendance at meetings or functions of the Council, plus reimbursement for actual expenses necessarily incurred therewith. The other members of the Council shall not be entitled to receive per diem but shall be entitled to receive reimbursement for actual expenses necessarily incurred in conration with attendance at meetings or functions of the Council. Provided, nevertheless, that the funds for the Georgia Educational Improvement Council shall be such only as are appropriated by separate line item by the General Assembly of Georgia based upon a budget request of such Council. In the event that any member of the Council is an officer or employee of any other branch of State Government he shall be compensated from the funds appropriated for the operation of that branch of which he is an employee or member. When such member is so compensated out of funds other than those appropriated to the council, the department or agency paying such compensation shall notify the Budget Director and the State Treasurer and the appropriation of said council shall be reduced in a like amount. (Acts 1964, p. 711; 1966 DD 434, 724.)
PART VII
COUNTY BOARDS OF EDUCATION
Note: Code Section 32-913 was repealed by Acts 1949, pp. 1406, 1420; Code Section 32-916 and 917 were repealed by Acts 1946, pp. 206, 208; Code Section 32-918 was repealed by Acts 1937, pp. 882, 891; Code Section 32-919 was repealed by Acts 1947, p. 1461; Code Section 32-936, 939, 946 and 947 were repealed by Acts 1937 pp. 882, 891; Code Section 32-948 was repealed by Acts 1949, pp. 1406, 1420.
32-901. School districts. Each and every county shall compose one school district, and shall be confined 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.
70

BffiBDB

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.
In Wheeler v. Board of Trustees, 200 Ga. 323 (4), it was held that the 1945 Constitution, Sec. 2-6801, did not abolish local school districts for bond purposes but in 1946 the General Assembly abolished all local school districts except independent school systems. Ga. Laws 1946, p. 206. See Duffee v. Jones. 208 Ga. 639, 643; Op. Atty. Gen. 1954-56, p. 265.

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, p. 1, supra. The Constitution 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 schoolbooks shall be eligible for election as members of any board of education or as county superintendent of schools.
32-902.1. Selection 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 VHI, 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 place. (Acts 1953, Nov. Sess., p. 334.)
Cross reference: See Code Sees. 59-318, 319, Part XXXIII, herein, infra.

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 oper-

ated independent of the county board of education, but shall apportion

members of the board as far as practicable over the county; they shall

elect 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

I

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. Notwithstanding the foregoing provisions to the con-

trary, a county may provide by local law that two or more members of

the board of education may be selected from the same militia district.

(Acts 1919, pp. 288, 321; 1965, p. 124.)

71

32-904. Compensation of members. The General Assembly is hereby authorized to provide the compensation of members of county boards of education by local Act. In any county for which no local Act is passed, members of the county board of education may receive per diem of $20" for each day of attendance at meetings of the board, and while meeting and traveling within or without the State as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expense shall be submitted for approval to the county superintendent of schools. In all counties the compensation of members of county boards of education shall be paid only from the local tax funds available to county boards of education for educational purposes: Provided, however, that nothing herein contained shall affect a county board of education or school system created prior to the Constitution of 1877. (Acts 1919, p. 321; 1943, p. 270; 1957, pp. 648, 649; 1959, pp. 231, 232; 1963, p. 279; 1966, pp. 447, 448.)
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 of education shall be removable by the judge of the superior court of the county, on the address of twothirds 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, Section V, Paragraph I, 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.)
Smith v. Ouzts, 214 Ga. 144: Removal of a board member beyond the limits of the county does not automatically disqualify him or invalidate actions of the Board; a judicial determination of such removal must first be had.
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.)
72

1

^^^^M

32-907. Officers of county board; quorum; record of proceedings. The board of education shall elect one of their number president, who shall serve as such during the term for which he was chosen a member of the board. The county superintendent of schools shall be an ex-officio secretary of the board. A majority of the board shall constitute a quorum for the transaction of business. It shall be the duty of said secretary to be present at the meetings of the board, and to record in a book, to be provided for the purpose, all their official proceedings, which shall be a public record, open to the inspection of any person interested therein, and all such proceedings, when so recorded, shall be signed by the president and countersigned by the secretary. (Acts 1919, p. 322.)
32-908. Sessions. It shall be the duty of the county board of education to hold 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 property and facilities. The county boards of education shall have the power to purchase, lease, or rent school sites; build, repair or rent school houses, purchase maps, globes, and school furniture, and make all arrangements necessary to the efficient operation of the schools. The said boards are invested with the title, care and custody of all schoolhouses or other property, with power to control the same in such manner as they think will best serve the interests of the common schools; and when, in the opinion of the board, any schoolhouse site has become unnecessary or inconvenient, they may sell the same in the name of the county board of education, and said county boards of education may convey any schoolhouse site or building, which has become unnecessary or inconvenient for county school purposes and which is located in a municipality, to the municipality wherein said site or building is located to be used by said municipality for educational or recreational purposes in consideration for the municipality's promise and agreement to maintain and keep said property in repair and insured against loss by fire and windstorm; 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 common schools within the 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. 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 system. 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; 1946, pp. 206, 207; 1961, pp. 35, 38; 1962, pp. 654,
655.)
73

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 necessary or convenient for school purposes.

By an opinion rendered July 20, 1959, the Attorney General ruled that
a county board of education is not subject to the provisions of the Act of
1959 .Acts 1959, p. 325, Code Sec. 91-804) governing sales of county property.

32-910. Powers of local boards, appeals. The county, city or other independent board of education shall constitute a tribunal for hearing and determining any mater 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 such board has made a decision, it shall be binding on the parties; provided however, either party shall have the right to appeal to the State Board of Education, which appeal shall be made through the local superintendent of schools in writing and shall distinctly set forth the question in dispute, the decision of the local board, a transcript of the testimony and other evidence adduced before the board certified as true and correct by the local superintendent, and a concise statement of the reasons why the decision below is complained of. This section shall apply to all county, city, or independent school systems in this State, regardless of when created. The State Board shall provide by regulation for notice to the parties and hearing on the appeal (Acts 1919 p. 324; 1947, pp. 1189, 1190; 1961, p. 39.)

Cross Reference: Regulations of State Board governing appeals see

Part XXXBI herein, infra.

'

Note: A decision of a local board is not appealable unless there has been a hearing on a complaint or objection submitted by an interested party and evidence adduced thereon. The mere fact that a local board has rendered a decision on a matter does not subject it to review on appeal, for "only the decisions of the county board made on disputed issues are appealable." Boney v. Board of Educaton of Telfair County, 203 Ga. 152, 155; Patterson v. Boyd, 211 Ga. 679, 682. On appeal, the State Board does not hear the matter de novo, but is limited to reviewing the evidence submitted to the local board and brought up on appeal. Boney v. Board of Education, supraOp. Atty. Gen. 1954-56, pp. 56, 280; Op. Atty. Gen. 1948-49, p. 129; Op. Atty'. Gen. 1952-53, p. 54. "On appeal, the State Board of Education may not revise the action of the county board, unless a gross abuse of discretion is shown." Op. Atty. Gen. 1952-53, p. 58.

When sitting to hear and determine an issue over which it has jurisdiction, the decision of the county board is final unless an appeal is taken therefrom. Patterson v. Boyd, supra. Of course, the doctrine of res judicata does not apply to administrative determinations (at least of a quasi legislative nature) and the Board may always reconsider its action. Op. Atty. Gen. 1954-56, p. 280; Patterson v. Boyd, supra. Since certiorari lies only to review judicial or quasi-judicial action, Code Sec. 19-101, certiorari will not lie from the superior court to review purely administrative determinations made by the State Board of Education on appeals from local boards Mayor & C. of Union Point v. Jones et al, 88 Ga. App. 848.

Board of Education v. Young, 187 Ga. 644, 646. Teacher has right to

74

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.
By an opinion rendered March, 5 1959, the Attorney General ruled that the county authorities (county commissioners, etc.) have authority to designate the depository for all county funds, including school funds.
32-911. Immunization of pupils of public schools. The board of education of each county or other local school system may make such rules and regulations as in its judgment shall be deemed requisite to insure vaccination and immunization of the pupils in their respectve schools for the control of contagous disease and may require all pupils to be so treated as a prerequisite to admission to their respective schools: Provided, however, that in the absence of an epidemic or immediate threat thereof, this section shall not apply to any pupil whose parent or guardian objects thereto in writing on the grounds that such immunization conflicts with the religious tenets and practices of a well-recognized religious denomination, whose teachings include reliance on prayer or spiritual means alone for healing, of which he is an adherent or member. (Acts 1880-1, p. 97; 1919, p. 325; 1946, pp. 206, 207; 1957, pp. 455, 456; 1964, pp. 499, 664.)
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: Provided, however, the countv superintendent or teacher shall be given (1) a hearing on the charge or charges preferred against him, (2) 10 days written notice of the tune and place of said hearing -- such notice will contain a brief general statement and enumeration of the charge or charges. (3) an opportunity to present his defense, and (4) upon request be furnished with compulsory process issued by said board requiring the attendance of witnesses and the production of documents and other papers as provided by law. Upon failure of any person to respond to such subpoena or other process issued by said board, the latter shall certify that matter to the superior court as other cases of contempt made and provided by law. In each case an appeal may be taken to the State Board of Education by the filing with the said State Board of Education, within 30 days after rendition of the decision of the county board, a notice of appeal, together with a copy of the record or transcript adduced upon the hearing and certified by the president of the said county board. The provisions of this section shall not apply to
75

school systems created prior to the adoption of the Constitution of 1877. (Acts 1919, p. 325; 1956, p. 747.)
Note: 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 this section, caused school plan survey to be made, and thereafter adopted same by resolution.
Park.sr 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.
Westberry v. Taylor, 215 Ga. 464: A teacher removed under this section cannot seek the relief of the courts, but must exhaust his administrative remedies by appeal to the State Board under section 32-910, and even where such teacher was denied a hearing under the above section, mandamus will not lie to compel his reinstatement, no prayer for compelling the board to afford such a hearing being included therein.
32-914. Reports by teachers. It shall be the duty of the teachers to make and file with the county superintendent of schools at the expiration of each term of school, a full and complete report of the whole number of pupils admitted to the school during said term, distinguishing between males and females and colored and white, with the names thereof; the entire and the average attendance, the branches taught, the number of pupils engaged in the study of each of the said branches, and such other statistics as they may be required to report by the county superintendent of schools or by the State Superintendent of Schools. Until such report shall have been filed by a teacher, it shall not be lawful for said county superintendent of schools to audit the account of said teacher for his or her services. (Acts 1919 p 325.)
32-915. Consolidation of schools. The board of education of any county shall have the right if, in their opinion, the welfare of the schools of the county and the best interests of the pupils require, to consolidate two or more schools into one school, to be located by said board at a place convenient to the pupils attending the same, the schoolhouse to be located as near the center of the district or districts as practicable. (Acts 1919 p. 326; 1946, pp. 206, 207.)
Note: Bedingfield v Parkerson, 212 Ga. 654. A county board of education has authority and power to select, locate and acquire sites for school buildings in its county, according to its judgment and discretion, subject only to approval or disapproval by the State Board of Education upon appeal.
Patterson v Boyd, 211 Ga. 679. A county board of education has authority to change its decision and relocate such school site.
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
76

^^M^^^H^^H

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, is shall be prorated among the various items: Provided: that the expenses of administration for each month shall first be paid m 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 such 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.
Cross reference: See Constitution, Sec. 2-6004, Part I herein, supra.

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 school recorded

*

on the minutes of the meetings of said board of education. (Acts 1919,

_ OOP ^
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.)

77

32-924. Interest on money borrowed. Said board of education so borrowmg 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 pubUc 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. 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, 1964;

32-928. Expenditures in excess of appropriations; exception of con-

tracts for transportation of pupils. It shall be unlawful for any board of edu-

cation 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

^ (Actsraf19n1^9,

p.e'329r;

0rder
1947,

or
p.

draft issued
1142.)

in

violation

thereof

shall

be

void

32-929. Warrants in antieiption of revenue. For the purpose of antici-

pating collection of the taxes of any year, the Governor is authorized to

draw his warrant at the end of each and every month during any year, in

the favor of the State Superintendent of Schools or of the several county

superintendents of schools and treasurers of local school systems in the

discretion of the State Board of Education, for such amount or amounts as

are then due to the teachers. Said warrants shall be drawn on the funds

appropriated by the legislative for any year, and shall not exceed in the

aggregate amount the appropriation for the public schools so made for that

pI*. TM OOU.)x

r f the St3te iS Pledged t0 the paymnt thereof- (Acts 1919

ing money shall borrow the same at as low a rate of interest as possible, and count 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 edu-

78

cation 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 vocation 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 school district or the governing body of any independent school system 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 and in addition any such governing body in providing an adequate public school system shall have the right and authority either alone or in conjunction with another district or system: (1) to acquire real property and to acquire, construct and equip buildings and facilities for education beyond the 12th grade and to convey any such property so acquired to the Regents of the University System of Georgia, its successors or assigns; (2) to contribute funds to the Board of Regents of the University System of Georgia, acting for and on behalf of the Regents of the University System of Georgia, to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the 12th grade. In addition to the foregoing powers, each such governing body shall have the right and authority to issue bonds in accordance with Constitution and laws of the State of Georgia for any of the aforesaid purposes: Provided only, that prior to exercising such right or authority any such board of education or governing body shall have agreed by contract to convey any such property so acquired or to contribute such funds and the Board of Regents of the University System of Georgia, acting as aforesaid, shall have agreed to accept any such property or contribution and to acquire, construct and equip such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia, rather than
as a part of the public school system of this State. (Acts 1919, p. 330; 1963,
pp. 617, 618.)
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
79

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. 228; 1919, p. 331.)
32-937. Free tuition; admission of veterans; married students. Admissions 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. Honorably discharged veterans of World War n 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. The board of education of any county, city or independent school district is hereby authorized to promulgate rules and regulations concerning the right of married students to attend the common schools of this State. (Acts 1919, p. 331; 1945, p. 397; 1961, pp. 35, 37; Id., p. 201.)
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.
An opinion of the Attorney General rendered October 20, 1960, holds that tuition may be charged a student attending a school located outside the county of his residence, but the system which the pupil attends can not receive state funds for such pupil in the absence of a contract between the two systems. See also opinions of October 17, 1958, and September 5, 1958.
32-938. Repealed by Ga. Laws 1964, pp. 3, 48.
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 caused 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.)
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, gifts, 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
80

i^HBi

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 boards of trustees of independent school systems. (Acts 1919, p. 331; 1926, Extra Sess., p. 17; Acts 1946, pp.
206, 209.)

32-944. Extension work in agriculture and home economics; power conferred. Power is hereby conferred upon the county tax levying authorities of the several counties, as well as the county boards of education, to carry on educational work for the promotion of the extension work in agriculture and home economics under the provisions of Act of Congress, approved May 8, 1914 (Barnes, Federal Code, 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. 82;
1923, pp. 82, 88.)

32-945. Annual budget to be filed with State Board of Education. Each county and independent public school system receiving funds from the State shall annually, through its executive officer, make out and submit to the State Board of Education an estimated budget of its receipts from all sources and its proposed expenditures for the next year, according to blank forms to be prescribed and furnished by the State Board of Education, and upon such dates as may be required by the State Board of Education, and the filing of such estimated budgets shall be made before the State Superintendent of Schools may transmit to such public school systems any of the State School funds for the year for which such budget is made. (Acts 1925,
p. 135.)

32-949. Sale of supplies or equipment by member of county board of

education, for public school use, prohibited. No member of any county board

of education in this State shall sell to any county board of education any



supplies or equipment used, consumed or necessary in the operation of

any public school in this State. (Acts 1943, pp. 273, 274.)

Cross-reference: Violation of this Section a misdemeanor. See Section 32-9908.
Note: See Op. Arty. Gen. 1954-56, pp. 186, 187, 188, 189, 192.

81

32-950. Effect of partial unconstitutionality of law. Should any provision of this law (Sections 32-949, 32-1014, 32-9908) be declared unconstitutional it is hereby declared to be the intent of the General Assembly that the part of the law not declared unconstitutional would have been enacted without the unconstitutional provisions. (Acts 1943, pp. 273, 274.)
32-951. Power to condemn private property for school purposes. The county boards of education, the independent school systems referred to in Article VIII, Section 7 of the Constitution of 1945 (Section 2-7001) and the public school systems referred to in Article VII, Section 10 of the Constitution of 1945 (Section 2-6301), are hereby authorized and empowered to take and damage by condemnation, private property for public school purposes, either for public school building sites, playgrounds, athletic fields, or other purposes, in connection with the common schools, high school's or any public educational program which is now or may be hereafter authorized by law. (Acts 1947, pp. 1130, 1131; 1956, p. 100.)
32-952. Same; procedure. Condemnation proceedings by such boards and systems 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; 1956, p. 100.)
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 education 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 require, 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.)
Note: Patterson v Boyd, 211 Ga. 679. County board of education does not exhaust its power to reorganize schools of its county and determine and fix grades to be taught in each when once it does so; conditions affecting schools and operation of them frequently change materially and it was unquestionably intention of legislature, by school Act of 1953, to give county boards of education power to so deal with their schools whenever in their opinion, welfare of schools and best interest of pupils require it.'
The above section was enacted to circumvent the decision in Irwin v Crawford, 210 Ga. 222.
PART VIII
COUNTY SUPERINTENDENT OF SCHOOLS
882 eg?' Cde SeCtinS 32415 and 1016 W"e rePea'Cd by Acis 1937' pP-
32-1001. County superintendent substituted for county school commit-
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ioner. 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 sf schools shall be elected by the qualified voters of their respective counties quadrennially on Tuesday after the first Monday in November for terms of four years beginning on the first day of January following the day of election. Each shall hold office until his successor is elected and qualified: Provided, if there is in any county one or more independent school systems not under the supervision of the county superintendent, the voters of such independent system or systems shall not vote in any primary or election for the county superintendent But this section shall not disqualify registered, qualified voters residing in the limits of a quasi-independent school district from voting m any primary or election for county superintendent of schools. (Acts 1887, p 68; 1909, p. 154; 1914, p. 47; 1919, p. 349; 1931, p. 124, Const., Art XI,
Sec. II, Par. I (Section 2-7901.) 172 Ga. 497, 500 (158 S. E. 11.)

Cross-reference: Article VIII, Section VI, Paragraph 1, Georgia Constitution of 1954. (Code 2-6901.)

32-1003. Vacancies, how filled. In the event of vacancy by death, resignation, removal from office, or from any cause whatever, in the office of county superintendent of schools in any county, or upon the death of a county superintendent of schools elect, between the date of his election and the date that he assumes office, the vacancy shall be filled as follows:

1 In the event of a vacancy by death, resignation, removal from office, or from any other cause whatever, and there is less than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools for the unexpired term.

2 In the event that there is more than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools to serve for a period of thirty days; anI until the vacancy can be filled as herein provided. In such event, it shall be the duty of the Ordinary to issue a call within ten days after vacancy occurs Jor an election to fill the unexpired term. Such elections shall be held no less than ten days nor more than twenty days after the issuance of the call therefor The person receiving the highest number of votes at such election shall serve as county superintendent of schools for the remainder o he unexpired term. In the event of a tie vote in any such election the Ordinary shall call within five days thereafter, an election to be held within ten days

after the call until a choice is made.

3 In the event of the death or disqualification of a county superin-

tendent of schools elect preceding the date that he was to have assumed of-

fice U shall be the duty of the Ordinary, within ten days after the death or

>

dSualSc ion oecurs, to issue the call for an election to elect a county

superintendent of schools for the term to which the county superintendent

7schls elect was elected. Such election shall be he Id no. than ten

not more than twenty days after the issuance of the call therefor The per

son receiving the highest number of votes at such election shall serve as

couhNlulrintendent of schools elect. The incumbent county superinten-

?S2t KS riU hold over until his successor is elected as herein pro-

83

vided. In the event of a tie vote in any such election, the Ordinary shall call elections until a choice is made, as provided in paragraph two hereof. This Act shall not apply to public school systems established prior to the adoption of the Constitution of Georgia of 1877. (Acts 1958, pp. 635, 636, 637.)
32-1004. Qualifications of county superintendents. Before any person shall be qualified or eligible to hold office of the county superintendent of schools, he shall be a citizen of the county if elected by the voters of the county, but it shall not be necessary that he be a citizen of the county if elected or appointed by the board of education, he shall have earned and hold a five-year degree from an accredited college or university, or shall have not less than a four-year degree earned and held from an accredited college or university and shall have registered for courses leading toward obtaining the requirements of a five-year certificate, and shall have had not less than three years of actual teaching or education administration experience, and shall be a person of good moral character, never convicted of any crime involving moral turpitude. Before becoming eligible to qualify for election or appointment, candidates for the position of county school superintendent of schools must file with the State Board of Education a certificate under oath, showing qualification hereunder: Provided, that this section shall not affect any school system in existence prior to the adoption of the Constitution of 1877, nor any superintendent of schools of any such school system. (Acts 1919, p. 350; 1963, p. 356.)
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' 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; notice and hearing. The county superin-
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tendent 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, however, the county superintendent shall be given (1) a hearing on the charge or charges preferred against him, (2) 10 days' written notice of the time and place of said hearing - such notice will contain a brief general statement and enumeration of the charge or charges, (3) an opportunity to present his defense, and (4) upon request be furnished with compulsory process issued by said board requiring the attendance of witnesses and the production of documents and other papers as provided by law. Upon failure of any person to respond to such subpoena or other process issued by said board, the latter shall certify the matter to the superior court as other cases of contempt made and provided by law. In each case an appeal may be taken to the State Board of Education by filing with the said State Board of Education, within 30 days after rendition of the decision of the county board, a notice of appeal, together with a copy of the record or transcript adduced upon the hearing and certified by the president of the said county board: 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. 351; 1947, pp. 1189, 1190; 1956, pp. 629, 630.)
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. 153.)
Note: American Ins. Co. v Seminole County Board, 51 Ga. App. 008. County superintendent of schools cannot contract debt on behalf of county board of education without previous authority from board; nor, in absence of such authority, can he dispose of county funds before they are collected.
Note: 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 he.
32-1010 Examination and suspension of teachers. The county superintendent of schools shall superintend examinations of all teachers of his county as provided by law. He shall suspend any teacher under his super-
85

vision for nonperformance of duty, incompetency, immorality or inefficiency, and for other good and sufficient causes. From his decision 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: 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. 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 teachers' license. County superintendants of schools shall place upon all teacher's licenses issued by them the seal of the board of education of the county for which they are superintendents. (Acts 1919, p. 352.)
32-1012. Office of superintendent in 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 snid 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.
By opinion rendered July 16, 1959, th Attorney General ruled that the above section requires the county authorities to afford the superintendent an office in the courthouse only when there is sufficient room therein.
32-1013. Who may administer oaths. The county superintendent of school 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 arisng under school laws. (Acts 1919, p. 352.)
32-1014. Reports. It shall be the duty of the county superntendent of schools to make a report of the school operations of the preceding fiscal year to the grand jury, at the fall term of the court, and to place his books before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention. (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.
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
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of Schools, submitting his report and recommendations thereon in writ-

ing 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 satisfactorily evidence in writ-

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

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

a license of the third grade for one year, which said licenses 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 endorsed by the county superintendent of schools of

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

32-1019. Revocation of teachers' licsnses. The county superintendent of the schools shall have power, and it shall be his duty, to revoke licenses granted by him or his predecessors, for incompetency, immorality, cruelty to pupils, or neglect of his duties, and the revocation of the 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. 335.)

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. Teacher's 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 or economics or social relations which is inconsistent with the fundamental principles of patriotism and high ideals of Americanism. (Acts 1935, pp.

>

1305, 1306.)

Cross-reference: See Georgia Code Annotated Chapter 26-9A, Sedition and Subversive Activities Acts as to additional oath and questionnaire.

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

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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 IX
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, were repealed by Acts 1946, 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 Ga. 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 and manifestly interested in education, and be a resident of the county where he is appointed. Each person so appointed shall have a term of four years, and should any vacancy occur due to death, resignation, change of residence from the county where appointed, or otherwise the county board of education shall, at its next regular meeting after such vacancy occurs, appoint a successor to fill said vacancy. The trustees so elected or appointed shall elect one of their members as chairman and another as secretary. All trustees shall serve without compensation; provided, nevertheless, the trustees of each School District as constituted prior to August 7, 1945, shall be the trustees of each school in said district until their respective terms expire. (Acts 1946, pp. 206, 209.)
32-1105. Same; duties; transfer of funds by treasurer of former truetees. The duties of the school trustees appointed or elected by the county board of education, as aforesaid, shall be advisory in nature. They shall make recommendations to the county board of education as to budgets, employment of teachers and other authorized employees, and as to other matters relating to the school of which they are trustees. Such recommendations shall be merely advisory and the county board of education is not bound to
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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 coiinty 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.)
32-1106. 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 ommission of 2V2 per cent for collecting the same. He shall pay over to the board of education all monies collected for the schools once a month. He shall also collect all county school taxes levied under the authority of Article VIII, Section XII, Paragraph I of the Constitution of the State, upon which collections he shall receive a commission of 2J/2 per cent. He shall likewise pay over to the county board of education once a month, all monies collected under such levies. In those counties where the Tax Collector or Tax Commissioner is on a salary basis the fees herein provided for shall be collected by him and paid over to the proper fiscal authorities. (Acts 1946, 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 municipalities. Any municipality authorized by law to establish and maintain a system of public schools by local taxation, in whole or in part, and which is not 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 in at least three conspicuous places within the municipality 10 days prior to the election. Those favoring local taxation for public schools shall have written or printed on their ballot "For local taxation for public schools", and those opposed shall have written or printed on their ballots "Against local taxation for public schools." The returns of such election shall be made and the result declared, as prescribed for other elections in and for the municipality. Two-thirds of those voting shall be necessary to carry the election for local taxation. An election for the purpose herein named shall not be held oftener than once every 12 months. (Acts 1919, p. 339.)

32-1111. 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. (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 district shall be subject to taxation by said school district as fully and completely as is 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 district 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 corporation, so shall the amount of rolling stock, franchises, and other personal property be distributed for taxing purposes to each school district. (Acts 1919, p. 342.)
32-1118. Other provisions made applicable. All of the other provisions of Chapter 92-27, so far as they can be applied are applicable to the assessment and collection of taxes of all such companies and corporations which are required by law to make their returns to the State Revenue Commissioner by and for school districts upon the property and franchises of such companies located in such school districts and upon the rolling stock, franchises and other personal property distributed under the provisions of this Chapter. The county board of education shall annually recommend to the fiscal authorities of the county the rate of levy to be made for taxes for the support and maintenance of education in the county, (exclusive of property located in independent school districts), and likewise notify the
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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 to 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 when 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,

83.)

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.

PART X
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 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. Ony 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 1296, 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
91

of education, it is not empowered to donate funds for support of such school.
32-1202. Proceeding 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 privilege 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.)
PART XI
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, 344, 345.)
Cross-reference. Note: 1945 Constitutional provision to contract debt to pay teacher, 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
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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 section 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.)
32-1305. Payment under contract where schools closed by Executive Order; additional contract as within discretion of Governor. In the event that any school teacher teaching in the public schools of the State of Georgia is prevented from completing the 12 month contract for teaching in any public school within the State, because of the closing of such public schools by Executive Order of the Governor, the State of Georgia will pay to such teacher in the usual monthly payments, the balance of the amount due under such contract by the State of Georgia. The Governor of Georgia within his discretion may enter into an additional 12 months contract with any such teacher enumerated herein for an additional 12 months period.
(Acts. 1959, p. 350.)

PART XII

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 schoolhouses

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.)

93

32-1402. Outstanding bond issues, how dealt with. In any local or consolidated school district in any county where there is an outstanding bonded indebtedness created for the purpose of building schoolhouses 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 district.
Within thirty days from the effective date of this Act, the bonded treasurer or bonded secretary and treasurer of each local or consolidated school district in each county, in which there is an outstanding bonded indebtedness for schoolhouse bonds, or for equipping schoolhouses, or for acquiring sites and building schoolhouses, 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 address 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 th,e 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 beett misapplied, misappropriated, or otherwise improperly dealt with by said otficials, 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 sam has been properly administered, then there shall be no duty on the part of tne county
94

board of education to make any report thereof to the Grand Jury of the County. (Acts 1946, pp. 206, 214.)
Note: 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. Hereafter, when any County Board of Education shall deem it to the best interest 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 and the bonds shall be validated in the manner provided by Chapter 87-3. The purpose of this section 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 schoolhouses, 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 subdivisions to be known as local schoolhouse districts. Whenever the county board of education divides the county into local subdivisions the entire county shall be so divided into separate subdivisions. The local subdivisions so set up and established shall be clearly and positively defined by the resolution passed by the board establishing such 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 subdivisions, 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 equipping, enlarging and repairing lunch room, vocational and phys-
95
- UP i

ical education building 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 prescribed in Chapter 87-3, as amended. The purpose of this section is the 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 subdivision may not participate as qualified voters in said election. Should the election held in a local subdivision result favorable to the issuance of bonds for such local subdivision, the property located within such local subdivision as marked off and established by the county board of education shall be subject to taxation for the retirement of bonds issued by the county board of education for such local subdivision. The property located outside of such subdivision shall not be subject to taxation for the retirement of any bonds issued for the local subdivision. (Acts 1947, pp. 1186, 1187; 1949, pp. 688, 689.)
32-1403.2. Same; declaration of intent 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 were county-wide bond issues for securing school sites, buildings and equipping schoolhouses prove inadequate and inequitable because of prior existing bond 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 muncipalities. (Acts 1923, pp. 98, 99.)
32-1405. Contract for joint building of high school; approval and confirmation. The contract provided for in the preceding section shall be entered into, in the first instance, by the city board of education and county board of education, or by other authorities by whatever name called, having charge of the educational affairs of the city and county, respectively, upon such terms and conditions as may be agreed on, and shall then be approved and confirmed by the mayor and council and board of county commissioners, or other authorities by whatever name called, having charge of the fiscal affairs of the city and county, respectively. (Acts 1923, p. 99.)
96

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. Exclusive of preceding sections as to building high schools. The provisions of sections 32-1404 to 32-1407 shall not be construed to he 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. Refusing, retiring, or refinancing schoolhouse bonds of school district. Where any school district, or consolidated school district or any independent school district (in cases hereinafter provided) has outstanding schoolhouse bonds, 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 dis-

trict, in which a local tax is now or may hereafter be levied for school pur-

poses deem it necessary or advisable to refund, retire, or refinance any out-

standing schoolhouse bonded indebtedness of said district, they shall, by

written resolution, call an election to be held in said district by giving no-

tice by publication thereof once a week for four weeks previous to said

>

election in the newspaper in which the legal advertisements for the county

are published, notifying the qualified voters that on the day named an elec-

tion will be held to determine the question whether bonds shall be issued

by the district for refunding, retiring, or refinancing outstanding school-

house bonds of such district. (Acts 1937, pp. 869, 870.)

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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 consolidted 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 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 issues as to whether the schoolhouse bonded indebtedness of such district be refunded, retired, or refinanced, it shall become he duty of such board or body to call an election in the same manner as above provided. (Acts 1937, pp. 869, 871.)
32-1418. Refunding, retiring, or refinancing schoolhouses bonds by count.es. All countries 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 muniTM
98
MflMMMMMni

paliy 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 are provided in Section 32-1409 et seq., except that in elections for said territory the manner of holding elections shall be as prescribed in section 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 or 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 w^en due of the outstanding school bonds which are sought to be refundeu, 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 elections. (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' list and other papers relating to election, shall be made to the Ordinary, who shall on the day following said election consolidate the vote and declare the result. (Acts 1937, pp. 869, 873.)
321425. 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
99

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 or 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 officials as named above shall so declare the result; and such officials shall have the power and authority, after validation as hereinafter provided, to issue such refunding schoolhouse bonds for sale or exchange for the purpose of retiring the outstanding schoolhouse bonds in the district under all of the regulations now provided by law for school district bonds. (Acts 1937, pp. 869, 874.)
32-1430. Tax levy to provide sinking fund to refunding bonds. When 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; thus
100

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 herein provided. When such bonds are exchanged by the county board of be held in trust by the county board of education only for the purposes education, which is hereby authorized and empowered so to do, such exchange shall be consummated in accordance with the provisions herein provided. (Acts 1937, pp. 869, 875.)
32-1433. Sale or exchange of bonds of independent districts. In independent school districts over which the county board of education has no jurisdiction, such refunding bonds after they have been issued and validated, shall be turned over to the officials who under the law are now authorized to handle in any manner bonds issued by such independent school districts, and such officials are hereby authorized and empowered to sell or exchange, in like manner as the county board of education, sucn 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 school house 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 funds. Should the holder of any outstanding schoolhouse bonds be unwilling to surrender the same for retirement, either in exchange for refunding bonds in a principal amount equal to the principal and interest accrued on the bonds under the authority of section 32-1409 et seq., or upon tender to him of the par value of the bond or bonds held by him, plus accrued interest thereon, then and in that event, when any of the refunding schoolouse 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 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 bonaV The proceeds derived from the sale of any refunding schoolhouse
101

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. Whenever 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 and interest on bonds issued under said section 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, authorizts the same. (Acts 1937, pp. 869, 877.)
32-1440. Obligations of outstanding bonds not 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 any outstanding bond issued prior to the passage of this law. (Acts 1937, pp. 869, 877.)
32-1441. Bondholders refusing to sell, sinking fund provided. Should any holder of an outstanding schoolhouse bond which is not due or which has not matured in accordance with the provisions thereof, fail or refuse to sell or exchange such bond or bonds for refunding schoolhouse bonds issued in accordance with these sections, it shall be the duty of the officials of the school district which issued such bond or bonds to set aside from the proceeds of the sale of the refunding schoolhouse bonds a sinking fund under all the regulations now provided by law for sinking funds for schoolhouse bonds for the purpose of retiring such bonds when they 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.)
102

i

IHI^^^BB

PART XIII

STATE SCHOOL BUILDING AUTHORITY

320401a. 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 public 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, as follows: The Governor, the Attorney General, the State Auditor, the Chairman of the State Board of Education, the Chairman of the Board of Regents of the University System of Georgia, the State Superintendent of Schools and the Chancellor of the University System of Georgia. Such members shall succeed and take the place of the members formerly constituting the State School Building Authority and shall be vested with all the rights, powers and duties thereof, and be subject to all the conditions and liabilities thereof, if not being the intention of this Act to attempt to destroy any vested rights which any person has under the provisions of this Act nor to impair the obligations of any existing contracts under the provisions of
this Act.

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 but who shall be the same as the secretary and treasurer of the University System Building Authority. The majority of the 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 staff of the Authority shall be the same as the staff of the University System Building Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. (Acts 1951, pp. 241, 243; 1959, p. 28; 1959, p. 363.)

32-1403a. 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 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 in-

ft

tended 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

103

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 ox revenue bonds issued under the provision of this Act for such project.
(e) "Bonds" or "revenue bonds" as used in this Chapter shall mean any bonds issued by the Authority under the provisions of this Chapter, including refunding bonds.
(f) Any project or combination of projects shall be deemed ''selfliquidating" if, in the judgement 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; 1964, p. 112.)
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 of franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall 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 proceedings 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 incumbrances
104

II

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, 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 50 years at a nominal rental of $1 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 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 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, 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

boards of education, city 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

structure, building or facilities of the Authority for a term not exceeding

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

105

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: Provided, however, nothing contained in this Chapter shall prevent such political subdivisions, departments, institutions, agencies, county boards of education, city boards of education or governing bodies of independent school districts or systems from subleasing any structure, building or facility of the Authority for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the operation of a private school.
(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 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. (Act 1951, pp. 241, 245; 1956, p. 11.)
32-1405a. Revenue bonds; issuance; 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, payable semi-annually 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 provided for the issuance of the bonds. (Acts 1951, pp. 241, 249; 1960, p. 775.)
Note: Prior to the 1960 amendment, the interest rate on the bonds was restricted to four and one-half per cent.
106

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 bonds 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. 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. 241, 249.)

32-1408a. Same; negotiability; exemption for 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. 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. (Acts 1951, pp. 241, 249; 1960, p. 775.) 32-1410a 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 pro-

vide 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 other-

wise 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 pay-

ment of principal and interest of such bonds. (Acts 1951, pp. 241, 250.)

107

32-141 la. Sam*; 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.)
321412a. 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 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 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.
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 subdivision by virtue of any amounts appropriated and allocated for that purpose pursuant to Section 11 of the Minimum Foundation Act (Section 32-613) 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 II 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.
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M^B^B^Bl^

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 building 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.
The rentals contracted to be paid by the State Board of Education or other contracting or leasing department, agency or institution of the State to the Authority under leases or contracts entered upon pursuant to this Chapter shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State Board of Education or other contracting or leasing department, agency, or institution of the State to see to the
punctual payment of all such rentals.

In the event of any failure or refusal on the part of lessees punctually to perform any convenant or obligation contained in any lease entered upon pursuant to this Chapter, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given
for the institution of any such action.

The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. (Acts 1951, pp. 241,
252; 1964, pp. 112, 113.)

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 inden-

ture may contain such provisions for protecting and enforcing the rights and

109

remedies of the 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 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 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 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. 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 earning 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
110

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 pay

ing principal and interest, and (4) any premium upon bonds retired by call

or purchase as hereinabove provided. The use and disposition of such sink-

ing 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 or interest coupons issued under the provisions of this Chapter, any receiver for such holders, or indenture trustee, if any there be, 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 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, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Board of Education, its successors or other contracting or leasing department agency, or institution of the State; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof 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 mcumbrance legal or equitable, upon the property of the State: Provided, how-
ever any provision of this or any other Act to the contrary notwithstanding, any 'such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I (a) (Const. 1945 2-5901) of the Constitution of the State of Georgia, and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. (Acts 1951,pp. 241, 256; 1964, pp. 112, 113.)

32-1419a. Same; refunding bonds. The Authority is hereby authorized

111

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.)
32-1420a. 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. 241, 257.)
32-1421a. Same; exemption from taxation; covenant of State. It is hereby found, determined and declared that the creation of the Authority and the carrying on 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. 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.)
32-1423a. 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
112

IMB^BM
has contracted with said Authority 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 determined 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 Superion 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.)
32-1424a. 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 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 imparied 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 or 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
113

(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.)
320428a. Authorization to make transfers, sales, leases, etc. to Authority. In addition to the authority herein granted or otherwise provided by l?w. 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 systems, 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 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 constructed under the provision of this Chapter including rules and regulations to insure maximum use or occupancy of each such project. (Acts 1951, pp. 241, 260.)
32-1430a. 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. 241, 260.)
32-1431a. 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, 241, 260.)
32-1432a. Transfer of functions of Vocational Trade School Building Authority to State School Building Authority. There are hereby transferred to and conferred upon the State School Building Authority, in addition to all of the rights, powers and functions heretofore conferred upon said Authority, all of the rights, powers, and functions of the Vocational Trade School Building Authority as set forth in sections 1 through 32 of the Vocational Trade School Building Authority Act approved February 16, 1951 (Ga. L. 1951, p. 132) (former Chapter 32-22A) so that the said powers and functions heretofore entrusted to the Vocational Trade School Building Authority shall be hereafter administered by and through the State School Building Authority. Upon transfer of the foregoing rights, powers and functions of the Vocational Trade School Building Authority to the State School Building Authority, the said Vocational Trade School Building Authority is hereby abolished. (Acts 1956, pp. 806, 807.)
32-1433a. Transfer of functions of State School Building Authority for Deaf and Blind to State School Building Authority. There are hereby transferred to and conferred upon the State School Building Authority, in addition to all the rights, powers and functions heretofore conferred upon said Authority, all of the rights, powers and functions of the School Build-
114


tag Authority for the Deal and Blind as set forth in sections 1 through 19 of the State School Building Authority of the Deaf and Blind Act approved February 21, 1951, (Ga. L. 1951, p. 637) (former Chapter 32-28A), so that the said powers and functions heretofore entrusted to the State School Building Authority for the Deaf and Blind shall be hereafter administered by and through the State School Building Authority. Upon the transfer of the foregoing rights, powers and functions of the State School Building Authority for the Deaf and Blind to the State School Building Authority, the said State School Building Authority for the Deaf and Blind is hereby abolished. (Acts 1956, pp. 806, 808.)
PART XIV
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.)
PART XV
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
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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 vialoting school census laws, Section 32-99 15.
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 enumerations 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 their special territory. (Acts 1919, p. 319.)
PART XVI
INSTRUCTION IN ANIMAL, BIRD AND FISH LIFE
Note: This chapter has been repealed in its entirety. See Ga. Laws (1966) p. 450.
PART XVII
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 the 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:
Diptheria or membraneous group: 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
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premises; children quarantine for seven days after disinfection of premises. The length of quarantine should be enforced whether anti-toxins are or are
not used.
Scarlet fever (scarlitina, scarlet rash, roseola): Isolation of patient and quarantine of children associated with, or in the house with the patient, for 10 days after complete desquamation or scaling of patient with disinfection of premises.
ismaii pox: For the patient: Isolation until after all crust or scales have fallen off, and the disinfection of patient's body and the premises. For exposed persons: Quarantine for 16 days from date of last exposure.

Cholera: For the patient: Isolation until after complete recovery and

disinfection of the premises. For exposed persons: Quarantine for five days



from date of last exposure.

Yellow fever: Isolation in screened room (protected fireplace) until

after complete recovery and disinfection of premises.

Typhus fever: For the patient: Isolation until after complete recovery and disinfection of the premises. For exposed persons: Quarantine for 21 days from date of last exposure. (Acts 1919, p. 357.)

PART XVIII
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 ocupy periods totaling not less than 30 minutes each school day which shall be devoted to instruction in health and safety, to physical exercises and to recess play under proper supervision.
A manual setting out the details of said course of study shall be prepared by the State Superintendent of Schools in cooperation with the State Board of Health and State Board of Education, and such expert advisers as they may choose. Said manual when published shall be sent by said State Board of Education to the teachers of the common schools. (Acts 1920, pp. 232, 233.)
Editorial Note: A resolution of 1943, Acts 1943, p. 1726, recommends to school authorities immediate adoption of mass physical training classes of boys and girls in the higher grades of the grammar and high schools.
32-1902. Courses at normal schools. The curriculum of all State normal schools and of all other institutions supported wholly or in part by public funds having special courses adopted for the preparation of teachers, shall contain one or more courses in physical education and each person graduating from a teachers' course in any of these institutions shall have completed one or more courses in physical education. (Acts 1920, p. 233.)
32-1903. Special teachers. County boards of education and boards of education of cities and of graded common school districts may employ supervisors and special teachers of physical education in the same manner
117

as other teachers are employed, provided they possess such qualifications as the State Board of Education may prescribe. Boards of education of *wo or more school districts, city graded school, or county, may jointly empioy a supervisor or special teacher of physical education. Boards of education may allow the use of school buildings or school grounds after the regular school hours and during vacations 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 XIX
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 school house of two or more stories not provided with ample means of escape from fire or stampedes from other causes, as prescribed in section 32-2003 ana 32-2004. (Acts 1923, pp. 88, 89.)
32-2002. Inspection and report by county superintendent or by president of board of education. No county board of education shall pay out any funds for maintenance of the public schools in their respective counties until said board shall have required and caused the county superintendent of schools to make an inspection of the schools buildings of said county and file his report of said inspections with the county board of education that the requirements of this law as to fire escapes and safety as prescribed in section 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 building. Minimum requirements for safety as required in this law shall consist of easy means of exit from not less than two opposite sides of the school building; all hall doors shall open outward; and where, in cases of old school buildings, there is only one stairway, there must be provided before the school can be legally operated, another stairway for exit on the oppsite 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
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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 building, and to reach to within six feet of the ground. (Acts, p. 374.)

32-2006. Funds from which cost of fire escape to be paid. The cost of

II

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 Superin-

tendent of Schools to withhold from such school or institution all funds due

it until the provisions of section 32-2005 shall have been complied with.

(Acts 1935, p. 374.)

PART XX

COMPULSORY SCHOOL ATTENDANCE

Note: Code Sections 32-2101, 2102, and 2103 were repealed by 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. Exceptions. 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 in-

capacitated 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 promulgat-

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>'

ing 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 faciliate such enforcement, each county and independent school system board of education shall have authority to employ at least one competent and qualified full-time visiting teacher, whose duty it shall be to act as attendance officer to enforce the compulsory school attendance laws of the State, and to discharge such other duties as are usually performed by, or delegated to, visiting teachers. Each county or independent school system board of education shall fix the compensation of such visiting teachers, payable from the school funds of the state and/or of the county or independent school system, and shall be authorized to prescribe the duties of such visiting teachers and make such rules and regulations for the performance thereof, not inconsistent with law and rules and regulations of the State Board of Education, as will promote the purposes of this Chapter. Under rules and regulations determined by the State Board of Education, the State Department of Education shall have authority to determine that where a county or independent school system does not require the services of a full-time visiting teacher, then such county or independent school system board of education may dispense with the services of a full-time visiting teacher and shall have authority in place thereof to employ either a part-time visiting teacher qualified in accordance with professional requirements prescribed by the State Board of Education, or join with a neighboring county or independent school system in the joint employment of a visiting teacher. (Acts 1945, pp. 343, 344.)
32-2109. Same; appointment and qualifications; temporary permits to serve. The appointment of visiting teachers shall be made by the county or independent school system board of education upon the recommendation of the county or independent school system superintendent; but no visiting teacher shall be so appointed unless qualified in accordance with professional requirements prescribed by the State Board of Education. Persons presently serving as truant or attendance officers in any county or independent school system of the State on the effective date of this Chapter, as reflected by the payroll of the school board of the county or independent school system in which such person or persons serve during the 1944-45 school sessions, 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.)
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KZHBH^B

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

0

(1) cooperate fully with State Departments of Public Welfare, Labor, and Health, and other State agencies; (2) make monthly and annually reports on attendance and other problems of child school adjustment in their territory

to the county or independent school system superintendent respectively;

and (3) comply with the rules and regulations of the county and independent

school system boards of education and the State Board of Education. (Acts

1945, pp. 343, 346.)

32-2112. Same; removal. Any visiting teacher or attendance officer appointed under the provisions of this Chapter, who fails to perform the duties of this office shall, upon the recommendation of the county or independent school system superintendent, be removed from office by the county or independent school system board of education. (Acts 1945, pp.
343, 346.)

32-2113. Same eligibility for retirement. Visiting teachers e-npl yd 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 teachersretirement 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

121

other court having jurisdiction, any child as a delinquent who absents himself from school in violation of this Chapter. The judge of said court may place said delinquent in a home, or in a public or private institution, where school shall be provided for such child. (Acts 1945, pp. 343, 347.)
32-2116. Effect of partial invalidity of Chapter. Should any section, subsection, clause, sentence, phrase or part of this Chapter, for any reason be held, deemed, or 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.)

32-2117. Suspension of operation of Chapter by Governor. When, in the opinion of the Governor, it is necessary because of any riot, insurrection, public disorder, disturbance of the peace, natural calamity or disaster to suspend all or any part of this Chapter in order to protect persons and property or to preserve the health and welfare of the citizens of this State or to preserve the general welfare of the State, he may do so by issuing his proclamation thereon and filing the same in the office of the Secretary of State. The Governor may proclaim such suspension effective over the entire State, or in any portion thereof. (Acts 1957, p. 168.)

32-2118. Effect of discontinuance of the operation of public schools

within a school district. The provisions of this Act shall not apply in any

public school district or system in this State, whether county or inde-

pendent, wherein the operation of the public schools by public officers

of this State is discontinued. Public school district or system as oised in

this Act shall include all public school systems in this State, including

those maintained and operated by counties, cities, towns, and municipali-

ties, including independent local systems and all public school systems,

whether created before or after the Constitution of 1877. (Acts 1958 RD'

231, 232, 233.)

'

Cross Reference: See Act of 1961, pp. 31, 34, Part VI herein, supra.
32-2119. Excused absences for children serving as pages of General Assembly. Children who serve as pages of the General Assembly of Georgia during the school year, either at regular or special sessions, shall be granted excused absences for the day or days missed from school while serving as pages therefor, and said children shall be credited as present by the school in which enrolled. (Acts 1963, p. 254.)

PART XXI
SPECIAL COURSES, CLASSES OR SCHOOLS FOR CORRECTING SPEECH OF DEAF CHILDREN
32-2101 a. Authority of local units to establish and maintain special courses, classes, or schools. The local units of administration, as defined in Acte 1937 pp. 882-892, meeting the approval and requirements of the State Board of Education, whether acting under the general law, or special
122

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.)
31-2102a. 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 limits of the pupils and the qualifications of the teachers and pupils of the schools receiving State aid under this Chapter, together with the power and authority to do and perform any and all acts, necessary, or proper, to carry out the provisions, intent, and purpose of the Chapter, which is to be given a liberal and broad construction. (Acts 1945, pp. 312, 313.)
32-2103a. Funds and teachers for the purposes of this Chapter. Upon the approval of the State Board of Education, the common school fund and such appropriations as may have been made, or as may hereafter be made by the General Assembly for common school purposes, or by any agency or bureau, authorized by the General Assembly, to approve and set aside school funds for common school purposes, upon the approval of said agency, or bureau, as to any such funds already approved and set aside for common school purposes, or as may be approved and set aside hereafter by such agency or bureau for common school purposes, shall be used by the State Board of Education to carry out the provisions and purposes of this Chapter in paying teachers' salaries for not less than seven months in each year, in accordance with salary schedules prescribed, or to be prescribed, by the State Board of Education, for teachers in such schools as are defined by Acts 1937, pp. 882-892, provided no teacher, herein provided for, shall receive less than the minimum salary prescribed, or to be prescribed by, the State Board of Education in schools, receiving State aid under this Chapter; and, Provided, further, that teachers, as herein provided for, shall not be charged against a local unit in making up the number of teachers in the several groups as provided for by 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 (9) 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 cost and expenses in carrying out the terms of this Chapter, as to those schools operating hereunder an I receiving State funds, or State aid, for the pur-
123

poses 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 additional teachers. The boards of education of any local "nit 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 repealing, any of the existing school laws, but is to be construed as additional to same. (Acts 1945, pp. 312, 315.)
PART XXII
VOCATIONAL EDUCATION
Note: Code Section 32-2204 and 2211 were repealed by acts 1953, Nov. Sess., p. 401; Code Section 32-2209 and 32-2212 were repealed by 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 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 education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure, and for other purposes." and the provisions of said Act as set forth in sections 1, 2, 3, and 4 of said Act and the provision thereunder and appropriations therefor to be used according to and as provided in said Act. (Acts 1917, p. 200; 1919, p. 361.)
32-2202. Duties of State Board of Education as to vocational education. The State Board of Education, in offsetting the Federal appropriation is directed to take advantage of whatever appropriation the State makes to local schools, municipal and county, normal schools and the teacher training department of the University of Georgia in order to secure these funds under the regulations provided by the Federal Vocational Board 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
124

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 (Sections 32-2206 to 32-2217) to more nearly equalize the educational opportunities in certain phases of vocational education, especially trade and industrial and distributive occupations, to persons of the State, who, in the discretion of the State Board of Education, are of the age that will make it possible for them to profitably pursue training for a specific occupation. (Acts 1943, pp. 672, 673.)
32-2207. Definition of local units. For the purposes of this law (Sections 32-2206 to 32-2217) the several counties of the State and the various public independent school systems established bv law shall be the local units n administration and shall be referred to herein as local school units. (Acts 1943, pp. 672, 673.)
32-2208. Apportionment and distribution of funds. All funds, whether State or Federal or other funds, which may be made available to the State Board of Education for carrying out the purposes of vocational education as provided by this law, shall be apportioned and distributed by the State Board of Education to the various local school units as additional aid for use in helping such local school units in 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 jurisdictional area of tht local school unit. Acts 1934, pp. 672, 675.)
32-2214. Apportionment of equipment, material, etc., to local units. In
125

the discretion of the State Board of Education, any equipment, material, machinery, or other property, now owned and possessed, or which 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 Commitee. 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 funds for the public schools and providing for its distribution, but said sections shall remain in full force and effect. (Acts 1943, pp. 672, 676.)
32-2217. Effect of sections 32-2206 to 32-2217 on existing laws relating to vocational education. Nothing in this law (Sections 32-2206 to 32-2217) shall affect any of the provisions of section 32-934 or of section 32-2202, but said sections shall remain of full force and effect, and the provisions of this law shall be an enlargement of such provisions therein made. (Acts 1943, pp. 672, 676.)
32-2218. State area trade vocational, and industrial schools; authority of State Board of Education to establish. The State Board of Education of Georgia, for and on behalf of the State of Georgia, is hereby authorized and empowered to locate, set up, establish, operate, maintain and carry on State area trade, vocational and industrial schools for teaching vocational, industrial and trade subjects. (Acts 1945, pp. 229, 230.)
32-2219. Same; purchase of land, 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, construct and properly equip and maintain, for teaching and boarding students all necessary buildings and houses, and to contract for and to purchase, maintain, repair and supply all necessary machinery, equipment, instructional supplies and maintenance equipment. (Acts 1945, pp. 229, 230.)
32-2220. Same; gifts, donations, and Federal aid; administration and distribution of funds. Said State Board of Education is hereby authorized and empowered to accept and receive donation and gifts, of both real and personal property, including machinery and equipment, from either public or private sources as may be offered unconditi6nally, or under conditions related to the teaching of vocational industrial or trade courses, and to
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accept, receive use, distribute and administer any and all oppropriations

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 administre 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 321-2218 to 32-2223) in such proportion as

i

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 t irollment 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 members of the military taking part in the present World War for remunerative employment. (Acts 1945, pp. 229, 231.)

32-2222. Same; employment of teachers, supervisors, and directors; transportation of trainees. Said State Board of Education is hereby authorized to employ necessary teachers, supervisors and directors of vocational training for carrying on and operating area trade schools set up, established and operated by virtue of authority invested in said Board by this law (Sections 32-2218 to 32-2222), and said Board is hereby authorized to fix and pay the salaries and expenses of said employees out of funds made available by appropriations of Congress, the State and gifts or donations for such purposes. Said Board is also authorized and empowered, where funds are made available therefor, to provide for transportation of trainees to and from State area schools established under authority of this law, this power to be exercised in the discretion of said Board of Education.
(Acts 1945, pp. 229, 232.)

32-2223. Same; law supplementary to laws relating to common schools. Nothing in this law (Sections 32-2219 to 32-2223) shall be construed as repealing, changing or modifying any of the laws now in force relative to vocational training in the common schools of the State, nor as repealing, changing or modifying the laws relative thereto or the method of distribution of funds to common schools for teaching vocational 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.)

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*
PART XXIII
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 stocks, 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 purposes of developing occupational skills and capacities;
(i) "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce 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;
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(j) "Prosthetic 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.

(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, for 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.
v'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 hand-work is carried on and which is operated for the primary purpose of providing remuneration employment to severly 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; Di-

rector; duties. There is hereby established in and under the supervision

of the State Board a Division of Vocational Rehabilitation. The Division

shall be administered under the general supervision and direction of the

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

approval of the 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 rehabilita-



tion 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 servces, procedures for fair hearings and

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such other regulatons 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 of such personnel as he deems necessary for the efficient performance of the functions of the division;
(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 Chapter and estimates of the amounts to be made available 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 personal, as he finds necessary to carry out the purposes of this Chapter.
(g) The Director of the Vocational Rehabilitation Division is hereby designated as the administrator of a program provided under Section 221 of the Social Security Act (29 U. S. Code 41) relating to disability determination. Said Director shall receive, notwithstanding any other provision of law, and in addition to his regular compensation, such compensation and allowance as may be augmented from grants by the appropriate Federal agency in such amount as is determined by the Federal agency to be commensurate with the duties imposed by said Section 221 of the Social Security Act. (Acts 1951, pp. 516, 519; 1961, pp. 400, 401.)
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 elgible 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 regula-
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tions issued pursuant to Section 322302a on: (1) State property; (2) ciunty 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.)

i

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. 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 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 executor 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 rehabiliation program. In the event Federal funds are available to the State of Georgia for vocational rehabilitational 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-in-aid to the State for vocational rehabilitation purposes, the execu-

131

tive 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 bonafide 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 execpt as otherwise provided by law or as specified in any agreement with the Federal Government with respect to classes of 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 transferrable 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 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.)
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32-2312. Hearing on applications. Any individual applying for or receiving vocational rehabilitation, who is aggrevied 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 persons or persons to solicit, disclose, receive, or make use of, or authorized, 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 and regulations of the State Personnel Board and the Federal Civil Service Commission for 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 at 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.)
32-2316. Vending stands or machines permitted to be operated by blind or seriously disabled persons on State property; license by Division of Vocational Rehabilitation. For the purpose of providing blind or otherwise seriously disabled persons with remunerative employment, enlarging their economic opportunities and stimulating them to greater efforts in striving to make themselves self-supporting, such blind or otherwise seriously disabled persons who are licensed by the Division of Vocational Rehabilitation of the State Department of Education, shall be authorized to operate vending stands on any State property where such vending stands may be properly and satisfactorily operated by blind or otherwise seriously disabled persons. In authorizing the operation of vending stands on State property, preference shall be given, so far as feasible, to blind or otherwise seriously disabled persons licensed by the Division of Vocational Rehabilitation of the State Department of Education as provided in this law (Sections 32-2316 through 32-2318); and the head of each department or agency in control of the maintenance, operation, and protection of State property shall, after consultation with the Director of the Division of Vocational Rehabilitation of the State Department of Education, and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind or otherwise seriously disabled persons without unduly inconveniencing such departments and agencies or adversely affecting the interests of the State of Georgia. (Acts 1956, pp. 52, 53.)
32-2317. Same; business sites suitable for disabled persons not open
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for competitive bidding; disposal of income to State agency. To effectuate the purposes of this law (Sections 32-2316 through 32-2318) it is declared to be public policy of the State of Georgia that on any State property where the Director of Vocational Rehabilitation determines it to be feasible to establish a vending stand to be operated by a licensed operator as herein provided, and the agency or department or custodian of such property determines that such stand can be established without undue inconvenience to the operation being carried on in such State building or property, the preference herein accorded shall require that such vending stand site not be deemed available for letting to competitive bidders for revenue producing purposes, unless the Director of Vocational Rehabilitation declines to establish on said site a vending stand for blind or otherwise seriously disabled persons. The income to the agency controlling the space for such stand sites shall generally not be expected to exceed reimbursement for the cost of providing such stand site space and the service connected therewith, but, in any case where such income exceeds those purposes, the same shall be paid into the general treasury of the State subject to certification and audit. (Acts 1956, pp. 52, 53.)
32-2318. Same; "vending stand" restricted in meaning. The terms ''vending stand" shall mean refreshment counters operated by the blind or otherwise seriously disabled persons but shall not include commercial restaurants cafeterias and similar establishments for the serving of meals. (Acts 1956, pp. 52, 54.)
32-2319. Subrogation of board to rights of disabled person. Where a disabled individual who receives vocational rehabilitation services is covered by a hospitalization or medical insurance policy, the State Board of Vocational Education shall be subrogated to the rights of such disabled individual to recover to the extent of the cost of vocational rehabilitation services rendered by the State Board of Vocational Education, exclusive of those services the eligibility for which is not predicted on the need for financial assistance with respect thereto. Where the disabled individual receives vocational rehabilitation services without disclosing that he is covered by a hospitalization or medical insurance policy, he shall be liable therefor to the State Board of Vocational Education in an amount not to exceed the cost of rehabilitation services rendered, exclusive of those services the eligibility for which is not predicted on the need for financial assistance with respect thereto, or the insurance paid, which ever is the lesser. (Acts 1956, pp. 373, 374; 1957, p. 274.)
32-2320. Medical, diagnostic, physical restoration training; further rehabilitation services: "Independent living" defined. The Division of Vocational Rehabilitation of the State Department of Education is hereby authorized to provide such medical diagnostic physical restoration training, and other rehabilitation services as may be needed to enable disabled individuals to attain the maximum degree of independent living. For the purpose of this act the term "independent living" rehabilitation services means counseling psychological and related services (including transportation) rendered seriously handicapped individuals and in the case of any such individual found to require financial assistance with respect thereto, after full consideration of his eligibility for any similar benefits by way of pension, compensation, and insurance, such term shall include
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physical restoration and related services, including corrective surgery, therapeutic treatment, and hospitalization, needed prosthetic appliances and other devices which will contribute to independent living and training in the use thereof, and maintenance needed to assure the availability of such services. The powers herein delegated and authorized for the division of Vocational Rehabilitation of the State Department of Education shall be in addition to those previously authorized by any other law. This provision shall become effective as of date of passage, and the State Department of Education is hereby authorized to co-operate with the Federal agency in the administration of such a program. (Acts 1959, p. 343.)
32-2321. Lien of board on cause of action accruing to aided individual; filing as notice; duties and fee of clerk; binding effect. Where a disabled individual who receives vocational rehabilitation services is entitled to recover damages for said injuries, the State Board of Vocational Education shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such causes of action and which necessitated such rehabilitation services, subject, however to any attorney's lien. In order to perfect such lien, the State Board of Vocational Education shall file in the office of the clerk of the superior court of the county wherein said individual resides, a verified statement setting forth the name and address of such individual, the name and address of the State Board of Vocational Education, the amount claimed to be due for such vocational rehabilitation services, and, to the best of claimant's knowledge, the name and addresses of all persons, firms or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries; the State Board of Vocational Education shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms or corporations liable for such damages whether or not they are named in such claim or lien. The clerk of the court shall endorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed and the name and address of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid one dollar as his fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien and the claimant of such lien may enforce said lien ly an action against the person firm or corporation liable for such damages. (Acts 1959, pp. 343, 345.)
PART XXIV
DIVISION OF VOCATIONAL EDUCATIONAL SERVICE
32-2301 a. Definitions. As used in this Chapter, the following words and terms shall have the following meanings:
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(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, and 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 alloted 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, 402.)
322302a. 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 responsibilities 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;
136

(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 chools 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 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;
(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
137

Director responsible directly to the Executive Officer and through him to the State Board. (Acts 1953, Nov. Sess., pp. 401, 405.)
32-2305a. 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 Educational 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 responsible 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.)
32-23G6a. Director of Division of Vocational Education Services; 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;
(3) Prepare the State plan for vocational 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.)
32-2307a. 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
138

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 XXV
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 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 school for instructing adult illiterates in the elementary branches of
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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 mav be available for that purpose, and to cooperate with any State or Feredal agency or authority in promoting adult education and reducing adult illiteracy within their respective counties. (Acts 1943, p. 355.)
PART XXVI
STATE LIBRARY COMMISSION AND PUBLIC LIBRARIES
Note: Code Sections 32-2601, 2602, and 2603 were repealed by 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 abolshed and the functions and services heretofore exercised and performed by it shall be hereafter exercised and perfomed by the State Board of Education. Acts 1943, p. 385.)
32-2605. Duties of State Board of Education relating to libraries; employment of staff; expenses. The State Board of Education shall give aid, advice, and counsel to all libraries and communities which may propose to establish libraries as to the best means of establishing and administering them, the selection of books, cataloging and other details of library management, and shall exercise supervision over all public libraries, and shall endeavor to improve libraries already established. The 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
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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 purpose 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 virue 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, throught its properly constituted municipal authorities, raise by taxation, from year to year, and permanently appropriate money for the purpose of establishing or erecting or maintaining a public library, or assisting in maintaining a public library. Any such sum or sums of money so appropriated shall be expended by and under the direction of the board of trustees of such public library elected by the city council of said city. (Acts 1901, p. 52; 1904, p. 90.)
32-2702. Disbursements, how made. In any city in which an appropriation shall be made under or by virtue of the authority conferred by this Chapter, the money so appropriated shall be drawn from the treasury of said city on the warrant of said board of trustees of such public library elected by the city council of said city, and shall be paid out from time to time in the payment of salaries, purchase of books, and other necessary expenses of said library, and an itemized statement of the amounts so paid out shall be made annually to the mayor of said city, and by him submitted to the properly constituted authorities of said city. (Acts 1901, p. 52; 1904, p. 90.)
32-2703. Donations. Said board of trustees is 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
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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. 5?..)
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 educa-t tion, and to support the same by current revenue or by donations or bequests which they are authorized to receive for that purpose; and such political subdivisions may contract with each other and with such municipal corporations as may be already maintaining libraries, operated either by their own governing bodies or by boards of trustees or other officials, within the counties, in which such municipal corporations are situated, or in adjoining counties, and may enter into cooperative agreements in the establishment and maintenance of such libraries upon such terms as may be agreed on between their respective governing bodies: Provided, however, that any such contract or cooperative agreement relating to a library maintained by a municipality, but operated by a board of trustees, or other officials, shall be made by the governing body of such political subdivision with the governing body of any such municipality and the board of trustees, or other officials through whom such library so maintained by such municipality is operated. (Acts 1935, p. 409, 1937, p. 715.)
32-2707. Same; library board, its personnel and powers. Whenever, under the povisions of section 32-2706, the governing authorities of any political subdivision shall establish a public library therein, the county board of education shall, ex officio, constitute the library board; Provided, nevertheless, that in the establishment or maintenance of a public library or public library service by contract or cooperative agreement between said political subdivisions, the agreement between the respective governing authorities of said political subdivisions may provide that the library board of a political subdivision already maintaining a public library or public library service may constitute the library board, or said agreement may provide as to the constituency and method of selection of the library board and such agreements shall be valid to that end; and the library board so constituted shall exercise the powers herein conferred upon library boards subject to such terms not inconsistent with the general purposes herin provided for, as may be contained in such an agreement (Acts 1935, p. 409.)
32-2708. Same; supervision of libraries; branches and stations; con-
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tracts; librarian; employees. The library board, as constituted by section 32-2707, shall have general supervision of the public library established in such political subdivisions, and shall have power to make reasonable rules and regulations for the operation of the same. Said board may establish branches and stations wherever deemed advisable and carry on other forms of library-extension service; they shall create the office of librarian and fix 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 form other sources. (Acts 1935, p. 409.)
PART XXVII
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 Acedemy 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.)
Note: By Acts 1960, p. 1061, the Academy for the Blind and the School for the Deaf were both authorized to purchase a station wagon.
32-2802. Inapplicability of laws and regulations governing other schools. No statute nor regulation as to uniformity of curricula, course of study, textbooks, period of operation, qualifications, or compensation of teachers, nor any other statute or regulation, applicable to other schools.shall apply to the school 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
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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 of gift or will or other conveyance shall vest in said State Board of Education as trustee to and for the use, benefit, and behoof of the institution intended to be benefited by said gift, devise, or other conveyance in its favor. In any case where provisions of any deed of gift, or will, or any 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 XXVIII
TEACHER 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 Teacher's 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.
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(3) "Public school" shall mean any day school conducted within the state under the authority and superivision of a duly elected or appointed county or independent board of education.
(4) "Employer" shall mean the State of Georgia, the county or independent board of education, the State Board of Education, the Board of Regents of the University System of Georgia, or any other agency of and within the State by which a teacher is paid.
Notwithstanding any provisions in prior or future Acts to the contrary, the county and regional library boards or trustees shall be deemed to be the employer of the county or regional librarians, whose salaries are paid in full or in part from State funds, and said employer shall be subject to all provisions of the laws pertaining to the establishment and management of the Teachers' Retirement System of Georgia in the same manner as any other employer designated in this Chapter. (Acts 1957, pp. 118, 120.)
Editorial Note. The second paragraph of this subsection was added by Acts 1957.
(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 employer 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 teacher or clerical employees employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agriculture Extension Service of the University of Georgia. The word "teacher" shall also 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 Act. In the event the Georgia Education 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 request 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 Act as a teacher but the State shall make no contributions on account of such employee. The word 'teacher' shall also include regional and county librarians who are compensated in whole or in part from State funds. Prior service of such librarians and other service for which such librarians have contributed to the Teacher's Retirement System of Georgia is hereby ratified, subject to the same laws and the same rules and regulations applicable to other members of the System. The word "teacher" shall not be deemed to include any emergency or temporary employee. In the event that the Board of
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Regents of the University System of Georgia and any person employed by Radio Station WGST request the Board of Trustees to permit the Board of Regents as employer and such employee to make the contributions as herein defined to provide such retirement benefits for such employee, the Board of Trustees shall permit such employee to come under the operation of this Act as a "teacher," but no contribution of State funds shall be made on account of such employee, but rather an employer's contributions shall come from funds available for the operation of Radio Station WGST; provided, that any employee qualifying as a "teacher," under the terms of this sentence shall not be entitled to any prior service credit for service rendered prior to being included in the system. In addition to the foregoing, "teacher" shall also include any person employed and paid by the Board of Regents of the University System of Georgia, not less than half time, with the exception of emergency or temporary employees (and with the exception of emergency or temporary employees) and with the exception of maintenance and custodial employees, and the Board of Trustees shall determine whether any particular employee is a maintenance or custodial employee; provided, that any employee qualified as a "teacher" under the terms of this sentence, shall not be entitled to any prior service credit for service rendered prior to being included in the System. (Acts 1943, pp. 640, 641; 1949, p. 1505; 1950, p. 261; 1953, Nov. Sess., p. 470; 1956, pp. 13, 14; 1957, pp. 118, 119; 1959, pp. 315, 316; 1960, p. 935; 1965 p. 438.)
Note: The Act of 1953, Nov. Sess. added employees of the Georgia School Boards to those covered by this Chapter. The provision as to teachers in private, nonsectarian schools was added by the Act of 1956. The provision as to regional and county librarians was added by Acts 1957, p. 118. The Act of 1960 included additional employees of the Board of Regents but provided that the provisions of the amendment would not become effective until after the Board of Trustees of the Retirement System had notified the Governor in writing that it has received a certification from its actuaries that the provisions of the amendment would not impair the actuarial soundless of the System.
(6) "Members" 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 January 1, 1945 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
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amounts deducted from the compensation of a member and credited ttf his individual account in the annuity savings fund, together with regular interest thereon, as provided in section 32-2921, subsection (1).

(13) "Earnable compensation" shall mean the full rate of regular

compensation payable to a member teacher for his full normal working

time; in cases where a compensation includes maintenance, the board of

trustees shall fix the value of that part of the compensation not paid in money. All monies paid by a member into any plan of tax sheltered

annuity shall be included as earnable compensation for the purpose of

computing any contributions required to be made to the Teachers Re-

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tirement System, and also for the purpose of computing any benefits or allowances under this chapter. (Acts 1943, pp. 640, 641; 1950, pp. 261,

262; 1965 p. 652.)

(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) 'Tension" shall mean annual payments for life derived from contributions of the State or other employer.

(17) "Retirement allowance" shall mean the sum of the annuity and the pension, or any optional benefit payable in lieu thereof as provided in section 32-2905, subsection (8). All retirement allowances shall be payable in equal monthly installments; except that the Board of Trustees may pay, in lieu of a retirement allowance of less than $10 per month, a lump
sum equivalent acturial 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.
(20) "Annuity reserve" shall mean the present value of all payments to be made on account of an annuity, or benefit in lieu of an annuity, computed at regular interest upon the basis of the mortality tables adopted by the Board of Trustees.
(21) "Pension reserve" shall mean the present value of all payments to be made on account of a pension, or benefit in lieu of a pension, computed at regular interest upon the basis of the mortality tables last adopted by the Board of Trustees.

(22) "Acturial equivalent" shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables last
adopted by the Board of Trustees.

(23) "Local retirement fund" shall mean any teachers' retirement fund or other arrangement for the payment of retirement benefits to teachers, maintained during the calendar year 1943 wholly or in part by

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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; 1962, pp. 723, 727.)
32-2902. Name and powers and privileges of system. A retirement system is herebly 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 "Teacher Retirement System of Georgia," and by such name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held. (Acts 1943, pp. 640, 644.)
32-2903. Membership. (1) Any person who becomes a teacher after January 1, 1944, shall become a member of the retirement system as a condition of his employment, except as herein otherwise provided.
(2) Any person who was a teacher on January 1, 1943, or becomes a teacher prior to January 1, 1944, shall become a member unless prior to January 1, 1964, 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 after July 1, 1943, and prior to the time he becomes a member, and without prior service credit: Provided, that any teacher now in life, who has reached the age of 60, who has taught in the common schools of the State, operated by the State Department of Education, or any of the State educaional 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, shall be deemed a member of the retirement system. Benefits to be paid to such a member shall be computed on the average earnings received by such a member for the last five years of actual services rendered in such schools and educational institutions.
(3) A teacher otherwise eligible shall be classified as a member only while he is in the service of an employer not operating a local retirement system.
(4) The membership of any member shall terminate if he dies, retires under this retirement system, or withdraws his contributions, or if in a period of three consecutive years after becoming a member he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than two years but not more than three years, such member may be reinstated to membership if he
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shall pay a sum equal to 12% per cent of his salary for his last year of service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than three years but not more than four year, such member may be reinstated to membership if he shall pay a sum equal to 25 per cent of his salary for his last year of service. All interest credits shall cease after any such break in service, but shall begin again on the date of the payment of the sum provided above. Any member having withdrawn his contributions, not more than one time after January 1, 1961, may, after five years active service as a contributing member, reestablish such membership service as represented by the withdrawn contributions upon his payment back into the fund a sum equal to the amount withdrawn plus three and onehalf per cent interest for each year or portion thereof from the time withdrawn. Notwithstanding the foregoing, the board of trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the board of trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. 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 his 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 paragraph 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 the conditions set forth in this paragraph 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'; 1959, pp. 319, 320; 1960, pp. 1116, 1120; 1961, pp. 388, 390; 1964, p. 669.)
32-2903.1. Eligibility to membership of teachers receiving retirement pay from Regents of University System. Teachers in the University System of Georgia who receive or hereafter receive retirement pay or allowances from or through Regents of the University System of Georgia when retired shall not be disqualified from being members or beneficiaries Of the retirement system provided for by this Chapter, known as the Teachers Retire-
ment System. The word "teacher" shall be given the same meaning as is
provided in this Chapter. (Acts 1945, p. 454.)
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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 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 January 1, 1945, 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 to January 1, 1945, 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 of modification of such certificate, request the board of trustees to modify or correct his prior service certificate. When membership ceases, such prior service certifiate shall become void. Any member who is unable to qualify for prior service under the provisions hereintofore set forth may qualify for such prior service as he has rendered in the public schools or University System of Georgia after he has been a contributing member for five years and upon compliance with other provisions prescribed by this chapter. Those teachers having signed non-election cards expressing their desire not to become members, but who now wish to do so may receive credit for prior service (service prior to January 1, 1945), upon making contribution of five (5%) per cent for the years between January 1, 1945 and the time they shall have become contributing members, plus three and one-half (3%%) per cent interest, based on salary earned during such years: Provided, that for all such prior service after July 1, 1961, contributions shall be at the rate of six per cent, plus three and one-half per cent interest compounded annually to date of payment.,
(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 January 1, 1945, 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 com-
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pensation as defined in section 32-2901, subsection (13), including service in a school system in this State which operates or operated a local retirement fund. In determining the earnable compensation of any member for the years of his prior service, the Board may use, in lieu of the compensation received by the member during his prior service, the rates of compensation which, if they had progressed during such prior service in accordance with the tables adopted by the Board as provided in section 32-2916, would have resulted in the same average final compensation on January 1, 1945, 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 service certificate.
(5) Any provision of this Chapter to the contrary notwithstanding, any teacher in this State shall be entitled to have all teaching service included in computing creditable services notwithstanding breaks in membership of more than four (4) years, provided that such teacher shall have paid into the system an amount equal to the minimum required for continuous members plus any interest that would have accured on contributions of such members to the system during periods of non-membership. No such member shall receive credit for teaching service where contributions were not made during the teaching service or that have not been contributed with interest that would have accured on such contributions, before the credit for service is given: Provided, however, that after five years membership service a member may reestablish previous credits by paying into the retirement system, prior to retirement, total contributions equal to 10 per cent, (plus accumulated regular interest thereon) of such compensation as the teacher received during those years for which the member desires to establish previous credit. Any other provision of this or any other law to the contrary notwithstanding, in order for any teacher who becomes a member of the teachers' retirement system on or after April 1, 1966, to receive full creditable service for service rendered in a local system prior to membership in the teachers' retirement system as provided for herein, such teacher must pay, in addition to the amounts provided for herein, the employer amount which would have been paid, plus interest. The Board of Trustees shall determine this amount. Provided, however, in no case shall a member pay more than the total member and employee contributions and interest in effect at t';a ame such service was rendered.
(5-A) Any teacher coming into the Teachers Retirement System shall be entitled to receive credit for prior teaching service in other State or independent school systems, up to a maximum of 10 years, where that state or independent school system permits the same credit for teaching service in this State. After having been employed within the State for a period of five years, a teacher may establish and receive credit for one year of out-of-State service, for each additional year service credit within the State with a maximum of 10 years out-of-State credit allowed. In order to receive this out-of-S'tate credit a teacher must pay into the retirement system prior to retirement total contributions equal to eight per cent, (plus accumulated regular interest thereon) of such out-of-State
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compensation as the teacher received during those years of out-of-state service for which the teacher receives out-of-State credit: Provided, that no member who receives or who is entitled to receive a pension or annuity from any other State or County or municipality shall receive out-of-State prior service credit and/or membership service credit as set forth above: Provided, further, however, that the change in this Chapter shall not affect the rights of persons who have retired when this amendment becomes effective. The board of trustees shall formulate rules and regulations as deemed necessary, and under such conditions as the board of trustees deem to be in the best interest of the retirement system, to accomplish the transfer of funds contributed by or accured to the credit of any transfer teacher.
(6) Military service credit.--(a) Any person who was on active duty in the armed forces of the United States during World War I, World War II, the Korean War, or any period of national emergency, may receive military service credit for such period of time up to a maximum of five years under the following conditions:
(i) Prior service credit shall be awarded at no cost to the member for any period of military service prior to January 1, 1945.
(ii) Membership service credit shall be awarded for any period of active military service performed after January 1, 1945, provided said person shall pay the regular employee contribution of five per cent on the compensation last paid to him as a teacher before entering military service or five per cent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus three and one-half per cent interest on said employee contributions, compounded annually to date of payment, for any period of active military service between January 1, 1945, and July 1, 1961, and at the rate of six per cent on the compensation last paid to him as a teacher before entering military service or six per cent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus three and one-half per cent interest on said employee contributions compounded annually to date of payment, for any period of active military service subsequent to July 1, 1961.
(b) Any person who shall leave the teaching profession to enter military service may return to the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) and (ii) in paragraph (a) above.
(c) Any person who shall interrupt college training to enter military service may enter the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above.
(d) Any person who, after completion of college training, enters military service may enter the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above.
(Acts 1943, pp. 640, 646; 1947, p. 872; 1953, Nov. Sess., pp. 390, 391;
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^1
1957, p. 462; 1957, p. 508; 1959, pp. 319, 322; 1960, pp. 1116, 1117, 1118; 1961, pp. 388, 389; 1962, pp. 723, 727, 728; 1963; p. 542; 1965, pp. 438, 441--444; 1966 p. 564.)
32-2905. Service retirement benefits.--
(1) Optional and compulsory service retirement benefits, (a) Any member in service may retire 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 that the said member at the time so specified for his retirement shall have attained the age of 60 years and shall have 10 years or more of creditable service or shall have 35 years or more of creditable service and also shall have attained the age of 55 years. During such period of notification as hereinbefore set forth, he may become 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 at the close 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, unless such member receives written approval from his employer to complete the school, contract, or fiscal year: Provided, however, that the provisions of this paragraph relating to retention in service until age 73 do not apply to retirement of teachers in the University System of Georgia.
(2) Allowance on service retirement. Upon service retirement a member shall receive an 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) An annual pension which, together with the annuity provided above, shall provide a total allowance equal to one and three-fourths per cent of his average compensation over the five consecutive years of creditable service producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. Provided, however, that in the event any member of the system elects to cease making contributions to the teachers' retirement system upon completing forty (40) or more years creditable service, the annual pension program provided in this subsection shall provide a total allowance equal to 1%% of his average compensation over the five (5) consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of his years of creditable service while making such contributions.
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(c) In the case of the retirement of any member prior to his attainment of the age of 63 years, the service allowance above described shall be reduced by 1/12 of three per cent for each month by which his age at the time of retirement is below 63 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death.
Provided, however, upon service retirement of any teacher who is a member of a local retirement fund, such teacher shall receive a service retirement pension on account of his service thereunder, in accordance with the provisions of section 32-2922, which shall consist of:
(i) A pension equal to the annuity which would have been allowable at age of retirement if such teacher had been a member of this system and had made contributions at five centum of his earnable compensation payable from State funds, but not to exceed an annuity allowable at age 65 computed on the basis of such contributions as would have been made prior to age 65.
(ii) 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 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 of age 65.
(3) Disability retirement allowance.--(a) Any member in service, upon written application through his employer to the Board of Trustees, may be retired by the Board of Trustees on disability and receive an allowance as herein provided, subject to the following conditions: (i) Such member shall have 15 or more years of creditable service, or be at least age 60 with at least 10 years of creditable service; (ii) Application for disability retirement must be submitted not less than 30 or more than 90 days in advance of the effective date of retirement; and (iii) The medical board, after a medical examination of such member by a qualified physician appointed by the Board of Trustees, shall certify that he is mentally or physically incapacitated for further performance of duty involving active membership with the Teachers Retirement System of Georgia, that such incapacity is likely to be permanent, and that he should be retired. Disability retirement allowances will commence the first day of the second month following the month in which application is made unless a later retirement date is indicated by the applicant on the application for retirement.
(b) If the member has attained age 65, he shall receive a service retirement allowance as provided in subsection (2). Otherwise he shall receive a disability retirement allowance which shall consist of: (i) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement derived through the application of actuarial disability mortality tables approved by the Board of Trustees; and (ii) An annual pension computed under the formula provided in subsection (2), paragraph (b), but with no reduction for age less than 63 as provided in paragraph (c) of subsection (2).
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(c) In the event a member retiring on a disability retirement allowance elects an option under subsection (8) rather than the maximum allowance, then the member will receive a reduced retirement allowance based on actuarial disability mortality tables adopted by the Board of Trustees. The nearest year of attained age of both the retiring member and his designated beneficiary at date of retirement will be used in the application of the aforementioned actuarial tables to determine the monthly retirement benefits.
(4) Reexamination of beneficiaries retired on account of disability. Once each year during the first five years following retirement of a member on a disability retirement allowance, and once in every threeyear period thereafter, the Board of Trustees may require a disability beneficiary who has not yet attained age 65 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 65 refuse to submit to such medical examination, his pension may be discontinued by the Board of Trustees until his withdrawal of such refusal, and should his refusal continue for one year all his rights in and to his pension may be revoked by the Board of Trustees. Should the Medical Board report and certify to the Board of Trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his average final compensation, the Board of Trustees may reduce his pension to an amount which, together with his annuity and the amount earnable by him, equals his average final compensation. Should his earning capacity be later changed, the amount of his pension may be further modified: Provided that the new pension shall not exceed the amount of the pension originally granted nor an amount which, when added to the amount earnable by him together with his annuity, equals his average final
compensation.
(5) Death benefit, (a) Upon death of any member in service, leaving a named beneficiary, the beneficiary, depending upon the beneficiary designation form on file with the Teachers Retirement System, shall be entitled to: (i) A cash refund of the member's contributions and interest accumulated at the date of the member's death; or (ii) A monthly benefit computed in the same manner as though the member had retired as of the date of death on a disability allowance as provided for in (3) (c) above, electing Option 2 as provided in subsection (8); or (iii) A choice of electing either (i) or (ii) of this paragraph.
(b) In order for a beneficiary to be eligible for a monthly death benefit under (ii) or (iii) of paragraph (a), the deceased member must have had a minimum of 15 years creditable service at the time of death, or have attained age 60 with 10 years of creditable service. The nearest year of attained age of both the member and the beneficiary at the time of the member's death will be used in the application of appropriate actuarial tables and in determining the monthly benefits of the beneficiary. A monthly death benefit will commence the first day of the month following the month in which the member's death occurred.
(6) Restoration of beneficiaries to membership. If a beneficiary is
155

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.
In the application of the foregoing provisions of this subsection to a beneficiary who retired prior to July 1, 1961 and was subsequently restored to service, his pension upon subsequent retirement on or after July 1, 1961 shall be determined as if the pension which he was receiving immediately prior to restoration to service had been equal to the pension which he would have received at his previous retirement on the basis of the provisions of section 32-2905 as in effect on the date of such subsequent retirement: Provided that such member shall have completed at least one year of creditable service subsequent to such restoration to service or shall have completed at least one year of creditable service subsequent to such restoration to service and shall have attained age 70.
(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, 60 days from the date he is paid his last compensation as a teacher, 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 more membership service. If a member dies, the amount of his accumulated contributions with interest credits thereon, according to his length of service as in this subsection specified, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise, to the member's estate.
(8) Optional allowances. Until the first payment of any member's retirement allowance becomes normally due, he may elect to convert the retirement allowance, otherwise payable to him, into a modified retirement allowance of equivalent actuarial value in accordance with one of the optional forms named below: Provided, however, that if he dies within 30 days after retirement, his optional election shall not be effective, and he shall be considered to be a member in actual service at the time of his death.
Option 1. A reduced retirement allowance payable during the life of the retired member, with the provision that if he dies before he has received in payments of his annuity the amount of his accumulated contributions at the time of his retirement, the balance of such amount shall be paid to the person, if any, nominated by him by written designation
156

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 com-

mencement date, but any person eligible for service retirement or dis-

ability benefits after January 1, 1943, and prior to the commencement

,.

date shall be entitled to the benefits provided by this Chapter, even though he is not a teacher on the commencement date.

(10) Vesting of benefits in persons withdrawing from service before age of 60. Any other provisions of this Chapter to the contrary notwithstanding, the right of the service retirement benefit under the provisions of this Chapter shall vest in a member who withdraws from service prior to attaining age 60, providing said member shall have completed at least 20 years of creditable service and has not withdrawn his contributions. Said member shall upon filing an application as provided in this Chapter become entitled to service retirement benefit upon his attainment of the age of 60 or at his option at any date subsequent thereto. The service retirement benefit of any such member shall be as set forth in the Chapter based on the total credits accrued at the date of his withdrawal from service, or if such member should die before filing such application, the maximum benefits payable shall be limited to the member's accumulated contributions at the time of his withdrawal from service, and nothing in this Chapter shall be construed as providing for any benefits prior to attaining age 60 other than a return of the contributions in case of death. Any other provisions of this Chapter to the contrary notwithstanding, the provisions of this subsection shall inure retroactively to the benefit of all members who completed at least 20 years creditable service prior to January 1, 1954, and who have not withdrawn their contributions. In case a member returns to active service in the public schools or University System of Georgia for one year or more prior to age 60, he may reestablish such credits that he had at the time he withdrew from

157

^^^P^PPWP^P^^^^W"
active service and such credits in which the member had a vested right to a service retirement benefit under this subsection, by paying a fee of 25 per cent of his last annual salary prior to freezing his credits or the accrued interest at the rate of three and one-half per cent compounded annually on his annuity account from the date of freezing to date of payment whichever is greater.
(Acts 1943, pp. 640, 647; 1950, p. 32; 1950, pp. 261, 262; 1953, pp. 238, 239; 1953, pp. 373, 374; 1953, N->V. Sess., pp. 114-116; 1956, p. 400; 1958, p. 690; 1961, p. 352; 1961, p. >2; 1962, pp. 723, 729; 963, pp. 542, 544; 1964, pp. 669, 671; 1965, pp. 08, 210; 1965, pp. 267, 268-270; 1965, pp. 438, 444, 445; 1966, p. 562, 5' ..)
Note: With respect to the 1961 amendment, see note following 322921.
32-2906. Administration. Tne administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this Chapter are hereby vested in the Board of Trustees, which shall be organized immediately after a majority of the trustees provided for in section 32-2907 have qualified and taken the oath of office. (Acts 1943, pp. 640, 652.)
32-2907. Board of Trustees; number, election, ex-officio members. The Board of Trustees shall consist of nine 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, and the Executive Secretary of the Georgia Teachers and Education Association, ex officio.
(d) One member, a school administrator or a school principal, 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 the two members herein referred to shall first be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946.
(e) One member, an employee of the Board of Regents who shall be appointed by the Board of Regents for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the Board of Regents.
(f) One member, appointed by the Governor for a term of three years beginning June 30, 1965.. All subsequent members shall likewise be appointed for terms of three years.
(g) The ninth trustee shall be a citizen of the State, not a member of the retirement system, who shall be experienced in the investment of monies and who shall be elected by the remaining eight trustees for a term of four years, the first such term to expire June 30, 1947. (Acts 1943, pp. 640, 652; 1965, pp. 112, 113.)
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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 receive the sum of $20 per diem for each day of attending meetings of the board or for any committee meetings called pursuant to authorization of the board, and for time spent in necessary travel. In addition thereto, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the Board of Trustees. State officials serving ex officio shall receive no pei diem but shall only be entitled to reimbursement of actual expenses. (Acts 1943, pp. 640, 653; 1964, p. 219.)
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 retiremen 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; 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.)
32-2912. Same; chairman; secretary; employees and their compensation. The Board of Trustees shall elect from its membership a chairman and shall elect a secretary who shall not be one of its members. The Board shall engage such actuarial and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the Board, and all other expenses of the Board necessary for the operation of the system shall be paid at such rates and in such amounts as the Board of Trustees shall approve. (Acts 1943, pp. 640, 654.)
32-2913. Same; keeping actuarial data and record of proceedings; annual reports. The Board of Trustees shall keep in convenient form such data as shall be necessary for actuarial valuations of the various funds of the retirement system, and for checking the experience of the system. The Board of Trustees shall keep a record of all 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.)
159

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 provision 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 advisor of the Board on matters regarding the operation of the funds created by the provisions of this Chapter, and who shall perform such duties as are required in connection therewith. From time to time and at least in every five-year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the retirement system, and recommend for adoption by the Board of Trustees mortality, service and other tables needed in the operation of the system, and talking 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 regular interest and the tables last adopted by the Board of Trustees, the actuary shall make annual valuations of the contingent assets and liabilities of the retirement system. (Acts 1943, pp. 640, 655.)
32-2917. Management of funds; powers of Board of Trustees. The members of the Board of Trustees shall be the trustees of the retirement system, and shall have full power to invest and reinvest such assets, subject to all the terms, conditions, limitations and restrictions imposed by 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 trustees 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. The board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counseors, making recommendations for investments and making investments if the board so authorizes. (Acts 1943, pp. 640, 656; 1963, p. 433.)
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
160

made by the Treasurer only upon vouchers signed by the Treasurer and countersigned by one other persons 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 pa;d 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 the retirement system, except to make such payments as are authorized by the board in accordance with the provisions of this Chapter. (Acts 1943, pp. 640, 657.)

32-2921. Method of financing. All of the assets of the retirement system shall be credited according to the purpose for which they are held among three funds to be known as the "annuity savings fund,"the '"pension accumulation fund," and the ''expense fund."

(1) Annuity savings fund. The annuity savings fund shall be the fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their annuities. Contributions to and payments from annuities savings fund shall be made as follows:

(a) Each employer shall cause to be deducted from the salary of each

member for each and every payroll period (after the commencement date)

six per cent of his earnable compensation, but the employer shall not

have any such deduction made from the compensation of a member after

the close of the school, fiscal or contract year in which the member has

I

attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such

member on the first day of the payroll period as continuing throughout

such payroll period, and it may omit the deduction from compensation for

any period less than a full payroll period if a teacher was not a member

on the first day of the payroll period, and to facilitate in making of de-

ductions the employer may modify the deductions required of any member

but not more than 1/10 of one per cent of the annual compensation upon

161

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 amount deducted, which shall be credited by the board to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made.
(b) The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided herein, and payment of salary or compensation less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this Chapter.
(c) In addition to the contributions deducted from the compensation of members as hereinbefore provided, any member may, subject to the approval of the Board of Trustees and such conditions as the Board may prescribe, redeposit in the annuity savings fund by a single payment or by an increased rate of contribution an amount equal to the total amount which he previously withdrew therefrom as provided in this Chapter, or any part thereof; or any member may, subject to the approval of the Board and such conditions as the Board may prescribe, deposit therein by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his 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 amounts so deposited shall become a part of his accumulated contributions: Provided that upon retirement they shall be treated as excess contributions returnable to the member as an annuity of equivalent actuarial value and shall not be considered in computing the pension.
(d) The contributions of a member withdrawn by him, or payable in the event of his death, shall be paid from the annuity savings fund, and any balance 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 accumulated contributions shall be transferred from the annuity savings fund to the pension accumulation fund.
(e) Notwithstanding the preceding provisions, no deductions shall be made from a members' salary if the employer's contribution as to such member is in default.
(f) Notwithstanding any other provisions of this subsection, at the close of any school year, fiscal or contract year, in which a member has completed forty (40) or more years of creditable service, such member may elect in writing to cease making contributions to the system. In the event such election is made, such teacher shall notify his employer and the Board of Trustees, in such manner as the Board of Trustees shall prescribe. After giving the required notice, the employer shall not thereafter deduct, and the employee shall not thereafter be allowed to make, contributions'
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to the teachers' retirement system from the salary or compensation of such member.
(2) Pension accumulation fund. The pension accumulation 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 Act. Should a beneficiary be restored to membership, his annuity reserve shall be transferred from the pension accumulation fund to the annuity savings fund and credited to his individual account therein. The pension accumulation fund shall also 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 and from which shall be paid all such pensions and other benefits, as follows:
(a) The contributions of employers of members shall consist of a percentage of the earnable compensation of members to be known as the normal contribution, and an additional percentage of such earnable compensation to be known as the accrued liability contribution. The rate per centum of such contribution shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuation, as provided for in section 32-2916. Until the first valuation subsequent to December 31, 1960, the percentage normal contribution rate shall be 4.89 per centum of each member's earnable compensation and the percentage accrued liability contribution rate shall be 3.40 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 acumulation 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 actuarial valuation as of June 30, 1961, 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 on that date during the remainder of their active service. Thereafter, the amount of funds for the credit of each annual accrued liability contribution account shall be at least three per centum greater than the amount placed to the credit of the accrued liability contribution account in the previous
163

year on the basis of the rate determined as of June 30, 1961, 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 (2) 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 six 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 (2) (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 (2) (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 he borne by the employers having contributing members in their employ, and each employer havin" 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 such amounts as are sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund.
(3) 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.
(4) Appropriation requests. Thirty days prior to the time the State Board of Education fixes the minimum schedule of teachers' salaries for the ensuing year, the percentage normal and accrued contribution rates as determined on the basis of the last annual actuarial valuation shall be certified by the Board of Trustees to each employer having members in its employ. Each employer, other than the State, having members in its employ shall include in its budget filed with the State Superintendent of Schools amounts equal to the contributions on account of contributing members in its employ for the ensuing year. The State
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Board of Education and the Board of Regents in their estimates submitted

to the Governor and General Assembly of the funds necessary for the

operation of their respective school systems shall include a request for an

appropriation payable to the Board of Trustees in an amount equal to the

aforesaid percentages of the part of the earnable compensation of mem-

bers payable from State teachers' salary or from (funds) of the Board of

Regents or from other State funds and for an additional amount as ex-

pense for the operation of the Chapter: Provided that the percentage

contribution rates for pensions beginning on the commencement date and

until changed, as herein provided, shall be as set forth in subsection (2),

t

paragraph (a) of this section. The General Assembly shall make appropriations to the Board of Trustees sufficient to provide for the said con-

tributions equal to the aforesaid percentages as a part of the earnable

compensation of members payable from State teachers salary funds and for

the necessary expense to carry out this Chapter.

(5) 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, lor 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 contributions will go into effect. In determining the commencement date, the Board of Trustees shall be governed by the money made available by the State to carry this Chapter into effect.

(6) Collection from teachers and remittance to 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.

(7) 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 (6), 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 (6) by making remittance of the sums of contributions required of teachers and

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employers by this Chapter. (Acts 1943, pp. 640, 657; 1947, pp. 1155, 1156; 1950, pp. 261, 264-265; 1956, pp. 400, 401; 1961, pp. 392, 395-396; 1962, pp. 723, 724-725; 1965, pp. 438, 445.)
32-2921.1. Further provisions as to transfer of credits from Employees Retirement System to Teachers Retirement System and vice versa, (a) Any other provisions of law to the contrary notwithstanding, any individual who becomes a member of the Teachers Retirement System and such individual has creditable service with the Employees' Retirement System, such service being less than 18 years, shall be eligible to transfer said credits to the Teachers Retirement System of Georgia: Provided, however, that said employee be required to make additional contributions to the Teachers Retirement System of Georgia so that his annuity account balance will be the same as though he has been a member subsequent to July 1, 1956 of the Teachers Retirement System of Georgia during the period of membership service or in the absence of such payment by the individual, the Teachers Retirement System shall adjust his credits in proportion to the said transferred contributions by the Employees' Retirement System to the Teachers Retirement System of Georgia.
(b) Any other provisions of law to the contrary notwithstanding, any individual upon becoming a member with the Teachers Retirement System shall not be eligible to transfer any credits from the Employees' Retirement System unless such service credit is less than 18 years of service: Provided, however, the years of creditable service on record to the credit of the member with the Employees Retirement System shall be taken into consideration by the Teachers Retirement System only for qualifying purposes for vested right, death, disability, or normal retirement, and any benefits payable by the Employees' Retirement System shall be paid by such system direct to the member or beneficiary.
(c) Any other provisions of law to the contrary notwithstanding, any individual who upon becoming a member of the Employees' Retirement System has credits with the Teachers' Retirement System, and all such credits are for service subsequent to January 1, 1945, shall have such credits transferred to the Employees' Retirement System.
(d) Any other provisions of law to the contrary notwithstanding, any individual who upon becoming a member of the Employees' Retirement System has credits including service prior to January 1, 1945 with the Teachers Retirement System, shall have such credits remain intact with the Teachers Retirement System until his death, disability, or retirement. Should such individual qualify for retirement benefits with the Employees' Retirement System, then such credits with the Teachers Retirement System shall be computed on the basis that such individual qualified for retirement with the Teachers Retirement System and such benefits shall be computed upon the age and plan of retirement under the Employees' Retirement System but based on those credits that have remained with the Teachers Retirement System.
(e) Any other provisions of law to the contrary notwithstanding, any individual retiring with the Employees' Retirement System who has credits on record with the Teachers Retirement System shall have the retirement allowances computed by the Teachers Retirement System and payable to the member or the beneficiary in accordance with the established
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records of the Employees' Retirement System at the time of his death, or retirement, whichever is applicable. (Acts 1962, pp. 723, 731.)

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 benefis 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 this 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.

(2) Within 90 days prior to January 1, 1944, each employer having a

local retirement fund shall report to the board of Trustees a complete list

of all teachers in his employ, giving for each such teacher the date of birth,

years of service, and salary, showing the amount of such salary which is

paid from State funds and such other information as shall be needed by

the Board of Trustees in order to establish for each teacher a prior service

credit on account of the salary of such teacher paid from State funds, and

such Board of Trustees shall then issue to such teacher a prior service

certificate which shall continue in force so long as such teacher remains in

the employ of such employer, or in the service of an employer not having

a local retirement fund, without a break in service which would have re-

sulted in the canceling 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.

(3) Should a teacher in the service of an employer operating a local retirement fund become a member of this retirement system by entrance into the service of an employer, without a'local retirement fund, he shall contribute to the State systam while so employed and continue with the

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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 Accumulaion Fund, shall include the liability 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 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 of all teachers such balance shall be paid by the managing board of the local retirement fund to the employer. Upon the dissolution of any local retirement fund, in accordance with this subsection the employer shall become liable for and shall pay all pensions entered upon and in effect at the time the local retirement fund is dissolved.
(6) If any local retirement fund shall be dissolved as herein provided within six months after the commencement date, teachers in the service of such employer shall be entitled to become members of this system as of the date of such dissolution, and shall be entitled to prior service 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.
32-2923. Exemption of rights under Chapter from legal process. Assignability. The right to a pension, an annuity or a retirement allowance,
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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. The exemptions and immunities provided hereunder shall extend to benefits accrued or accruing to a member of a local retirement system as provided in section 9, to the extent attributable to amounts paid by the Retirement System to such local retirement system for the account and benefit of such member. (Acts 1943, pp. 640, 668; 1960, pp. 1153, 1154.)
32-2924. Correction of errors. Should any change or error in the records result in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. (Acts 1943, pp. 640, 668.)
32-2925. Obligations of pension accumulation fund. The maintenance of annuity reserves and pension reserves as provided in this Chapter, the crediting of regular interest to the annuity savings fund as provided in section 32-2921, and the payment of all pensions, annuities, retirement allowances, refunds and other benefits granted under the provision 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; 1962, pp. 723, 726.)
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 pension* 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 terms of the Georgia teachers retirement system. (Acts 1943, pp. 640, 669; 1949, p. 1197.)
32-2927. Effective date of Chapter. Time for beginning of contributions; commencement date of amendments. The Chapter shall become effective upon its approval but neither the State nor any other employer or member shall be obligated to make contributions for the pensions and annuities provided herein until after the General Assembly has by appropriation made available funds for the contribution of the State for its part of such pensions and annuities as stated in this Chapter. 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
169

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 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 actuarial 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.)
Editorial Note: This section may have been repealed by implication. See Code 32-2921.1.
32-2930. Minimum benefits to teachers retiring with 35 years service; pro-rata benefits to those with less service. Any provision in this Chapter to the contrary notwithstanding, the minimum service retirement benefit of a member with 35 years of service shall be $100 per month. The provisions of this section are retroactive to teachers already retired and shall apply on a pro-rata basis to those teachers who retire with less than 35 years service. (Acts 1956, pp. 789, 790.)
Cross-reference. Service retirement benefits generally, see code 32-2905.
32-2931. Retirement rights under local plans for teachers and employees accepting employment in nonsectarian private schools. Any teacher or school employee employed in any public school and coming under the provisions of laws relating to any retirement fund or pension system maintained by any county, city or independent school district in this State, or the board of education thereof, who shall accept employment in any nonsectarian private school in this State in which students attending the same are eligible for grants from the State under other laws of this State, shall continue subject to all the provisions of such laws and entitled to all the benefits provided thereby or thereunder, if he shall make or cause to be made to the fund created by such laws such contributions from time to time as would have been required by and for the benefit of such teacher or school employee had he continued in the public schools. (Acts 1957, p. 8.)
Cross-reference. Schools eligible for grants, see code 32-805. Rights of teachers in such schools under Teachers' Retirement System, see code 32-2901.
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32-2732. Procedure for increasing allowances; contribution of State funds. The board of trustees shall after an actuarial investigation into the benefit structure of the system, study the benefits being paid to the retired members prior to the effective date of this section with authority to increase their retirement allowances in keeping with actuarial soundness of the system. The board of trustees is hereby required to make available semi-annually such funds as the income of the State will allow to the retirement structure for those members retired on or before July 1, 1961 until a minimum floor of $5 for each year of service up to 40 years is reached. If the funds made available semi-annually are not sufficient to fully finance said aforementioned floor the amount necessary to reach said floor or any part thereof may be authorized by the Budget Bureau to be paid from State funds: Provided, however, that the contribution of State funds shall be reduced as the funds made available from the income of the retirement system is increased. Said practice shall continue until the retirement system can absorb the entire cost of maintaining said minimum of $5-floor. (Acts 1961, pp. 392, 397; 1962, p. 666; 1963, p. 656.)
40-2503(8). Employees' Retirement System, transfer of credits from teachers' retirement system, (a) Any other provision of law to the contrary notwithstanding, any member of the Teachers' Retirement System of Georgia, who after the effective date of this Act becomes an employee of an agency subject to the provisions of this Act, shall retain his membership with that system. Provided, however, that upon written request by such member to the Board of Trustees of said system authorizing said Board to adjust his prior service credits in the same manner as those members of Division "A" of the Employees' Retirement System, such member shall, upon certification from the Teachers' Board of Trustees to the Employees' Board of Trustees, be eligible for and become a member of Division "A" within the Employees' System. So long as such individual continues his membership in Division "A",, his adjusted credits with the Teachers' System shall continue to be active and his accrued contributions under the Employees' System shall be transferred at least annually, or upon request of the Teachers' System, to and become a part of the records of said system. Such individual shall accrue no credits or benefits provided for under this Act except to increase his credits with the Teachers' System.
(b) Any former member of the Teachers' System who on or after October 1, 1959 and prior to the passage of this Act transferred his membership to the Employees' System shall upon his request, have his prior service credits adjusted in the same manner as those members of Division "A", of said System and thereupon become a member of Division "A", Employees' Social Security Coverage Group. (Acts 1949, p. 138; 1951, pp. 394, 396, 397, 398; 1953, Jan. Sess, p. 349; 1956, p. 54; 1957, p. 283; 1961, p. 143.)
Note: The act of 1961 amended the Employees' Retirement System Act so as to add the above sub-paragraph (sub-paragraph 8), which affects the Teachers' Retirement System.
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PART XXIX
CRIMES
Note: Code Section 32-9906 was repealed by 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 remuneration to members of the State Board of Education or others having authority to select school books, by publishers or their agents, shall be guilty of a misdemeanor, and on conviction shall be punished as provided by law in such cases. (Acts 1937, pp. 864, 868.)
32-9902. Officers', etc., failure of duty, punishment. On the failure or the refusal of any person or persons mentioned in section 32-416 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, pp. 136, 145.)
32-9904. Punishment for furnishing books and supplies. Any publisher of school textbooks, or agent of such publisher, or any member of any board of education, or public school official who violates any of othe provisions of sections 32-801 to 32-812, relating to furnishing books other than uniform textbooks, etc., on conviction thereof shall be punished as for a misdemeanor; and any such member of a board of education or public school official shall, in addition, be removed from his official position. Any retail dealer of school textbooks acting as agent for any board of education, who violates any of said provisions shall, upon conviction, be punished as for a misdemeanor. (Acts 1919, p. 310.)
32-9905. Intent to defraud. Whoever, with intent to defraud the State or any county, town or city, or any person, shall falsely and fraudulently make, forge, alter or counterfeit, or cause or procure to be falsely and fraudulently made, forged, altered or counterfeited, or shall willingly aid or assist in falsely and fraudulently making, forging, altering or counterfeiting, any certificate or license issued by any county superintendent of schools or the executive officer of any local school board to a teacher, shall be guilty of a felony, and upon conviction therefor shall be punished as prescribed by section 26-3901. (Acts 1919, p. 355.)
32-9907. Violation of sections 32-1022 to 32-1024 concerning teachers' oath. Any person violating the provisions of sections 32-1022, 32-1023, or 32-1024 relating to oath of teachers and other State employees shall be
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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 theeof shall be punished as for a misdemeanor. (Acts 1943, pp. 623, 624.)

32-9912. Attempting to defraud teachers' retirement system created by Chapter 32-29. Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the teachers' retirement system created by Chapter 32-29, in any attempt to defraud the system as a result of such act shall be guilty of misdemeanor, and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding $500, or imprisonment not exceeding 12 months, or both, such fine and imprisonment to be at the discretion of the court (1943, pp. 640, 668.)

32-9913. Compulsory school attendance law; violating rules of State

Board of Education or section 32-2114. Any person violating any provision

of section 32-2114, relating to cooperation of school officials with visiting

teachers and attendance officers, or of the rules and regulations of the

State Board of Education, relating to compulsory school attendance, previ-

ously 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.)

o

32-9914. Same; penalties for violation of Chapter 32-21 by parents and guardians; duty of visiting teachers and attendance officers to file proceed-

ings. 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

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school in violation of said Chapter shall constitute a separate offense. Visiting teachers and attendance officers shall have authority and it shall be their duty to file proceedings in court to enforce the provisions of said Chapter. (Acts 1945, pp. 343, 347.)
32-9915. 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 official charged with the duty of obtaining the school census in any county or independent school system the necessary information to enable such person to obtain an accurate and correct census, or shall knowingly and willfully 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. False statements or misuse of funds in connection with State grants.--Any person who shall knowingly make any false statement in writing on any application or form required or authorized under sections 32-813 through 32-819.3, relating to State grants for education, or any person who shall obtain, seek to obtain, expend, or seek to expend any education grant funds for any purpose other than in payment of or reimbursement for the costs of attendance of his child or ward at a nonsectarian private school or public school as and for the purpose as herein provided, shall be guilty of a misdemeanor and punished as provided by law. (Acts 1962, pp. 552, 557.)
32-9918. Penalty for operation of private school without certificate of safety issued by State Fire Marshal; abatement as nuisance. Any person, group of persons, or corporation operating any school without the certificate by the State Fire Marshal to the effect that a private school building does not constitue a fire hazard as required by section 32-811, shall be guilty of a misdemeanor, and shall on conviction be punished as provided by law; and each day's maintenance or operation of any school without such certificate shall constitute a nuisance which may be abated as such by the superior court of the county in which the same is situated upon petition therefor filed in the name of the State by the Attorney General. (Acts 1956, p. 15.)
PART XXX
NOMINATIONS FOR OFFICE FILLED BY GRAND JURY
APPOINTMENT
59318. Selection of persons for offices by Grand Jury: Notice. Whenever it is provided by law that the grand jury of any county shall elect, select or appoint any person to any office, notice thereof shall be given in the manner hereinafter provided. (Acts 1958, p. 686; 1959, p. 424.)
59-319. Same; Publication. It shall be the duty of the clerk of the superior court to publish in the official organ of the county, a notice that certain officers are to be elected, selected or appointed by the grand
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jury of said county. Such publication shall be made once a week for two weeks during a period not sooner than 60 days prior to such election, selection or appointment. The cost of such advertisement shall be paid from the funds of the county, and it shall be the duty of the governing authority of the county to promptly pay said cost. (Acts 1958, pp. 686, 687; 1959, pp. 424, 425.)
PART XXXI
FLAGS
86-1205. Pledge of allegiance to State flag. The following is adopted as the pledge of allegiance to the State flag: "I pledge allegiance to the Georgia flag and to the principles for which it stands: Wisdom, Justice, and Moderation." (Acts 1955, pp. 10, 114.)
86-1206. State flag to be displayed. The State flag shall be displayed on appropriate occasions in the public and private schools of this State and in all patriotic meetings, and the citizens of our State are requested to take the pledge of allegiance set out in section 86-1205. (Acts 1955, pp. 10, 114.)
PART XXXII
POLITICAL SUBDIVISIONS:
EMPLOYEES SOCIAL SECURITY LAW 99-2101. Declaration of policy of Chapter. In order to extend to employees of the State of Georgia and the political subdivisions of this State and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the General Assembly, subject to the limitations of this Chapter, that such steps be taken as to provide such protection to employees of the State and the political subdivisions of the State on as board a basis as is permitted under the Social Security Act. (Acts 1953, Nov. Sess., p. 294; 1956, pp. 75, 76.) 99-2102. Definitions. For the purpose of this Chapter: (a) the term "wages" means all remuneration for employment as defined herein, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of that Act.
(b) The term "employment" means any service performed by an employee in the employ of the State or any political subdivision of the State, for such employer, except (1) service which in the absence of an agreement entered into under this Chapter would constitute "employment" as
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defined in the Social Security Act; or (2) service which under the Social Security Act may not be included in an agreement between the State and the Secretary of Health, Education and Welfare, entered into under this Chapter. Service which under the Social Security Act may be included in an agreement only upon certification by the Governor in accordance with Section 218 (d) (3) of that Act shall be included in the term "employment" if and when the Governor issues, with respect to such service, a certificate to the Secretary of Health, Education and Welfare pursuant to section 99-2109 (b). For the purpose of this Act, any individual compensated for services as a school bus driver, either through a contractual relationship or otherwise, is deemed to be an employee of the governing Board of Education for which such services are performed.
(c) The term "employee" includes an officer of a political subdivision of the State.
(d) The term "State agency" means the Employees' Retirement System of Georgia.
(e) The term "Secretary of Health, Education and Welfare" includes any individual to whom the Secretary of Health, Education and Welfare ha0 delegated any functions under the Social Security Act with respect to coverage under such Act of employees of States and their political subdivisions, and with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such Administrator had delegated any such functions, and whenever in this Chapter the term Federal Security Administrator is used, it shall mean Secretary of Health, Education and Welfare.
(f) The term "political subdivision" within the terms of this Chapter, means counties and incorporated towns and cities and includes an instrumentality of (A) the State, (B) one or more political subdivisions of the State, or (C) the State and one or more of its political subdivisions; The Board of Regents of the University System of Georgia, and the Federal and State Cooperative Inspection Service of the State of Georgia.
(g) The term "Social Security Act" means the Act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the "Social Security Act," (including regulations and requirements issued pursuant thereto), as such Act has been and may from time to time be amended.
(h) The term "Federal Insurance Contribution Act" means Subchapter A of Chapter 9 of the Federal Internal Revenue Code of 1939 and Subchapters A and B of Chapter 21 of the Federal Internal Revenue Code of 1954, as such codes have been and may from time to time be amended: and the term "employee tax" means the tax imposed by section 1400 of such Code of 1939 and section 3103 of such Code of 1954. (Acts 1953, Nov. Sess., p. 294; 1956, pp. 75-78; 1958, pp. 198, 199; 1959 pp. 445, 446.)
99-2103. Federal-State agreement; interstate instrumentality, (a) The State agency, with the approval of the Governor, is hereby authorized to enter on behalf of the State into an agreement with the Federal Security Administrator, consistent with the terms and provisions of this Chapter, for the purpose of extending the benefits of the Federal old-age and sur-
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vivors insurance system to employees of the political subdivisions of the State with respect to services specified in such agreement which constitute "employment" as defined in section 99-2102. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification and termination of the agreement, administration, and other appropriate provisions as the State agency and Federal Security Administrator shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that:
(1) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act;
(2) The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in section 99-2102), equal to the sum of the taxes which would be imposed by the Federal Insurance Contribution Act if the services covered by the agreement constituted employment within the meaning of that Act.
(3) Such agreement shall be effective as of the date specified therein provided; however, it shall not be effective prior to the date permitted by the Federal Social Security Act with respect to services in employment covered by the agreement.
(4) All services which (A) constitute employment as defined in section 99-2102, (B) are performed in the employ of the State or a political subdivision of the State, and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the State agency under section 99-2104, shall be covered by the agreement.
(5) As modified, the agreement shall include all services described in paragraph (4) of this subsection and performed by individuals in positions covered by a retirement system with respect to which the Governor has issued a certificate to the Secretary of Health, Education and Welfare pursuant to section 99-2109 (b).
(b) Interstate instrumentalities. Any instrumentality jointly created by this State and any other State or States is hereby authorized, upon the granting of like authority by such other State or States, (1) to enter into an agreement with the Federal Security Administrator whereby the benefits of the Federal old-age and survivors insurance system shall be extended to employees of such instrumentality, (2) to require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts which they would be required to pay under section 99-2104 (a) if they were covered by an agreement made pursuant to subsection (a) of this section, and 3) to make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, to consistent with the terms and provisions of subsection (a) of this section and other provisions of this Chapter.
(c) Pursuant to Section 218 (d) (6) of the Social Security Act and for
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the purpose of this Chapter, at the election of the Governor, any retirement system which covers employees of more than one political subdivision or employees of the State and one or more political subdivisions, shall be deemed a separate retirement system with respect to each political subdivision or as to the State and one or more political subdivisions having positions covered thereby. Provided further, pursuant to section 218 (p) of the Social Security Act, and also of the purposes of this law, any retirement system which covers positions of policement or firemen, or both, and other positions shall, if the Governor so elects, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be.
(d) For the purposes of this Act any retirement system established by the State of Georgia or any political subdivision thereof, or established by an Act of the General Assembly, which, on, before, or after the date of enactment of this subsection is divided into two divisions or parts, one of which is composed of positions of members of such system who desire coverage under the agreement under this Act and the other of which is composed of positions of members of such system who do not desire such coverage, system as defined in the Social Security Act, be deemed to be a separate retirement system with respect to each such division or part; provided, however, at the election of the Governor, the referendum and the division of such system may occur simultaneously as authorized by section 213 (d) (7) of the Social Security Act. The positions of individuals who become members of such system after such coverage is extended shall be included in such division or part of such system composed of members desiring such coverage. The position of any individual which is covered by any retirement system to which the preceding two sentences are applicable shall, if such individual is ineligible to become a member of such system on the date of August 1, 1956, or, if later, the day he first occupies such position, be deemed to be covered by the separate retirement system consisting of the positions of members of the division or part who do not desire coverage under this chapter.
(e) As to the Superior Court Judges Retirement Fund of Georgia, which is a retirement fund divided pursuant to subsection 218 (d) (b) (c) of the Social Security Act, the position of any member of the division or part who do not desire coverage may be transferred to the separate retirement fund composed of positions of members who do desire coverage upon such terms and conditions and at such time as permitted by the Federal law. In the event of such transfer the employee contributions of such member required for social security coverage shall be deducted by the State Treasurer and remitted to the State agency together with the required employer contributions, and the State Treasurer is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State of Georgia the required employer contributions on any such transferred member. (Acts 1953, Nov. Sess., pp. 294, 296; 1956, pp. 75, 78, 79; 1957, pp. 586, 587; 1958, pp. 198, 199; 1964, p. 303.)
99-2104. Plans for coverage of employees of political subdivision. (a) Each political subdivision of the State is hereby authorized to submit for approval by the State agency a plan for extending the benefits of Title
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K
H of the Social Security Act, in conformity with applicable provisions of such act, to employees of such political subdivisions, and the Adjutant General, acting on behalf of this State, is authorized to submit and enter into a similar plan with the State agency for extending said benefits to the civilian employees of the National Guard units of this State, who are, for the purposes of this Chapter, deemed to be a separate coverage group as provided for in the Federal Social Security Act. Each such plan and any amendments thereof shall be approved by the State agency if it finds that such plan, or such plans as amended, is in conformity with such requirements as are provided in regulations of the State agency, except that no such plan shall be approved unless: )
(1) It is in conformity with the requirements of the Social Security Act and with the agreement entered into under section 99-2103;
(2) It provides that all services which constitute employment as defined in section 99-2102 and are performed in the employ of a political subdivision by employees thereof shall be covered by the plan except that it may exclude services performed by individuals to whom Section 218 (c) (3) (C) of the Social Security Act is applicable.
(3) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (1) of subsection (c) and by subsection (d) of this section are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose;
(4) It provides for such methods of administration of the plan by the political subdivision as are found by the State agency to be necessary for the proper and efficient administration of the plan;
(5) It provides that the political subdivision will make such reports, in such from and containing such information, as the State agency may from time to time require, and comply with such provisions as the State agency or the Federal Security Administrator may from time to time find necessary to assure the correctness and verification of such reports; and
(6) It authorizes the State Agency to terminate the plan in its entirety, in the discretion of the State agency, if it finds that there has been a failure to comply with any provision contained in such plan, such termination to take effect at the expiration of such notice and no such conditions as may be provided by regulations of the State agency and may be consistent with the provisions of the Social Security Act: Provided that such conditions as may be provided by the regulations of the State agency for such termination shall assure that the State shall not incur any debts or loss in relation to any amounts due to State from other provisions of the Social Security Act, including grants in aid for public assistance and fir maternal and child welfare.
(b) The State agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection (a) of this section, and shall not terminate an approved plan, without reasonable notice and opportunity for hearings to the political subdivision affected thereby.
(c) (1) Each political subdivision as to which a plan has been approved under this section shall pay into the contribution fund, with respect to wages (as defined in section 99-2102), at such time or times as the State
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agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the State agency under section 99-2103.
(2) Each political subdivision required to make payments under paragraph (1) of this subsection is authorized, in consideration of the employee's retention in, or entry upon, employment after enactment of this Chapter, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution will respect to his wages (as defined in section 99-2102,) not exceeding the amount of the employee's tax which would be imposed by the Federal Insurance Contribution Act if such services constituted employment within the meaning of that Act, and to deduct the amount of such contribution from his wages as and when paid. Contributions so collected shall be paid into the contribution fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (1) of this subsection. Failure to deduct such contributions shall not relieve the employee or employer liability therefor.
(d) Delinquent payments due under paragraph (1) of subsection (c) may, with interest at the rate of six per centum per annum, be recovered by action in court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the State agency, be deducted from any other moneys payable to such subdivision by any department or agency of the State.
(e) Should any county board of education, independent board of education, area board of education, incorporated town or incorporated city, who has entered into a plan of coverage for their employees with the State agency as provided for in this section, fail to make collection from their employees and to make reports and payments agreed to in their plan of coverage, it shall be the duty of the State agency 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 such county board of education, independent board of education, area board of education, incorporated town or incorporated city failing to make the reports and payments all appropriations allotted to such board of education, town or city, until such board of education, town or city has fully complied with the provisions agreed to in its plan of coverage entered into with the State agency, and it shall be illegal for the State Board of Education or Department of Education to pay out or release such funds, unless the provisions of this section are complied with.
(f) Should the governing authority of any county which has entered into a plan of coverage for its employees with the State agency as provided for in this section fail to make collection from its employees and to make reports and payments agreed to in such plan of coverage, it shall be the duty of the State agency to notify the State Highway Board and the State Treasurer of such failure and thereupon, it shall be the duty of the State Highway Board and the State Treasurer to withhold from such county governing authority all appropriations for highway and road purposes allotted to such county until such county governing athority has fully complied with the provisions agreed to in its plan of coverage by making reports and remittances of the payment provided for in its plan of coverage entered into with the State agency, and it shall
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be illegal for the State Highway Board or the State Treasurer to pay out or release such funds, unless the provisions of this section are complied with: Provided, however, the State Highway Board and the State Treasurer are hereby authorized and directed, upon certified request of the State agency, to remit to the State agency from such withheld funds the amount necessary to cover the remittances which such county governing authority has failed to pay to the State agency: Provided further, that the State Highway Board and the State Treasurer are hereby authorized to release all such withheld funds upon authorization from the State agency. (Acts 1953, Nov. Sess. pp. 294, 297; 1956, pp. 80; 576, 577; 1964, pp. 304, 305.)
99-2105. Contribution fond, (a) There is hereby established a special fund to be known as the contribution fund. Such fund shall consist of and there shall be deposited in such fund: (1) all contributions, interest, and penalties collected under section 99-2104; (2) all moneys appropriated thereto under this Chapter; (3) any property or securities and earnings thereof acquired through the use of moneys belonging to the fund; (4) interest earned upon any moneys in the fund, and (5) all sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other moneys received for the fund from any other source. All moneys in the fund shall be mingled and undivided. Subject to the provisions of this Chapter, the State agency is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with the provisions of this Chapter.
(b) The contribution fund shall be established and held separate and apart from other funds or moneys of the State and shall be used and administered exclusively for the purpose of this Chapter. Withdrawals from such fund shall be made for, and solely for (A) payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under section 99-2103; (B) refunds of overpayments, nor otherwise adjustable, made by a political subdivision or instrumentality; and (C) expenses incurred in the administration o fthis Chapter.
(c) From the contribution fund the custodian of the fund shall pay to the Secretary of the Treasury such amounts and at such time or times as may be directed by the State agency in accordance with any agreement entered into under Section 99-2103 and the Social Security Act.
(d) The treasurer of the State agency shall be treasurer and custodian of the contribution fund and shall administer such fund in accordance with the provisions of this Chapter and the directions of the State agency, and shall pay all warrants drawn upon it in accordance with the provisions of this section and with such regulations as the State agency may prescribe pursuant thereto. He shall be compensated for these services in any amount established by the board of trustees of the State agency commensurate to the duties and responsibilities.
(e) (1) There are hereby authorized to be appropriated annually to the contribution fund, in addition to the contributions collected and paid into the contribution fund under section 99-2104, to be available for the purposes of section 99-2105 (b)and (c) until expended, such additional
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sums as are found to be necessary in order to make the payments to the Secretary of the Treasurer which the State is obligated to make pursuant to an agreement entered into under section 99-2103. (Acts 1953, Nov. Sess., pp. 294, 301.)
99-2106. Rules and regulations. The State agency shall make and publish such rules and regulations, not inconsistent with the provisions of this Chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this Chapter. (Acts 1953, Nov. Sess., pp. 294, 302.)
99-2107. Studies and reports. The State agency shall make studies concerning the problem of old-age and survivors insurance protection for employees of the political subdivisions of the State and concerning the operation of agreements made and plans approved under this Chapter and shall submit a report to the legislature at the beginning of each regular session, covering the administration and operation of this Chapter during the period since the last session or report, including such recommendations for amendments to this Chapter is it considers proper. (Acts 1953, Nov. Sess., pp. 294, 303.)
99-2108. Expenses. Administative costs. All expenses of the State agency relative to and incidental to the administration of this Chapter shall be paid from funds paid into the State agency by participating subdivisions for such purpose as shall be provided by the rules and regulations of such State agency. (Acts 1953, Nov. Sess., pp. 294, 303.)
99-2109 Referenda and certification. The Governor is empowered to authorize a referendum, and to designate any agency or individual to supervise its conduct, in accordance with the requirements of Section 218 (d) (3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the State or by apolitical subdivision shall be excluded from or included under an agreement under this Chapter. The notice of referendum required by Section 218 (d) (3) (C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient to inform the employees of the rights which will accrue to them and their dependents and survivors, and the laibilities to which they will be subject, it their services are included under an agreement under this Chapter.
(b)Upon receiving evidence satifactory to him that with respect to any referendum the conditions specified in Section 212 (d) (3) of the Social Security Act have been met, the Governor is authorized to so certify to the Secretary of Health, Education and Welfare. (Acts 1956, pp. 75, 81.)
99-2110. Employees' Social Security Coverage Group; establishment; function. Pursuant to Paragraph 2, Section 1, Article XIV (Section 2-8202) of the State Constitution, and subparagraph 7-A of Paragraph 1 of Section 2 of Article VII (Section 2-5501) of said State Constitution, with due consideration to the limitations embodied therein, there is hereby established a separate coverage group to be known as Employees' Social Security Coverage Group, membership of which shall consist of all State employees who are in the
182

group to be covered for social security, the conditions of membership to be as established in the Act governing the Employees' Retirement System of Georgia.
(a) The Employees' Social Security Coverage Group herein provided shall for the purposes of this section be and it is hereby declared to be under the jurisdiction and control of the Board of Trustees of the Employees' Retirement System of Georgia. Said Board is authorized to establish such rules and regulations as are necessary to provide for payment of the contributions required under the Social Security Act, and the proper administration of the provisions of this section, and is further authorized to modify the present agreement with the Secretary of Health, Education and Welfare of the United States, consistent with the terms and provisions of this Chapter for the purpose of extending the benefits of the Old-Age and Survivors Insurance System to members of said coverage group; such coverage to become effective not earlier than July 1, 1956. (Acts 1956, pp. 75, 82.)
Cross-reference. Employees' Social Security Coverage Group as "Division A"' of Employees' Retirement System, see Code 40-2525.
99-2111. Chapter as sole methods of obtaining coverage. The Social Security coverage for employees of the State as provided in this Chapter, shall be the sole and exclusive method for obtaining such coverage regardless of the source of funds used for payment of salaries or wages. (Acts 1957, pp. 586, 587.)
Note: Other provisions extending the Social Security Act to other specific officials, which have no application to education officials or employees, are not included herein. See Code Ann., Sec. 99-2112 et seq.
PART XXXIII
REGULATIONS Note: The State Board of Education issues numerous regulations on various matters from time to time which are not included herein for the reason that such regulations are frequently changed. For any information concerning such ergulations, inquiry should be addressed to the State Department of Education, Atlanta, Ga.
Suggested Regulations and Forms for Administration For 1941 Tuition Grants Law.
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REGULATIONS OF THE STATE BOARD OF EDUCATION GOVERNING APPEALS
A RESOLUTION
Revising and superseding the regulations of the State Board of Education Relating to Appeals.
WHEREAS, the 1961 General Assembly amended the laws relating to appeals to the State Board of Education from local school systems (Ga. Laws 1961, p. 39), thereby rendering it appropriate that the State Board revise its regulations relating thereto;
NOW THEREFORE, BE IT RESOLVED by the State Board of Education, that the existing regulations governing appeals be and the same are hereby repealed, and the following substituted in lieu thereof:
REGULATIONS GOVERNING APPEALS TO STATE BOARD
Section 1. Nature of Appeals. Under Code Sec. 32-910 as amended (Ga. Laws 1961, p. 39), the State Board has appellate jurisdiction with respect to decisions and orders rendered in controversies by local, county or city boards of education. The State Board has appellate jurisdiction only, and does not decide the controversy de novo. The Board will not hear witness or receive other evidence, but will decide all cases on the basis of the transcript of evidence and proceedings transmitted from the local board, although the Board does reserve the right to require personal appearance of the appellant and question such appellant concerning his contentions. (See Boney v. County Board of Education of Telfair County, (203 Ga. 152; Op. Atty. Gen. 1952-53, p. 54; Op. Atty. Gen. 1948-49, p. 128; Op. Atty. Gen. 1954-56, p. 280.
Section 2. Hearing Before Local Board. As held by the Supreme Court in the Boney case (203 Ga. 152, 1956), it is only "decisions of the county (or city) board made on disputed issues" that are appealable to this Board. In most instances, decisions of the local board, being usually policy determinations and therby legislative or executive in character, are made ex parte in regular or special meetings, and the persons complaining thereof are not present before the local board to make an issue until sometime subsequent to the rendition of the decision complained of. In such cases, the person aggrieved by such decision shall file a written motion for reconsideration with the local board within 15 days of the decision complained of, setting forth clearly and succinctly the reasons wherein such decision is complained to be erroneous. If such motion is not filed by an attorney representing the movant, notice to any one movant therein named shall be deemed notice to all, unless such motion expressly designates the name and address of some person upon whom such notice may be perfected Section 3. Notice and Hearing. The local board shall notify the appellant and any other interested parties, by such means as may be reasonable under the circumstances, of the time and place for hearing on the motion for reconsideration. At said hearing, all witnesses shall be sworn by the chairman or any member of the board, or its attorney. The local board shall cause
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the testimony and other evidence to be transcribed by a court reporter or other appropriate means. On all issues not quasi-judicial in nature, such as questions relating to school consolidation, transportation routes and
practices, merger of schools, and pupil placement, the local board may read into the record the basis of its decision previously reached, which shall constitute a part of the evidence in the case. All witness sworn and testifying shall be subject to reasonable cross examination, but the strict rules of evidence prevailing in courts of law shall not be applicable to hearings before local boards. At the conclusion of the hearing, the local board shall render its decision, or else adjourn to a day not more than 15 days thereafter for rendition of its decision on the motion.

Section 4. Hearing by Local Board Before Initial Decision. In some cases, the local board may wish to give notice of hearing prior to making even its initial decision. This would be generally true anyway in all disputes of a quasi-judicial nature, such as proceedings for removal of the superintendent under Code Sec. 32-1008 (Supp.). In such cases, the board shall give such notice as will, under the circumstances, be reasonably calculated to aprise the interested parties of the time and place of hearing and the issues to be decided. All interested parties shall file, at least 2 days prior to such hearing, a written statement of their contentions to the same extent as hereinbefore required as to motions for reconsideration. All other proceedings thereafter shall be conducted in the same manner as hereinbefore provided for motions for reconsideration.

Section 5. Appeals to State Board. Any interested person dissatisfied with

any ruling by a local board of education rendered as provided in Sections

3 or 4 herein may appeal to the State Board by filing in duplicate with

the local superintendent, a written appeal in the manner required by

Code Section 32-910, as amended. The appeal must distinctly snt forth

the questions and issues involved and state the reasons why the decision

complained of is alleged to be erroneous, and must be filed within 15 days

of the decision complained of. If the appellant does not file with such

appeal a transcript of the evidence and proceedings before the board,

including all documents, he shall also file as a part of said appeal, a request

that the superintendent transcribe and prepare such a transcript, in which

event the superintendent may require the appellant to pay in advance

the cost of such preparation. If for any reason the proceedings were not

reported, it shall be the duty of the appellant and superintendent to

prepare such a transcript from memory, and in case of disagreement, the

recollection of the superintendent shall control. It shall then be the duty

of the superintendent to prepare a record on appeal for transmission to

the State Board, which shall include (where applicable), (a) the initial

.

decision of the local board (b) the motion for reconsideration, with any

reply thereto, if any (c) any statements of contentions as referred to in

Section 4 herein (d) the transcript of evidence and proceedings (e) the

final decision of the local board; and (f) the appeal, and certify the same

as true and correct to the State Board of Education, c/o the State Super-

intendent of Schools, State Office Building, Atlanta, Georgia. The appeal

may be amended and a transcript filed, any time prior to transmission to

the State Board.

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Section 6. Procedure Before State Board. Upon receipt of the appeal, the State Superintendent of Schools or one of his assistants shall inspect said appeal to determine whether the same is in proper form for hearing by the State Board. The superintendent may procure the assistance of the Attorney General and State Department of Law in making this determination. If said appeal is found to be in proper form for hearing, the same shall be docketed and placed on the calendar for hearing before the State Board at the earliest practicable time, and the appellant, local superintendent and other interested paries shall be notified by mail of the time and place of hearing. If said appeal is not found to be in proper form for hearing, the State Superintendent shall notify the appellant thereof, and take such further action as may be deemed necessary or appropriate.
Section 7. Hearing Before State Board. The appellant may appear either in person or by attorney. New evidence will not be received, and argument shall be limited to thirty (30) minutes to the side, and shall be confined to the issues made by the record and evidence transmitted from below. The State Board shall not consider any question not specifically made in both the motion for reconsideration (or statement of contentions, as the case may be) and the written appeal. The Board may in any case require personal appearance of the appellant to question him concerning his contentions.
Section 8. Decision of State Board. The State Board may render its decision at the hearing or after consideration at a later date.
Section 9. Deadline for Docketing Appeals. An appeal must be docketed not less than ten (10) days in advance of the meeting of the State Board of Education at which the appeal is to be heard. The State Board of Education will hear the appeal at the earliest practicable date consistent with this policy.
Section 10. Non-compliance with policies. Failure to comply with any of the provisions in these regulations relating to an appeal will be grounds for dismissal.
Section 11. Supersedeas. No appeal shall act as supersedeas unless so ordered by the local board or by the chairman of the State Board of Education.
Section 12. Separability Clause. The provisions of this regulation are hereby declared to be separable; and the invalidation of any sentence, section or part hereof shall not affect or invalidate any other sentence, section or part hereof.
Approved by the Board September 13, 1961.
186

(>

INDEX

AGRICULTURE,

Extension work

81

ALCOHOLISM,

Study of

24

APPEALS,

County Board

74

State Board, regulations

184

Grants for education ._

64

APPLICATIONS, Tuition Grants
ASSOCIATION, Freedom of _
AUTHORITY FINANCING
AVERAGE DAILY ATTENDANCE

64
11, 12, 13, 103 34

BIBLE,

Reading in school

55

BIRD, ANIMAL AND FISH LIFE,

Instruction in

116

BLIND CHILDREN,

State Board to expend funds for

25

BLIND PERSONS,

Georgia Academy For the Blind

143

BOARD OF TRUSTEES,

Teachers Retirement System

158

BONDS, County Superintendent of Schools
Principals Schoolhouses State School Building Authority State Superintendent of Schools

84 65 . 93-102 106-114 26

BUDGETS, Approval under Minimum Foundation Program for Education 45, 48

BUILDINGS,

Construction of

93

CAPITAL OUTLAY FUNDS

40

CENSUS,

Crime to give false information

174

School

115

CERTIFICATION,

Teachers and Professional Personnel

30

187

CERTIORARI, Withholding of funds under Minimum Foundation Program for Education

CHAIRMAN, County Boards of Education

CIVICS,

Textbook on

.

COLLEGES, Regulation by State Board

COMMITTEES, Inspection

COMPULSORY ATTENDANCE, Ages to which applicable Closing of schools, suspended Exemptions Minimum attendance Ordinary, Trial of Cases Suspension of Visiting Teachers Excused absences for pages of General Assembly

CONDEMNATION, By County Boards

CONSOLIDATION AND REORGANIZATION OF SCHOOLS

CONSTITUTION OF GEORGIA, Association, freedom of Contracts between systems County Board of Education County Superintendent Donations Free Schools Grants Independent Systems Insurance Lunches Meetings Scholarships Segregation
State Board of Education, creation Superintendent
Systems of Schools Taxation
Teachers Retirement Trustees
Churches, appropriation to
Debt, counties
Religious Freedom

188

50, 54
73
28
20
25
119 61, 122
119 119
16 _ 122 120, 121 122
82
43, 76, 82
5 3, 11
2 3 4 1 5 3 13 11 3 5 1 1 2 1 4, 6> 8> 10 9 2 16 14 16

CONSTITUTION OF 1877, Systems prior to

CONTINGENCY FUND

CONTRACTS, Education of pupils Public Authorities

CORPORAL PUNISHMENT

CORRECTIONAL INSTITUTIONS, Educational Programs In

COUNTIES, Insurance Taxation, purposes of

COUNTY AGRICULTURAL AGENTS

COUNTY BOARDS OF EDUCATION,

Adults, schools for

Appeals _

Appeals from, regulations

Appointment, advertisement of in paper

Bonds, issuance

Budgets, approval

Certificates of election

Chairman (President)

Closing of Schools

Compensation

Condemnation of Property

Consolidation

Contracts for buildings

Contracts, pupils

Creation, members

-

Crime for member to sell to Board

Deaf Children, classes for

Donations to

Employees, election of

Evening Schools

Generally

Grand jury to select

High schools, establishment of

Industrial Education

Leases from State

Leases of school property

Loans by

Manual training

Meetings, public

Merger of Schools

Minutes

Physical Education, employment of teachers

Powers

Qualifications

189

i

mnMMMJW,

4
44
3 10
68
45, 67
13 8-9
81
139 74 184 174 94 49 72 73 59 72 82 76 96 3 2 173 122 4 30 79 70 71 79 79 26 61 77 78 3 91 73 117 73 71

yuorum Removal Reorganization of Schools by Sales by members illegal School district, definition School Property Secretary Sessions Superintendent, removal . Taxation, limitation Teachers Reports Temporary loans Transportation, loans for Trustees, appointment of _ Tuition, free Tuition Grants Vacancies Vaccination of pupils
COUNTY COMMISSIONERS, Schools for adults, establishment of
COUNTY SUPERINTENDENT OF SCHOOLS Generally Administer oaths Bond Certification of Compensation Duties Election Election, terms of office Funds liable for Monthly reports Oath Qualifications Removal Reports Secretary to Board Teachers, examination and suspension Teachers licenses Vacancies, filling
CRIMES, Census, violation Certificates, teachers, forging Compulsory school attendance Fire Marshall, operating school without certificate Gifts to school officials Private school, failure to get fire certificate Sales by Board members to Board
Selling tickets to athletic contests
Teachers certificates, forging
Teachers oath
190

73 72 82 81 70 73 75 73 84 4 76 15 78 88 80 62 72 75
140
82 86 84 84 84 85
3 83 80 76 84 84 84 27 75 85 86 83
_ 174 _ 172 _ 173 _ 174 _ 172 _ 174 _ 173
_ 173
_ 172
_ 172

I^BH

Textbook publishers, gifts by

Tuition Grants, illegal use

Uniform Textbook requirements

--

CURRICULUM, State Board to prescribe ___
DEAF CHILDREN, Special classes for State Board to expend funds for

DEAF PERSONS, Georgia School For the Deaf

DEBT, Counties, cities Limitation Temporary Loans To Pay Teachers
DEPARTMENT OF EDUCATION See Board of Education
DIRECTOR OF VOCATIONAL EDUCATION SERVICE _
DISABLED PERSONS, Vocational rehabilitation

DISABILITY BENEFITS, Teacher's retirement System
DISEASES DIVISION OF VOCATIONAL EDUCATION SERVICE,
Generally Definitions Director Powers State Board of Education, designated as agency _ State Superintendent of Schools, executive officer
DIVISION OF VOCATIONAL REHABILITATION Establishment of
DONATIONS, GIFTS Board may receive
ELECTIONS, Bond Issues Merger of schools Refunding bonds School closing Taxation
EMINENT DOMAIN, Exercise of
EMPLOYEES, Election of Social Security law coverage State Board of Education

191

172 174 172
25
122 25
143
14 10 15 92
138
128
153 116
128 . 128
131 . 130 . 130 . 131
129
3, 4
. 95 . 91 . 98 . 59 _ 88
.. 82
._ 30 _ 175 _ 17

EXEMPTION, Taxation

EXTENSION WORK, Vocational educational
FACILITIES, Contracts relating to
FEDERAL FUNDS, State Board to receive
FIRE ESCAPES

. 125 11 19
118

FIRE OR STAMPEDING HAZARDS

118

FLAG,

Allegiance to

175

FUNDS,

See also Minimum Foundation Program of Education Borrowing Capital Outlay Monthly allocation School kept separate State, Calculation under Minimum
Foundation for Education Taxation for
Tuition Grant Application Vocational education

77 40 76 80
_ 31-32 89
--.62-65 124-127

GEORGIA ACADEMY FOR THE BLIND AND SCHOOL FOR DEAF

Generally

'

Appropriations

143

Funds, transfer of

144

Inapplicability of other laws

143

State Board of Education as trustee

143

144

GEORGIA EDUCATION IMPROVEMENT COUNCIL

69-70

GEORGIA TRAINING SCHOOL,
Textbooks 58
GRAND JURY,

Appointments by, advertisement Board of Education, appointment County Board, selection of Loans, report to
GRANTS, Teachers Tuition grants for educationTZI
HEALTH,

174 2
71 78
5 5, 62-67

Regulations
HOLIDAYS School

-116-117 115

192

HOME ECONOMICS, Teaching of
HOMESTEAD EXEMPTION,
ILLITERATE ADULTS, School for
INDEPENDENT SCHOOL SYSTEMS Bonds County School Superintendent, not vote for Maintenance of Merger
INDUSTRIAL EDUCATION
INSURANCE, Authority to purchase . Liability Liability, purchase of _
ISOLATED SCHOOLS
LEASES, School property State Board to local boards
LIBRARIES, Establishment of Funds for
LOANS, County Boards of Education
LOCAL OPTION SCHOOL CLOSURE
LUNCHES, Funds for
MANUAL TRAINING, Schools
MENTALLY RETARDED CHILDREN

MERGER, School Systems

MINIMUM FOUNDATION FOR EDUCATION

Generally --Budgets, filing, approval .
Capital outlay funds Certification of teachers and professional personnel

Consumable Materials, funds for

-

Contingency fund, encouragement of consolidations

Correctional Institutions, education in

Deaf and blind, funds for
Funds, distribution of Educational Television, local share of expense

193

81 6
139-140
101 83 3 91 79
13 23 23 34
61 26
... 141-143 42
77 59
43
78-79 ... 61

91

. 28-55

47-49

40-42

--

_ 30 _ 34

_ 43

.... 45

_ 45

. 51-52

_ 37

Deaf and blind, funds for

Isolated schools, additional allotment

Library books and nonconsumables, funds for Libraries, funds for
Local financial ability

Local Units of Administration Lunches, funds for

Maintenance, operation and sick leave expenses, funds for ~ Mid-Term Adjustment

Principals, election of

Pupils attending schools in adjacent system Research, educational Salaries, minimum

School year and month

_

School year, extension of Special programs of education

State Board, powers and duties State funds, calculation of

State School Building Authority, Bonds, payment of State Superintendent powers and duties Student Honors Program
Summer School Program

Teachers and professional personnel, allotment of .... _____ Teachers and professional personnel, certification of _____ Teachers and professional personnel, employment of __ I Teacher-pupil ratio
Textbooks, funds for Total cost of program

Transportation of pupils, funds for

Travel expenses of school personnel Vocational Education

Vocational Rehabilitation Withholding of funds

MINUTES, County board meetings

MUNICIPALITIES,
Independent systems, maintenance of Libraries, establishment of

OATHS,

Board of Trustees, Teachers Retirement System

County Superintendent of Schools

_

Hearings

State Board of Education

State Superintendent Teachers

ORDINARY, Compulsory attendance law
PHYSICAL EDUCATION

45 34 34 42 37 29 43 _ 33 -- 52 -- 30 __ 53 54 __ 31 -- 29 45 _ 37 29, 54 -- 31-32 _ 108 _ 29 _ 53 _ 42 . 32-33 -- 30 .... 35 -- 32 .... 33 _ 31 _ 35 _ 36 .__ 44 _ 44 50-54
73
- 141
158 85 86 18 26 87
16
117

194

PRINCIPALS, Bonds required Election of Reports
PRIOR SERVICE CREDITS, Teachers retirement _
PRIVATE SCHOOL, Grants to attend _ Tax exemption Teacher retirement benefits
PROPERTY, Use of school as community center
PUBLICATION, Appointments by Grand Jury
PUPILS, Adults, schools for Another county, may attend Average daily attendance -- Compulsory attendance Corporal Punishment Deaf, special classes for Flag, allegiance to Mentally retarded Tuition grants Vaccination of
PUBLIC LIBRARIES, Establishment of
REFUNDING, Bonds
REGULATIONS, Appeals to State Board
RELIGIOUS FREEDOM
REMOVAL OF SUPERINTENDENT
REPORTS, County Superintendent of Schools Principals Teachers
RESEARCH, State Board to expend funds
RETIREMENT, Teachers Retirement System --
SAFETY, Fire and Stampede
195

65 30
66
144-148
. 5, 62-64 6
170
117
174-175
139 53 32
119-1^2 _ 122 _ 175 ... 61 62-65 _ 75
141-143
98
50, 54, 184 16
75-76
28, 66, 76-77, 86 66 76
24, 54
144-171
118-119

SALARIES,

Schedule of

School bus drivers

31 35

SALES BY BOARD MEMBERS

Illegal 81

SCHOOL BUILDING AUTHORITY FOR THE DEAF AND BLIND

Functions transferred SCHOOL PROPERTY,

'

143

Levy and sale, exempt from

81

SCOLASTIC MONTH,

Defined

.

SCHOLARSHIPS

SCHOOL AGE,

115

__

5

Free Tuition

80

SCHOOL BUSES,

See Transportation

SCHOOL DISTRICTS

SCHOOL LUNCHES Funds for

SCHOOL YEAR, Defined

SCHOOLS, Adults

Building, approval of by State Board Census

Condemnation of property for
Compulsory attendance Consolidation

Elementary grades defined Evening

Fire and stampede hazards

Free, must be

_

Health

_____

Holidays

Home economics

Instruction in bird and animal life _ Isolated Schools Local option closing Merger of systems Physical education

Property, use as community center Reorganization of

Schoolhouses, building School year defined

Special classes, defective speech or hearing __ Special Programs of Education

Term, local board may extend, summer school """ Tuition grants
Vocational

2, 70,
.- 11, 43
29, 115
36, 139 21
115 82
119-122 -- 76, 82
19 79
118-119 ._-- 1
116 _ 115
81 116 34 59 _ 91 117-118 -- 118 -- 82 -- 93 29, 115 . 122 "49z~f3*67 5> 62"67 135-139

196



HHMHM

SEPARATION OF CHURCH AND STATE
SICK LEAVE, Teachers School Bus Drivers
SMITH-HUGHES ACT, Funds
SOCIAL SECURITY, Generally Agreements Definitions Employees coverage group Political subdivision, employees of Power of state to tax for
SPEECH IMPAIRMENT, Special classes
STATE, Taxation, purposes of
STATE ADVISORY COMMITTEE,
Vocational education
STATE BOARD OF EDUCATION, Alcoholism, study of Appeals, regulations governing Census school Certification of teachers and professional personnel Colleges Committee meetings Compensation Creation, members Curriculum Deaf Children, special classes for Deaf, blind and mute children Division of vocational education service Division of vocational rehabilitation _ Donations to Elementary grades defined Eligibility of members Employees Estimate of funds Federal funds Funds to operate department Georgia Academy For Blind, duties _ Georgia School For the Deaf, duties _ Gifts from schoolbook companies __ Inspection committee Inspection of buildings Leases to local boards Libraries, duties of state commission assumed Meetings
197

16
93 67
44, 136
175 176 175 182 178
9
123
126
24 185 115
30 20 25 18 1-16 . 18 . 123 . 25 _ 135 . 129 _3 . 19 . 17 _ 18 _ 18 _ 19 .. 18 _ 143 _ 143 _ 20 ... 25 _ 21 ... 26
140
18

Members

Mentally retarded children

Minimum Foundation Program, generally Oath

Powers, duties

Regulations of

Research, funds for

Salary schedules

School buildings, approval of School busses

Scholarships, grant of

Textbooks, prescribing of

Transportation, funds for Travel by members

Vacancies, filling

Vocational Education, duties as to

.

Vocational rehabilitation

STATE DEPARTMENTS, Education of Children in Custody of

15 61 28-55 18 1-2, 29 18, 29, 183 24, 54 31, 35 21 22
5 56 35 25 17 - 124 44 28

STATE FLAG,

Display, allegiance to

175

STATE LIBRARY COMMISSION,

Generally

Funds for

140

Gifts, donations _

141

Library boards

140

142

Municipalities and subdivision establishment of libraries by Supervision

142

Trustees

142

141

STATE SCHOOL BUILDING AUTHORITY,

Generally Bonds

Capital outlay funds paid to

Condemnation of lands Contracts, leases

Creation, members Definitions Leases

Legal investment, bonds as

Payment of rentals from Minimum Foundation
Program for Education Powers

Projects

~

Remedies of bondholders

.

Rentals

Sale of bonds Sinking fund

Taxation, bonds and property exempt Trust indenture Validation of bonds

103 115 106 40 105 104 103 103 114 112
108 104 104 111 113 107 110 107 109 112

198

IBHai

STATE SCHOOL BUILDING AUTHORITY FOR DEAF AND BLIND,

Transfer of functions

114

STATE SUPERINTENDENT OF SCHOOLS,

Bond

26

Civics, textbook

28

Duties Election, office

29 2

Election, powers

26

Oath

26

Qualifications

26

Vocational education, executive officer

38

Report, annual

27

Salary

28

Secretary of State board

.. 27

STUDENT HONORS PROGRAM

53

SUBROGATION, Vocational rehabilitation
SUMMER SCHOOL PROGRAM

. 134 . 42

SUPERINTENDENT, See State Superintendent of Schools and County Superintendent
of Schools

SURPLUS PROPERTY,

State agency for

54

TAXATION,

Bonds, to pay

97

Collection of taxes --

89

Corporations

90

Counties, purpose of .

9

Elections on

89

Exemption from

6

Homestead exemption

7

Local, limitation on ...

4

Local tax for schools _ Purposes

88 8

TEACHERS, Allotment of -- Certification of Compulsory retirement
Election of Examination and suspension
Licenses Licensing Oaths Payment of Reports Retirement system Revocation of licenses
Sick leave Vocational education, employment

33 30 153 30 85 86 87 87 31, 32, 92-93 76
..... 8, 144-171 87 93
127

199

TEACHERS RETIREMENT SYSTEM,

Generally Actuary Administration of Annuity savings fund Appropriation requests Benefits, amount Board of trustees Compulsory retirement benefits Constitutional authority Creditable service Definitions Disability benefits
Employee Retirement System, transfer of credits Employer contributions Independent system, credits for service in Local systems Medical board Optional benefits Pension accumulation fund Prior service credits Private school, coverage
Re-examination of disability beneficiaries Return of contributions Teacher, defined Termination of membership
Transfer of credits from Employees Retirement System _

_ 144>171

160

158

161

-

164

_ 153-1*5

_ 158-160

153

8

150

_ 144-148

_ 154-155

166, 170

162

151

167

160

153

163

146, 150

170

155

131

- 145

148 166 171

Trustees Board of University system, participation TELEVISION,

' lg8 _ 149

Educational programs Local Share of expenses TEMPERANCE DAY TEXTBOOKS,

18-19 _ 37
- 115

Generally Committee to examine .... Constitution, study of Free Funds for, calculation Georgia Training Schools Repair, rebinding Selection
State Board of Education to prescribe
TRANSPORTATION,

33, 55-59 56 56 56 35 57
-- 33, 57 56 56

Contracts for

23

Distance from school, minimum

36

Funds, calculation of under Minimum Foundation Program

for Education Leans to pay for Salary schedule School busses, standards State Board to provide funds

--... 35-36 78
22, 35-36 22
.... 21, 35

200

TRUSTEES, Appointment Appointment of Board of, Teachers Retirement System
TUITION GRANTS, Generally Illegal use crime
VACANCIES, State Board of Education
VACCINATION OF PUPILS,
VACCINATION OF PUPILS
VENDING STANDS, Vocational rehabilitation

VETERANS, Tuition free
VISITING TEACHERS, Funds to pay

VOCATIONAL EDUCATION, Generally Area trade schools, establishment of
Division of Extension work in agriculture and home economics -- Federal act accepted Federal funds Funds, apportionment Funds for Gifts, donations Land and equipment Rules and regulations State Advisory Committee State Board, duties State Treasurer, custodian of funds Teachers, employment of Transportation for
VOCATIONAL TRADE SCHOOL BUILDING AUTHORITY, Functions transferred

VOCATIONAL REHABILITATION,

Generally Appropriations

Definitions Division of Vocational Rehabilitation

Equipment Federal government, cooperation

Funds Lien Medical services

Political activity, prohibited Rehabilitation centers, establishment

Subrogation by Board

--

Vending stands

201

2 88 158
5, 62-67 174
17
75
133
80
34
124-127 ._ 126 .. 136
125 124
19, 44-45 125
43-45 126 126 127 126 124 125 127 125
114
128-135 131
....... 128 129 132
_.... 131 44, 131
135 . 134
133 131
134 133

.

UNIVERSITY OF GEORGIA LIBRARIES