Georgia school laws [1970]

LAWS
:

UNIVERSITY OF GEORGIA
JAN^i 1971
LIBRARIES
GEORGIA DEPARTMENT OF EDUCATION.

.1970

LAWS
1970 OFFICE OF THE STATE SUPERINTENDENT OF SCHOOLS GEORGIA DEPARTMENT OF EDUCATION ATLANTA, GEORGIA 30334

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

PREFACE
It is time consuming for school administrators to look up the public school laws in the Georgia Code. In an effort to be of service to school officials and others interested in public schools, we have assembled these laws in a convenient bulletin. This bulletin is revised from time to time, and the arrangement follows the format of the Code Annotated.
I trust you will find this book useful in operating the schools.
Jack P. Nix State Superintendent of Schools
Atlanta, Georgia August, 1970

CONTENTS PART I
PROVISIONS OF THE CONSTITUTION RELATING TO COMMON SCHOOLS

Subject

Code Section Page

System of common schools State Board of Education State School Superintendent County Board of Education County School Superintendent Independent Systems Meeting of Board of Education Area School Districts Protection of School Systems State Board and Regents may accept gift County Boards and Independent Systems may accept gifts Local Taxation for education Grants for education Freedom from Compulsory Association Scholarships for prospective teachers Exemption from Taxation Taxation, how and for what purposes exercised Teacher Retirement System, taxation for Purposes for which debt may be contracted Taxing power of counties Taxing power restricted Contracts for use of public facilities Counties Authorized to Purchase Liability Insurance Debts of counties and cities Levy of taxes to pay bonds Additional debt authorized, when Temporary loans authorized, conditions Court of Ordinary Freedom of Conscience Religious Opinions Appropriations to churches forbidden

2-6401 1 2-6501 1 2-6601 2 2-6801 2 2-6901 3 2-7001 4 2-7101 4 2-7201 4 2-7301 5 2-7401 5 2-7402 5 2-7501 6 2-7502 7 2-7503 7 2-5402 8 2-5404 8 ^2-5501 11 2-5502 13 2-5601 , 13 2-5701 13 2-5801 15 2-5901 15 2-5902 17 2-6001 18 2-6002 19 2-6003 19 2-6004 20 2-4102 21 2-112 21 2-113 21 2-114 21

PART II

THE PUBLIC SCHOOL SYSTEM
State Board created Terms of office Vacancies

32-401 22 32402 22 32403 22

in

Subject

Code Section Page

Eligibility for membership Oath Meetings Per diem Rules and Regulations Educational Television School grades Powers of old Board Acceptance Federal Funds Agency to receive funds for E.T.V Requirements for colleges Certain gifts forbidden State Board may receive Federal funds, educate
person over 18 years old Effect of partial invalidity of Section 32417 Federal funds for schoolhouses > Power of Board to adopt building standards Power to inspect buildings Effect tc partial invalidity of Section 32419 to 422 Transportation of pupils Establishment of minimum salary for bus drivers 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 Liability insurance on school buses Premiums Insurance covering_geaeral public Nonassessmentfby Mutual Companies Custody of Policies Use of funds for research Subject matter of research Employment of research specialists Curriculum materials and methods of instruction Inspection Committees Committee Meetings Travel of Members Out-of-State education of deaf, mute and blind children Leases By State Department Education of children under State agencies Rules and Regulations

32404 22 32405 23 32406 23 32407 23 32408 23 32408.1 24 32411.1 25 32412 25 32413 25 32413.1 26 32415 26 32416 26
32417 27 32418 27 T2419 27 32420 27 32421 28 32422 28 32423 28 32424 28 32425 29 32426 29 32427 29
32428 29 32429 29 32430 30 32431 30 32432 30 32433 30 32434 30 32435 30 32436 31 32437 31 32438 32 32439 32 32440 32 32441 32 32442 33 32443 33 32444 33

IV
i
7

PART III

STATE SUPERINTENDENT OF SCHOOLS

Subject

Code Section Page

Election and duties of State Superintendent Qualifications Bond and oath Secretary of State Board of Education Duties Duty to visit counties Duty in cases of misapplication of school funds Annual Reports Preparation of text on civics Salary Reports from county superintendents

32-501 33 32-502 34 32-503 34 32-504 34 32-505 34 32-506 35 32-507 35 32-508 35 32-509 35 32-510 35 32-515 36

PARTIV

MINIMUM FOUNDATION PROGRAM

Short Title Establishment of Funds, Purpose Powers and duties of State Board Powers and duties of State Superintendent School year and school month Local Units, Eligibility to receive funds Local Units, Employment of Personnel Certification of Professional Personnel Schedule of Minimum Salaries' Calculated Cost of Program Allotment of Teachers ?.-..., Allotment of certificated personnel Funds for Maintenance, Operation and sick leave expense Funds for textbooks Funds for consumable materials Funds for library books and non-consumables Isolated Schools, additional allotment Funds for pupil transportation Funds for travel expenses of school personnel Special programs of education Local share of Educational T.V. expense Calculation of local financial ability Additional allotments Same: Capital outlay funds

32-601 37 32-602 37 32-603 37 32-604 38 32-605 38 32-606 38 32-607 38 32-608 39 32-609 40 32-610 40 32-611 41 32-612 42 32-613 42 32-614 43 32-615 43 32-616 43 32-617 43 32-618 44 32-619 46 32-620 46 32-621 47 32-622 47 32-623 51 32-624 52

Subject

Code Section Page

Same: Public libraries Summer school programs Year-round operation of schools Contingency fund; encouragement of consolidations Allotment for school lunch program Funds for Vocational Education Vocational Education, State Policy Vocational Education, Federal and State Funds Funds for vocational-technical schools Funds for vocational rehabilitation Funds for state schools for deaf and blind Funds for public schools in correctional institutions Extensions of school year Budgeting and accounting system established Uniform records and accounts 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 to provide
local funds State Bids on standard supplies Distribution of state funds Initial and Mid-term adjustments on
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
of Education Use of Georgia products Withholding of funds from local units; appeal Voter registration Administration pursuant to budget laws Instructions relating to partaking of meals Same; costs

32-625 53 32-626 54 32-627 54 32-628 55 32-629 55 32-630 55 32-631 56 32-632 56 32-633 56 32-634 57 32-635 57 32-636 57 32-637 57 32-638 58 32-639 58 32-640 58 32-641 59 32-642 60 32-643 61 32-644 62
32-645 63 32-646 63 32-647 65
32-648 65 32-649 66 32-650 66 32-651 67 32-652 67 32-653 67
32-654 68 32-655 68 32-656 68 32-656.1 69 32-657 69 32-658 69 32-659 70

PARTV TEXTBOOKS IN PUBLIC SCHOOLS

Addition to State course or study

32-705 71

VI

Subject
Instruction in Constitutions Board to prescribe textbooks Selection and purchase of free textbooks Committee to examine books System of free textbooks Board to provide for purchasing textbooks Repairing books Conditions of purchase Elementary and high school grades Board authorized to contract Provisions extended to State institutions Competitive bids Board may publish textbooks Cost of books, how paid May contract with local boards for textbooks Local boards may furnish free books Local boards to be compensated, exchange of books Board given power to provide for school book system Instruction in Government

Code Section Page
32-706 71 32-707 71 32-708 72 32-709 72 32-710 72 32-711 72 32-712 72 32-713 73 32-714 73 32-715 73 32-716 73 32-717 73 32-718 73 32-719 74 32-720 74 32-721 74 32-722 74 32-723 74 32-724 75

PART VI

MISCELLANEOUS PROVISIONS

Election to Suspend Operation Call of Election, Ballots Suspension of Schools State Funds to Continue Election to Reopen Schools Successive Elections Compulsory Attendance Suspended Local School System Defined Leases of scRool property Applicability of law Mentally retarded children Grants for education Same: definitions Same: eligibility Same: amount of grant Same: determination of need for grant Same: regulations by State Board Same: application, hearing and appeals Same: recipient not under minimum foundation program Same: estimate of budgetary requirement

32-801 75 32-802 75 32-803 76 32-804 76 32-805 76 32-806 77 32-807 77 32-808 77 32-809 77 32-810 77 32-812 77 32-813 78 32-814 78 32-815 79 32-816 79 32-817 79 32-818 80 32-819 80 32-819.1 81 32-819.2 81

vu

Subject

Same: use of local funds

Bonds of school principals

Accounting forms for school principals

Quarterly reports of school principals

Bonds of principals governed by Chapter 894

Inapplicability to school systems established

prior to Constitution of 1877

Financial assistance where parents work for State

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

,

School bus drivers not required to pay

for a substitute driver

Corporal punishment, regulations

Same: method of administering

Same: legal immunity of teacher

Professional Teaching Practices Act

Same: professional practices commission

Same: removal from commission

Same: funds

Same: to whom law applicable

Regulation of certain contracts for students

Same: compliance with rules and regulations

Same: disciplinary measures for violations

Education in other state institutions

Georgia Educational Improvement Council

Same: purpose

Code Section Page
32-819.3 82 32-820 82 32-821 82 32-822 82 32-823 83

32-824 83 32-825 83 32-826 83 32-827 83 32-828 84 32-829 84 32-830 84 32-831 84 32-832 84 32-833 85

32-834 85

32-835 85

32-836 85

32-837 85

32-838 86

32-839 86

32-840 88

32-841 88

32-842 88

32-843 88

32-844 89

32-845 89

32-

89

32-

89

32-

90

PART VII

COUNTY BOARDS OF EDUCATION

School districts Membership in county boards Selection of Board members by grand jury Qualifications of members Compensation of members Certificate of election Resignation

32-901 91 32-902 92 i32-902.1 92
32-903 92 32-904 93 32-905 93 32-906 94

vm

SubJect
Officers of county boards
Sessions
School property and facilities Powers of county boards as school court Immunization of children 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 on money borrowed Reports to grand juries Notes for money borrowed How money used Expenditures in excess of appropriations Warrants in anticipation of revenue Sale of warrants at discount Manual labor schools Evening or part time schools High schools
Indsutrial education in public schools School fund
Freetuition
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 agriculture and home economics 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

Code Section Page
...32-907 94
32-908 94 32-909 95 32-910 95 32-911 97 32-912 98 32-914 99 32-915 99
32-920 99 ...32-921 100 ...32-922 100
32.923 100
32-924 101 32-925 101 32-926 101 32-927 101
32-928 101 32-929 101 32-930 102 32-931 102 32-932 102 32.933 102
32-934 103 32.935 103
32-937 103 32-940 104 32-941 104 ...32-942 104 32-943 104 32-944 105 32-945 105 32-949 105 32-950 106 32-951 106 32.952 106
32-953 106 ...32-954 106

PART VIII

COUNTY SUPERINTENDENT OF SCHOOLS

County superintendent for county school commissioner

.32-1001 107

IX

Subject
Election and term of superintendent Vacancies, how filled Qualifications of county superintendents
Bond Compensation Oath Removal from office Duties Examination of teachers Seal on teachers' license Superintendent's office in courthouse Who may administer oaths Reports Local county and municipal systems Grading; teachers' licenses 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

32-1002 107 32-1003 107 32-1004 108

32-1005 108 32-1006 108 32-1007 109 32-1008 109 32-1009 109 32-1010 110 32-1011 110 32-1012 111 32-1013 111 32-1014 111 32-1017 111 32-1018 111 32-1019 112 32-1020 112 32-1021 112

32-1022 112



32-1023 113

32-1024 113

PART IX LOCAL TAX FOR PUBLIC SCHOOLS

Each county a school district School trustees Duties of school trustees Collection of school taxes; commissions Election expenses Local tax election for municipalities..,.:.......
Local school systems Transfer of records, property and'funds Corporate property subject to taxation Returns of corporate property Other provisions made applicable Transfer of books, records and property Power to levy and collect taxes

32-1101 113 32-1104 113 32-1105 114 32-1106 114 32-1107 1 4 32-1109 115
32-1111 115 32-1113 115 32-1116 116 32-1117 116 32-1118 116 32-1123 117 32-1127 117

PARTX MERGER OF INDEPENDENT SCHOOL SYSTEMS

Authorization to repeal special school law; procedure

32-1201 1

SubJ'ect Proceedings after election Territory formerly included constitutes
school district
PART XI
PAYMENT OF TEACHERS
Governor's authority to make debt Authority to use allocated funds Limit of authority
Slckleave
Payment when schools closed

Code Section Page 32-1202 118 32-1203 118
32-1301 118 32-1302 119 32-1303 119 32-1304 119 ...32-1305 120

PART XII
BUILDING SCHOOLHOUSES
Powers of County boards to build schoolhouses, etc Outstanding bond issues Bonds for building schoolhouses Division of county into districts Same; declaration of intent High schools; joint building and maintenance Contract for joint building Bonds for joint building Levy of taxes Exclusive of preceding sections as to building
high schools Refusing, retiring, or refinancing schoolhouse
bonds
Advisability of refunding bonds Election to refund bonds Contents of election notice Voters' lists, how made up Election managers
BalIots
Polls, results of election Voters may petition for election Refunding schoolhouse bonds by counties Petition by voters, duty of board Notice of election Voters' list, how made up Ballots, form of

32-1401 120 32-1402 120 32-1403 122 32-1403.1 122 32-1403.2 123 32-1404 124 32-1405 124 32-1406 124 32-1407 124
32-1408 124
32-1409 124 32-1410 125 .32-1411 125 32-1412 125 ...32-1413 125 32-1414 126
32-1415 126 32-1416 126 32-1417 126 32-1418 126 32-1419 126 32-1420 127 32-1421 127 32-1422 127

XI

Subject

Election managers

Polls, returns

When refunding bonds to be issued

Proceeds of sale in trust

Tax levies to pay off 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 tender for exchange refused

Application of proceeds of refunding bonds

Duties and authority of officers

Interest rate on refunding bonds

Independent school districts

Obligations of outstanding bonds

Bondholders refusing to sell, sinking fund

Only one election a year

Code Section Page
32-1423 127 32-1424 127 32-1425 127 32-1426 128 32-1427 128 32-1428 128 32-1429 128 32-1430 129 32-1431 129 32-1432 129 32-1433 129 32-1434 129 32-1435 130 32-1436 130 32-1437 130 32-1438 130 32-1439 131 32-1440 131 32-1441 131 32-1442 131

PART XIII

STATE SCHOOL BUILDING AUTHORITY

Short 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 Remedies of bondholders Refunding bonds

32-1041a 131 32-1402a 131 32-1403a 132 32-1404a 133 32-1405a 136 32-1406a 136 32-1407a 137 32-1408a 137 32-1409a 137 32-1410a 137 32-141 la 138 32-1412a 138 32-1413a 138 32-1414a 138 32-1415a 140 32-1416a 141 32-1417a 141 32-1418a 141 32-1419a 142

xn

Subject
Legal investments and security Exemption from taxation Venue and Jurisdiction Validation Interests of bondholders protected Acceptance of funds and contributions Monies as trust fund Revenues, rents and earnings Authorization to make transfers, sales, leases Rules and regulations Powers supplemental Construction of Chapter Transfer of functions of Vocational Trade
School Building Authority Transfer of functions of State School
Building Authority

Code Section Page
32-1420a 142 32-1421a 143 32-1422a 143 32-1423a 143 32-1424a 144 32-1425a 144 32-1426a 144 32-1427a 144 32-1428a 145 32-1429a 145 32-1430a 145 32-1431a 145
32-1432a 146
32-1433a 146

PART XIV

SCHOOL YEAR, SCHOLASTIC MONTH, AND SPECIAL DAYS

School year Scholastic month Observance of special days Temperence day designated

32-1501 146 32-1502 146 32-1503 147 32-1504 147

PART XV

ENUMERATION OF SCHOOL CHILDREN

School Census New enumeration

32-1601 147 32-1603 148

PART XVI INSTRUCTION IN ANIMALS, BIRD AND FISH LIFE

PART XVII HEALTH xni

PART XVIII

PHYSICAL EDUCATION AND TRAINING

Subject
Course prescribed Courses at normal schools Special teachers

Code Section Page
32-1901 148 32-1902 149 32-1903 149

PART XDC FIRE OR STAMPEDE HAZARDS, PROTECTION AGAINST

Payments for maintenance of schools without fire escapes
Inspection of school buildings Minimum safety requirements Defects in heating installation ,, Fire escapes for educational buildings and dormitories Funds for cost of fire escapes

32-2001 149 32-2002 149 32-2003 150 32-2004 150 32-2005 150 32-2006 150

PART XX COMPULSORY SCHOOL ATTENDANCE

Duty to send children to school Minimum attendance Exceptions Administration and enforcement Visiting teachers Appointment and qualifications Employment of officer in lieu of teacher Duties Removal Eligibility for retirement Cooperation by teachers and principals Dealing with delinquent children Effect of partial invalidity Suspension by Governor Effect of discontinuance of operation Excused Absences for General Assembly pages

32-2104 151 32-2105 151 32-2106 151 32-2107 151 32-2108 151 32-2109 152 32-2110 152 32-2111 152 32-2112 153 32-2113 153 32-2114 153 32-2115 153 32-2116 154 32-2117 154 32-2118 154 32-2119 154

PART XXI SPECIAL COURSES, CLASSES OR SCHOOLS FOR CORRECTING
SPEECH OR DEAF CHILDREN

Local units may establish special classes Authority of State Board of Education

32-2101a 155 32-2102a 155

xiv

Subject
Funds and teachers Authority of units to extend term Effect on existing school laws

Code Section Page
32-2103a 155 32-2104a 156 32-2105a 156

PART XXII

VOCATIONAL EDUCATION

Acceptance of provisions of Act of Congress Duties of State as to vocational education Custodian of funds Extension work agents Purpose of section 32-2206 to 32-2217 Definition of local units Apportionment of funds Provisions not mandatory Use of funds for transportation Apportionment of equipment State Advisory Committee Shall not affect common school funds Shall not affect existing laws on
vocational education State Area Vocational Schools Purchase of land, building, and equipment Gifts, donations, and Federal aid Prescribing rules and regulations Employment of teachers Supplementary to laws

32-2201 156 32-2202 157 32-2203 157 32-2205 157 32-2206 157 32-2207 158 32-2208 158 32-2210 158 32-2213 158 32-2214 158 32-2215 159 32-2216 159
32-2217 159 32-2218 159 32-2219 159 32-2220 160 32-2221 160 32-2222 160 32-2223 161

PART XXIII

VOCATIONAL REHABILITATION OF DISABLED PERSONS

Definitions Establishment of division Administration of services Rehabilitation centers Cooperation with Federal Government Receipt and disbursement of funds Appropriations
Gifts
Eligibility Maintenance not assignable Retention of title

32-2301 161 32-2302 163 32-2303 164 32-2304 164 32-2305 165 32-2306 165 32-2307 165
32-2308 165 32-2309 166 32-2310 166 32-2311 166

xv

Subject
Hearings Misuse of lists and records Limitation 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
PART XXIV

Code Section Page
32-2312 167 32-2313 167 32-2314 167 32-2315 167 32-2316 167 32-2317 168 32-2318 168 32-2319 169 32-2320 169 32-2321 170

DIVISION OF VOCATIONAL EDUCATIONAL SERVICE

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

32-2301a 170 32-2302a 171 32-2303a 172 32-2304a 173
32-2305a 173 32-2306a 173 32-2307a 174
32-2308a 174

PART XXV

ILLITERACY, DUTIES OF STATE BOARD

Duties of State Board Rules and Regulations

32-2401 175 32-2402 175

SCHOOL FOR ILLITERATE ADULTS

Schools Expenses Power of County Boards

PART XXVI

PUBLIC LIBRARIES

State Library Commission abolished Duties of State Board Gifts Funds

xvi

32-2501 175 32-2502 175 32-2503 176
32-2604 176 32-2605 176 32-2606 177 32-2607 177

<"*< ' IT I

'

mi 'Ml II

Subject
How libraries maintained Disbursements Donations Duties of Trustees Powers of the city Libraries outside municipalities Library Board Supervision of libraries

Code Section Page
32-2701 177 32-2702 177 32-2703 178 32-2704 178 32-2705 178 32-2706 178 32-2707 179 32-2708 179

PART XXVII

EDUCATION OF BLIND AND DEAF PERSONS

GEORGIA ACADEMY FOR THE BLIND AND GEORGIA SCHOOL FOR THE DEAF

MANAGEMENT AND CONTROL OF INSTITUTIONS BY STATE BOARD OF EDUCATION

Control of Academy Inapplicability of laws governing other schools Transfer of trust fund Appropriations Continuance of trusts Preschool Age handicapped children

32-2801 179 32-2802 180 32-2803 180 32-2804 180 32-2805 180 32-2806 181

PART XXVIII

TEACHERS RETIREMENT SYSTEM

Definitions

Name, powers and privileges of system

Membership

Eligibility to membership

Authority of Regents to supplement allowances

Creditable service

Service retirement benefit

.'

Administration

Board of Trustees

Vacancies

Compensation of trustees

Oath of trustees

Quorum

Chairman and employees

32-2901 181 32-2902 185 32-2903 185 32-2903.1 187 32-2903.2 188 32-2904 188 32-2905 191 32-2906 198 32-2907 198 32-2908 199 32-2909 199 32-2910 199 32-2911 199 32-2912 199

xvn

^HH

Subject
Keeping data Legal adviser Medical Board Actuary Management of funds Tresaurer Deposits, etc Personal interest and profit Method of financing Transfer of Credits from Employees
Retirement System Members of local retirement system Exemption of rights Correction of errors Obligations of pension accumulation fund
Applicability ot other statutes Effective date of Chapter Establishment of Pension and retirement allowances Transfer of Credits Minimum Benefits with 35 years service Retirement Rights Under Local plans Procedure for increasing allowances Employees' Retirement System, transfer of credits

Code Section Page
32-2913 200 32-2914 200 32-2915 200 32-2916 200 32-2917 201 32-2918 201 32-2919 201 32-2920 201 32-2921 202
32-2921.1 207 32-2922 207 32-2923 210 32-2924 210 32-2925 210 32-2926 210 32-2927 211 32-2928 211 32-2929 211 32-2930 212 32-2931 212 32-2932 212 40-2503(8) 213

PART XXIX

EDUCATION OF EXCEPTIONAL CHILDREN

Meaning of terms Application of Chapter Education for Exceptional Children Powers of State Board Committee Comprehensive planning Scholarships and recruitment Nonlocal education Transportation Implementation

32-3501 213 32-3502 214 32-3503 214 32-3504 214 32-3505 215 32-3506 215 32-3507 215 32-3508 216 32-3509 216 32-3510 216

PART XXX

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM

Short Title Definitions

32-3801 216 32-3802 217

XV1U

Subject
Name, powers and privileges of system Membership Creditable service Retirement dates Retirement benefits Optional forms of retirement income Death or termination of employment Funding Retirement fund Control and investment of funds Powers and duties of board Books and records Gifts, grants and bequests Exemption from liability Legal advisor Local retirement systems Appropriations; expense fund Exemption of rights; assignability Correction of errors Effective date of Chapter Credit for prior service

Code Section Page
32-3803 218 32-3804 219 32-3805 219 32-3806 220 32-3807 221 32-3808 221 32-3809 222 32-3810 222 32-3811 223 32-3812 223 32-3813 224 32-3814 224 32-3815 224 32-3816 225 32-3817 225 32-3818 225 32-3819 226 32-3820 226 32-3821 227 32-3822 227 32-3823 227

PART XXXI
CRIMES
Gifts to school officals Officers, etc Penalty for violation of Chapter 32-7 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 Violation of Sections 32-9909 and 32-9910 Attempting to defraud teachers' retirement system Compulsory school attendance law violation Penalties for violations by parents Violation of laws relating to census False statements or misuse of funds Attempting to defraud Retirement System
xix

32-9901 227 32-9902 227 32-9903 227 32-9905 228 32-9907 228 32-9908 228 32-9909 228 32-9910 228 32-9911 228 32-9912 228 32-9913 229 32-9914 229 32-9915 229 32-9916 229 32-9921 230

PART XXXII

NOMINATIONS FOR OFFICE FILLED BY GRAND JURY APPOINTMENT

Subject
Selection of persons Publication

Code Section Page
59-318 230 59-319 230

PART XXXIII

FLAGS
Pledge of allegiance to State Flag State flag to be displayed Designation of custodian and distribution of State flags

86-1205 231 86-1206 231 86-1208 231

PART XXXIV

EMPLOYEES SOCIAL SECURITY LAW

Declaration of policy of Chapter Definitions Federal-State agreement Coverage of employees Contribution fund , Rules and regulations Studies and reports Expenses Referenda and certification Employees' Social Security Coverage Group Chapter as sole method of obtaining coverage

99-2101 231 99-2102 231 99-2103 233 99-2104 235 99-2105 238 99-2106 239 99-2107 239 99-2108 239 99-2109 239
99-2110 240
99-2111 240

PART XXXV

REGULATIONS

Regulations Governing Appeals to State Board...

241

xx

PART I
Provisions 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, separation of races. The provisions of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. Separate schools shall be provided for the white and colored races. (Code 2-6401.)
Note: Moore v. Brinson, 170 Ga. 680. A fee cannot be imposed as a condition precedent to admission to a public school, forming a part of the general school system of the State, of children living in the territory of the school and otherwise qualified. However, tuition can be charged of nonresident 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, by and with the advice and consent of the Senate. The Governor shall not be a member of State Board of Education. The first State Board of Education under this Constitution shall consist of those in office at the time this Constitution is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed
1

and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of 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, etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of said Board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. (Code 2-6601.)
SECTION V
Paragraph I. County School System; Board of Education; election, term, etc. Authority is granted to Counties to establish and maintain public schools within their limits. Each County, exclusive of any independent school system now in existence in a County, shall compose one school district and shall be confined to the control and management of a County Board of Education. The Grand Jury of each County shall select from the citizens of their respective Counties five freeholders, who shall constitute the County Board of Education. Said members shall be elected for the term of five years except that the first election of Board members under this Constitution shall be for such terms that will provide for the expiration of the term of one member of the County Board of Education each year. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of the Board for the unexpired term. The members of the County Board of Education of such County shall be elected 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.)
Paragraph II. Boards of education; change by referendum. Notwithstanding provisions contained in Article VII, Section V, Paragraph I of this Constitution, or in any local constitutional amendment applicable to any county school district, the number of members of a county board of education, their term of office, residence requirements, compensation, manner of election or appointment, and the method for filling vacancies occurring on said boards, may hereafter be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting in referendum thereon. Members of county boards of education shall have such powers and duties and such further qualifications as may be provided by law.
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 I. County School Superintendent; election, terms, 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.)
Paragraph II. County school superintendents; change by referendum. Notwithstanding provisions contained in Article VIII, Section VI, Paragraph I of this Constitution, or in any local constitutional amendment applicable to any county school superintendent, the term of office of county school superintendents, their residence requirements, and the method of their election or appointment may hereafter be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. County school superintendents shall have such qualifications, powers, duties and compensation as may be provided by law.

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 Boards of Education. All official meetings of County Boards of Education shall be open to the public (Code 2-7101.)
SECTION IX
Paragraph I. Area School Districts; Area Boards of Education; Area School Superintendents. The boards of education of any two or more counties, or independent school systems, or any combination thereof, may, by special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combmation thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shaU become effective until approved by a majority of the voters voting in each of the school districts or school systems affected in a referendum held thereon m each school district or school system being consolidated or merged, provided 51% of the registered voters in each district or system concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirmative. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof incorporated therein shall stand abolished and title to all school properties and assets therein shall vest in the area board of education. The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law. There shall be an area school superintendent in each area school district, who shall be the executive officer of the area board of education. The manner of his election or appointment, and his qualifications, term of office, residence requirements powers, duties and compensation shall be as provided by law. Subsequent'

to the creation of an area school district, the number and manner of election or appointment of members of the area board of education and method for filling vacancies on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Members of area boards ot education and area school superintendents shall have such powers, duties and further qualifications as provided by law.
Paragraph II. Power of Boards to Contract with Each Other. Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, 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.
Note: Tipton v. Speer, 211 Ga. 886. A contract providing that a joint county high school program shall be subject to approval of both the county and city boards of education was held to be void for the reason that the Constitution (Code 2-6801) states that the control and management of county schools shall be combined 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.
SECTION X
Paragraph I. Certain Systems Protected. 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 I. Grants, bequests and donations permitted. The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. (Code 2-7401.)
Paragraph II. Grants and donations to county Boards of Education and independent school systems. County Boards of Education and independent school systems may accept bequests, donations and grants of land, or other

property, for the use of their respective systems of education. (Code 2-7402.)
SECTION XII
Paragraph I. Local Taxation for Education. The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school system or area school district therein. 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 certification to be made by a.. Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidental thereto, including school lunch purposes.
Paragraph II. Increasing or Removing Tax Rate. The twenty mill limitation provided in Paragraph I above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the procedures, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set 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 die 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 or in such territories comprising an area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education 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 county or area board may recommend up to the specified

amount. It shall be the duty of the ordinary or the proper authorities, as tne case may be, to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be.
Note: Ga. Laws 1960, Vol. I, p. 1444, ratified in 1960, raised the limitation in the above from 15 to 20 mils.
Note: A proposed constitutional amendment would provide for taxation respecting "Area School Districts.'1 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) mils, 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 I (Code 2-5701). The power of taxation may be exercised by the State, Counties and municipalities for the purpose of paying pensions and teacher retirement benefits. Article VII, Section II, Paragraph II. (Code 2-5502.) Bond issues validated by County Boards and tax levy to retire, see Code 2-6001 and 2-6002.
SECTION XIII
Paragraph I. Grants for education. Notwithstanding any other provision of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State, for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens. (Code 2-7502.)
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 Little 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 interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the.State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, and include the further provision that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event.
The General Assembly shall have the authority to appropriate such funds to the State Board of Education as it deems wise and proper to carry out the purpose of this provision.
It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose. (Code 2-5402.)
Paragraph IV. Exemption from Taxation. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that such exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open
8

to the general public; provided, further, that all endowments to institutions established for white people, shall be limited to white people, and all eni dowments 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 sucn property, and any income from sucn property is used exclusively for 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 part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production.
All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value.
The Homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $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, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $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 valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary.
All laws exempting property from taxation, other than the property herein enumerated, shall be void,
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 a 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 services 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, or loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair.
Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia
10

law, from all sources, including any federal old-age, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. 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, or through his agent, 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 and his spouse received during the last taxable year for income tax purposes, 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. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31,1968.
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 to defend the State in time of war.
5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried.
6. To construct and maintain State buildings and a system of State highways, airports and docks.
7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for
11


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 dependents and survivors of such employees, the basic protection accorded others by the old age and survivors insurance program embodied under the Social Security Act (Act of Congress approved August 14,1935,49 Stat. 620, officially cited as the "Social Security Act," as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in Subchapter A ot Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time to m.ie be amended), the General Assembly is authorized to enact such Legislation as may be necessary to insure the coverage to employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act as the same has been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act as the same has been or may hereafter be amended in the manner as provided therein and as provided by the General Assembly. The Teacher Retirement System of Georgia and the Employees Retirement System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of this provision of the State Constitution, together with such further powers and duties as may be hereafter provided by law.
8. To advertise and promote the agricultural, industrial, historic, reccreational and natural resources of the State of Georgia.
9. For public health purposes. (Code 2-5501.)
10. Public transportation of passengers for hire is an essential governmental function and a public purpose for which the power of taxation of the State may be exercised and its public funds expended, provided, however, that the State of Georgia shall not provide more than 10 per cent of the total cost, either directly or indirectly. The General Assembly is authorized to provide for the implementation of this provision including the granting of public funds to any public corporation or authority established by the General
12

Assembly for the performance of the aforesaid function and purpose, or contracting, through appropriate departments or instrumentalities of State government, with any such public corporation or authority established by the General Assembly for performance of the aforesaid function and purpose.
11. For school lunch purposes.
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 purposes 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.)
Paragraph II-A. The General Assembly is hereby authorized to provide by law for the creation of an actuarially sound, participating retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel. The General Assembly is further authorized to provide in said Act creating such retirement system, or in any amendatory Acts thereto, for the expenditure of State funds and the funds of county and independent boards of education in support of said retirement system, in such manner as the General Assembly shall determine.
SECTION III
Paragraph I. Purposes for which contracted. No debt shall be contracted by, or on behalf of, the State, except to supply such temporary deficit as may exist in the treasury in any year for necessary delay in collecting the taxes of that year, to repel invasion, to suppress insurrection and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the sum of three million, five hundred thousand dollars for the payment of the public school teachers of the State only. The principal amount borrowed for payment of teachers shall be repaid each year out of the common school appropriation, and the interest paid thereon shall be paid each year out of the general funds of the State. (Code 2-5601.)
SECTION IV
TAXATION BY COUNTIES
Paragraph I. Powers of County Government. The General Assembly may authorize any countv to exercise the power of taxation for any public
13

purpose as authorized by general law or by this Constitution, and unless otherwise provided by this Constitution or by law no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution.
Paragraph II. Purposes of Taxation. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes, which are hereby declared to be public purposes, and extend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly.
1. Pay the expenses of administration of the county government.
2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation or passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing.
3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county.
4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics.
5. Establish and maintain a county police department.
6. Provide medical or other care and hospitalization for the indigent sick and to support paupers.
7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.
8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law.
9. Provide fire protection for forest lands and conserve natural resources.
10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds.
14

HM^^^HH^^HHi
11. Establish and maintain a recreation system.
12. To provide for paying the principal and interest of any debt of the county and to provide a sinking fund therefor.
13. To provide for reasonable reserves for public impiovements as may be fixed by law.
14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunches, as provided in Article VIII of this Constitution, upon the assessed value of all taxable property within the county, exclusive of any independent school system therein.
SECTION V
Paragraph I. Taxing power ana contributions of counties, cities and political divisions restricted. The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits. (Code 2-5801.)
SECTION VI
Paragraph I. Contracts for use of public facilities.
(a) The State, state institutions, any city, town municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use of 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, 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
15

constitute secumy tor 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 purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and the cosi 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) Special Schools; Creation; Taxes and Bonds. The board of education of any county, area school district or independent school system, or any combination thereof, may establish, pursuant to local law enacted by the General Assembly, one or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools
16

for adult education, in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such local law. Schools established pursuant to provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and manner as may be provided by law. Special schools, including vocational trade schools, as established prior to the adoption of this amendment under former Subparagraph (d) of Article VII, Section VI, Paragraph I of the Constitution shall not be affected by this amendment, any political subdivision which established such a school 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 and any such political subdivision is hereby authorized to incur bonded indebtedness for the support of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pursuant to provisions of Article VII, Section VII of this Constitution and the laws of this State relative to incurring other bonded indebtedness. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be provided by law.
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
17


shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trail of any action bought 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 the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy. (Code 2-5902; Acts 1960, Vol. I, page 1366.)
Note: The 1960 Act proposing this amendment designated it as Paragraph HI. There presently is no Paragraph II of this section.
SECTION VII
Paragraph I. Debts of counties and cities. The debt hereafter incurred by any county, municipal corporation or political division of this State except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all, the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political divisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds granted by the federal government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years.
Every county is hereby empowered to create debt, by way of borrowing from private individuals, firms, corporation, or partnerships, as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments as evidence of the obligation to repay the debt so contracted
18

without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered 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
19

^1
county, municipality or political subdivision collectible annually, sufficient to pay in full the principal and interest of such additional debt when as duesuch tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness. (Code 2-6003.)
Paragraph IV. Temporary loans authorized; conditions. In addition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the State authorized to levy taxes, and county board of education is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon 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, political subdivision or county board of education in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which such loan is made No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county, city, political subdivision or county board of education, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county municipality, subdivision or county board of education shall incur in any one calendar year, an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue of such county, municipality, subdivision, or county board of education for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. (Code 2-6004.)
20

> Note: The above provision is the authority whereby county boards make temporary loans during the year. For implementing legislation, see Code Sec. 32-921 et seq. Note the conflict between Sec. 32-921 and the above provision.
ARTICLE VI
SECTION VI
Paragraph II. Powers. The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law.
The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance law in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges for offenses arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State within their respective jurisdiction.
ARTICLE I
SECTION I
Paragraph XII. Freedom of conscience. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience. (Code 2-112.)
Paragraph XIII. Religious opinions; liberty of conscience. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the State. (Code 2-113.)
Paragraph XIV. Appropriations to churches, sects, etc. forbidden. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution. (Code 2-114.)
21

mm
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 yearsand four for seven years. All of said terms shall date from January 1, 1943* The Governor in making said appointments shall designate the holders of the respective terms. Successors to persons sc 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; pp.636,
OJ /j o3o.)
32-403. Vacancies. In case of a vacancy on said Board, by death or resignatwn, 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, 638.)
Editorial Note: There is an evident omission of the words "expiration of between "than" and "such" in the first sentence. The words are omitted in 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 m a professional capacity by a private or public educational
22

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 for membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. (Acts 1937, pp. 864, 865.)
32-405. Oath; meeting for organization; officers. The members of the Board of Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the federal and State Constitutions and enter upon the discharge of same on the effective date of this chapter. They shall meet at the State capital 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 of the State capitol in the Department of Education or while traveling as a member of a committee of said Board which has been authorized by action of the Board, plus actual traveling expenses. (Acts 1937, pp. 864, 866; 1953, pp. 110, 111.)
32-408. Rules and regulations for supervision of schools; courses of study; curriculum revision; administration of school funds. The State Board of Education shall provide rules and regulations 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 recom-

iHaaaMH

mendation 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 to

the operation of the State Department of Education. (Acts 1937 DD 864

866; 1961, pp. 39,40.)

' VV'

31408.1. 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 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, frnns 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. Estimate of funds needed. (Based upon Acts 1937, pp 864 866. Repealed by Acts 1961, pp. 39,40.)

Editorial Note. Acts 1961, pp. 39, 40, rewrote Code 32-408 The
subject matter of this section and Codes 32-410 and 32^11 has now been incorporated into new section 32-408.

32-410. Control of employees. (Based upon Acts 1937, pp. 864 866 Repealed by Acts 1961, pp. 39,40.)

Editorial Note. See Editorial Note following Code 32-409.

. 11' Set ""* funds for maintelTM* of department. (Based upon Acts 1937,pp. 864,866. Repealed by Acts 1961, pp.39,40.)

Editorial Note. See Editorial Note following Code 32-409. 24

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 grades 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 32419, and shall perform all the duties now required by law of said State Board of Education as now constituted. (Acts 1937, pp. 864,867.)
32-413. Acceptance of funds appropriated by Congress; meeting terms of grants; title of property. Said Board is hereby authorized and empowered to receive, accept, hold and operate, on behalf of the State of Georgia, donations, grants, gifts, devises and bequests of real, personal and mixed property of every kind and character, to lease, manage and otherwise administer the same for the use, benefit and behoof of the common school system of Georgia, and to accept on behalf of the State of Georgia any funds which may be now or hereafter provided for, or be or hereafter become available or allotted to the State of Georgia by virtue of any appropriation by Congress or under any governmental regulation, order or declaration of policy for either vocational or other educational purposes conducted either in or out of school, in connection with, or as an incident of, any program of vocational education now or hereafter established as essential to national defense either for industrial or agricultural occupations and whether as part of a federal or a State program or a combination of both, in furtherance of vocational education objectives generally; and said Board is authorized and empowered to acquire and hold title for and on behalf of the State of Georgia, for the benefit of the common school system thereof, any equipment and/or supplies, both permanent and expendable, that may be necessary for such purposes, and to act as the contracting agent therefor and the custodian thereof, and to delegate, in whole or in part, any function or activity enumerated or contemplated hereunder, and to contract with and cooperate with any department, agency or instrumentality either of the State of Georgia or of the United States, in any manner which shall be requisite or incident hereto, which in the judgment of said Board may be deemed proper for the carrying into effect of the purposes of this chapter, and to use so much of the common school fund or other funds appropriated by the General Assembly as may be necessary to match any such federal aid, or to meet the terms of any past, present or future grant to the State or any local school unit whereby the same respectively may be enabled to derive full advantage of the benefits thereof to the State of Georgia as contemplated under the terms and
25

" ^^jj^^lr

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 the present grant now available.
Anything contained in Acts 1937, p. 882 to the contrary notwithstanding, nothing herein shall be construed to alter, diminish, affect 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.)

32-414. 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 require-

ments for universities, colleges, normal or professional schools, conferring

degrees or issuing diplomas in this State, and no charter granting the right to

confer such degrees or diplomas shall be granted or issued until the applicants

therefor have obtained from the State Board of Education a certificate

showing that such requirements of the Board have been met. (Acts 1937 on

864, 868.)

' ^'

Editorial Note: Acts 1939, p. 412, authorizes Toccoa Falls Institute to confer the degree of Bachelor of Arts in Biblical Education.
32-416. Gifts, etc., from schoolbook houses to member or appointee of Board forbidden. No. member or appointee of the Board, or any other person having authority to select or aid in the selection of textbooks for the schools shall for himself or any member of his family receive any gift, compensation or remuneration from any 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, compensation, or

26

remuneration. Should any such publishing house, corporation, or person offer to any such officers, their families or appointees, any compensation, remuneration or gift, they shall report the same to the grand juries of their respective counties. The judges of the superior courts in charging the grand jury from term to term shall give instructions concerning this section and chapter. (Acts 1937, pp. 864, 868.)
Cross-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 person over 18 years old. The State Board of Education is hereby authorized and empowered to receive monies 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 32417), 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 requests 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, to plan the methods of financing the cost of constructing and equipping such
27

mm

(Actds189S45anp 200e)tabliSh " ^ ^ "^ ^^ ^^ ^ $tand!UdS-

Th. K^2l' ?7etr BOard t0 inSpeCt buUdinSs; action "fter inspection. sIchhnool1 K buM ilding an?d, i/f sUuCcahtibnuilid$ inhgCriesbyfoauUndth0troizbede dt0anignesrPoeucst taonythepulibvleics 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 ,n the notification specific suggestions for the correction of said' unsafe and/or unhealthful conditions. (Acts 1945, pp. 200, 201.)
e, ,;?2"422- Effect of P311'31 invalidity of sections 32-419 to 32-422 Should any section, subsection, clause, sentence, phrase, or part of this law (Sections 2419 to 32-422), for any reason be held' deemed.or construed" be unconstitutional or invalid, such decision shall not affect the validity of he 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 Action subsection, clauses, sentences, phrases, or parts thereof, be declared uncon stitutional or invalid. (Acts 1945, pp. 200, 201.)

R ?fS: TransPrtation of P"Pils and school employees; power of State

?hearState B H"0? P", * "* f ^ * W ^ "TM* 0the' ^

Lrt of L
ZZ1

rm0"

SC,Th0T1 ?fUn,Sd

h6reby
t0 Pay

aUth0Hzed
the Salades

aonfdbeums Pd"w veerrsedemtoplouyseeda

hbeyr thbey

several
autho

county
d

dboeamrdpsowoefreeddutcQataiodnm. .nSiasitderState

Board
and

of EducJatio-nnfa

thh e

SsTtaaTtee

'orfeGeorgbiYa

the
in

fth,deermal aCintnegnraenScSe'

itaSndagenoCpieerSa>tiorn ^ of pupitlo tarsasniss-t

portation and to administer all funds allocated or appropriated or otherwise

BBooaarrdd'ooff EFHduca^tiontheis SJfuatretherf aGuethrogriiazefdr aPnUdP"emt-pnoswpeorretdatitoon;acscaeidptStaantde receive donation, and gifts of both real and personal property including

Itrll fo ,h

6qUiPment frm 6i,her PUbHC r PTMeVurces aTm y

S947,p 1^7' mamtenanCC and Peratln f PUP" tranSPr Jn-

32-424. Same; establishment of minimum salary schedule for bus dnvers by State Board; supplementation by county bo7ds. The S at Boa" of Education ,s hereby authorized and empowered to establish a minimum sahry schedule for all bus drivers provided there shall be a different n 2 minimum salary schedule for student, teacher and adult bus drivers and also
h[s nVem0i^Ublldy Wned bU$CS a'ld pr'Va,ely owned bus No ,' unJ " (V ,0 32-428) Sha" Prhlblt --^ b0ards of education from supplementing or paying salaries in excess of the minimum salary sd e
prescribed by the State Board of Education. (Acts 1947,pp 146, 4o' /

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, provide for operation and maintenance, and employ drivers; use of school funds for such purposes. County boards of education are hereby authorized and given power to purchase motor vehicles and other equipment for the purpose of transporting pupils and school employees to and from the public schools, to employ drivers and provide for the operation and maintenance of such equipment. County school boards are hereby authorized to expend money out of school funds for the purchase of such school transportation equipment and to repair, maintain, and operate same. (Acts 1947, pp. 1461, 1462.)
Note: In opinions of the Attorney General rendered June 23,1958, and June 15, 1959, it was held that the local Board cannot use county- owned buses 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.)
29

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.

* u 32f3?' ,?ame; premiums- meTM a bu* 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.

K /2?3l\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 shal be estopped to deny its liability thereunder on account of the nonliability of said board. (Acts 1949, pp. 1155, 1156.)

32-432. Same; nonassessment by mutual companies as to further premiums. Any policy authorized by this law (32429 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 purpose*. 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.)

32435. Same; subject matter of research; study of alcoholism. The tunas allocated under the provisions of this law (32434 through 32437) shall be used for the purpose of creating and maintaining state educational research services:
30

(a) For the development and production and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and on social and economic conditions including suggested methods of instruction of ways of working with boys and girls and young people in the various age groups and grade levels of the public elementary and secondary schools of the State as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools;
(b) For the publication, procurement and dissemination of curriculum materials, units of instruction and suggested methods of instruction relating to the influence and effect of alcohol on human health and behavior and on social and economic conditions, for the school teachers and educational officials in the various local public school systems of the State, the State Department of Education, and the various educational institutions of the State which are engaged in the education and training of teachers; and
(c) For cooperative work, by and between the state educational research service and the public school systems of the State, the State Department of Education, and the educational institutions of the State which are engaged in the education and training of teachers, through conferences, study groups, demonstrations of methods and materials of instruction, and other means. (Acts 1951, pp. 403,404.)
32-436. Same; employment of research specialists and clerical personnel; instructions in matters related to use of alcohol. The State Board of Education is authorized to expend such amounts as may be necessary of the monies allocated to it under the provisions of this law (32-434 through 32437) 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, 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.)
31

mm
m^Hi
32-438. Inspection committees; appointment; per diem and expenseslimitations on time and on meetings of Board. The State Board of Education shall be authorized and empowered to appoint committees, composed of members of such board as a majority vote of the board may determine, to travel within the State of Georgia and inspect the institutions and facilities under its jurisdiction and control, and such members of said committees so appointed shall be entitled to and be reimbursed from the funds of the State Department of Education for their per diem and actual travel expenses incurred by such inspections as now provided by law for members of the State Board of Education. No committee appointed under the provisions of this section shall be authorized to travel and inspect more than three days in each month. The provisions of this section shall in no way authorize the State Board of Education to hold meetings of the Board at any other place than that now fixed and provided by law. (Acts 1952, pp. 155,156.)
32-439. Committee meetings within or without the 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 the 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/or blind children. In the case of children of public school age who are deaf mute and/or blind for which there are no facilities for education or rehabilitation in this State, the State Board of Education shall determine if such children can be educated or rehabilitated, and, if so, such children, upon the written consent of the parent, parents and/or guardian and/or the person, persons or organization having legal custody of said child or children shall be' sent to schools, institutions, or other places outside the State of Georgia furnishing proper facilities for the education or rehabilitation of such children. Funds shall be spent for room, board, tuition, transportation and other items which are necessarily relevant to the education or rehabilitation of such children. The board is hereby authorized to promulgate such rules
32

and regulations as it deems necessary and proper for carrying out the purposes of this section. (Acts 1969, p. 110.)
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 administrative, maintenance, warehouse or storage purposes. (Acts 1961, Vol. I, p. 472.)
32-443. Education of children and others under custody and control of state agencies. The State Board of Education is hereby authorized and impowered, 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. (Acts 1966, pp. 238, 239.)
Editorial Note. Acts 1966, p. 238, the basis for this section, provided at Section 3 thereof: "The provisions of this Act should become effective if and when funds are appropriated by the General Assembly for the purposes provided herein."
32-444. Same; rules and regulations; further action. 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 law (Code 32443, 32444) and provide for the education of such children, youth and adults including, but in 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 other school personnel for such purpose; and furnishing books and other school supplies and requisites. (Acts 1966, pp. 238, 239.)
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 Superintendent of Schools shall be elected by the people at the same time and in the same
33

wmmmm

T"eruan t1h%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 the

business relating to the common schools. He shall prescribe suitable forms for

the reports required of subordinate school officers and blanks for their

guidance in transacting their official business, and shall from time to time

Kthe hfaiM thful

*T ^ y ^ them SUCh inStrUCti n aS hC may dem necessar
and efficient execution of the school laws; and by what is thus

communicated to them they shall be bound to govern themselves in the

discharge of their official duties; provided, there shall always be an appeal

TMXTM,mf SUPerintend6nt t0 the St3te Board of Education. (lets

? . " I2"7 52'tteQ"Utfa UfiCff Scn^So' Tls

render
he shall

a perSn elibIe t0 hold the office of 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 accredited college or

university, and be at least 30 years of age. (Acts 1919, pp. 288, 311; 1963, p

nffi > ^ B"nd/nd oath- UPn entering upon the discharge of his official duties the State Superintendent of Schools shall give bond in the
wwhhicchh IshHal,l bbe a$c5c0e'p0t0aV bleOto^theSStaetc6r'etWarHyh oSfm Steatea,PcPo-nedidti8osnuerdetythactomhepaJnly truly account for and apply all money or other property which may come mto his hands in his official capacity for the use and benefit of the pu" fo which it is intended, and that he will faithfully perform the duties
IZT^T r,by laW' He Sha11 t3ke and Subscribe an oath to diligently
and faithfully discharge the duties of his office. The bond, with certified
rass&s! 5s :trr - out of the treasury f lhe state indorsement thereon, shall be filed with the Secretary of State, anTthe

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
SSttaatteeCaBBoonarHd oJf Epdufcat^ionT . (Ac^ts 19^ 37, p^ p. 864t,h8e6r7^.)ulations ^ by tS

and and

Penn3ffo2"r5ce5a"l,lwt!h!teierSu-l,T eshaendStraetCgulSautiPoenrsinotefnthdee"Sttaotef

Schools shall carry Board of Education

out and

the laws governing the schools receiving state aid; he shall from time to time

34

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, pp. 288, 312.)
32-506. Duty to visit the several counties. It shall be the duty of the State School Superintendent to visit as often as possible the several counties for the purpose of examining into the administration of the school law, counseling with school officers, delivering popular addresses, inspecting school operations, and of doing such other acts as he may deem to the interest of popular education. (Acts 1919, pp. 288, 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. pp. 288, 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 appropriated to the purpose of public education; a statement of the number of common public schools of the various grades; the number of pupils attending such schools, their sex, color, and the branches taught; a statement of the average cost per pupil of instruction under the common school system in each county; a statement of the plans for the management, extension and improvement of the common schools; a statement of the number of children of school age in the State, with as much accuracy as the same can be ascertained; also, a statement of the number of private schools and colleges of the different kinds in the State, the number of pupils in such schools or colleges; their sex, the branches taught, the average cost of tuition per pupil in said schools and colleges. (Acts 1919, pp. 288, 313.)
32-509. Preparation of text on civics. The State Superintendent of Schools is required to prepare, with necessary assistance, a textbook on civil government and have it printed and sold to the schools at cost. (Acts 1919, pp. 5,314.)
32-510. Salary. The State Superintendent of Schools shall be compensated in the amount of $22,500 per annum, to be paid in equal monthly
35

or semi-monthly installments. He shall also be reimbursed for his expenses incurred in connection with the official duties of his office. (Acts 1966, p.

288 I3?,"51*1; f^eXpenses; clerk; assistants. (Based upon Acts 1919, pp. ,31' 15; [931> PP- 7> 40- ^pealed by Acts 1937, pp. 882, 891
f%6 p 3947 ACtS 194?' P- 6?3; 196' PP" 1184>1185- pealed by Acts
s?.^ ^ 3i6; ' --s - **% 1 288, i926 Extra 42 32-512. Estimate of common school fund. Payment of teachers rBaserl

sseeee SseecctioZn rl322-990Z2.%FRai?lurenSto*ar"ra"ng^e fSoUPr ersicnhtoeonld-as*faosrfteoitainmgouringthdt uteo,

participate in school fund, see section 32-940.

veiling right to

rn 32'513- APP0*ionment of funds where there are local school laws (Based upon Acts 1919, pp. 288, 316. Repealed by Acts 1937, pp. 882 89T)

AAccttss 119V211995,1ppDp. 22e8888C, h331?9J. RTepe^aledIbT y Ac^ts 1e9s3t7ab, ,pisph. m88e2n,t-89*1.) (Based upon

Cross-references. Normal instruction, see section 32-408 Course in physical education, see section 32-1902.

32-515. Reports from county superintendents, requiring Ihe State

county school supenntendents shall no, be entitled to compensation for their

^ZZ^l^TnoT ' " he ,,o 1 sh, ! J reP" " m0afdeo'nsd,ld,0 w8hTM ich",,,,,hesrhwalilsenowtoroelcdeibvee

36

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.)
32-602. Establishment of Minimum Foundation for Education Program. The General Assembly of Georgia, recognizing the importance and extreme necessity of providing improved educational opportunity for all Georgians - children, youth, and adults; of establishing equality of educational opportunity for Georgia's children and youth regardless of where they may live or what their station in life may be; of establishing and maintaining minimum standards for public schools so that every Georgia child and youth can attend an accredited public school; of improving the quality of education through continued development and improvement of balanced programs designed to provide academic and occupational preparation of Georgia's children and youth for adult life in this age; of developing a public school program that will attract, hold and fully utilize competent professional personnel in the public school systems of this State; of establishing and maintaining adequate planning, research and experimentation programs so as to assure continued future improvement of public school education in Georgia- of providing for better and better utilization of existing school services'and facilities; of the need to finance adequately the improvement of Georgia's public education program and facilities; of the need to assure Georgia's children and youth of receiving an improved minimum level of
education; and of the need for providing a method whereby all Georgians shall pay their fair share of the cost of such program, and recognizing fully its responsibility to provide a means whereby the foregoing needs might more readily by 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 oi 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 ol 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
37

MI^HH

mmmmmm

children and youth, and economy and efficiency in administration and

ZtZ R PTu uuh and PUbUc SCh01 $yStems throughout the State.

Srenspoonnssibhil, ivtie"s

ves,te]d

h3Ve
in it

^byPpW roevristi0onPserof0frmlaw*

fdourtiethsea"imd ptoroevxeemrceinset

aolfl

pubhc education in the public elementary and secondary schools of Georgia

* tJt!' ;egUlatlnS' Plicies and shards adopted or prescribed by L

stu ff no? m CaT,8 T ^ PrViSi0nS f thiS Act and other schol laws

1964, pp 3 7 )C '

6With' h3Ve the fU" frCe 3nd effect of law- (^t

,<* f-604-Pwers and duties f 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 Departmen of Education, and shall be responsible for the administration and enfTM of all provisions o this Act and other school laws in accordance w h h
provisions of such laws and rules, regulations, policies and standards adopted or prescribed by the State Board of Education for the .mplementafion administration or enforcement of such laws. (Acts 1964, pp. 3,1TMTMTM1TM'

PPuubblliicc3!e."l6em05e'nttarPyeraantid!nsecfonPdUabrHyc

Sch0,S; SchoI schools of this

year and school month State receiving state aid

under provisions of this Act shall be operated for a period of fim to be

determined by the State Board of Educat.on which shalf not be less In nin

school months during each fiscal school year. Twenty school davs sh"ul

constitute a school month. The fiscal school year shall bejn on h fiitty

of July and end on the 30th day of June of each year. (Acts 1964, pp 3 8 )

f A 3i66" L?aI UnhS f SCh1 adTMnistration; eligibility to receive state
Zt'Zr^ZTi << * ** ^,*Jz funds. The severa county, iensdtaebpieisnhdeednt and area public ^hod systems of h
0 local units of school administration for the purposes of this Act The
qualifications, manner and time of selection, election or appointm nt tenure tate compensation if provided for, and powers and dutie^f ,SS,,u
and members of boards of education of the several local units o
ziTiiizr r TM shXomp": administration shall be as prescribed by law, provided how v tha uch m ers of iocai boards f educa th provisos of nifr6 ? PrV1Si0nS f thlS ACt 3nd ther sch001 ^ and
Tfizszzzs** - ---p-sr:;;h- to receive statef d BBooaarrdd ooff EFduH cat,,ion' "pu^rsuant"tSh' ePreHtod,eSin ao"rddeSrtatnodraerndsdeardothPetcr"esbpyecttihvee Slotacatel

Person^el6^!', t^f **? f SChl admi^tration; employment of aanndd aallll ootthhe^r sIchT ool 'pePr"sonnCnipeallS'oftlho6cralC6urntiitfsicaotefdaPdmasinsiisotrnaatilonpesrhsoalnlneble,

38

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 superintendent. Minimum qualifications for employment of all school personnel 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 duplicate by such personnel on their own behalf and by the local superintendent of schools on behalf of the local board of education. (Act81964, 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, instructional supervisors, visiting teachers, school librarians, guidance counselors and county or regional librarians. (Acts 1964, pp. 3, 9.)
39

mmm
^^MHHI
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 establishc i 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 be 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, 19.)
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.
40

(b) Payment of salaries of other certificated professional personnel as provided for in section 32-612.
(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 salaries. 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
41


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 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 ten-months 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 teachers in public elementary and secondary schools 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 umt 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-months 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 alloted 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 s.ck leave expense. The amount of funds needed by a local unit of administration for maintenance, operation and sick leave expenses not otherwise provided for in Section 11 through Section 21 of this Act shall be determined by multiplying the number of teachers allotted to the local unit of administration under provisions of Section 11 of this Act by a sum of money per teacher to be determined by the State Board of Education which shall not be less than $1,050 per school year per state allotted teacher hrough the 1968-69 school year, not less than $1,250 per state allotted teacher for the 1970-71 school year and each school year thereafter. The state Board of Education shall define the term "maintenance, operation and ick leave expense" and shall have authority to establish minimum require-
42

ments 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. (1970)
32-614. Amount of funds needed for free textbooks. The amount of funds needed by a local unit of administration fro 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.)
32-615. 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. 3,14.)
32-616. Amount of funds needed for library books and non-consumable 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 non-consumable 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. 3,14.)
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, additional funds needed
43

mm

wm

M1HMHBHHI

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 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 allotments are desired as 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 under provisions 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, requirements 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 m accordance with a schedule of standard transportation costs to
44

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 salaries that shall be paid by local units to drivers of school buses with a 24-passenger capacity and 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. The 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
45

MMHHHBIM

HHH

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 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 statewide programs in the public schools of this State for the education of adults, pre-school 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
46

and fund 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 statewide 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 additional 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 statewide 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. Statewide cost of public school educational television services. The State Board of Education shall annually determine the cost of operating and maintaining the statewide network of public school educational television stations, the statewide cost of programming and the statewide cost of production and purchase of video tapes and other materials used in the statewide public school educational television program. Such statewide costs, as determined by the board, shall be paid entirely from state funds and shall not be considered in determining local units of administrations' share of the cost of supporting the Minimum Foundation Program of Education. (Acts 1964, pp. 3, 20; 1969, p. 248.)
Editorial Note. Acts 1969, p. 248, entirely superseded the former section.
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.
(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.
47

H
(a) 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 statewide Minimum Foundation Program for the fiscal school year is to be paid by local funds by multiplying the estimated costs of the statewide 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 statewide Minimum Foundation Program for the fiscal year to be paid by local funds as determined 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 their minimum foundation program of education needs shall be
48

^I^HHHHH
determined by multiplying the per cent, that the school tax digest of the local unit of administration is of the total school tax digest of all local units of administration in the county by the total 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 statewide 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.
49

MMHMHHM

(2) The State Board of Education shall determine the portion of the estimated cost of the statewide Minimum Foundation Program to be paid by local funds by multiplying the estimated cost of the statewide Minimum Foundation Program for the school year by the percentage share of the cost of such statewide program to be paid by local funds on a statewide basis, and then subtracting therefrom the product derived from the multiplication of the percentage used in calculation of the required local effort in the immediately preceding fiscal year by the total of all lapsed funds appropriated to the Department of Education to finance the Minimum Foundation Program of Education. (Commencing with the 1965-66 school year, beginning on July 1, 1965, the estimated cost of the statewide Minimum Foundation Program shall be shared on a statewide basis of 84 per cent, state funds and 16 per cent, local funds); provided, however, that the share of the estimated cost of the statewide 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 two years, so that
commencing with the 1967-68 fiscal school year the statewide cost of the Minimum Foundation Program shall be shared on the basis of 82 per cent, state funds and 18 per cent, local funds and shall thereafter be increased at the beginning of each fiscal school year beginning with the 1969-70 fiscal school year by one-half of one percentage point at the beginning of that fiscal school year and each subsequent fiscal school year so that commencing with the 1972-73 fiscal school year the statewide cost of the Minimum Foundation Program shall be shared on the basis of 80 per cent, state funds and 20 per cent, 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,

1965, and each year thereafter. (Acts 1964, pp. 3, 20; 1967, p 759- 1968 D'

1161.)

'

,F'

Editorial Note. Acts 1967, p. 759, superseded the former provision in subsection (B) (2). Acts 1968, p. 1161, amended subsection (B) (2) so as to provide that a certain percentage of all lapsed funds appropriated to the Department of Education for the purpose of financing the Minimum Foundation Program for the immediately preceding fiscal year shall be taken into account in determining that portion of the estimated cost of the statewide Minimum Foundation Program to be paid by local funds. In setting out the section "to read," the matter in brackets was omitted, but no intention was expressed to repeal such language.

Constitutionality: Proviso clause of subsection (B) (1) of this section providing "that the equalized adjusted school property tax digest of each
50

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" is not unconstitutional. 222/503 (1) (150 S. E. 2d 825.)
Proviso clause of subsection (B) (1) of this section applies to independent school systems whether they lie entirely within a single county or extend across county lines, and such application does not result in discrimination and disparity of fiscal treatment among independent school systems nor is there any inequality created thereby. Id. 504 (2).
Independent school systems: First portion of subsection (B) (1) of this section refers to county divisions for school administrative purposes, and proviso, rather than what precedes it, fixes basis for independent school systems in determining their responsibility for local funds. 222/499 (1) (150 S.E. 2d 822).
That the statute refers to independent school systems located within a county does not mean that independent school systems embracing parts of more than one county are not included. Whole purpose of law would be defeated by such construction. Ability to finance is key, and this is blind to county lines, except to use county as total unit in determining financial ability of each unit within county. If school system is in more than one county, its prorata share of state funds may be determined from its financial ability to pay in each county. Id. 499 (2).
Proviso clause of subsection (B) (1) of this section providing "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" is not unconstitutional. 222/503 (1) (150 S.E. 2d 825).
Proviso clause of subsection (B) (1) of this section applies to independent school systems whether they lie entirely within a single county or extend across county lines, and such application does not result in discrimination and disparity of fiscal treatment among independent school systems nor is there any inequality created thereby. Id. 504 (2).
32-623. Additional allotment of state funds. In addition to the foregoing 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 purposes. When additional funds are allotted to local units for purposes hereafter provided
51

^^^^^^^^i
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, pp. 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 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 therefor, 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 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 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
52

I
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 facUities 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 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 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 1951-52 and 1960-61 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 State Board of Education shall annually determine 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 proportion to the area and population to be served by such libraries in accordance with regulations and minimum
53

mmmmmmm mmmm
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 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 other certificated professional personnel, shall be distributed to the local unit of administration wherein such public library is located. (Acts 1964, pp. 3, 27.)
* , 3^6rl6' ?perf,n of summer s^001 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 Ll meet and be offered in accordance with minimum standards, requirements and catena as may be prescribed by the State Board. Teachers and other profession* 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 extend 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 m the local unit during that school year. The State Board is 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 ot 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
54

1HH
and to prevent over-crowding of classrooms and operation of public schools on a double-session basis in rapidly expanding school systems, the State Board of Education is hereby authorized, to the extent that funds may be available for this purpose, to develop and provide for implementation of a plan for operation 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 statewide 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. 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 percent of the calculated cost of the statewide Minimum Foundation Program. (Acts 1964, pp. 3, 29.)
32-629. Amount of funds needed for school lunch programs. 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 and establish training programs for such personnel. The State Board of Education is hereby authorized to provide for the payment of operating costs of school lunchrooms, state supplements to the salaries paid such personnel by local units of administration and state incentive pay for satisfactory completion of such training programs. (Acts 1964, pp. 3, 29; 1969,p.811.)
55

i
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 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 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 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 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, area vocational schools and comprehensive vocational high schools. Such funds, including salaries of teachers over and above teachers earned under section 32-611, 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; 1969, p. 1017.)
56

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.)
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 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
57

mmmmmmmmmmmmm^
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 purpose 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.)
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.
58

(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 purposes 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
59

mmmmmmmmmmmmm
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 ".chool 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 chapter and as may otherwise be needed to meet the proposed final 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 chapter, 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; provided, however, that budgets of school districts borrowing funds for operations in anticipation of revenues from county school taxes or independent school system tax may include in estimated receipts one-half of the estimated school tax revenue from county ad valorem levies for the calendar year in which the school districts' budget year ends. (Acts 1964, pp. 3,34; 1957, p. 770.)
32-642. Approval of budget by local board of education. Local boards of education shall receive and examine the proposed final budget 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
60

I^^^HBH
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.)
32-643. State approval of local budgets, (a) No later than June 1 of each year the chairman of the board of education and superintendent of schools of each local unit of administration shall certify and forward to the State Superintendent of Schools two copies of the final budget adopted 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 superintendnet 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 school 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 required to make changes therein, the local board of education shall, within 30 days from receipt of such notification, either revise the local 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
61
j.

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 State 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 the 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 the 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.
(c) 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 approved as the budget of the local unit for the next fiscal school year. When changes in budgets of local units are suggested by the State Superintendent, the board of education of the local unit, though not required to make such changes, shall consider the same at the next regular meeting of the local board and thereafter notify the State Superintendent in writing, of the extent to which such recommended changes are adopted. Budgets of local units of administration, upon approval by the State as provided herein, shall become operative as the official budget of the local unit for the next fiscal school year and shall be strictly adhered to by the local unit of administration. The State Board of Education shall, by regulation, provide a method and manner for amendment of school budgets 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 the limited purpose of reviewing the financial records and accounts of local units of administration receiving state aid under provisions of this Act so as to insure compliance by local units with provisions of this Act, other school laws, and
62

rules, regulations and policies of the State Board adopted in accordance with provisions of such laws. The provisions 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 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 allotted 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.
63

(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, to be designated by the State Board, ordinarily needed, procurred 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
64



MH^^HBBBK

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 $tate bid prices are obtained on such items. (Acts 1964, pp. 3, *0.)
32-647. Distribution of state funds. The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local 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 percentage 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
65

mmmmm
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 scnool 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.)
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
66

MMM^^^^^^^^^HH
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.)
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 technical 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; cooperative agreements. The State Board of Education is hereby authorized to establish and operate a
67

wmmmmmmmm.
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 us* 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 reorganize 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 provision 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 state-contributed minimum foundation program funds allotted to such 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
68

judicial review of such decision, on the record made before the State Board, by filing an appeal in the Superior Count 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.)
32-656.1. Voter registration; excused absences. Each student in the public schools of the State of Georgia, upon attaining the age of 17 years, shall be apprised of his right to register as an elector and vote in elections upon attaining the age of 18 years. The State Board of Education shall promulgate rules and regulations to carry out the provisions of this section. An excused absence of a student, as determined by the local unit of administration, not to exceed one school day, shall not be counted against any local unit of administration in ascertaining "average daily attendance." (Acts 1968, pp. 135,136.)
32-657. Chapter to be administered pursuant to budget laws. The standards set forth, 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 Chapter shall be construed as amending or modifying in any way Chapter 40-4 known as the "Budget Act" as provided in an Act approved February 12, 1962 (Acts 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 Chapter unless specifically so provided in this Chapter. (Acts 1964, pp. 3,48.)
32-658. Instructions in nutrition, hygiene, etiquette and the social graces relating to the partaking of meals. The State Board of Education is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this State a course of instruction in nutrition, hygiene, etiquette and the social graces relating to the partaking of meals. There shall be utilized in the course of instruction the full resources available to each individual school, including its cafeterias, school lunch personnel and all practical demonstrations in the preparation and consumption of food which shall be necessary to formulate a comprehensive course of instruction in such subject-matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period. (Acts 1967, p. 34.)
69

"
32-659. Same; costs. The costs incurred for the inclusion of such a course of instruction shall be met in accordance with the provisions of the Minimum Foundation Program of Education Act [this Chapter], and such course of instruction shall be a part of the Minimum Foundation Program of Education which has been established for the State of Georgia. (Acts 1967 p 34.)
70

PARTV
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 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 school, 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, pp. 288, 296; 1921, p. 156.)
32-706. Instruction in essentials of United States and state constitutions. Study of American institutions and ideals. All schools and colleges sustained or in any manner supported by public funds shall give 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 American institutions and ideals, and no student in any school or college shall receive 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.)
71

wmmmmm mmmmmmm
32-708. Selection and purchases 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. The State Board of Education shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose. (Acts 1937, pp. 896, 898.)
32-711. Board to provide for purchasing, repairing and furnishing free textbooks. The State Board of Education shall, under such rules and regulations as it may deem advisable, provide for purchasing, covering, repairing and furnishing such free textbooks for use by the pupils in all of the elementary and high school grades in the public schools of this State. The State Board of Education may contract for, and provide rules and regulations for, the covering with book covers of such books as are supplied under the provisions of this Chapter. (Acts 1937, pp. 896, 898.)
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, cover, 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.)
72

Note: This provision would seem to have been at least partially superseded by Acts 1964, pp. 3,14 (Code 32-614.)
32-713. Purchases on condition that price as low as that offered any other school. All purchases or contracts for purchases shall be made subject to the condition that the price paid by the State shall not exceed the price which may be offered by the publisher to any other school or school authority for substantially the same book. (Acts 1937, pp. 896, 898.)
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 twelve inclusive, and no other. (Acts 1937, pp. 896, 898.)
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 Chapter. (Acts 1937, pp. 896,899; 1961, pp. 421,422.)
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
73
L'*ijfifiii3

contracts as may be necessary for that purpose. The Board may also purchase any second-hand books now or hereafter used in Georgia as it may deem advisable on such basis as may be reasonable. (Acts 1937, pp. 896, 899.)
32-719. Expenses and cost of books paid from appropriation. Preference to elementary grades. The expense of administering this Chapter, and the cost of purchasing, publishing, covering, repairing and furnishing such free textbooks shall paid by the State Board of Education from such funds as may be provided by the General Assembly for that purpose; provided, however, that, if funds sufficient to furnish free textbooks for all grades shall not be available at any time, the Board shall give preference to the elementary grades, starting with the lower grades, and furnishing free textbooks to the higher grades as rapidly as funds are available for that purpose. (Acts 1937, pp. 896, 899.)
32-720. May contract with local boards to purchase or for use of textbooks. The State Board of Education shall be authorized, if in its discretion it is deemed advisable to do so, to contract with the boards of education of counties or independent school systems now owning textbooks, for the purchase or use of such textbooks, upon such terms as may be mutually agreed upon. (Acts 1937, pp. 896,900.)
32-721. Local boards may furnish free or may rent books. Nothing in this Chapter shall be construed to prevent the boards of education of various counties and independent systems from furnishing free textbooks or school supplies from local funds or furnishing such textbooks and school supplies on a rental basis, for all grades in addition to the free textbooks supplied by the State Board of Education. (Acts 1937, pp. 896, 900.)
32-722. Where books changed local board to be compensated for books being furnished or rented. In those municipalities and counties wherein the local boards of education have purchased books, and are furnishing free or renting same to the pupils, it shall be the duty of the State Board, if different books be selected for use in such municipalities or counties, to compensate the local board for the books owned by the local board, or allow the use of such locally owned books, so long as said books are serviceable. (Acts 1937, pp. 896, 900.)
32-723. Board given general power to provide for school book system. In addition to the powers hereinbefore granted to the State Board of Education to provide free school books to the pupils of the public schools of the State, the State Board of Education is authorized and empowered to do whatever may be necessary for the general welfare of the free school book system, and in order to acquire school books at the lowest possible costs. Such powers hereinbefore set out being cumulative and not restrictive. (Acts 1937, pp. 896,900.)
74

{^^IBHHB
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 locai 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%) percent 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 of education. The cost of conducting all elections under this Act shall be paid
75

wmmmmi

from county funds as now provided for general elections. (Acts 196] pn 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.31,32.)

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%) percent 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 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.)
76

^H
32-806. Successive 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 questions 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 of 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 year. (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. Repealed 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 contracting with suitable private organizations inside or outside the State of Georgia for the provision of such services;
77

mmmmmmmmmmmmmm-.
(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 facilities it deems necessary to provide educational and training services for mentally retarded children. (Acts 1958, p. 206.)
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 VIII, Section I, Paragraph I (2-6401) of the Constitution of Georgia, and mindful of the authority vested in the General Assembly under Article VIII, 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 VIII, 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.)
78

I ^^M
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 nonsectarian 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 child 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 to be paid, to be determined by dividing the statewide 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 period 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.
79

MBMBBHI
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 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, pp. 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
80

*i^l^H^HBHH
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 IS 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 32-8193) 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 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 32-8193). 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.)
31

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 o( 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 VIU, Section XIII, 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.)
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
82

HE
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 percent or more of the children in average daily attendance have parents or guardians who live or work full time on state-owned property, 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 parents 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
83

^^^^i^^^Hi
determined by section 32-826, subparagraph (c) by the total as determined by section 32-826, subparagraph (a). (Acts 1962, pp. 71, 72.)
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 percent 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 persons 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
84

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 endangered 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 Sundays, holidays or other nonwork days. (Acts 1962, p. 670.)
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 student. 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
85

mmmmmmmmmm,.
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.)
32-838. Professional Teaching Practices Act; teaching declared to be a profession. It is the intent and purpose of the General Assembly that the practice of teaching, including administrative and supervisory services shall be designated as professional services. Teaching is hereby declared to be a profession in Georgia, with all the similar rights, responsibilities and privileges accorded other legally recognized professions.
(1) This law [Code 32-838 through 32-842] shall be known as the Professional Teaching Practices Act."
(2) The members of this profession, under the leadership of the statewide professional education organizations), shall develop and provide for adoption of codes of ethics and professional performance.
(3) In meeting its responsibilities, the profession shall carry out its activities in accordance with the provisions of the Constitution and laws of the State of Georgia.
(4) Upon the adoption of such professional standards as may be determined, those who practice in this profession shall be obligated to abide by these standards. (Acts 1967, pp. 840,841.)
32-839. Same; professional practices commission; membership; powers; adoption of codes or standards of ethics; violation of standards. (1) A professional practices commission is created consisting of 17 members appointed by the State Board of Education on the recommendation of the State Superintendent of Schools. A member, in order to be qualified for appointment, shall be certified to teach in the State of Georgia and be a citizen of the United States and a resident of this State, and shall have practiced his profession in Georgia for at least five years immediately preceding ha appointment. The composition of the commission shall be as follows:, four elementary school classroom teachers; four secondary school classroom teachers; one elementary school principal; one secondary schod principal; two school system superintendents; one employee of the State Department of Education; and four persons who are members of and designated as representing statewide professional education organizations of professional practioners.
(2) The members of the commission shall be nominated by the teaching profession as provided in subsection (3) below, and the names of the nominees shall be submitted by the State Superintendent of Schools to the
86

State Board of Education from which names the State Superintendent of School's recommendations shall be taken.
(3) A panel of three nominees for each place on the commission foi which each group is responsible shall be submitted to the State Superintendent of Schools by each of the following: recognized statewide general professional education associations; State Board of Education; and by the recognized statewide professional education organizations representing each of the following: classroom teachers, elementary school principals, secondary school principals, and superintendents. Initial appointments shall be six for one year, six for two years and five for three years. Thereafter, terms shall be for three years. A member may be reappointed to the commission only one time. The State Board of Education shall designate the statewide professional education organizations which shall be entitled to submit nominations.
(4) The commission is given the responsibility for developing, with the advice of the teaching profession, criteria of professional practices in the area of ethical and professional performance.
(5) (a) The commission shall select its chairman, and, subject to the approval of the State Board of Education, shall have the authority to establish procedures for developing codes or standards of ethics, professional performance and practices as described herein, to adopt such codes and standards and to adopt rules and regulations of procedure providing for filling of vacancies on the commission, and to effectuate the purposes of this law [Codes 32-838 through 32-842].
(b) The commission shall have the power to recommend action in cases of violation of the standards of professional practice, as established by it, for all teachers, which shall represent the generally accepted standards within the teaching profession with respect to competent performance and ethical practice toward other members of the profession, parents, students and the community; provided, however, that nothing herein shall extend beyond the area of professional ethics and professional performance nor to areas of strictly private views or activities not related to the classroom or professional activity.
(c) A violation of any of the standards so adopted shall be deemed to be unprofessional practice.
(d) In carrying out its functions of developing standards, the commission may incorporate in its recommendations the proposals developed by any of the committees of any existing professional organizations under the Professional Teaching Practices Act.
87

(6) (a) The commission, in administering this law, after a public hearing may make recommendations to the State Board of Education that a member of the profession be warned or reprimanded, may make recommendations to the State Board of Education in cases involving suspension or revocation of certificates of members of the profession, and may make any recommendations to the State Board of Education or to local or county boards of education which will promote an improvement of the teaching profession. A report of action taken upon such recommendations, including a decision that no action be taken, shall be filed with the commission and a copy delivered to the member affected.
(b) In analyzing the charges of breach of ethical or professional practices, the commission may request assistance through any of the investigative processes of any existing professional organization.
(7) When acting in good faith in the course of their duties at meetings of the commission, members shall be privileged in their utterances. (Acts 1967, pp. 840, 841; 1968, p. 330.)
Editorial Note: Acts 1968, p. 330, entirely superseded the former section.
32-840. Same; removal from commission. The commission may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. (Acts 1967, pp. 840, 841.)
32-841. Same; funds. The commission shall be financed by the statewide professional education organizations and not by public funds. The function of the commission is deemed to be in furtherance of educational purposes and the commission shall be authorized to accept gifts and grants for this purpose. (Acts 1967, pp. 840, 841.)
32-842. Same; to whom law applicable. The provisions of this law [Codes 32-838 through 32-842], other than the declaration that teaching is a professional service, shall not be construed as applicable to those members of the profession not serving in the public school systems. (Acts 1967, pp. 840, 844; 1968, pp. 330,333.)
Editorial Note. Acts 1968, pp. 330, 333, removed a former reference to the university system.
32-843. Regulation of certain contracts for or on behalf of students; State Board of Education to promulgate rules and regulations. The State Board of Education is hereby authorized to promulgate rules and regulations to regulate contracts or purchases which involve the aggregate sum of $100 or
88

more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds. (Acts 1968, p. 335.)
32-844. Same; compliance with rules and regulations. No person shall enter into any contract or make any purchase which involves the aggregate sum of $100 or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds unless such person has complied, prior to entering into said contract or purchase, with such rules and regulations as promulgated by the State Board of Education for making purchases for the students in said schools. (Acts 1968, p. 335.)
32-845. Same; disciplinary measures for violations. Any person who violates the provisions of section 32-844 shall be subject to such disciplinary measures as provided by the State Board of Education. (Acts 1968, p. 335.)
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 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 continued statewide interest in a motivational force for the continued improvement 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 Superintendent 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
89

^^^^^^^^^^^^H
appointed by the Governor for a four-year term, except 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 ol 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) Senators and two (2) Representatives on the Council. The two (2) Senators shall be appointed by the President of the Senate and the two (2) Representatives shall be appointed by the Speaker of the House of Representatives. The first appointments of such four (4) members shall be make 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 occurring 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 Assembly. 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 educational needs, and the public educational institutions and agencies in Georgia 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 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
90

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 conpection with the 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, pp. 434, 724.)
PART VII
COUNTY BOARDS OF EDUCATION
Note: Code Section 32-913 was repealed by Acts 1949, pp. 1406, 1420; Code Sections 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 32-419 was repealed by Acts 1947, p. 1461; Code Sections 32-936, 939, 046 and 947 were repealed by Acts 1937, pp. 882, 891; Code Section 32-048 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.
MTiirtfHMMI

mm
MH^HMI
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. The grand jury of each county (except those counties which are under a local system) shall, from time to time, 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 four years and shall hold their offices until their successors are elected and qualified; provided, however, that no publisher of schoolbooks, 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; provided, further, that whenever there is in a portion of any county a local school system having a board of education of its own, and receiving its pro rata of the public school fund directly from the State Superintendent of Schools, and having no dealings whatever with the county board of education, then the members of the county board of education of such county shall be selected from that portion of the county not embraced within the territory covered by such local system. (Acts 1919, pp. 288, 320)
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 VIII, Section V, Paragraph 1 of the Constitution of Georgia of 1945, as amended (2-6801), shall be selected by the last grand jury immediately preceding the expiration of the term of the member that the member to be selected will replace. (Acts 1953, Nov. Sess., p. 334.)
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 ot those selected from the same militia district or locality, nor shall they select any person who resides within the limits of a local school system operated independent of the county board of education, but shall apportion members of the board as far
92

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 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 contrary, 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.)
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, pp. 288, 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 e'ection of a county superintendent of schools shall be the certified statement ot Mie secretary of the meeting of the board at which the election was held. Any member of a county board of education shall be removable by the judge of the superior court of the county, on the address of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office, after opportunity to answer charges; the judges of the superior courts shall have the power to fill vacancies by appointment in the
93

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, pp. 288, 322.)
32-907. Officers of county board; quorum; record of proceedings. The board of education shall elect one of thier 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 counter-signed by the secretary. (Acts 1919, pp. 288, 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 1919, pp. 288, 323; 1955, pp. 625, 626.)
94

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, pp. 288, 323; 1937, pp. 882, 892; 1946, pp. 206, 207; 1961, pp. 35, 38; 1962, pp. 654, 655.)
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 county or other local boards as school court. The county, city or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary, and when such board has made a decision, it shall be binding on the parties; provided, however, cither party shall have the right to appeal to the State Board of Education,
95

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 cited 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. The appellant and the appellee shall be notified by the State Board of Education in writing as to said board's decision on any matter appealed to the board within 25 days of the date of the decision. (Acts 1919, pp. 288, 324; 1947, pp. 1189, 1190; 1961, p. 39; 1969, p. 708.)
Cross-reference: Regulations of State Board governing appeals, see Part XXXIII 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 Education 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, supra; Op. 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 Unior Point v. Jones et al, 88 Ga. App. 848.
Board of Education v. Young, 187 Ga. 644, 646. Teacher has right to bring mandamus proceeding against board of education for restoration of former status and salary as principal.
96

wK^manmamm
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 children as a prerequisite to admission. (a) No child shall be admitted to a public school operating in this State unless such child shall first have been immunized from contagious diseases itemized in appropriate rules and regulations promulgated by the State Board of Health. The child's parent or guardian shall firnish the school to which admittance is sought with a certificate of a physician licensed under the laws of the State of Georgia or public health department acknowledging that the child has been immunized before the child shall be admitted.
(b) The State Board of Health shall determine which diseases are to be included in the rules and regulations promulgated by the local boards of health. The State Board of Health shall immediately determine which diseases should be included, and shall convey the list of diseases to the local boards of health. The list of diseases may be revised whenever the State Board of Health deems it necessary, and the local boards of health may revise their rules and regulations accordingly.
(c) Any school official, parent or guardian violating the provisions of this section or the rules or regulations promulgated pursuant thereto shall be guilty of a misdemeanor and punished accordingly.
(d) If, in the discretion of the health authority having jurisdiction or any physician licensed under the laws of the State of Georgia, any child to whom this section applies shall be deemed to have a physical disability which may contraindicate vaccination, a certificate to that effect issued by the health authority or physician may be accepted in lieu of a certificate of vaccination. This exemption shall not apply when such disability shall have been removed.
(c) The provisions of this section shall not apply if the parent or legal guardian of such child objects thereto on the grounds that such immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which said parent or guardian is an adherent or member; provided, that immunization may be required in these cases when such disease is in epidemic stages. (Acts 1880-1, p. 97; 1919, pp. 288, 325; 1946, pp. 206. 207; 1957, pp. 455. 456; 1964, pp. 499, 664; 1968, pp. 1436, 1437.)
97

mm
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 direc him to do. Said board may suspend the county superintendent of schools for incompetency, willful 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 county superintendent or teacher 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 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 school systems created prior to the adoption of the Constitution of 1877. (Acts 1919, pp. 288, 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.
Parker v. Board of Education of Sumter County, 209 Ga. 5. County board of education is not body corporate with authority to sue and be sued.
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.
98

32-913. Employment of teachers. Repealed 1949.

32-914 Reports by teachers. It shall be the duty of teachers to make

and file with'school officials designated by the county, independent or area

upe ntendent of schools records of attendance of pupils Such records.hal

be compiled in central records offices or in the place designated by the

county or independent city system board of education from daily reports of

he teachers or such records may be maintained in registers or by other mean

arespTM ma"y

be provided for by shaAave been filed

the State Board of Education. by a teacher, it shall not be law

Until all requir d ul *^TM*

superintendent of schools to audit the accounts of said teachers for their

services. (Acts 1919, pp. 288, 325; 1969, p. 838.)

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 Junty and the best interests of the pupil, require, tc, consohdae two^o more schools into one school, to be located by said board at a place rnventt to the pupils attending the same, the schoolhouse to be, locate a. near the center of the district or districts as practicable. (Acts 1919, pp. 288,
326; 1946, pp. 206,207.)

Note- Bedingfield v. Parkerson, 212 Ga. 654. A county board of educat.on has authority and power to select, locate and acquire sites for choo buddings in its county, according to its judgment and discretion, sublet 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 discretion and relocate such school site.

32-916. Repealed 1946; 917, repealed 1946,918, repealed 1937;919,
repealed 1947.
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 educat.on, transmit to the
e' S printendfnt of Schools an itemized statement of the various sums due and unpaid by the county board of education whether the same be for tachers' salaries, for pay of the county superintendent of schools or for any other .tern 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 GTernoS issue his warrants upon the Treasurer for all.he funds standing to the credit of each of the several counties upon the books of the Treasurer, or for such pa^t thereof as may be needed to liqu.date the indebtedness of the

99

I

county board of education of such county, as shown by each itemized statement aforesaid. The State Treasurer shall, upon the presentation of the warrants aforesaid, draw his checks for the amount of said warrants in favor of the county superintendent of schools of the several counties, and the State Superintendent of Schools shall immediately transmit said checks to the several county superintendents of schools, who shall promptly disburse the money so received in payment of the sums set out in the itemized statement aforesaid; and if the money is not sufficient to pay said sums in full, it shall be prorated among the various items; provided, that the expenses of administration for each month shall first be paid in full, and the county boards of education are hereby authorized to make their contracts in such manner that the amounts payable to teachers for services rendered shall become due and payable monthly. (Acts 1919, pp. 288, 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 fiiey 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
tisZmJadTe. f(AlcttsT1o9,19or, pepd.U2,C8f8, 3n2al8;PU19rP37S,eSppd.U8r8in0g, t8h8e2^.) ar in which su<* 1-n

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 ,s available remedy to compel such board to repay debt

Cross-reference: See Constitution, Sec. 2-6004, Part I herein, supra.

PH,,,t32'9?\ReSOlUtin authori2ing loa"- ^ order for any board of be ulT, t Tu T^ fr ^ PUrpSeS he^before stated, there shall be passed by said board a resolution authorizing said money to be borrowed

n which resolution shall be stated the amount of money to* 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

nXiteZt
minutes of the

meet^ingsthorf saiUd nbtoyarSdUPoefriendtuencadt-iotn.(fA-chtsoo19l1r9e,cpo.rd3e2d8.o)n

the

32-923. Term of Loan. No money shall be borrowed for any longer tone than is necessary, and the same shall be paid back out of any funds
wTvV" u ^^ f ^ CUnty suPeri^dent of schools that can be legally applied to the payment of the same. (Acts 1919, pp. 288, 328.)

., 100

12 924 Interest on money borrowed. Said board of education so
fund for said county. (Acts 1919, pp. 288, 329.) 31 925 Reports to grand juries. At the opening term of the superior

(Acts 1919, pp. 288, 329.)
32 926 Notes for money borrowed. After the resolution aforesaid has been *-* ^d of education^the^nt **

32-927. How money used. *h any ^^^

provisions of this law, the same ^"V^^^JJ coon*.

Lnt of schools and become a P^ ^ ^fe for any money

The county superintendent of schools sna"

^ Ws hands m the same

b^orr^ owetd o undtertthae a^uthoerityxof^thi^ s ta" ^"J^^^J*^TMXr19pP6a4b>hc

school
l69.}

funds coming into his hands. (Acts 1*1*, PP-

31 928 32-928.

EtxxPpeeTMnd"it"urres

in

excess of appropriations; exception of conu hall be uniawful for any board of

tracts for transportation of pupils. It sn.au

f funds in eXcess

education to make any contract mvolvrng the expenditure ot

of the total appropriation for the curren fi * year P-^d o y

of education shall have authority to contract *SZLl*. -tL

ll^rJlTJJZ Sot Leof shall be void. (Acts 1919,

pp. 288, 329; 1947, p. 1H2.)

,0 929 Warrants in anticipation of revenue. For the purpose of

draw his warrant at the end of each and every month a g y faV0r of the State ^""^^^^ slol systems, in the

101
LIBRARIES
OF GEOR&L



aggregate amount the appropriation for the public schools so made for that
year. The honor of the State is pledged to the payment thereof. (Acts 1919 pp. 288,330.)

32-930. Sale of warrants at discount. It shall be lawful to sell at a

discount said warrants to any person, bank, or banking institution, the said

sale to be made at the lowest possible rate of discount. (Acts 1919 no ~>88

330.)

'

32-931. Manual labor schools, organization of. The county board of education 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, pp. 288, 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, pp. 288,330.)

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

102

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, pp. 288, 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, pp. 288, 331.)
32-935. School fund. Fifty percent of all revenues received by the State from all sources of income or taxation shall be used and expended for the support and maintenance of the common schools for the year in which said income or taxes are due and payable. (Acts 1919, pp. 288, 331.)
32-937. Free tuition; admission of veterans of World War II. Admissions to all common schools shall be gratuitous to all children between the ages of six and 19 years residing in the districts in which the schools are located. Honorably discharged veterans of World War II may attend the common schools of this State, regardless of age, under rules and regulations promulgated by the State Board of Education. The State Board of Education is authorized to require the payment of fees for tuition or to provide the facilities free of charge if, in its judgment, it is most conducive to the welfare of the State and the veterans desiring to attend the common schools of this State. 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, pp. 288, 331; 1945, p. 397; 1961, pp. 35, 37; 1961, pp. 201, 202.)
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
103

I
county of his residence, but the system which the pupil attends cannot 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.
32-939. Repealed by Acts 1937, pp. 882, 891.
32-940. Failure to arrange for schools. Whenever a board of education shall fail in any year to make arrangements to put schools in operation, it shall forfeit all rights to participation in the school funds of that year, unless the failure to arrange for such schools was from providential cause, or other good and sufficient reason to be judged of by the State Board of Education. (Acts 1919, pp. 288,332.)
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, pp. 288, 332.)
32-942. School fund to be kept separate; investments. 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 when taxes are paid into the treasury of the State the Comptroller General shall in no case receipt a tax collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amount paid in. It shall be lawful to invest school funds in securities of the state, United States, municipalities of this State, or certificates of deposit. (Acts 1919, pp 288 333; 1969, p. 721.)
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
104

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, pp. 288, 333; 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 boards of education of the several counties may employ and pay county agents and home demonstration agents to carry on said extension work. (Acts 1922, pp. 81, 82; 1923, p. 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 director, 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.)
32-946. Repealed by Acts 1937.
32-947. Repealed by Acts 1937.
32-948. Repealed by Acts 1949.
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, consumer 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.
105

Note: See Op. Atty. Gen. 1954-56, pp. 186,187,188,189,192.
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 schools 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.
106

The above section was enacted to circumvent the decision in Irwin v. Crawford, 210 Ga. 222.
PART VIII
COUNTY SUPERINTENDENT OF SCHOOLS
Note: Code Sections 32-1015 and 1016 were repealed by Acts 1937, pp. 882,892.
32-1001. County superintendent substituted for county school commissioner. The office of county superintendent of schools shall be substituted for the office of county school commissioner. (Acts 1919, pp. 288,349.)
32-1002. Election and term of office. Residents of independent system disqualified to vote. All county superintendents of schools shall be elected by the qualified voters of their respective counties 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 in any primary or election for county superintendent of schools. (Acts 1887, p. 68; 1909, p. 154; 1914, p. 47; 1919, pp. 288, 349; 1931, p. 124, Const., 1945, 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 a vacancy by death, resignation, removal from office, or from any cause whatever, in the office of an elected county superintendent of schools in any county, or upon the death or disqualification 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, if 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 there is more than six months remaining in the unexpired term, the county board of education shall appoint an acting
107

county superintendent of schools to serve for a period of 30 days and 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 10 days after the vacancy occurs, for a special election to fill the vacancy for the unexpired term. Such election shall be held in accordance with the provisions of the Georgia Election Code.
3. In the event of the death or disqualification of a county superintendent of schools-elect preceding the date that he was to have assumed office, it shall be the duty of the ordinary, within 10 days after the death or disqualification occurs, to issue the call for a special election to elect a county superintendent of schools for the term to which the county superintendent of schools-elect was elected. Such election shall be held in accordance with the provisions of the Georgia Election Code. The incumbent county superintendent of schools shall hold over until his successor is elected as herein provided. (Acts 1919, pp. 288,350; 1958, p. 635; 1969, p. 289.)
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, pp. 288,350; 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, pp. 288, 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
108

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, pp. 288, 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, pp. 288, 351.)
32-1008. Removal from office; notice and hearing. The county superintendent of schools may be removed from office before the expiration of his term by a majority vote of the board of education for inefficiency, incapacity, neglect of duty or malfeasance or corruption in office; provided, 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, pp. 288, 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
109

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, pp. 288,153.)
Note American Ins. Co. v. Seminole County Board, 51 Ga. App. 808. 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 lie.
32-1010. Examination and suspension of teachers. The county superintendent of schools shall superintend examinations of all teachers of his county as provided by law. He shall suspend any teacher under his supervision for nonperformance of duty, incompetence, 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, pp 288 352- 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 publis school funds.
32-1011. Seal to be placed upon teachers' license. County superintendents of schools shall place upon all teachers' licenses issued by them the seal of the board of education of the county for which they are superintendents. (Acts 1919, pp. 288, 352.)
110

IHMIttl
32-1012. Office of superintendent in courthouse. The county authorities of the different counties shall furnish the county superintendent of schools thereof an office in the courthouse, provided there is sufficient room in said courthouse after furnishing the county officers with offices as now provided by law. (Acts 1919, pp. 288,352.)
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, the 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 schools and members of the county board of education are authorized to administer oaths necessary in transacting school business or in conducting investigations before the county boards when sitting as judicial tribunals for determining controversies arising under school laws. (Acts 1919, pp. 288, 352.)
32-1014. Reports. It shall be the duty of the county superintendent of schools to make a report of the school operations of the preceding fiscal year to the grand jury at the fall 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, pp. 288, 353; 1939, p. 198; 1943, p. 273.)
32-1015. Repealed, Acts 1937.
32-1016. Repealed, Acts 1937.
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. (Acts 1919, pp. 288, 354.)
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 of Schools, submitting his report and recommendations thereon in writing to the
111
I I I I ! MI

I
county board of education, who shall grant to the applicants licenses of the first, second or third grade, to be determined by the qualifications exhibited and the standard attained; provided, they shall attain at least the lowest grade mark fixed by the State Superintendent of Schools for each grade; and provided further that each applicant submits with his or her examination paper satisfactory evidence in writing of good moral character. A license of the first grade shall continue in force for three years, a license of the second grade for two years, and a license of the third grade for one year, which said 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, pp. 288, 354.)
32-1019. Revocation of teachers' licenses. 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 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, pp. 288,335.)
32-1020. Duties of teachers. 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 or she may be provided with forms on which to make daily reports of attendance through the principal to a central records office where accumulated records are maintained. It shall not be legal to make the final salary payment to any teacher until all required reports have been made. (Acts 1919, pp. 288,356; 1969, pp. 838, 839.)
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, pp. 288, 356; 1931,pp. 7,40.)
32-1022. Teachers' Oath. Every teacher in the public schools of this State whether elementary, high school, college or university, and all other employees of the State or subdivision thereof drawing a weekly, monthly, or yearly salary, shall before entering upon the discharge of their duties take and subscribe a solemn oath to uphold, support, and defend the Constitution and laws of this State and of the United States and to refrain from directly or indirectly subscribing to or teaching any theory of government or economics or social relations which is inconsistent with the fundamental principles of patriotism and high ideals of Americanism. (Acts 1935, pp. 1305,1306.)
112

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 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 :ounty 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, pp. 288,333; 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 1X77. may within 30 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. Laeh person so appointed shall be a freeholder and manifestly interested in education and be a resident of the county where he is appointed, l-'ach poison 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
11.

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 1919, pp. 288, 335; 1946, pp. 206, 209.)
32-1105. Same; duties; transfer of funds by treasurer of former trustees. The duties of the school trustees appointed or elected by the county board of education, as aforesaid, shall be advisory in nature. They shall make 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 observe or follow the same. They shall serve without compensation. The bonded treasurer or each consolidated or local school district now serving as such shall within 30 days from the effective date of this Act turn over to the county board of education all school funds now held by him or deposited in his name or in the name of the local or consolidated school district in any county or state depository, either derived from maintenance tax or from taxes levied to retire bonded indebtedness of the school districts in which he serves, and shall take a receipt therefor from the secretary of the county board of education, and shall also turn over to said board all books, papers, receipts, documents and other property belonging to the school district of which he is treasurer. Upon the failure of said treasurer to do so, the county board of education may, by mandamus, compel him to do so. (Acts 1919, pp. 288,336; 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 2Vi percent 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 2!4 percent. 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 1919, pp. 288,337; 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
114

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, pp. 288,338.)
32-1108. Repealed, Acts 1946.
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, pp. 288,339.)
32-1110. Repealed, Acts 1946.
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, pp. 288, 340; 1946, pp. 206,211.)
32-1112. Repealed, Acts 1946.
32-1113. Transfer to county board of education of records, property and funds of former local tax districts. Within 30 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 their official books, records, receipts, school funds, vouchers, and other school property held by them, together with all tax digest which they were required to keep. (Acts 1946, pp. 206, 211, 212.)
32-1114. Repealed, Acts 1946.
115

32-115. Repealed, Acts 1946.
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, pp. 288, 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, pp. 288, 342.)
32-1118. Other provisions made applicable. County board to recommend school tax to fiscal authorities. 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 rate of levy to be made for taxes for the support and maintenance of education in the county, (exclusive of property located in independent school districts), and likewise notify the State Revenue Commissioner of the rate of the levy to be made on such property in said
116

county for the support and maintenance of education. (Acts 1919, pp. 288, 243; Acts 1946, pp. 206,212.)
32-1119 through 32-1122. Repealed, Acts 1946.
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 30 days from the effective date of this Act, turn over to the county board of education all official books, records and vouchers, together with any other property belonging to the school district which he represents. (Acts 1946, pp. 206,212,213.)
32-1124 through 32-1126. Repealed, Acts 1946.
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.
32-1128 through 32-1135. Repealed, Acts 1946.
PARTX
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 .nunicipality or independent school district authorized by law to establish and maintain a system of schools by local taxation, in whole or in part, and 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
117

the place and in the manner of usual elections. Those favoring the repeal of the independent local law shall have written or printed on their ballots "For Repeal," and those against repealing their independent local law shall have written or printed on their ballots "Against Repeal." The returns of said election shall be made to the mayor or chief executive officer, who shall declare the result, and a majority of those voting shall be necessary to carry the election. Only qualified voters residing within the municipality or district for six months prior to the election shall vote. An election shall not be held for the same purpose oftener than every 12 months. (Acts 1926, Extra. Sess., p. 40.)
Note: Miller v. City of Cornelia, 188 Ga. 674. After municipality in accordance with above section, has tranferred public school to county board 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
118

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, pp. 167,168; 1943, pp. 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 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, pp. 167,168; 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.
119

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.)
Amendment to Section 32-1304. Sick leave. During any school year, a teacher may utilize up to a maximum of three days of any accumulated sick leave for the purpose of absenting himself from his duties for personal or professional reasons, if prior approval of his absence is given by the superintendent or his authorized representative. (1970).
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 1'2 months 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.)
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
120

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 30 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, 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 name 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 30 days of such delivery, provide for the auditing of the bond account.
It shall be the duty of the county board of education to make a full report to the Grand Jury of the county of any discrepancies revealed by said audit in the bond account and to enlist the aid of the county attorney in collecting from the bond of said treasurer or secretary and treasurer any funds of said bond account which may have been misapplied, misappropriated or otherwise improperly dealt with by said officials, and to collect the same and pay said monies over to the county board of education. If the audit of the bond account reveals the same has been properly administered, then there shall be no duty on the part of the county board of
121

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 schoolhouses 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, Paragraph 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
122

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 physical 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 to permit and to require the same procedure to be followed in the voting, issuance, levying of taxes for, and the retirement of bonds issued by the county boards of education for local subdivisions herein established, for building and equipping, enlarging and repairing schoolhouses, to include building and equipping, enlarging and repairing lunch room, vocational and physical education buildings and facilities, or purchasing sites therefor, as is required in the case of municipalities and other county bonds; provided, however, that where the county board of education divides the county into subdivisions and seeks to issue bonds for any one of the local subdivisions, persons residing outside of the local 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 where countywide bond issued 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.)
123

32-1404. High schools; joint building and maintenance. Counties and municipalities located therein (having independent school systems supported in whole or in part by local taxation) may contract with each other for the joint building and maintenance of high school buildings to be located within such municipalities for the joint use of the children living in such municipalities and those living in the county outside of the limit of such municipalities. (Acts 1923, pp. 98, 99.)
32-1405. Contract for joint building of high school; approval and confirmation. The contract provided for in the preceding section shall be entered into, in the first instance, by the city board of education and county board of education, or by other authorities by whatever name called, having charge of the educational affiars 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, pp. 98,99.)
32-1406. Bonds for joint building and maintenance of high school. When the contract has been made and approved as provided in the two preceding sections, then the authorities of the county and municipality having charge of their fiscal affairs may issue bonds for their proportion of the cost of such buildings, as agreed on, in the manner provided by law for the issuance of bonds by a county or municipality; and the call for election shall provide that if the other contracting party shall fail to carry an election for bonds for the same purpose, the election for bonds provided for in the call, even if carried, shall not be effective and that all previous acts in connection with the issuance of said bonds shall, in such event, be void and of no effect. (Acts 1923, pp. 98,99.)
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, pp. 98, 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 be the exclusive means for the building of high school buildings, but the provisions of said section shall be construed to be permissive and cumulative to any other means now or hereafter provided by law. (Acts 1923, pp. 98, 100.)
32-1409. Refusing, retiring, or refinancing schoolhouse bonds of school district. Where any school district or consolidated school district or any
124

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 hereinfafter provided. (Acts 1937, pp. 869, 870.)
32-1410. Same; advisability of refunding, etc., to be determined by voters. The advisability or necessity of refunding, retiring, or refinancing such bonds shall be determined by the qualified voters of the school district concerned in an election to be held in such district in the manner hereinafter provided. (Acts 1937, pp. 869, 870.)
32-1411. Same, election to be called; notice by publication. Should the board of trustees of any school district or consolidated school district, or board of education (or corresponding body) in any independent school district, in which a local tax is now or may hereafter be levied for school purposes, deem it necessary or advisable to refund, retire, or refinance any outstanding schoolhouse bonded indebtedness of said district, they shall, by written resolution, call an election to be held in said district by giving notice by publication thereof once a week for four weeks previous to said election in the newspaper in which the legal advertisements for the county are published, notifying the qualified voters that on the day named an election will be held to determine the question whether bonds shall be issued by the district for refunding, retiring, or refinancing outstanding schoolhouse bonds of such district. (Acts 1937, pp. 869, 870.)
32-1412. Same; contents of notice. They shall specify in said notice what amount of bonds are to be issued, for what purpose, what interest they are to bear, how much principal and interest is to be paid annually and when they are to be fully paid off. They shall also specify in said notice the amount of bonds and interest, if any, date of issue, rate of interest, and dates due of the outstanding schoolhouse bonds which are sought to be retired, refunded or refinanced. (Acts 1937, pp. 869, 870.)
32-1413. Same; voters' list, how made up. None but the qualified voters of the district concerned shall be permitted to vote in said election. The tax collector or tax commissioner shall furnish a list of certified registered voters in such school district or consolidated school district (and in independent school district such list shall be furnished by the proper official of such district), to the managers of the election 10 days before such election is held and after the same has been purged by the board of registrars or proper city officials, as the case may be, as now provided by law in cases of special elections. (Acts 1937, pp. 869, 871.)
125

32-1414. Same; election managers. Said board of trustees or board of education or corresponding body, as the case may be, or a majority of them, shall be the election managers, and if for any reason they fail to act, any three freeholders of the school district or consolidated school district or independent school district may qualify and act. (Acts 1937, pp. 869, 871.)
32-1415. Same; ballots, form of. The ballots shall have written or printed thereon "for refunding outstanding schoolhouse bonds" or "against refunding outstanding schoolhouse bonds." (Acts 1937, pp. 869, 871.)
32-1416. Same; polls, opening and closing; disposition of ballots, etc., declaring results. The polls shall remain open during the hours 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 the duty of such board or body to call an election in the same manner as above provided. (Acts 1937, pp. 869, 871.)
32-1418. Refunding, retiring, or refinancing schoolhouses bonds by counties. All counties in which a local tax is now or may hereafter be levied for school purposes, throughout the entire county, or throughout the entire county except that part embraced within the incorporated limits of a municipality or municipalities, are hereby empowered to refund, refinance, or retire outstanding schoolhouse bonds of such territory in the same manner and under the same rules and regulations as 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
126

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 when due of the outstanding school bonds which are sought to be refunded, retired or refinanced and call such election in terms of law now provided or which may hereafter be provided for the county issue of bonds except as herein otherwise provided. (Acts 1937, pp. 869, 872.)
32-1420. Same; notice of election. Said board of education shall order such election to be held at the various polling places throughout the county or throughout the territory to be affected, of which they shall give notice by publication thereof once a week for four weeks previous to said election in the newspaper in which the legal advertisements of said county are published. (Acts 1937, pp. 869, 872.)
32-1421. Same; voters' list, how made up. None but registered qualified voters residing within the territory to be affected shall be permitted to vote in said election. The tax collector shall furnish a certified list of registered voters in such county or in the territory to be affected, to the managers of the election 10 days previous to said election and after the same has been purged by the board of registrars, as now provided by law in cases of special 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 available to the ordinary, who shall on the day following said election consolidate the vote and declare the result. (Acts 1937, pp. 869, 873.)
32-1425. Same; when refunding bonds to be issued; sale of bonds. In the event that two-thirds of the votes cast at such election shall be in favor of
127
>,

refunding "outstanding schoolhouse bonds" and such two-thirds is also a majority of all the voters qualified to vote in said election, then the refunding schoolhouse bonds shall, after validation, as herein provided, be issued, sold or exchanged under all of the regulations now provided for the sale of school district bonds, under section 32-1403 of the Code of 1933, or herein provided for the sale 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 bonds fail or refuse to sell, exchange or surrender the same, for cancellation, shall be the same as provided in section 32-1409 et. seq. for other school districts. (Acts 1937, pp. 869, 874.)
32-1429. Declaration of result of election; issuance of refunding bonds. At any election called and held as herein provided, should as many as two-thirds of the qualified voters voting in such election (provided such two-thirds so voting shall be a majority of the registered voters), cast their ballots in favor of the issue "For refunding outstanding schoolhouse bonds," the officials as named above shall so declare the result; and such officials shall have the power and authority, after validation as hereinafter provided, to issue such refunding schoolhouse bonds for sale or exchange for the purpose of retiring the outstanding schoolhouse bonds in the district under all of the regulations now provided by law for school district bonds. (Acts 1937, pp. 869, 874.)
128

32-1430. Tax levy to provide sinking fund to refunding bonds. When an election held in the manner above provides 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 to be in addition to the general tax for the maintenance of the schools of said district. (Acts 1937, pp. 869, 874.)
32-1431. Refunding bonds to be validated. Before the schoolhouse refunding bonds herein provided shall be issued, they shall first be validated in accordance with the provisions of Chapter 87-3.(Acts 1937, pp. 869, 875.)
32-1432. Sale or exchange of refunding bonds of local school district. Any such refunding bonds of a local school district, or consolidated school district, shall, after validation, be turned over to the county board of education to be sold or exchanged as herein provided, and the county board of education is hereby authorized and empowered to sell or exchange such bonds under all of the regulations now provided by law for the sale of school district bonds, or herein provided therefor. When such bonds are sold by the county board of education, the proceeds derived therefrom shall be held in trust by the county board of education only for the purposes herein provided. When such bonds are exchanged by the county board of education, which is hereby authorized and empowered so to do, such exchange shall be consummated in accordance with the provisions herein provided. (Acts 1937, pp. 869,875.)
32-1433. Sale or exchange of bonds of independent districts. In independent school districts over which the county board of education has no jurisdiction, such refunding bonds after they have been issued and validated, shall be turned over to the officials who under the law are now authorized to handle in any manner bonds issued by such independent school district, and such officials are hereby authorized and empowered to sell or exchange, in like manner as the county board of education, such refunding bonds for the purposes and in accordance with the provisions of section 32-1409 et. seq. (Acts 1937, pp. 869,875.)
32-1434. Exchange of bonds; terms. Bonds issued under section 32-1409 et seq., may be exchanged for not less than an equal principal amount and accrued interest, if any, of indebtedness to be retired thereby, including indebtedness not yet due if the same be then redeemable or if the holder thereof be willing to surrender the same for retirement, but otherwise
129

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 schoolhouse bonds are sold a sufficient ammount 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 bonds. The proceeds derived from the sale of any refunding schoolhouse bonds issued under the authority of section 32-1409 et. seq., shall be applied exclusively to the purposes hereinabove provided. Nor shall any of said refunding bonds be exchanged, except for outstanding bonds for which they were issued to retire; provided, that in no event shall the refunding schoolhouse bonds so issued exceed in amount the previously existing total schoolhouse bond debt of the district issuing such bonds with interest thereon. (Acts 1937, pp. 869,876.)
32-1437. Duties and authority of officers. 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 witli respect to 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.)
130

32-1439. Independent school districts, when sections apply. The provisions of section 32-1409 et. seq., for issuances of refunding schoolhouse bonds in the case of independent school districts shall apply only where the Act creating such school district, or as amended, authorizes the same. (Acts 1937, pp. 869, 877.)
32-1440. Obligations of outstanding bonds 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.)
PART XIII
STATE SCHOOL BUILDING AUTHORITY
32-1401a. Short title. This chapter may be cited as the "Georgia Education Authority (Schools) Act." (Acts 1951, pp. 241, 243; 1967, pp. 871.872.)
Editorial Note. Acts 1967, pp. 871, 872, changed the name of this chapter from "State School Building Authority" to "Georgia Education Authority (Schools)."
32-1402a. Creation; members; officers; quorum; rules and regulations. There is hereby created a body corporate and politic to be known as the Georgia Education Authority (Schools), 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
131

V
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.
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 Georgia Education Authority (University). 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 Georgia Education Authority (University). The Authority shall make rules and regulations" for its own government. It shall have perpetual existence. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this chapter or impair the obligations of any contracts existing under this chapter. (Acts 1951, pp. 241, 243; 1959, pp. 28, 29; 1959, pp. 363, 364" 1967, pp. 871, 872.)
Cross-reference. Georgia Education Authority (University), see Chapter 32-1A
Editorial Note. Acts 1967, pp. 871, 872, entirely superseded the former section.
Cited. 224/78, 81 (3) (159 S. E. 2d 397).
32-1403a. Definitions. As used in this chapter, the following words and terms shall have the following meanings.
(a) The word "Authority" or "authority" shall mean the Georgia Education Authority (Schools), the same being formerly known as the State School Building Authority. All references in this chapter to "State School Building Authority," "Authority," or "authority" shall be construed to mean the Georgia Education Authority (Schools) and such change in the name of the Authority shall in no way affect the identity of the Authority or the rights, powers, privileges or liabilities of the Authority or any person under the provisions of this chapter.
(b) The word "project" shall be deemed to mean and include one or a combination of two or more of the following: buildings and facilities
132

H
intended for use as school buildings, classrooms, laboratories, libraries and instructional, administrative and recreational facilities for students, faculty, officers and employees of any institution or unit under the control of a county board of education, city board of education or governing bodies of independent districts or systems, and all structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any unit which is a part of any such institution, including the improving, altering or repairing of the same.
(c) The word "unit" shall mean any institution, school, or academy at any particular location which forms a part of the public school system of this State operated by a county board of education, city board of education or governing bodies of independent districts or systems.
(d) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and, for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provision of this chapter 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 d e e m e d "self-liquidating" if, in the judgment of the Authority, the revenues, rents or earnings to be derived by the Authority therefrom will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects or combination of projects, (Acts 1951, pp. 241,244; 1964, p. 112; 1967, pp. 871,873.)
32-1404a. Powers. The Authority shall have powers
(1) To have a seal and alter the same at pleasure;
133

(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 tins 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 exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem tne 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 the 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 an 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
134

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 casues 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 independent districts or systems for and on behalf of the units and institutions within their respective counties, cities or districts, and to the Authority to enter into contracts and lease agreements for the use of any structure, building or facilities of the Authority for a term not exceeding 50 years, and the board of education or equivalent governing body for and on behalf of the respective political subdivision may obligate itself and its successors to use only such structure, building or facility and none other and so long as said property is used by such political subdivision to pay an amount to be determined from year to year for the use of such property so leased, and also to obligate itself and its successors as a part of the lease contract, to pay the cost of maintaining, repairing and operating the property so leased from the Authority; 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
135

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. (Acts 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 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 percent.
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.)
136

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. Whenever the Authority shall determine to issue its bonds, it shall call upon the Georgia Building Authority to render advice and to perform, as its agent, ministerial services in connection with the marketing of such bonds. (Acts 1951, pp. 241, 250; 1960, pp. 775, 776; 1967, pp. 871, 874.)
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 provide. If the proceeds of such bonds, by error of calculation or otherwise shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus
137

shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. (Acts 1951, pp. 241, 250.)
32-141 la. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definite bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds with or without coupons exchangeable for definite bonds upon the issuance of the latter. (Acts 1951, pp. 241, 251.)
32-1412a. 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
138

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.
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 arc 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
139

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 covenant 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 pn 241 2521964, 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 the State. Such trust indenture may pledge or assign rents revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies ot 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 monies 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 tins 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.)
140

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 revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such covenants and regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such
sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus monies 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
141

recover 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

aenqyuitayndbayll

suit action,
hts de

m^anldaawmsuQs{,

^ or o^ ther pQrof ceedings,^protect

and

enforrcoee

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 o

the Authority upon the principal and interest obligat.ons of any revenue

bond issue, shall be surrogated to each and every right, specificallyVcludm

the contract rights of collecting rental, which the Authority may possess

again* the State Board of Education, its successors or other contracUngo

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 pledge or partially pledged

directly or indirectly to the benefit of the revenue bond issue of which said

s ::r:rL tt ; ^ *$z m nture trustee hereof shai1 have the mdnodual, receiver, or trustee is representative. No holder of any such bond
e t exercise of the taxing power of the State to pay any such bond or the

urterest thereon, or to enforce the payment thereof against any property

of the S ate nor shall any such bond constitute a charge, lien 01incum-

brance, legal or equitable, upon the property of the State- provide"

shtoawndem vegr),

any
any

spurcohvibsoionndhodfdtehrisoor rreacndyveorth^er .nAdcetnttuorethterusctoenetrsahYynnoottwwithh-

L5y taPPr0pdfte lef r ec*uitable Proceedings (including, without being limited to mandamus) to enforce compliance by the appropriate public

^2 Lreb'v

5900}f

fT.! rC"nStfltuAtfitoiCnleofVtIh1'e

SSetCatti*nfVGI'eoPragriaa^ , andh

p<eW rm(isCsionrits.

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.)

to n ^H14!,93" ST; refUnding bndS- The Authority is hereby authorized

1th I % y u

ti0n fr the iSSUC f revenue refundi"8 bonds of the

tovv Y Z LPUrPSe f refUnding any revenue bonds issu^ under the

thereon Th

^^ ^ 0UtStandi"S' together with accrued interest

other detln! tTT I UChu rCVenUe r6fUnding b0nds'the maturities ^d all

A mho
visions

of

IT* ' " ^ -going pro- '

t0hCtHneghStSamef

the
Sha

hblCdergS0Vth6renreedof

andthteh*foduties

of

the

pel 256.) Pt6r' inSfar 3S tHe S3me may be appHcable- <Acts 1951>

hnn, 32-U20a- Same: bonds as legal investment; security for deposit. The bonds herem authorized are hereby made securities in which all public
142

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 mayhereafter be authorized. (Acts 1951, pp. 241, 257.)
32-142la. 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 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
143

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 Superior Court so confirming and validating the issuance of the bonds shall be forever conclusive upon the validity 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 impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this chapter shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. (Acts 1951, pp. 241, 258.)
32-1425a. Acceptance of funds and contributions from any source. The Authority, in addition to the monies which may be received from the sale of revenue bonds and from the collection of revenue, 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. Monies received considered trust funds. All monies 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 tor the use of each project or
144

part thereof or combination of projects and to charge and collect the same and to lease and make contracts with the various counties with respect to the use by any institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer, and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. (Acts 1951, pp. 241, 259.)
32-1428a. Authorization to make transfers, sales, leases, etc. to Authority. In addition to the authority herein granted or otherwise provided by law, the expressed authority and power is given to the State Board of Education, county boards of education, city boards of education, or governing bodies of independent or quasi-independent districts or 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 doing 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.)
32-143la. Liberal construction of chapter. This chapter being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. (Acts 1951, pp. 241, 260.)
145

32-1432a. Transfer of functions of Vocational Trade School Building Authority to State School Building Authority. There are hereby transferred to and conferred noon the State School Building Authority, in addition to all of the rights, powers and functions heretofore conferred upon said Authority, all of the rights, pov ers and functions of the Vocational Trade School Building Authority as set forth in sections 1 through 32 of the Vocational Trade School Buildup 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 Building Authority for the Deaf and Blind as set forth in sections 1 through 19 of the State School Building Authority for 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, pp. 288, 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, pp. 288, 317.)
146

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.)
(Acts 1919, pp. 288, 356; 1937-38, Ex. Sess., p. 1407; 1941, p. 349.)
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 school census; cost of census. It shall be the duty of the State Board of Education to take or have taken a quadrennial census of school age children. The cost of taking and keeping the census shall be a legitimate item in the budget and shall be paid out of state funds. The State Board of Education shall have authority to adopt such rules and regulations as it deems necessary to maintain the school census between enumerations on a current basis. (Acts 1945, p. 210; 1945, pp. 441, 442; 1969, pp. 838, 839.)
Cross-reference: Penalty for violating school census laws, Section 32-99 15.
32-1602. Repealed by Georgia laws, 1945, pp. 441, 442.
147

32-1603. New enumeration, when. The State Board of Education is hereby empowered to order at once a new enumeration when it is 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, pp. 288, 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
Note: This entire chapter, formerly based upon Acts 1919, pp 288 499' 6e53S)q" ^ entirdy r6Pealed ^ ^ Ga- Health Cde' ActS 1%4' PP-
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 occupy periods totaling not less than 30 minutes each school day which shall be devoted to instruction in health and safety, to physical exercises and to recess play under proper supervision.
A manual setting out the details of said course of study shall be prepared by the State Superintendent of Schools in cooperation with the State Board of Health and State Board of Education, and such expert advisers as they may choose. Said manual when published shall be sent by said State pBpO.aT2t32,f^23d3".)Cation t0 the teachers of the common schools. (Acts 1920,
Edrtonal 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
148

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, pp. 232,233.)
32-1903. Special teachers. County boards of education and boards oi education of cities and of graded common school districts may employ supervisors and special teachers of physical education in the same manner as other teachers are employed, provided they possess such qualifications as the State Board of Education may prescribe. Boards of education of two or more school districts, city graded school, or county, may jointly employ a supervisor or special teacher of physical education. Boards of education may allow the use of school 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, pp. 232, 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 excape from fire or stampedes from other causes, as prescribed in section 32-2003 and 32-2004. (Acts 1923, pp. 88,89.)
32-2002. Inspection and report by county superintendent or by president of board of education. No county board of education shall pay out any funds for maintenance of the public schools in their respective counties until said board shall have required and caused the county superintendent of schools to make an inspection of the school buildings of said county and file his report of said inspections with the county board of education that the requirements of this law as to fire escapes and safety as prescribed in 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, pp. 88, 89.)
149

K ,., *? Mmimum ^^y requirements: escapes on both sides of budding. 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 buJdmg; 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 opposite side of the building, or a safe ladder securely fastened to the building and extending from one or more windows on the side of the building opposite the stairway and reaching to within six feet of the ground. (Acts 1923, pp. 88, 89.)
. f 32^04' DefCCtS " heating installation- No P"bhc monies shall be paid out for the operation of a public school in a house where the stove p.pe runs trough 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.)
mnrp J.2'2005- F7e esTCaPes for educational buildings and dormitories of 7ZurT "e Z 'I ShaU b& ^ dUty f the boards of ^tees, boards wrth a i ho?1 SUf ther, bardS' CommTM r Persons as may be vested Ther e T a*!d.COntrol ^ *" Peratin f Publlc "hook, 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 sto y in
ZXS^ZJSF*and to -h to---"* - - sa^iidd ffirrel eescapes8 t,o r be a0t?le5asfttrhrtheee hfeeUt SiinngwifdtSht,udtoenbte* sefc-ucrehlyinfasstitteunteiodntso,

the Jri2006'f FUHdr ^ "^ CSt f fire escaPes to be Paid. The cost of scchhooooT aal uthnoon ti"es bv^Z y theTS* tateShBao"arbdC Po3fidEdUuct atfiotnhefofur"tdhsealolopcearatetidonto atnhde

Mfailuurree ooffnCtthhee of ffic!ials"oT f a"nys'u^ ch scehdoUoCl aotironinalst'intSuttlitoUntl0t"oS'eraencdt sPaid" ftihree

Zl ro PThde,d; ,* Sha" be the dUty f the State Superintendent of

thte

pnroovvivsions

0ff

mm
sect.on

S3U2C-h20S0C5h0s1hallr

ltlStitUtl0n
have been

a11 funds
complied

dw-ith. (uAncttisl

PART XX COMPULSORY SCHOOL ATTENDANCE
1945,Z^lt'10TM 32"2'01' 2102' 3nd 213 W6re repeal6d by ActS 0f

150

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 16th birthdays shall enroll and send such child or children to a public school under such penalty for noncompliance herewith as is hereinafter provided, unless his failure to enroll and attend is caused by his parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible. (Acts 1945, p. 343; 1969, pp. 682, 683.)
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 incapacitated to perform school duties; (b) children excused from attendance in school by county and/or independent school system boards of education in accordance with the general policies and regulations promulgated by the State Board of Education. The State Board of Education in promulgating its general policies and regulations shall take into consideration sickness, seasonable labor and other emergencies which may arise in any school community. (Acts 1945, pp. 343, 344.)
32-2107. Administration and enforcement. It shall be the duty of each county and independent school system board of education within the State to administer this Chapter and to secure its enforcement in cooperation with the other State and county agencies mentioned herein. (Acts 1945, pp. 343, 344.)
32-2108. Visiting teachers and attendance officers. To faciliate such enforcement, each county and independent school system board of education shall have authority to employ at least one competent and qualified fulltime 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
151

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 *he 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 194445 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.)
32-2110. Same; employment of officer in lieu of teacher. County or independent school system boards of education may employ attendance officers in lieu of visiting teachers. Such attendance officers must be paid wholly from school funds of the county or independent school system boards of education. Such attendance officers shall not be required to qualify under rules and regulations promulgated by the State Board of Education for the certification of visiting teachers. (Acts 1945, pp. 343, 345.)
32-2111. Same; duties. In the discharge of the duties of their office visiting teachers, acting visiting teachers, or attendance officers, shall (1)
152

cooperate fully with State Departments of Public Welfare, Labor, and Health, and other State agencies; (2) make monthly and annual reports on attendance and other problems of child school adjustment in their territory to the county or independent school system superintendent respectively; and (3) comply with the rules and regulations of the county and independent school system boards of education and the State Board of Education. (Acts 1945, pp. 343, 346.)
32-2112. Same; removal. Any visiting teacher or attendance officer appointed under the provisions of this Chapter, who fails to perform the duties of this office shall, upon the recommendation of the county or independent school system superintendent, be removed from office by the county or independent school system board of education. (Acts 1945, pp. 343, 346.)
32-2113. Same; eligibility for retirement. Visiting teachers employed under the provisions of this Chapter shall have the same status with respect to teacher retirement as is set up under the teachers' retirement system of this State for regular classroom teachers or supervisors whose employment requires that they hold valid certificates issued by authority of the State or county boards of education. Attendance officers employed in lieu of visiting teachers shall not be eligible to participate in the teachers' retirement system of the State. (Acts 1945, pp. 343, 346.)
32-2114. Same; cooperation by teachers and principals; reports and records of attendance. Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public and private schools in the county or independent school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all schools-public, private, denominational or parochial-to report, in writing, to the visiting teacher or attendance officer of the county, or of the independent school system, the names, ages, and residences of all pupils in attendance at their school and classes within 30 days after the beginning of the school term or terms, and to make such other reports of 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; 1969, pp. 838, 840.)
32-2115. Method of dealing with delinquent child absenting self from school. Visiting teachers and attendance officers, after written notice to parent or guardian of a child, shall report to the juvenile, superior, city or other court having jurisdiction, any child as a delinquent who absents himself from
153

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 heieby 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. Chapter not applicable in districts or systems where operation by officers of State discontinued. The provisions of this Act shall not apply in any public school district or system in this State, whether county or independent, wherein the operation of the public schools by public officers of this State is discontinued. Public school district or system as used in this Act shall include all public school systems in this State, including those maintained and operated by counties, cities, towns, and municipalities, including independent local systems and all public school systems, whether created before or after the Constitution of 1877. (Acts 1958, pp. 231, 232.)
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.)
154

PART XXI
SPECIAL COURSES, CLASSES OR SCHOOLS FOR CORRECTING SPEECH OF DEAF CHILDREN
32-2101a Authority of local units to establish and maintain special courses, classes, or schools. The local units of administration, as defined in Acts 1937 pp. 882-892, meeting the approval and requirements of the State Board of Education, whether acting under the general law, or special charter provisions, or otherwise, are hereby empowered and authorized to provide for establish and maintain special courses and classes in and/or schools tor speech correction and rehabilitation of those children, who are deaf, or who have defective hearing, or speech, by oral methods, in cooperation with the State Board of Education, or independently, where no State aid or State funds are furnished under this Chapter, and to do and perform any and all acts, necessary, or proper, to carry out the terms, intent and purpose of this Chapter. (Acts 1945, pp. 312, 313.)
32-2102a. Authority of State Board of Education to establish special courses, classes or schools. The State Board of Education for and in behalf of the State of Georgia, is hereby empowered and authorized to provide for, establish and maintain special courses and classes in and/or schools for the correction of speech by oral methods of those who are deaf, or who, have defective hearing, or speech, in cooperation with, or independently ot, 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 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
155

accordance with salary schedules prescribed, or to be prescribed, by the State Board of Education, for teachers in sucn schools as are defined by Acts 1937, pp. 882-892, provided no teacher, herein provided for, jhall receive less Than the minimum saiary 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 and receiving State funds, or State aid, for the purposes of this Chapter, shall be paid monthly, semiannually, or annually, as the State Board of Education may determine, to the proper school official of the local unit of administration, after the costs and expenses have been approved by the said State Board of Education upon such terms and in such manner as the said Board may prescribe. (Acts 1945, pp. 312, 313.)
32-2104a. Authority of local units to extend term, supplement funds, and employ additional teachers. The boards of education of any local unit of administration, receiving State funds under the terms of this Chapter, may operate for a longer period than seven months during any school year, and may, in its discretion, supplement the expenses and the State schedule of salaries, and may employ additional teachers not provided for by State funds (Acts 1945, pp. 312, 314.)
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 IT et seq.; c. 114
156

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, pp. 288, 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 teacner 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 onehalf of the Federal appropriation from any funds not otherwise appropriated in the State treasury. So far as possible said Board shall encourage municipal and county educational boards to meef the conditions and secure advantages of this Federal appropriation. (Acts 1917, p. 200; 1919, pp. 288, 362; 1931, pp. 7, 40.)
32-2203. Custodian of funds. The State Treasurer is hereby made the custodian of any and all monies 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, pp. 288, 363; 1931, pp. 7,40.)
32-2204. Repealed by Acts 1953.
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, pp. 81, 82.)
32-2206. Purpose of section 32-2206 to 32-2217. It shall be the purpose of this law (Section 32-2206 to 32-2217) to more nearly equalize the edu-
157

cational 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 purpose of this law (Sections 32-2206 to 32-2217) the several counties of the State and the various public independent school systems established by law shall be the local units of administration and shall be referred to herein as local school units (Acts 1943, pp. 672, 673.)
32-2208. Apportionment and distribution of funds. All funds, whether State or Federal or other funds, which may be made available to the State Board of Education for carrying out the purposes of vocational education as provided by this law, shall be apportioned and distributed by the State Board of Education to the various local school units as additional aid for use in helping such local school units in 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.)
32-2209. Repealed by Acts 1947.
32-2210. Provisions not mandatory. Nothing in this law shall give the State Board of Education authority to make it mandatory for local school units to establish and maintain vocational training programs or to participate in the use of funds that may be made available for carrying out the provisions of said law. (Acts 1943, pp. 672, 674.)
32-2211. Repealed by Acts 1953.
32-2212. Repealed by Acts 1947.
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 that local school unit. (Acts 1943, pp. 672, 675.)
32-2214. Apportionment of equipment, material, etc., to local units. In the discretion of the State Board of Education, any equipment, material, machinery, or other property, now owned and possessed, or which may hereafter be acquired by purchase or gift by said State Board of Education, such
158

as are now used in connection with teaching vocational education, may be apportioned and distributed by said State Board of Education to local units, herein defined, who desire to avail themselves of the benefits of this law, same to be so allotted, apportioned, and distributed under such rules and regulations as will more nearly equalize the vocational education opportunities of all in every section of the State. (Acts 1943, pp. 672, 675.)
32-2215. State Advisory Committee. There shall be established by the State Board of Education a State Advisory Committee, composed of equal representation of labor and management, to advise the State Board of Education and its authorized representatives regarding policies and regulations governing the vocational education program which may be developed to carry out the provisions of this law. (Acts 1943, pp. 672,675.)
32-2216. Effect of sections 32-2206 to 32-2217 on laws relating to distribution of common school funds. Nothing in this law (Sections 32-2206 to 32-2217) shall affect the distribution of funds appropriated to the common schools under section 9, Acts 1937, pp. 882, 886, nor section 32-948, relating to creating an equalization 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.)
159

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 unconditionally, or under conditions related to the teaching of vocational industrial or trade courses, and to accept, receive use, distribute and administer any and all appropriations that may be made by the Federal Congress to assist the State in the maintenance and operation of State area trade, industrial or vocational schools, and to administer all funds allocated or appropriated by the State of Georgia for setting up, maintaining and operating such State area schools, and to manage, administer and use for such purpose, all funds that may be given or donated by individuals or other public or private agencies. Said Board is further authorized and empowered to allocate and distribute to the different State area schools established by virtue of authority of this law (Sections 32-2218 to 32-2223) in such proportion as may, in their discretion, be most advantageous to the State as a whole, any and all machinery and equipment owned or held by said Board or which may be hereafter obtained or acquired (Acts 1945, pp. 229, 231.)
32-2221. Same; prescribing rules and regulations for operation. Said State Board of Education is hereby empowered and authorized to adopt, promulgate and establish rules and regulations for the operation of such schools, provide for the entrance and enrollment of students for courses therein, to fix and prescribe courses of study to be taught therein, to prescribe the ages, requirements and conditions under which students may be received for instructions in such schools to prescribe and arrange for classes and courses in the different vocations and trades, and to prescribe and set up courses for citizens of the State who may receive injuries in industry, or otherwise, and to provide for and set up classes to rehabilitate and prepare 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 directorstransportation 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 )
160

32-2223. Same; law supplementary to laws relating to common schools. Nothing in this law (Sections 32-2219 to 32-2223) shall be construed as repealing, changing or modifying any of the laws now in force relative to vocational training in the common schools of the State, nor as repealing, changing or modifying the laws relative thereto or the method of distribution of funds to common schools for teaching vocational subjects, but said laws shall be construed as giving and granting additional and supplemental powers relative to the teaching of vocational subjects and courses. (Acts 1945, pp. 229, 232.)
PART XXIII
VOCATIONAL 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 inpairment 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;
161

(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;
(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 amount (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.
(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 prevocational 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
162

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; Director; 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 rehabilitation program. In carrying out his duties under this Chapter, the Director,
(a) Shall, with the approval of the executive officer, prepare regulations for promulgation by the State Board governing personnel standards, the protection of records and confidential information, the manner and form of filing application, eligibility, and investigation and determination thereof, for vocational rehabilitation services, procedures for fair hearings and such other regulations as he finds necessary to carry out the purposes of this Chapter;
(b) Shall with the approval of the executive officer establish appropriate subordinate administrative units within the Division;
(c) Shall, recommend to the executive officer for appointment 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;
(0 May, with the approval of the executive officer and the State Board, delegate to any officer or employee of the division such of his powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he finds necessary to carry out the purposes of this Chapter.
163

(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 eligible therefor, and in carrying out the purposes of this Chapter, the division is authorized, among other things;
(a) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this Chapter to impaired individuals, in studying the problems involved therein and in establishing, developing and providing, in conformity with the purposes of this Chapter, such programs, facilities, and services as may be necessary or desirable;
(b) To enter into reciprocal agreements with other States to provide for the services authorized by this Chapter to residents of the State concerned;
(c) To conduct research and compile statistics relating to the provision of services or the need of services by impaired individuals;
(d) To license blind individuals to operate vending stands under its supervision and control and subject to the terms and conditions in regulations issued pursuant to Section 32-2302a on: (1) State property; (2) county or municipal property; (3) Federal property, pursuant to delegation of authority under the Randolph Sheppard Act (20 U.S. Code 107b) (49 Stat. 1559) and any amendment thereto or any Act of Congress relating to this subject; (4) private property.
(e) To provide for the establishment, supervision and control of suitable business enterprises to be operated by the severely impaired individual. (Acts 1951, pp. 516, 520.)
32-2304. Authority to establish rehabilitation centers. The Vocational Rehabilitation Division is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources and/or by appropriations of the General Assembly or by transfer of funds from other
164
M^^M

State Departments for the purpose of establishing and operating rehabilitation centers and workshops. (Acts 1951, pp. 516, 521.)
32-2305. Cooperation with Federal Government. The State Board, through the Division of VocatioaaJ 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 1951, pp. 516, 521.)
32-2306. Receipt and disbursement of vocational rehabilitation funds. The State Treasuier is hereby designated as custodian of all monies 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 education services, and for the administration of said program, shall be submitted by the Director to the executive officer of the State Board, and upon approval by the State Board, shall be included in the estimates made by the executive officer of the State Board to the Budget Board for the operation of the vocational rehabilitation program. In the event Federal funds are available to the State of Georgia for vocational 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 executive officer shall include as a part of his budget a request for adequate State funds for vocational rehabilitation purposes. (Acts 1951, pp. 516, 522.)
32-2308. Acceptance of gifts. The Director is hereby authorized and empowered, with the approval of the executive officer and the State Board
165

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 except 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 unpaired 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 equip-
166

ment 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.)
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 person or persons to solicit, disclose, receive, or make use of, or authorize, knowlingly 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 renumerative 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
167

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 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; "State property" and "vending stand" defined. As used in this law (Sections 32-2316 through 32-2318), the following terms shall have the following meanings:
(a) The term "State property" means any building, land, or other real property owned, leased or occupied by any department, commission, board, bureau, agency, public corporation or other instrumentality of the State of Georgia, including, but not limited to, the Georgia Building Authority, and any other real property in which the State of Georgia has a legal or beneficial interest: Provided, however, the term "State property" shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System, the State Building Authority (University), and any county or independent school system of this State.
168

(b) The term "vending stand" means vending facilities, vending machines, snack bars, cart service, shelters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind or otherwise seriously disabled persons, as prescribed by rules and regulations adopted by the Division of Vocational Rehabilitation of the State Department of Education. (Acts 1956, pp. 52, 54; 1969, p. 944.)
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 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, pp. 343, 345.)
169

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 address 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 by an action against the person firm or corporation liable for such damages. (Acts 1959, pp. 343, 344.)
PART XXIV
DIVISION OF VOCATIONAL EDUCATIONAL SERVICE
32-230la. Definitions. As used in this Chapter, the following words and terms shall have the following meanings:
(a) "State Board" means the State Board of Education, designated as the State Board for Vocational Education;
170
T<|HI

(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 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.)
32-2302a. State Board for Vocational Education; designation. The State Board of Education is hereby designated as the State Board of Vocational Education and is directed and empowered to do all things necessary and proper to plan, develop and administer a sound and effective program of vocational education for this State. To this end the State Board shall recognize and preserve insofar as practicable its distinct 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.)
171

32-2303a. Same; Powers and duties. The State Board of Education, acting in its capacity as the State Board for Vocational Education, shall, among other things, exercise the following powers, duties and responsibilities:
(1) Deal with Federal and State agencies and officials on matters involving vocational education;
(2) Prepare, approve and submit to Federal authorities State plans and reports for vocational education as required by Federal laws;
(3) On the recommendation of the Executive Officer appoint necessary personnel to administer and carry out the program for vocational education;
(4) Approve budgets;
(5) Prescribe the duties of the Executive Officer and Director of Vocational Education in keeping with Sections 32-2305a and 32-2306a;
(6) Establish standards, in keeping with approved State plans, to be met and maintained by schools in order to receive State and Federal aid for vocational education;
(7) Approve applications from local school units within the State and to apportion and distribute thereto any and all special or additional funds which may be made available by appropriation, or otherwise, to aid and assist local units in paying the cost of training persons enrolled in the vocational courses;
(8) Have control of all State-operated vocational schools now in operation or that may be established in the future and provide for the inspection of courses or training programs to determine if approved standards are being met;
(9) Discontinue special or additional aid to 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;
172

(13) Make reports to the Governor and General Assembly, at least biannually, dealing exclusively with the progress and needs of vocational education;
(14) Submit to the General Assembly and to the Budget Commission estimates of expenditures necessary for establishing and maintaining an adequate program of vocational education;
(15) Exercise every reasonable effort to establish adequate programs of vocational education wherever a justified need can be established; and
(16) Exercise other authority necessary to the maintenance of a sound and effective program of vocational education in the State as a regular and integral part of the total secondary school program. (Acts 1953, Nov. Sess., pp. 401,403.)
32-2304a. Division of Vocational Education Service; Establishment. There is hereby created within the State Department of Education a division that shall be known as the Division of Vocational Education Service with a Director responsible directly to the Executive Officer and through him to the State Board. (Acts 1953, Nov. Sess., pp. 401,405.)
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 Education and keep appropriate minutes;
(2) Be responsible to the State Board for carrying out plans, policies and regulations approved by the State Board;
(3) Sign all checks expending state vocational funds and all vouchers authorizing the State Treasurer to expend Federal vocational funds; and
(4) Be 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.)
32-2306a. 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 director in
173

an approved program of vocational education, and be a graudate of an accredited college with a major in vocational education. The Director shall be responsibile 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 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.)
174

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 iyi9, pp. 253, 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, pp. 253,255; 1931, pp. 7, 40.)
SCHOOLS FOR ILLITERATE ADULTS
32-2501. Schools authorized. The county commissioners, or the ordinaries of such counties as have no commissioners, shall have authority in their discretion to provide for the carrying on in their respective counties of school for instructing adult illiterates in the elementary branches of an English education only. (Acts 1920, p. 249.)
32-2502. Expenses. The expenses of maintaining said schools, when they shall be established in accordance with this law, shall be paid out of the
175

^ tmm

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. 429.)
32-2503. Power of county boards of education to establish and conduct schools. In those counties where neither the county commissioners nor the ordinaries make provision for the establishment of schools for instructing adult illiterates in the elementary branches of an English education, the county boards of education shall have the power in their discretion to establish and conduct such adult schools and provide for the expenses of maintaining said schools out of any school funds which may be available for that purpose, and to cooperate with any State or Federal agency or authority in promoting adult education and reducing adult illiteracy within their respective counties. (Acts 1943, p. 355.)
PART XXVI
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 abolished and the functions and services heretofore exercised and performed by it shall be hereafter exercised and performed by the State Board of Education. (Acts 1943, p. 385.)
32-2605. Duties of State Board of Education relating to libraries; employment of staff; expenses. The State Board of Education shall give aid, advice, and counsel to all libraries and communities which may propose to establish libraries as to the best means of establishing and administering them, the selection of books, cataloging and other details of library management, and shall exercise supervision over all public libraries, and shall endeavor to improve libraries already established. The 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.)
176

1

32-260o. Acceptance of gifts by Board. Reports of libraries. Policy as to library service stated. The State Board shall have authority to accept gifts

of booKs, money or other property from any public or private source,

including the Federal Government, and shall have authority to perform any

and all functions necessary to carry out the intention and purposes of this

]r* (Sections 32-2604 to 32-2607.) All public libraries in the State shall

,ubmit 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 services 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 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, through its properly constituted municipal authorities, raise by taxation, from year to year, and permanently appropriate money for the purpose of establishing or erecting or maintaining a public library, or assisting in maintaining a public library. Any such sum or sums of money so appropriated shall be expended by and under the direction of the board of trustees of such public library elected by the
city council of said city. (Acts 1901, p. 52; 1904, p. 90.)

32-2702 Disbursements, how made. In any city in which an appropriation shall be made under or by virtue of the authority conferred by this Chapter, the money so appropriated shall be drawn from the treasury 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.)

177

32-2703. Donations. Said board of trustees is authorized to accept and receive donations, either in money, land or other property for the purpose ol erecting or assisting in the erection of suitable buildings for the use of said public library, for maintaining the same, or for assisting in maintaining the same. (Acts 1901, p. 52; 1904, p. 90.)
32-2704. Duties of board of trustees. Said board of trustees shall exercise a strict and rigid supervision over said public library, and shall pass all necessary rules and regulations for the government and control of the same, shall elect a librarian and, if necessary, an assistant librarian, or designate some officer or officers to perform the duties of librarian or assistant librarian, and shall appoint and discharge the said officer or officers at pleasure. (Acts 1901, p. 52; 1904, p. 90.)
32-2705. Powers of the city. The municipal government of any such city shall have authority to enter into a legal and binding agreement to accept and receive any donation offered by any person or persons on such terms as may be agreed upon between said person or persons and said municipal government, and such agreement so made shall be legal and binding upon said municipal government and its successors; and all agreements by said municipal government of said city to pay any sum or sums of money annually thereafter for the use of said public library shall be legal and binding on the said city; and any ordinance or ordinances carrying said agreement into effect shall have the force and effect of law and be binding on the said city during the time mentioned in said agreement and said ordinance. (Acts 1901, p. 52.)
32-2706. Public libraries outside municipalities; authority to maintain. Political subdivisions, other than municipal corporations, are hereby authorized to establish and maintain public libraries for purpose of education, and to support the same by current revenue or by donations or bequests which they are authorized to receive for that purpose; and such political subdivisions may contract with each other and with such municipal corporations as may be already maintaining libraries, operated either by their own governing bodies or by boards of trustees or other officials, within 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.)
178
ii.

32-2707. Same; library board, its personnel and powers. Whenever, under the provisions of section 32-2706, the governing authorities of any political subdivision shall establish a public library therein, the county board of education shall, ex officio, constitute the library board; Provided, nevertheless, that in the establishment or maintenance of a public library or public library service by contract or cooperative agreement between said political subdivisions, the agreement between the respective governing authorities of said political subdivisions may provide that the library board of a political subdivision already maintaining a public library or public library service may constitute the (library board, or said agreement may provide as to the constituency and method of selection of the library board and such agreements shall be valid to that end; and the library board so constituted shall exercise the powers herein conferred upon library boards subject to such terms not inconsistent with the general purposes herein provided for, as may be contained in such an agreement. (Acts 1935, p. 409.)
32-2708. Same; supervision of libraries; branches and stations; contracts; librarian; employees. The library board, as constituted by section 32-2707, shall have general supervision of the public library established in such political subdivisions, and shall have power to make reasonable rules and regulations for the operation of the same. Said board may establish branches and stations wherever deemed advisable and carry on other forms of library-extension service; they shall create the office of librarian and fix 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
EDUCATION OF BLIND AND DEAF PERSONS
GEORGIA ACADEMY FOR THE BLIND AND GEORGIA SCHOOL FOR THE DEAF
MANAGEMENT AND CONTROL OF INSTITUTIONS
BY STATE BOARD OF EDUCATION
32-2801. Control of Academy for the Blind and School for the Deaf transferred to State Board of Education. Effective July 1, 1943, the authority, powers, duties, supervision, control and management of the
179

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, testbooks, 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 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,
180

benefit, or behoof of any such institution, shalljiot lapse by vntu of any of the provisions of this Chapter, but the same shall remain valid and of full foce and effect, and such beneficial interest under any such deed of gift or Xor^^vey^oe 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 gk devise, or other conveyance in its favor. In any cas 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 confingency exist, said State Board of Education shall be and become a Situted'trustee to carry out the beneficial purposes of said gift, devise, or conveyance. (Acts 1943, pp. 230,232,234.)
32-2806. Education of preschool age handicapped chudren The State Department of Education and county and independent boards of education SeX authorized to expend State and local funds to teach deaf, hearingimpaired, and speech-handicapped children of preschool age.
The State Board of Education is impowered to adopt the necessary rules and regulations to effectuate the purposes of this section. (Acts 1969, p. 613.)
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 Teachers Retirement System of Georgia as defined in section 32-2902.
(2) "Board of trustees" shall mean the board of trustees as provided for in section 32-2907 to administer the retirement system.
(3) "Public school" shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed county or independent board of education.
(4) "Employer " shall mean the State of Georgia, the county^ or independent board of education, the State Board of Education, the Board of Re^nts oJ 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,
181

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 manuei a, aii> other employer designated in this Chapter.
(5) "Teacher" shall mean any person employed not less than half-time in the public day schools as a classroom teacher, or in a clerical capacity, or in the supervision of the public schools, or any employee of the State Board/of Education or the State Board of Vocational Education employed in'a teaching or supervisory or clerical capacity, or any bona fide teacher or supervisor of teachers or clerical employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employee employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agricultural Extension Service of the University of Georgia. The word "teacher" shall 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 Chapter. In the event the Association of Educators and any full-time employee thereof, or the Georgia High School 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 Chapter 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 Teachers 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 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 Chapter 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
182

Radio State 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. "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 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. The word "teacher" shall also include the director and any associate directors of the Georgia Educational Improvement Council and such council shall pay the required employer matching funds. The word "teacher" shall also include the full-time executive secretary of the Georgia Vocational Association, and such association shall pay the required employer contribution; such person shall be entitled to receive credit for prior teaching service by paying the employee's and employer's contribution that would have been paid, plus interest at the rate of eight per cent per annum.
(6) "Member" shall mean any teacher included in the membership of the retirement system as provided in section 32-2903.
(7) "Service" shall mean service rendered as a teacher and paid for by the State or other employer.
(8) "Prior service" shall mean service rendered prior to 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 amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund, together with regular interest thereon, as provided in section 32-2921, subsection (1).
183

(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 moneys 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 Retirement System, and also for the purpose of computing any benefits or allowances payable under this Chapter.
(14) "Average final compensation" shall mean the average annual earnable compensation of a teacher during the last five years of credited service, or, if he has had less than five years of creditable service, his average annual earnable compensation during his total creditable service.
(15) "Annuity" shall mean annual payments for life derived from the accumulated contributions of a member.
(16) "Pension" shall mean annual payments for life derived from contributions of the State or other employer.
(17) "Retirement allowance" shall mean the sum of the annuity and the pension, or any optional benefit payable in lieu thereof as provided in section 32-2905, subsection (8). All retirement allowances shall be payable in equal monthly installments, except that the board of trustees may pay, in lieu of a retirement allowance of less than $10 per month, a lump sum equivalent actuarial value.
(18) "Retirement" shall mean withdrawal from service with a retirement allowance granted under the provisions of this Chapter.
(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.
184

(22) "Actuarial equivalent" shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted by the board of trustees.
(23) "Local retirement fund" shall mean any teachers retirement fund or other arrangement for the payment of retirement benefits to teachers, maintained during the calendar year 1943 wholly or in part by contributions made by an employer as defined by this Chapter, exclusive of the system created by this Chapter.
(24) "Commencement date" shall mean January I, 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; 1953, Nov. Sess., p. 470; 1956, pp. 13, 14; 1957, pp. 118,119-120; 1959, pp. 315,316; 1960, p. 935; 1962, pp. 723, 727;1965, pp. 438,439;1965,pp.652,653; 1966, pp. 513,514; 1969, p. 672.)
32-2902. Name and powers and privileges of system. A retirement system is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances and other benefits under the provisions of this Chapter for teachers of the State of Georgia It shall have the power and privileges of a corporation, the right to sue and to be sued, to implead and be impleaded, and shall be known as the "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, 1944, he files with the board of trustees on a form provided by the board a notice of his election not to be included in the membership of the system and a duly executed waiver of all present and prospective benefits which would otherwise accrue to him by participating in the system. Such a teacher who elects not to become a member may thereafter apply for and be admitted to membership, but without credit for service rendered 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
185

Department of Education, or any of the State educational institutions financed by the State of Georgia, for a period of 35 years, and who retired from service in such schools or educational institutions prior to the time this Chapter became effective, 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 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 years, 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 one half 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 Chapter 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 eacher with allowable interest credits shall become payable to him or on his
186

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 justed in accordance
therewith.
In the event a member desires to pursue full-time study which will require a break in service of more than the normal two years herein provided in order to insure active membership, the board of trustees may approve in advance a leave of absence for study purposes in addition to the normal two year break in service so that the combined break in service does not exceed four years. Such study leave shall be continuous. In no event shall a member's account remain in an active status longer than four consecutive years. Notwithstanding the approval by the board of trustees of study leave, a member shall be covered for disability retirement or monthly death benefits only during the first two years of the total authorized break in service. Furthermore, a member shall not be permitted to establish any period of study leave as creditable service.
(5) Any person who is a teacher in both a public school and a private school system on the effective date of this subsection and who has been in that system for the immediately preceding five years and who is a member of the Teachers Retirement System on the effective date of this subsection shall be eligible to continue his membership in said retirement system: Provided, that the employer's contribution shall be paid by the system in which such person is teaching.
(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,,pppp.. 388, 390; 1964, p. 669; 1969, p. 227; 1969, pp. 384, 385.)
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 Retirement System. The word "teacher" shall be given the same meaning as is provided in this Chapter. (Acts 1945, p. 454.)
187

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 any one year of service, but in no case shall more than one year of service be creditable for all service in one calendar year. Service rendered for a regular school year shall be equivalent to one year's service.
(2) Under such rules and regulations as the board of trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or, in lieu of having taught in 1943, teaches two out of three years between January 1, 1940 and January 1,1943, or has taught two years from January 1, 1945 to January 1,1948, or has taught one year between January 1, 1945 and January 1,1948,'and has 15 years' service previous to January 1, 1948, shall file a detailed statement of all services as a teacher rendered by him prior to January 1, 1945, for which he claims credit. In the event any person who otherwise would have qualified under this subsection shall be on leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the board of trustees shall issue a prior service certificate certifying to the member the period of service prior to 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 or modification of such certificate request the board of trustees to modify or correct his prior service certificate. When membership ceases such prior service certificate shall become void. Any member who is unable to qualify for prior service under the provisions heretofore 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 nonelection 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 contributions of five per cent for the years between January 1, 1945, and the time they shall have become contributing members, plus three and one-half 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.
188

(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 compensation as defined in section 32-2901, subsection (13), including service in a school system in this State which operates or operated a local retirement fund In determining the earnable compensation of any member for the years of his prior service, the board may use, in lieu of the compensation received by the member during his prior service, the rates of compensation which if they had progressed during such prior service in accordance with the tables adopted by the board as provided in section 32-2916, would have resulted in the same average final compensation on 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 it he has a prior service certificate in full force and effect, the amount of the service certified on his prior 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 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 accrued on contributions of such members plus any interest that would have accrued on contributions of such member to the system during period of nonmembership. 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 accrued 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 mus pay in addition to the amounts provided for herein, the employer amoun which would have been paid, plus interest. The board of trustees shall
189

determine this amount: Provided, however, in no case shall a member pay more than the total member and employer contributions and interest in effect at the time 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, or for teaching service rendered as a teacher in American Dependents' School overseas, up to a maximum of 10 years. A teacher desiring to establish credit for service rendered in American Dependents' Schools overseas or in another State that does not permit credit for out-of-State service must pay, in addition to the amount provided for herein, the employer's amount which would have been paid, plus interest at the rate of eight per cent per annum.
(5-B) Any current member who was previously a member of the Employees Retirement System and who withdrew his contributions from the Employees Retirement System not more than one time may establish the service under the Employees Retirement System as creditable service under this system, after having at least five years' service as a contributing member of this system: Provided, such member pays into this system an amount equal to the minimum required for continuous members of this system for all such service under the Employees Retirement System plus any interest that would have accrued on such amount from the date of the withdrawal of contributions from the Employees Retirement System to the date of payment as provided herein. The Employees Retirement System shall pay to this system the employer contribution paid to the Employees Retirement System, plus accrued interest thereon, for any member establishing creditable service, as provided herein, upon receipt of notice from this system, and the member applying for such creditable service shall be required to pay, in addition to the employer contribution provided for above, the difference between the employer contribution paid under the Employees Retirement System and the employer contribution that would have been paid under this system for the period of time covered by the creditable service applied for plus accrued interest thereon.
(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 services prior to January 1, 1945.
(ii) Membership service credit shall be awarded for any period of active
190

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) or (ii) or (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; p.462;1957,p.508;1959,pp. 319,322;1960, pp. 1116,1117,1118; ', pp. 388, 389; 1962, pp. 723, 727-728; 1963, p. 542; 1965, pp. 438, .444; 1966, p. 562; 1966, pp. 564, 565; 1968, p. 543; 1968, p. 1405;
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: Provided, that the said member at the time of 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 shall have attained the age of 55 years. The effective date of retirement will be the first of the month in which the application is
191

received by the board of trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement.
(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 approved 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 shal'l 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 Teacher Retirement System upon completing 40 or more years of creditable service, the annual pension provided in this subsection shall provide a total allowable equal to one and three-fourths per cent of his average compensation over the five 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, not to exceed 40.
(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
192

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. Any retirement benefits or allowances provided or authorized by this amendment (Acts 1966 p 513) shall not increase the employer contributions beyond the percentage rate of 8.50 per cent of teachers' salaries. No funds shall be expended or paid as provided in this subsection until such time as the provisions of section 32-2932, relative to providing a minimum floor ot !b5 for each year of service up to 40 years for those members of the Teachers Retirement System of Georgia who retired on or before July 1, 1961, has been implemented to at least such $5 amount.
(d) The board is authorized to adopt a method of providing for post-retirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary in his post-retirement years. Such method of adjustment may result in the adoption by the board of a method of financing other than that described in subparagraphs (a), (b) and (c) ot subsection (2) of section 32-2921, and shall be based upon:
(1) a recommendation of the board's actuaries;
(2) maintaining the actuarial soundness of the system;
(3) its application to the retirement income of any beneficiary retiring on or after the adoption of such method by the board of trustees.
The board may specify a minimum age which a beneficiary must have attained in order to be eligible for the post-retirement benefit adjustment.
i
(3) Disability retirement allowance, (a) Any member in service may retire on disability upon written application to the board of trustees: Provided that the said members at the time of retirement shall have 15 years or more of creditable service, or shall have 10 years or more of creditable service and also shall have attained the age of 60 years. The medical board, after a medical examination of such member by a qualified physician appointed by the board of trustees, shall certify that the applicant 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. The effective date of retirement will be the first of the month in which the application is received by the board of trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effect.ve date of retirement.
193

(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).
(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 three year 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 Teacher Retirement System, shall be
194

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 Lhe 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 restored to service and receives annual compensation of not less than his average final comnensation, 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.
Provided, however, in the event a person is restored to service on or after his attainment of age 50 and again becomes a member of the Teachers
195

Retirement System under this subsection, upon reimbursing the system for any pension received from the system during his retirement, plus regular interest, such person shall receive credit for any prior creditable service and upon subsequent retirement he shall be credited with all his service as a member, provided such person has served at least two school years after such restoration to service. Such person's pension shall be based on the total of his creditable service and he shall not be limited to the sum of the pension he was receiving prior to his last restoration to membership in the system.
(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 accumulated contributions to this retirement system together with the accumulated interest shall be payable to him upon his request after the date he is paid his last compensation as a teacher.
If a member dies, the amount of his accumulated contributions, with interest credits thereon, 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 if the member had less than 15 years of creditable service at the time of death. If the deceased member had 15 or more years of creditable service or had attained the age of 60 with 10 years or more of creditable service, the death benefit would be paid in accordance with subsection (5) (a) or (b).
(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 davs after retirement, his optional election shall not be effective, and he shall be considered to be a member in actual service at the time of his death.
Option 1. A reduced retirement allowance payable during the life of the retired member, with the provision that if he dies before he has received in payments of his annuity the amount of his accumulated contributions at the time of his retirement, the balance of such amount shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the board of trustees, otherwise to the retired member's estate.
Option 2. A reduced retirement allowance payable during the life of the retired member, with the provision that after his death the reduced retirement allowance shall be continued 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.
196

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.
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 payble: Provided, that the total value of the retirement allowance payable during his life and the succeeding benefit shall be computed to be of equivalent actuarial value to the retirement allowance which he would receive without optional modification and provided that the benefit shall be approved by the board of trustees.
(9) Time when service benefits become effective. No member shall retire or receive benefits under this retirement system prior to the commencement date, but any person eligible for service retirement or disability 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 lias 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 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
197

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, Nov. Sess., pp. 114-116; 1956, p. 4001958, p. 690; 1961, p. 352; 1961, p. 392; 1962, pp. 723, 729; 1963, pp. 542, 544; 1964, pp. 669, 671; 1965, pp. 208, 210; 1965, pp. 267, 268-2701965, pp. 438, 444-445; 1966, pp. 513, 516; 1966, pp. 562, 563; 1969, pp.' 384,388; 1969, pp. 388, 389,390; 1969, p. 391; 1969, p. 431.)
Note: With respect to the 1961 amendment, see note following 32-2921.
32-2906. Administration. The administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this Chapter are hereby vested in the Board of Trustees, which shall be organized immediately after a majority of the trustees provided for in section 32-2907 have qualified and taken the oath of office. (Acts 1943 pp 640,652.)
32-2907. Board of Trustees; number, election, ex-offico members. The Board of Trustees shall consist of nine trustees as follows:
(a) The State Auditor, ex officio.
(b) The State Insurance Commissioner, ex office
(c) The Secretary of the Georgia Association of Educators, 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 Association of Educators 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 rl -e 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
198

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.)
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 per 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 dilligently and honestly administer the affairs of the Board of Trustees, and that he will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system. Such oath shall be subscribed to by the trustee making it and certified by the officer before whom it is taken and shall be filed immediately in the office of the Secretary of State. (Acts 1943, pp. 640, 653.)
32-2911. Same; quorum; votes; rules and regulations. Five trustees at any meeting of the Board of Trustees shall constitute a quorum to transact business. Each trustee shall be entitled to one vote in the Board, and four votes shall be necessary for a decision by the Board. Subject to the limitations of this Chapter, the Board of Trustees may from time to time, establish rules and regulations for the administration of the funds created by this Chapter and for the transaction of its business, (acts 1943, pp. 640, 654.)
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 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
199

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.)
32-2914. Same; legal advisor. 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 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 taking into account the results of such investigations the Board from time to time shall adopt for the system such mortality, service and other tables as it shall deem necessary, for use in all calculations required in connection with this system. The Board shall also determine from time to time the rate of regular interest for use in all calculations required in connection with the system, limited to a minimum of two per centum and a maximum of four per centum, with the rate of 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.)
200

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 Georgia upon domestic life insurers in the making and disposing of their investments: Provided, however, no more than 50 per cent of retirement system assets may be invested in equities. Subject to like restrictions, the trustees shall have the power to hold, transfer and dispose of any investments in which retirement system assets are invested, including proceeds of investments. The board is authorized to employ agents, including banks and trust companies, to act as investment advisors and make investments if the board so authorize. (Acts 1943, pp. 640, 656; 1963, p. 433; 1969, pp. 391,
392.)
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 Tresaurer of the assets of the retirement system. All payments of the funds of the system shall be made by the Treasurer only upon vouchers signed by the Treasurer and countersigned by one other person designated by the Board of Trustees. The Treasurer of the Board of Trustees shall furnish the Board of Trustees a surety bond in a company authorized to do business in the State of Georgia in such an amount as shall be required by the Board, the premium to be paid from the expense fund provided for in section 32-2921, subsection (5): Provided that if the Treasurer is a corporate trustee authorized to do business as such under the laws of this State, no such bond shall be required in the discretion of the Trustees. (Acts 1943, pp. 640,656.)
32-2919. Same; deposits and depositories. For the purpose of meeting disbursements for pensions, annuities and other payments, there may be kept available cash on deposit in one or more banks or trust companies organized under the laws of the State of Georgia or of the United States: Provided that the sum on deposit in any one bank or trust company shall not exceed 25 per centum of the paid up capital and surplus of each bank or trust company; and Provided, that each bank shall give a depository bond in an amount sufficient to cover the deposits or each bank shall place in trust a sufficient amount of Federal or State securities to cover the deposits. (Acts 1943, pp. 640, 656.)
32-2920. Personal interest and profit of trustees and employees. Except as otherwise provided in this Chapter, no trustees 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. o40, 657.)
201

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 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 deductions 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 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.
Any other provision ot this or any other law to the contrary notwithstanding, any member who has attained age 65 and who has completed 40 or more years of creditable service may elect to continue to make contributions to the system during such continuous period of time that the member continues in service by notifying his employer and the board of trustees of such election in such manner as the board of trustees shall provide. Any member who has discontinued making contributions to the system because of attaining age 65 and 40 years of creditable service and has continuous service to the date this amendment becomes effective may remit to the board of trustees contributions at the rate required by law, under terms and regulations prescribed by the board of trustees, on all earnable compensation received by the member since deductions were discontinued. Such continuous service rendered by a member after attaining age 65 and after completing 40 or more years of creditable service during which time the member continues to make contributions to the system shall be deemed to be creditable service only for the purpose of determining average compensation over the five highest consecutive years used in the calculations of the retirement benefits of such member.
202

fb) 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 Eased rate of contribution an amount equal to the total amount which he previously withdrew therefrom as provided in this Chapter, or any part Cr 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 no more than one-half of his average final compensation at retirement, but no Exceeding age 65. Such additional amounts so deposited shall become a par of Ss accumulated contributions: Provided, that upon retirement they shaj 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 fundI andany balance of the accumulated contributions standing to the credit of hu individual account shall be transferred from the annuity savings fund to the pensZ 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 member's salary if the employer's contribution as to such
member is in default.
(ft Notwithstanding any other provisions of this subsection, at the close of any school year, fiscal or contract year, in which . member has completed 40 or more years of creditable service, such member may elect m writing to cease making contributions to the system. In the, event^ such election is made, such teacher shall notify his employer ancTthe boardI of trustees, in such manner as the board of ^^^fjeKf^ftXl^S the required notice, the employer shall not thereafter deduct, and he employee shall not thereafter be allowed to make, contributions to the Teachers Retirement System from the salary or compensation of such
member.
203

(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 Chapter. 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 cent of each member's earnable compensation and the percentage accrued liability contribution rate shall be 3.40 per cent of each member's earnable compensation.
(b) The percentage normal contribution rate shall be determined after each actuarial valuation. Until all accrued liability contributions have been completed, the percentage normal contribution rate shall be determined on the basis of regular interest and the tables last adopted by the board of trustees, as the uniform and constant percentage of the earnable compensation of the average new entrant member which, if contributed on the basis of his prospective earnable compensation throughout his entire period of active service, would be sufficient to provide for the payment of any pension payable on his account. After all accrued liability contributions have been completed, the normal contribution rate shall be the rate per centum of the earnable compensation of all members obtained by deducting from the total liabilities of the pension accumulation fund the amount of the funds in hand standing to the credit of the pension accumulation fund, and dividing the remainder by one per cent 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 cent 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 cent greater than the amount placed to the credit of the accrued liability contribution account in the previous year on the basis of the rate determined as of June
204
TM"**.

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 cent 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 subsection (2) (a) of this section, and the balance of the cost for pensions consisting of the normal and accrued liability contributions at the rates provided in subsection (2) (a) of this section, based on the part of the earnable compensation of members not payable from State teachers' salary funds or from other funds of the State shall be borne by the employers having contributing members in their employ, and each employer having contributing members in its employ shall pay immediately such contributions to the board of trustees, to be credited to the pension accumulation tund.
(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
205

for the ensuing year. The State Board of Education and the Board of Regents in their estimates submitted to the Governor and General Assembly of the funds necessary for the operation of their respective school systems shall include a request for an appropriation payable to the board of trustees in an amount equal to the aforesaid percentages of the part of the earnable compensation of members payable from State teachers' salary or from (funds) of the Board of Regents or from other State funds and for an additional amount as expense for the operation of the Chapter: Provided, that the percentage contribution rates for pension beginning on the commencement date and until changed, as herein provided, shall be as set forth in subsection (2), paragraph (a) of this section. The General Assembly shall make appropriations to the board of trustees sufficient to provide for the said contributions equal to the aforesaid percentages as a part of the earnable compensation of members payable from State teachers' salary funds and for the necessary expense to carry out this Chapter.
(5) Date of commencement of contributions. No contrit utions to the retirement system shall be made by the State, by employers 01 by members prior to the commencement date, except the contribution of the State for an expense fund to pay the expenses of setting up and operating the retirement system prior to that date. On January 1, 1945, or as soon thereafter as the board of trustees shall determine, herein defined as the "commencement date," the board of trustees shall notify all employers, and the employers shall notify the members, that contributions will commence on said date; and thereupon the provisions of this Chapter with reference to such 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.
Cross-reference. Time for beginning of contributions, see Code 32-2927.
(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
206

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 Bpard of Education to withhold from said county board or school unit failing to comply herewith all appropriations allotted 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 by teachers and 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; 1966, pp. 562, 564; 1967, p. 126.)
32-2921.1. Further provisions as to transfer of credits from Employees Retirement System to Teachers Retirement System. Any other provisions of law to the contrary notwithstanding, any member who has service credits with the Employee Retirement System of Georgia may have such service credits including employer and employee contributions transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits shall notify the Board of Trustees of the Teachers Retirement System in writing of his election to transfer such service credits: Provided, however, such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death or normal service retirement: 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. (Acts 1962, pp. 723, 731; 1966, pp. 513, 517; 1968, pp. 1405,1406.)
32-2922. Members of local retirement system. (1) Teachers in the service of an employer operating a local retirement fund shall not be members of the retirement system established in this Chapter and such teachers shall make no contributions to this retirement system and shall be eligible for pension benefits under this retirement system only as provided in this section. If such a teacher retires under the provisions of his local retirement fund and if at the time of his retirement he would have been eligible for service retirement under the provisions of 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
207

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 resulted 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 previous accrued credits in the State retirement system so long as he continues in the service of such employer, and he shall accrue additional credits on such part of his salary as is paid from State funds.
(3) Should a teacher in the service of an employer operating a local retirement fund become a member of this retirement system by entrance into the service of an employer without a local retirement fund, he shall contribute to the State system while so employed and continue with the previous credits in the State system which he had at the time of becoming a member.
(4) Notwithstanding any other provisions of this Chapter, the actuary in determining the normal and accrued liability contributions, and the Board in setting such contributions and the amount of the appropriations to be paid by the State to the Pension Accumulation Fund, shall include the liability on account of the State compensation paid to teachers in the employ of
208

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 resolved 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. (Acts 1943, pp. 640, 664; 1953, Nov. Sess., p. 341; 1962, pp. 723,726; 1966, pp. 564, 566.)
209

32-2923. Exemption of rights under Chapter from legal process. Assignability. (a) The right to a pension, an annuity, or a retirement allowance, to the returns of contributions, the pension, annuity or retirement allowance itself, any optional benefit or any other right accrued or accruing to any person under the provisions of this Chapter, and the moneys in the various accounts created by this Chapter, are hereby exempt from any State, county or municipal tax, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as in this Chapter specifically otherwise provided. 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 32-2922, to the extent attributable to amounts paid by the retirement system to such local retirement system for the account and benefit of such member.
(b) A resident of this State who receives a pension, annuity or retirement allowance from a teachers retirement system of another State or political subdivision shall have the same exemption or exemptions with respect thereto as are prescribed in subsection (a) provided the law of such other State or political subdivision allows substantially the same treatment to a person residing there with respect to a pension, annuity, or retirement allowance received from the Teachers Retirement System of Georgia. (Acts 1943, pp. 640,668; 1960, pp. 1153,1154; 1968, pp. 543, 544.)
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 practiable 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 specially provided in this Chapter, no other pension of law under any other statute which provides wholly or partly at the
210

expense of the State of Georgia for pensions or retirement benefits for teachers in the State, their widows or their dependents, shall apply to members or beneficiaries of this retirement system, their widows or their dependents: Provided, however, that nothing in this law shall prevent the governing boards of the public school systems of the State and the Board of Regents of the University System of Georgia from making provision for supplementing the retirement and pension allowances of the teachers and other employees of the respective boards who are covered by 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 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 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.
32-2932. 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 Budger 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.)
212

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 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 0, which affects the Teachers' Retirement System.
PART XXIX
EDUCATION OF EXCEPTIONAL CHILDREN
32-3501. Meaning of terms. Unless the context indicates otherwise, the terms used in this Chapter shall have the meanings ascribed to them in this section.
(a) Exceptional children. "Exceptional children" are those who have emotional, physical, communicative, and/or intellectual deviations to the degree that there is interference with school achievements or adjustments, or prevention of full academic attainment, and who require modifications or alterations in their educational programs. This definition includes children who are mentally retarded, physically handicapped, speech handicapped,
213

multiple handicapped, autistic, intellectually gifted, hearing impaired, visually impaired, and any other areas of exceptionality which may be identified.
(b) Special education facilities. "Special education facilities" shall include, but not be limited to, special classes, special housing, special instruction, special rental facilities, braillist and typist for visually handicapped children, transportation, maintenance, instructional materials, therapy, professional consultant services, psychological services, itinerant services, resource services, additional evaluation services and centers, special administrative services, salaries of all required special personnel, and other special education services required by the child because of his exceptionality, if such services are approved by the State Board of Education and the child is eligible therefor under this Chapter and the regulations of the State Board of Education.
(c) Professional workers. "Professional workers" means approved personnel, and shall include, but not be limited to, speech and/or hearing specialists, mobility instructors, special education interns, special education administrators or supervisors giving full time to special education, and teachers of any class or program defined in this Chapter who meet the requirements of this Chapter. (Acts 1968, p. 120.)
32-3502. Application of Chapter. Notwithstanding any other provision of law to the contrary, the provisions of this Chapter shall apply to the boards of education of all county, independent and area school systems in the State of Georgia. (Acts 1968, pp. 120,121.)
32-3503. Education for exceptional children. School boards of any school systems that maintain a recognized public school shall, subject to any limitations hereinafter specified, establish and maintain such special education facilities and employ such professional workers as may be needed for one or more of the types of exceptional children defined by the State Board of Education who are residents of their school district and such children, residents of other school districts, as authorized by this Chapter. (Acts 1968, pp. 120,121.)
32-3504. Powers and duties of State Board of Education. The State Board of Education shall provide for: (a) implementation of statewide programs in the public schools of this State for the education of exceptional children as defined by this Chapter; and (b) implementation of other educational programs not ordinarily coming within the prescribed curricula of public schools.
The State Board of Education is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as
214

the board may, in its discretion, find necessary or desirable to implement on a statewide basis. Local school systems shall, 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.
An advisory council for exceptional children shall be appointed by the State Superintendent of Schools and approved by the State Board of Education. (Acts 1968, pp. 120,122.)
32-3505. Committee for exceptional children. There shall be established in each school system a "committee for exceptional children." When established, this committee shall be composed of the local superintendent of the school system, the local coordinator of the program for exceptional children who shall be chairman, and a minimum of five additional people who shall be representative of professions related to special education and who shall be elected by the board of education of the local school system. In cases where two or more school systems wish to combine their services for exceptional children on a cooperative basis, one committee for exceptional children may be formed to serve both school systems. (Acts 1968, pp. 120,
22.)
32-3506. Comprehensive planning. Each school system or combination of school systems shall secure a competent survey of the educational needs of exceptional children in each jurisdiction and shall make an educational plan for these children. This plan shall be presented to the State Department of Education within one year after the passage of this Chapter. A biennial report shall be made to the State Department of Education to indicate the extent to which the plan has been implemented and to report additional planning. (Acts 1968, pp. 120, 122.)
Editorial Note. This Chapter was approved March 7,1968.
32-3507. Scholarships and recruitment. The State Superintendent of Schools with the advice of the advisory council for exceptional children, shall make scholarship grants to persons of good character who are interested in working in programs for the education of exceptional children, for either part-time or full-time study in programs designed to qualify them as professional workers under subsection (c) of section 32-3501. Persons who qualify for a scholarship must have earned at least 90 quarter hours of college credit and must be students of a recognized college or university. Part-time students and summer session students may be awarded grants on a pro-rata basis. All grants shall be made in accordance with rules and regulations prescribed by the State Superintendent of Schools and the State Board of Education.
215

Moneys not used in reimbursement of scholarship expenses and administration shall be used to recruit professional workers for programs of education of exceptional children through further training at graduate and undergraduate levels. (Acts 1968, pp. 120, 123.)
32-3508. Nonlocal education for exceptional children. If an exceptional child cannot be educated in his local school system on criteria established by the State Board of Education, his parents may seek educational programs appropriate to the child's needs. Upon application to the Program for Exceptional Children, State Department of Education, and upon approval of said agency, the school or agency educating the exceptional child shall be reimbursed for tuition, fees, transportation, and books, not to exceed the cost of educating that type of exceptional child of an identical age in Georgia public schools.
This section excludes those multiple handicapped children for whom special appropriation is provided because of the severity of their disabilities (Acts 1968, pp. 120,123.)
32-3509. Transportation of exceptional children and itinerant teachers. When it is deemed necessary, in the best judgment of the local committee for exceptional children, said committee shall include in its planning and shall recommend to the local school board the free transportation of said pupils. The school boards of local districts shall be reimbursed for the cost of said transportation when State funds are appropriated for this purpose.
The local school board may permit children in their school district or in any particular grade to attend the schools of other districts when deemed necessary for adequate educational services, and may provide free transportation for such pupils.
Where travel is required for itinerant teachers, reimbursement for such travel shall be provided. (Acts 1968, pp. 120,124.)
32-3510. Implementation. It is further provided that the provisions of this Chapter shall be fully implemented on or before eight years after the date it becomes law. (Acts 1968, pp. 120,124.)
Editorial Note. This Chapter was approved March 7,1968.
PART XXX
PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM.
32-3801. Short title. This Chapter shall be known and may be cited as
216

"The Act Creating the Public School Employees Retirement System." (Acts 1969, pp. 998,999.)
Cross-reference. Penalty for attempting to defraud system, see section 32-9921.
32-3802. Definitions. The following words and phrases as used in this Chapter, unless a different meaning is clearly required by the context, shall have the following meanings.
(1) "Retirement system" shall mean the Public School Employees Retirement System created by section 32-3803.
(2) "Fund" shall mean the Public School Employees Retirement Fund created in section 32-3811.
(3) "Board" shall mean thr board of trustees as provided for in section 32-3811 to administer the retirement fund and retirement system.
(4) "Public school" shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed county or independent board of education.
(5) "Public school employee" or "employee" shall mean all those employees of public schools who are not eligible for membership in the Teachers Retirement System of Georgia. The term specifically includes, but is not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel. The term does not include teachers or any school personnel who are now, or may hereafter become, covered by the Teachers Retirement System of Georgia.
(6) "Employer" shall mean the State of Georgia.
(7) "Local unit of administration" shall mean any county or independent board of education or political subdivision employing public school employees.
(8) "Member" shall mean any public school employee in the membership of the retirement system as provided in section 32-3804.
(9) "Service" shall mean service rendered as a public school employee.
(10) "Membership service" shall mean service as a public school employee rendered while a member of the retirement system for which credit is allowable as provided in section 32-3805.
217

(11) "Prior service" shall mean service rendered as a public school employee prior to the "commencement date," as hereinafter defined, for which credit is allowable as provided in section 32-3805.
(12) "Creditable service" shall mean all years and completed months (expressed as a fraction of a year) of prior service and membership service.
(13) "Regular interest" shall mean compound interest at such rate as shall be determined by the board from time to time and initially to be set at four per cent.
(14) "Contributions" shall mean the employer and employee contributions to the retirement system as provided in section 32-3810.
(15) "Accumulated contributions" shall mean an employee's contributions together with regular interest thereon.
(16) "Beneficiary" shall mean the living person or persons entitled to receive any benefits upon the death of a member who was designated by the member by written notice to the board. If said person or persons so designated are not living at the time of the death of the member, the beneficiary shall be the estate of the member.
(17) "Actuarial equivalent" shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables adopted by the board.
(18) "Joint annuitant" shall mean the person designated to receive benefits payable on the death of a member as provided in Option A set forth in subsection (b) of section 32-3808.
(19) "Commencement date" shall mean July 1, 1970, or as soon thereafter as the board shall determine for the commencement of employer and employee contributions. (Acts 1969, pp. 998,999.)
32-3803. Name and powers and privileges of system. A retirement system is hereby created and placed under the management and control of the board of trustees, hereinafter provided for, for the purposes of providing retirement benefits and other benefits under the provisions of this Chapter for public school employees. It shall be a budget unit of the State Government and shall have the power and privileges of a corporation, the right to sue and be sued, to implead and be impleaded, and shall be known as the "Public School Employees Retirement System," and by such name all of its business shall be transacted, all of its funds invested, and all of its cash, securities and other property held. (Acts 1969, pp. 998,1001.)
218

32-3804 Membership, (a) Any person who is a public school employee on the effective date of this Chapter shall be a member of the retirement system created by this Chapter as a condition of his continued employment except as hereinafter provided. Any person who becomes a public school employee on or after the effective date of this Chapter shall become a member of the retirement system created by this Chapter as a contition of his employment. The provisions of this subsection shall become a part of any contract of employment of public school employees which is executed on or after the effective date of this Chapter, but nothing herein shall be construed to impair the obligation of any such contract executed prior to the effective date of this Chapter.
(b) A public school employee otherwise eligible shall be classified as a member only while he is employed by a local unit of administration not operating a local retirement system, except as otherwise provided in section
32-3818.
(c) The membership of any member shall terminate if he retires under this system or withdraws his contributions, or if in a period three consecutive years after becoming a member, he renders less than one year of service, except as hereinafter provided. Any member who has not withdrawn his contributions to the retirement system may retain his membership while on any leave of absence authorized by rules and regulations of the board. The board may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the Umted States approved in advance by the board, or if he ceases to be a contributing member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years. No benefit under the retirement system other than the payment of the accumulated contributions of such an employee shall become payable to him or on his account while he is not in service as a public school employee, and no employer contributions shall be made to the system during any such time. (Acts 1969, pp. 998,
1002.)
32-3805 Creditable service, (a) The board shall fix and determine by appropriate rules and regulations how such service in any year is equivalent to one year of membership service, but in no case shall more than one year of service be creditable for all service in one calendar year. In developing rules and regulations to determine how much service in any year is equivalent to one year of membership service, the board shall be guided by the nature of the employment being considered and the number of months, weeks, days and hours normally worked to carry out the normal duties associated with the employment. Service rendered for a regular school year shall be equivalent to one year of service in any case.
219

(b) Under such rules and regulations as the board shall adopt, each member who was a public school employee at any time from July 1, 1945 until the commencement date shall be entitled to file a detailed statement of all services as a public school employee rendered by him prior to the commencement date 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, such person shall have six months after termination of his military service to qualify under the provisions hereof Upon verification of such statement of service, the board shall issue a prior service certificate certifying to the member the period of service prior to the commencement date with which he is credited on the basis of his statement of service. As long as a membership continues, a prior service certificate shall be final and conclusive for retirement purposes as to such service: Provided, however, that a member may within one year from the date of issuance or modification of such certificate request the board to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void.
(c) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him since he last became a member after the commencement date, and, if he has a prior service certificate in full force and effect, the amount of the service certified on his prior service certificate.
(d) Any person who shall leave public school employment at any time after the effective date of this Chapter to enter military service may return to public school employment at any time within five years after being released from military service and shall receive credit for such active military service upon the payment of employee contributions, plus the regular interest that would have accrued on such contributions, which would have been paid during his absence while in military service.
(e) Any person who left public school employment to enter military service at any time prior to the effective date of this Chapter and returned to public school employment within five years after being released from military service shall receive credit for such active military service upon the payment of employee contributions, plus the regular interest that would have accrued on such contributions, that would have been paid during his absence while in service. (Acts 1969, pp. 998,1003.)
32-3806. Retirement dates, (a) The normal retirement date of a member shall be the first day of the month coinciding with or next following the date he attains the age of 65, except that the normal retirement date of a member who is age 64 or over on the effective date of this Chapter shall be January 1, 1971. A member shall retire on his normal retirement date except as otherwise provided in subsection (b) of this section.
220
HKT"***"W


(b) At the request of his local unit of administration, a member may remain actively employed beyond his normal retirement date on a year to year basis as shall be mutually agreed upon by the member and his local unit of administration. In such cases, the member shall retire on the first day of the month coinciding with or next following the end of the last agreed period, which date shall be the delayed retirement date of the member. (Acts 1969, pp. 998,1004.)
32-3807. Retirement benefits, (a) Any member may retire and receive the retirement benefits hereinafter provided after obtaining a minimum of 10 years' creditable service. In the event a member retires before obtaining 10 years' creditable service, he shall receive a lump sum refund of his accumulated contributions made under the retirement system to the date of his retirement.
(b) Upon retirement on his normal retirement date, a member shall receive a monthly retirement benefit under which payment shall commence on his normal retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement payment shall be $2 multiplied by the number of the member's years of creditable service.
(c) Upon retirement on his delayed retirement date, a member shall receive a monthly retirement benefit under which payment shall commence on his delayed retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement benefit shall be computed in the same manner as for a normal retirement benefit based on the number of years of creditable service as of the member's delayed retirement date. (Acts 1969, pp. 998,1005.)
32-3808. Optional forms of retirement income, (a) A member may elect, or may revoke a previous election and make a new election, at any time prior' to his normal retirement date, to have his retirement benefit payable under one of the options hereinafter set forth in lieu of the lifetime income he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the member in writing and shall be subject to approval by the board.
(b) The amount of any optional retirement benefit set forth below shall be the actuarial equivalent of the amount of benefit that would otherwise be payable to the member under section 32-3807.
Option A. Joint and survivor option. A decreased retirement benefit which shall be payable to the member for life and shall continue after his death to the surviving joint annuitant in the same amount or in such smaller
221

amount as he may designate. The election of this option shall be null and void if either the member or his joint annuitant dies before his normal retirement date.
.Option B. Period certain and life option. A decreased retirement benefit commencing on the date of retirement and payable on the first day of each month during the lifetime of the member: Provided, however, that should the member die prior to having received an elected number of guaranteed monthly retirement payments (i.e., 60, 120, or 180), such remaining guaranteed payments shall continue to his designated beneficiary. (Acts 1969, pp.998, 1005.)
32-3809. Death or termination of employment, (a) If a member dies prior to his normal retirement date, his beneficiary shall receive a lump sum refund of his accumulated contributions made under the retirement system to the member's date of death.
(b) If a member who has not elected an optional form of payment as provided in section 32-3808, dies prior to receiving benefits totaling his accumulated contributions to his retirement date, a death benefit shall be payable in a lump sum to the beneficiary of the member. The amount of such death benefit shall be the difference between total benefits actually paid to the member and his accumulated contributions.
(c) If a member who has elected an optional form of payment, as provided in section 32-3808, dies after his normal retirement date but prior to his actual retirement, a death benefit will be payable as provided for by the provisions of the option elected, determined as if the member had retired on the day preceding the date of his death.
(d) If a member who has elected an optional form of payment, as provided in section 32-3808, dies subsequent to actual retirement, a death benefit shall be payable as provided for by the provisions of the option elected.
(e) Should the employment of a member be terminated voluntarily or involuntarily at any time prior to his normal retirement date, he shall be entitled to a refund of his accumulated contributions to the date of his termination. (Acts 1969, pp. 998, 1006.)
32-3810. Funding, (a) Each member shall contribute $4 monthly as the employee contribution toward the cost of the retirement system. Each local unit of administration shall deduct said amount each month from the compensation of each of its employees who is a member of the retirement system and pay said amount so deducted by the board. The board shall
222

specify by rules and regulations the time and manner said amounts shall be paid to the board.
(b) The employer contributions toward the cost of the retirement system shall be as actuarially determined and approved by the board, and in making such determination, each local unit of administration shall supply the board with such information at such times and in such manner as the board shall specify by rules and regulations. The amounts determined as the employer contributions, as herein provided, shall be certified to the State Treasurer at such times as the board shall specify by rules and regulations. It shall be the duty of the State Treasurer to pay to the board, from funds appropriated or otherwise available to the Public School Employees Retirement System, the amounts so certified by the board. All employer contributions shall be irrevocable and may be used only for the exclusive benefit of members or their beneficiaries. (Acts 1969, pp. 998,1007.)
32-3811. Retirement fund; board of trustees, (a) There is hereby created the Public School Employees Retirement Fund which shall be administered by the board of trustees. The board of trustees shall be composed of all members of the Board of Trustees of the Employees Retirement System of Georgia and two additional ex-officio members who shall be the executive secretary of the Georgia School Bus Drivers Association and the president of the Georgia School Foods Service Association.
(b) The members of the board shall receive the sum of $20 per day for each day of attending meetings of the board or for any committee meetings called pursuant to authorization of the board and the 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 on the board shall receive no per diem but shall be entitled to reimbursement for actual expenses incurred by them in carrying out their duties under this Chapter.
(c) Six members at any meeting of the board shall constitute a quorum to transact business. Each member shall be entitled to one vote on the board, and five votes shall be necessary for a decision by the board. The chairman, secretary and treasurer of the board shall be the same as the chairman, secretary and treasurer of the Board of Trustees of the Employees Retirement System of Georgia. (Acts 1969, pp. 998, 1007.)
32-3812. Control and investment of funds, (a) The board shall have control of the funds provided for in this Chapter, and all funds received by the board shall be deposited in a special account to the credit of the Public School Employees Retirement Fund. The benefits provided for in this Chapter and all administrative expenses shall be paid from said special
223

account. The board shall have authority to expend the funds in accordance with the provisions of this Chapter.
(b) The board shall have full power to invest and reinvest said funds 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, except, however, the board may not invest more than 50 per cent of such funds in equities. Subject to said terms, conditions, limitations and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund.
(c) The board is hereby authorized to employ an agent or agents including, but not limited to, banks or trust departments thereof and to enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the board so authorizes. (Acts 1969, pp. 998, 1008.)
32-3813. Powers and duties of board. The board is hereby given the following powers and duties: to provide for the collection of all monies provided for in this Chapter; to provide for the payment of retirement benefits provided for under this Chapter; to provide for the payment of all retirement benefits that may be determined to be due under the rules and regulations as adopted by the board; to make and promulgate all necessary rules and regulations not inconsistent with the laws of the State of Georgia to carry out the provisions of this Chapter; to determine eligibility of persons to receive retirement benefits under the provisions of this Chapter; to make provisions for refunds or repayments to persons who may be entitled to receive same; to keep records of all its meetings and all other powers necessary for the proper administration of the provisions of this Chapter. (Acts 1969, pp. 998, 1009.)
32-3814. Books and records. The board shall keep permanent records of all its accounts in granting retirement benefits, and shall keep proper records and books concerning the operation of the board. The board shall present each year at the beginning of the regular session of the General Assembly an annual financial statement of the fund. (Acts 1969, pp. 998, 1009.)
32-3815. Gifts, grants and bequests. The board may take a gift, grant or bequest, any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of the retirement system in accordance with the provisions of this Chapter. (Acts 1969, pp. 998,1010.)
224

32-3816. Exemption from liability of board of trustees. The members of the board, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the retirement system and the fund, and the State shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct .(Acts 1969, pp.998,1010.)
32-3817. Legal advisor. The State Attorney General shall be the legal advisor of the board. (Acts 1969, pp. 998,1010.)
32-3818. Local retirement systems, (a) Any local unit of administration having a retirement or pension system on the effective date of this Chapter which includes as members in such system any or all public school employees, as defined in this Chapter, may elect to have such employees become members of the retirement system created by this Chapter subject to the following conditions:
(1) Any such local unit of administration must make the election whither or not any or all of its public school employees covered by the local retirement or pension system shall become members of the retirement system created by this Chapter, and such election must be made in writing to the board within 90 days after the effective date of this Chapter.
(2) If any such local unit of administration elects to have any or all of its public school employees become members of the retirement system created by this Chapter, then, at a time to be specified by the board, such employees shall cease to be members of the local retirement or pension system and shall become members of the retirement system created by this Chapter, and upon retirement, all services credited to such employees under said local retirement or pension system shall be creditable service and such employees shall receive the retirement benefits provided by this Chapter: Provided, however, that the transfer of any such public school employee from any local retirement or pension system to the retirement system created by this Chapter shall not impair or diminish any pension or retirement rights of any such employee existing under the local retirement or pension system at the time of such transfer, and in order to carry out this requirement, the local unit of administration shall pay to the board, in such manner and at such time or times as the board shall specify, an amount which shall be of sufficient acturial value to secure the pension or retirement rights any such employee had under the provisions of the local retirement or pension system, and upon retirement, such employee shall receive a retirement benefit equivalent in actuarial value to the retirement or pension benefit which he
225

would have received under the local system, notwithstanding the provisions of this Chapter fixing retirement benefits.
(b) Any local unit of administration having any such retirement or pension system shall be responsible for the payment of any retirement or pension benefits payable to any member of the local retirement or pension system who had retired under the provisions of such local system prior to the commencement date.
(c) The board is hereby authorized and directed to develop and promulgate rules and regulations to carry out the provisions of this section. (Acts 1969, pp. 998, 1010.)
32-3819, Appropriations; expense fund, (a) The General Assembly shall make appropriations to the Public School Employees Retirement System sufficient to provide for the employer contributions required by subsection (b) of section 32-3810 and to otherwise carry out the provisions of this Chapter.
(b) The board shall establish an expense fund to which shall be credited the funds provided by appropriations of the General Assembly 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 retirement system.
(c) The appropriations provided for in this section may be made by the General or Supplemental Appropriations Act adopted by the General Assembly, but no employer or employee contributions to the retirement system shall be made prior to the commencement date. Appropriated funds may be expended prior to the commencement date pursuant to subsection (b) of this section in order to pay the expenses of setting up and beginning operation of the retirement system prior to that date. (Acts 1969, pp 998 1011.)
32-3820. Exemption of rights under Chapter from legal process. Assignability. The right to a retirement benefit, the return of contributions, and any optional benefit or any other right accrued or accruing to any person under the provisions of 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 otherwise specifically provided in this Chapter. (Acts 1919 pp 998 1012.)
32-3821. Correction of errors. Should any change or error in the records result in any member or beneficiary receiving from the retirement
226

system more or less than he would have been entitled to receive had the records been correct, the board 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 1969, pp. 998,1012.)
32-3822 Effective date of Chapter; time of making employee contributions. This Chapter shall become effective on January 1, 1970, but no public school employee shall be obligated to make employee contributions to the retirement system as provided in this Chapter until after the General Assembly has appropriated funds for the employer contributions as provided in this Chapter. (Acts 1969, pp. 998,1013.)
32-3823 Credit for prior service. Any provision herein to the contrary notwithstanding, no credit shall be given any member for prior service until the General Assembly shall appropriate funds to amortize the prior service liability. (Acts 1969, pp. 998,1013.)
PART XXXI
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 32416, 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 32416 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. Repealed by Acts 1932.
227

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, pp. 288,355.)
32-9906. Repealed by Acts 1945.
32-9907. Violation of sections 32-1022 to 32-1024 concerning teachers* oath. Any person violating the provisions of sections 32-1022, 32-1023, or 32-1024 relating to oath of teachers and other State employees shall be guilty of a misdemeanor, and shall be discharged immediately from his or her position. (Acts 1935, p. 1306.)
32-9908. Violation of section 32-949. Any member of any county oard of education violating the provisions of section 32-949, forbidding any nember of a county board of education to sell to any county board of 'ducation 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,

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 college 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

l0r?!" Vila,in8 a"y f the Prawns of sections 32-9909 and

I" r\,fl

dCemed gUil,y f a "^meanor and upon conviction

thereof shall be punished as for a misdemeanor. (Acts 1943, pp. 623.624.)

PK ti2'^\l ^t,emp,in6 ,0 def"d teachers' retirement system created by Chapter 32-29. Any person who shall knowingly make any false statements

228

or shall falsify or permit to be falsified any record or records of the teachers' retirement system created by Chapter 32-29, in any attempt to defraud the system as a result of such act shall be guilty of misdemeanor, and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding $500, or imprisonment not exceeding 12 months, or both, such fine and imprisonment to be at the discretion of the court. (Acts 1943, pp. 640,668.)
32-9913 Compulsory school attendance law; violating rules of State Board of Education or section 32-2114. Any person violating any provision of section 32-2114, relating to cooperation of school officials with visiting teachers and attendance officers, or of the rules and regulations of the State Board of Education, relating to compulsory school attendance, previously published one time in the official education journal of the State, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not to exceed $100. (Acts 1945, pp. 343, 347; 1969, pp. 838, 840.)
32-9914 Same; penalties tor violations of Chapter 32-21 by parents and guardians; duty of visiting teachers and attendance officers to file proceedings. Any parent, guardian, or other person residing in this State who has control or charge of a child or children and who shall violate the provisions of Chapter 32-21 relating to compulsory school attendance shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $100 or imprisonment not to exceed 30 days, or both, at the discretion of the superior city or other court having jurisdiction. Each day's absence from school in violation of said Chapter shall constitute a separate offense. Visiting teachers and attendance officers shall have authority and it shall be their duty to file proceedings in court to enforce the provisions of said Chapter. (Acts 1945, pp. 343,347.)
32-9915. Violation 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 upon conviction shall be punished by a fine of not more than $25 or by confinement not to exceed 30 days or by both fine and confinement, in such manner as the court shall direct. (Acts 1945. p. 210; 1945, pp. 441, 442 1969, pp. 838,839.)
32-9916 False statements or misuse of funds in connection with State grants. Any person who shall knowingly make any false statement in writing
229

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.)
32-9917. Repealed by Acts 1961.
32-9918. Repealed by Acts 1962.
32-9919. Repealed by Acts 1957.
32-9920. Repealed by Acts 1961.
32-9921. Attempting to defraud Public School Employees Retirement System created by Chapter 32-38. Any person who shall knowingly make any false statements or shall falsify or permit to be falisfied any record or records of the Public School Employees Retirement System created by Chapter 32-38, in any attempt to defraud the system as a result of such act, shall be guilty of a misdemeanor and upon conviction thereof, by any court of competent jurisdiction, shall be punished by a fine not exceeding $500, or imprisonment not exceeding 12 months, or by both such fine and imprisonment, at the discretion of the court. (Acts 1969, pp. 998, 1012.)
PART XXXII
NOMINATIONS FOR OFFICE FILLED BY GRAND JURY APPOINTMENT
59-318. 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 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 )
230

PART XXXIII
FLAGS
86-1205 Pledge of allegiance to State flag. The following is adopted as the pledge of allegiance to the State flag: "1 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.)
86-1208 Designation of custodian and distribution of State flags. The Secretary of State is hereby designated as the custodian of the State flag. From funds made available for such purpose, the Secretary of State shall procure State flags and he shall be authorized to furnish, without cost, to the various public schools of this State and to other departments and agencies, at actual cost, such flags for their use in displaying same. From such funds, he is authorized also to procure such flags, and facsimiles thereof, as may cause such flag to be sufficiently and properly made known and displayed.
PART XXXIV
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 embod.ed 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 aken as to provide such protection to employees of the State and the pohtica subdivisions of the State on as broad a basis as is permitted under the Soc.al 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 here.n, includ.ng 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 'Vages within the meaning of that Act.
231

(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 defined in the Social Security Act; or (2) service which undeV 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 has 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 Georiga, 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.
232

(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 survivors 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 shaU 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.
233

(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 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, be 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 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 policemen 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
234

218 (d) (7), of the Social Security Act. The positions of individuals who b come members of such system after such coverage is extended shall be Eluded in such division or part of such system composed of members deshing such coverage. The position of any individual which is covered by !nv eUrement system to which the preceding two sentences are applicable ZllTsuTindTvidual is ineligible to become a member of such system on
hP date of August 1 1956, or, if later, the day he first occupies such posit on be dlmed to be covered by the separate retirement system LnSing of the positions of members of the division or part who do not desire coverage under this chapter.
(e) As to the Superior Court Judge Retirement Fund of Georgia which is a refi ement fund divided pursuant to subsection 218 (d) (b) (c) of the Sod 1 Secudty Act, the position of any member of the division or part who doesnTde r" cov rage may be transferred to the separate retirement fund compolo positions of members who do desire coverage upon such term
nTcondit ons and at such time as permitted by the Federal law. In the even of such ransfer the employee contributions of such member quired for soc al security coverage shall be deducted by the State Treasurer and remitted to he S agency together with the required employer contributions and he State Treasurer is hereby authorized and directed to pay from fund
nnropr ated or otherwise available for the operation of the superior courts of he' St teof Georgia the required employer contributions on any such Isfld member8 (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: tor
S\ L the State agency a plan for extending the benefits of Title II of
&*AZ LU with vf^l^^Z
to employees of such political subdivisions, and the Adjutant General, act ng on beSofths State is authorized to submit and enter into a stmilar plan withbte State agency for extending said benefits to the ^jn^J^ the National Guard units of this State, who are, for the pu Poses ot ^ Chapter deemed to be separate coverage group as provided for in the Federal SocTl SecuUy Act. Each such plan and any amendments thereof shall be
Pproved by he State agency if it finds that such plan, or such p ans as S is in conformity with such requirements as are provided n rgulatiot of the State agency, except that np 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 provtdes that all services which constitute employment as
235
I

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 form 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 on 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 the State from other provisions of the Social Security Act, including grants in aid for public assistance and for 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 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
236

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 with 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 deTuct Z amount of such contribution from his wages as and when paKL Contributions so collected shall be paid into the contnbution ^P^d discharge of the liability of such political subdivision or instrumentahty unde 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, wim interest at the rate of six per centum per annum be recovered by Sn in court of competent jurisdiction against the P^"***TM" Lble 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 employeeswith^ the State agency as provided for in this section, fail to make collection from tteir Sployees'and to make reports and payments agreed to in theirW "coverage it shall be the duty of the State agency to notify the State 7rf Education of such failure, and thereupon it shall be the duty o the State Board of Education to withhold from such county board of education, independent board of education, area board of educUon Incorporaed town or incorporated city failing to make the reports and payments all appropriations allotted to such board of'education town or Sy, until such board of education, town or city has ^;om^dth^ provisions agreed to in its plan of coverage entered into with the State agency, and 5 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.
(0 Should the governingauthority of any county which has entered into a plan of coverage for its employees with the State agency as pr^ this section fail to make collection from its employees and to^rnakereports 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 fire and thereupon it shall be the duty of the State Highway Board and the State Treasurer to withhold from such county governing authorityM ^propriations for highway and road purposes allotted ^*TM^ Mich county governing authority has fully complied with the provisions
237

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 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,'
99-2105. Contribution fund, (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, not otherwise adjustable, made by a political subdivision or instrumentality; and (C) expenses incurred in the administration of this 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
238

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 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 ot 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 oncerning 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 as it considers proper. (Acts 1953, Nov. Sess., pn. 294,303.)
99-2108 Expenses. Administrative 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) ot the Social Security Act, on the question of whether service in posihons covered by a retirement system established by the State or by a political subdivision shall be excluded from or included under an agreemenl.under tYas Chapter The notice of referendum required by Section 218 (d) (3) (C) ot the Social Security Act to be given to employees shall contain or shall be
239

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 liabilities to which they will be subject, it their services are included under an agreement under this Chapter.
(b) Upon receiving evidence satisfactory 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 Constituion, 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 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 method 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
240

specific officials, which have no application to education officials or employees, are not included herein. See Code Ann., Sec. 99-2112 et seq.
PART XXXV
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 regulations, inquiry should be addressed to the State Department of Education, Atlanta, Georgia.
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 eivdence, 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. 194849, p. 128; Op. Atty. Gen. 1954-56, p. 280.
241

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 thereby 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 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 apprise 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.
242
H

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 set 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 Superintendent 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.
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 parties 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)
243

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.
244

INDEX

AGRICULTURE,

Extension work

105

ALCOHOLISM,

Study of

30

APPEALS,

County Board

95

State Board, regulations

242

Grants for education

80

APPLICATIONS,

Tuition Grants

80

ASSOCIATION, Freedom of
AUTHORITY FINANCING
AVERAGE DAILY ATTENDANCE

' 131-146
41,42

BIBLE,

Reading in school

'*

BLIND CHILDREN,

State Board to expend funds for

32

BLIND PERSONS, Georgia Academy For the Blind

179-180

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

108
82
120-131 136-144
34

BUDGETS, Approval under Minimum Foundation Program for Education. .48,58,61

BUILDINGS,

Construction of

120

CAPITAL OUTLAY FUNDS

52

247

CENSUS, Crime to give false information School
CERTIFICATION, Teachers and Professional Personnel
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 Reports of attendance 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

228 147,148
39
63, 68
94
35
26
32
15j 77 154
151 ..151
21 . .153 151-153
154
IO5 55,99
7 .5 15
'2 3 5 j

248



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
ONSTITUTION OF 1877, Systems prior to
ONTINGENCY FUND
ONTRACTS, Education of pupils Public Authorities
ORPORAL PUNISHMENT
ORRECTIONAL INSTITUTIONS, Educational Programs In
OUNTIES, Insurance Taxation, purposes of
OUNTY AGRICULTURAL AGENTS
OUNTY BOARDS OF EDUCATION, Adults, schools for Appeals Appeals from regulations Appointment, advertisement of in paper Bonds, issuance Budgets, approval Certificates of election

5 4 17 13 4 8 1 1 2 1 6,7,8,11,13,14,15,19 13 3 21 18 21
5
56
5 15,16
85
57,89
17 14
105
175 95 242 229 122 60 93

249

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

Quorum

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

250

94 75 93 106 99 124 5
2 227 155
5 38 102 91-106 92 102 103 33 77 100 102 4 117 94 149 95-98 92 94 93 106 105 91 95 9g 94 109 6 99 20 101 113 103 78-81 93 97


COUNTY COMMISSIONERS, Schools for adults, establishment of

175

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

107-j|*
108
^
'"'' . 1 ,,
l

CRIMES, Census, violation Compulsory school attendance Forging of certificate or license
Gifts to school officials Public School Employees Retirement System, Defrauding
Sales by Board members to Board Selling tickets to athletic contests Teachers certificates, forging
Teachers oath Teachers' Retirement System, defrauding
Textbook publishers, gifts by Tuition Grants, illegal use Uniform Textbook requirements

22g
'
2&
2 2
' lJ-

CURRICULUM, State Board to prescribe

DEAF CHILDREN, Special classes for State Board to expend funds for

251

DEAF PERSONS, Georgia School For the Deaf
DEBT, Counties, cities Limitation Temporary Loans To Pay Teachers
DEPARTMENT OF EDUCATION See Board of Education
DISABLED PERSONS, Vocational rehabilitation
DISABILITY BENEFITS, Teacher's retirement System
DIVISION OF VOCATIONAL EDUCATION SERVICE See Vocational Education
DIVISION OF VOCATIONAL REHABILITATION See Vocational Rehabilitation
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
EXEMPTION, Taxation
EXTENSION WORK, Vocational educational
252

179-181 jo 14 20
jig
j 5j 291
5 122 11 y j 25 jc 1, c , Q^ TM 230
8
157

FACILITIES, Contracts relating to
FEDERAL FUNDS, State Board to receive
FIRE ESCAPES
FIRE OR STAMPEDING HAZARDS

15
25
150 m 14a

FLAG,

230

Allegiance to

FUNDS,

,,_. t.

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

^
99
4Q
78-82 156-161

GEORGIA ACADEMY FOR THE BLIND AND SCHOOL FOR DEAF^

Generally Appropriations Funds, transfer of Inapplicability of other laws State Board of Education as trustee

jgQ jgQ
lg0

GEORGIA EDUCATION IMPROVEMENT COUNCIL

89-90

GEORGIA TRAINING SCHOOL, Textbooks
GRAND JURY, Appointments by, advertisement Board of Education, appointment County Board, selection of Loans, report to
GRANTS, Teachers Tuition grants for education
253

?3
229
^
92
' 1Q1
8
j 78-82

HOLIDAYS School
HOME ECONOMICS, Teaching of
HOMESTEAD EXEMPTION
ILLITERATE ADULTS, Schools 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
254

147
]05
175-176 129 107 . 117 103
17 29
30
43
77 33
177-179 53,177
100 75
55
102 77
^^^1

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

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 tor

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

Teacher-pupil ratio Textbooks, funds for Total cost of program Transportation of pupils, funds for Travel expenses of school personnel

Vocational Education

n7
^^ '"
#> " 57
*'
,? <u

' i
g4
*-^
& >
43 4Q 44
^

255

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
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
256

57 63 68
94
4 177
198 108 IjI 23 34 H2
21 148-149
g2 39 g2
183 188-191
79 g
211
I49
229
j 75 66

K

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

41 151-154
g5 55 230 77
7g_81
97
177
126
..63,68,240 21 98

REPOCRoTuSnt,y Superintendent of Schools
Principals Teachers

36 83 99,111
g2
99

RESEARCH, State Board to expend funds

30,67

RETIREMENT, Teachers Retirement System

181-212

SAFETY, Fire and Stampede

149-150

SALARIES,

40

Schedule of

44

School bus drivers

SALES BY BOARD MEMBERS, Illegal
SCHOOL BUILDING AUTHORITY FOR THE DEAF AND BLIND, Functions transferred

105
^

257

SCHOOL PROPERTY, Levy and sale, exempt from
SCHOLASTIC MONTH,
Defmed
SCHOLARSHIPS
SCHOOL AGE, Free Tuition
SCHOOL BUSES, See Transportation
SCHOOL DISTRICTS
SCHOOL LUNCHES
Fundsfor
SCHOOL YEAR,
Defined
SCHOOLS, ^d"lts 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 Holidays Home economics 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
258

204
38,146
8
j03
2 91 113
13,55
38,146
46,175 27 , 47 j g^
151-154
QO .Q,-
' 25 102 149_j 50
, 147 < ^c
43
7<117 " 140140 147 ' . ,,, ' 120-131 38 146 ... ' ' 155

Special Programs of Education Term, local board may extend, summer school Tuition grants Vocational
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 services
259

46 54 8> 78'81 170-174 21
*19
84
56> 17
230"239 23?
230
23"
233 12
240
39 f 23 23
155 32
171

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 Members Mentally retarded children Minimum Foundation Program, generally Oath Powers, duties Regulations of Research, funds for Salary schedules School buildings, approval of School buses 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
STATE FLAG, Display, allegiance to
STATE LIBRARY COMMISSION, Generally Funds for Gifts, donations Library boards
260

161-170 5
25 22 23 23 25 23 179 179 26 32 28 33 176 23 22 77 37-70 23 2,37 23,37,240 30 40,44 27 29
7 71 44 32 22 157 57
89
230
176 177 . 177 179

Muncipalities and subdivision establishment of libraries by Supervision Trustees

178 _

STATE SCHOOL BUILDING AUTHORITY, ,,Generanlly

Bonds Capital outlay funds paid to

Condemnation of lands

Contracts, leases

Creation, members

Definitions

teaTM



Legal investment, bonds as

Payment of rentals from Minimum Foundation

Program for Education

lProwjeicstts
Remedies of bondholders

Rentals

Sale of bonds

Sinking fund



Taxation, bonds and property exempt

Trust indenture

Validation of bonds

131-146 "
142
13j*
;::::::::: 132
144 j->

STATE SCHOOL BUILDING AUTHORITY FOR DEAF AND BLIND, Transfer of functions

STATE SUPERINTENDENT OF SCHOOLS,

Bond

,g

Civics, textbook

Duties

-

Election, office

Election, powers

Oath

34

Qualifications

173

Vocational education, executive officer

Report, annual

Salary

34

Secretary of State board

STUDENT HONORS PROGRAM

67

261

SUBROGATION, Vocational rehabilitation
SUMMER SCHOOLPROGRAM

169 54

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

SURPLUS PROPERTY,

State agency for

57

TAXATION, Bonds, to pay Collection of taxes Corporations Counties, purpose of Elections on Exemption from Homestead exemption Local, limitation on Local tax for schools Purposes

] 24 .114
jjg 13
j j5 g 9 5
114 11

TEACHERS, Allotment of Certification of Compulsory retirement benefits Examination and suspension Licenses Licensing Oaths Payment of Reports Retirement system Revocation of licenses Sick leave Vocational education, employment
TEACHERS RETIREMENT SYSTEM, Generally Actuary Administration of Annuity savings fund

41 39 191 .110 j 10 1U 112 ""4{ n8.U0 99 13 181-212 H2 j |o .160
181-212
199
1 pg 201

262

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 Teacher, defined Termination of membership Transfer of credits from Employees Retirement System Trustees Board of University system, participation

204 191-198
198 191
13 188 181-184 193-194 206,210 203 190
206 199 191 203 183,189 211
194 182 185 206,212 198 187

TELEVISION,

Educational programs

24

Local Share of expenses

47

TEMPERANCE DAY

147

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

43, 71-75 72 71 72 43 73 72
< 72 71

TRANSPORTATION,

Contracts with private persons

29

Distance from school, minimum

46

Funds, calculation of under Minimum Foundation Program

for Education

44

263

Loans to pay for Salary schedule School buses, standards State Board to provide funds
TRUSTEES, Appointment Appointment of Board of, Teachers Retirement System
TUITION GRANTS, Generally Illegal use crime
VACANCIES, State Board of Education
VACCINATION OF PUPILS
VENDING STANDS, Vocational rehabilitation
VETERANS, Tuition free
VISITING TEACHERS, Funds to pay
VOCATIONAL EDUCATION, Generally Area trade schools, establishment of Director 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
264

101 28,45
29 28,44
2 113 198
7,78-82 228
22
97
167-168
103
43
156-161 159
163 170
157 156
25, 56 158
55, 56 160
159 160
159 157
157 160 158

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

146
161-170 I"-5
161
163
166
165 57,165
1TM 169 167 164
169 167-168

265

.

\