Author Title Imprint. 16—47372-2 SPO School Laws 1911 AND 1912 s2f PUBLISHED BY THE Department of Education M. L. BRITTAIN, 5TATL SUPERINTLNDLNT OF SCHOOLS 1912 OCT 7 ^9'' c«<^ V 1911 SCHOOL LEGISLATION. AN ACT TO REVISE THE SCHOOL LAWS OF GEORGIA. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That there shall be a State Board of Education composed of six members, as follows : The Governor, the State Superintendent of Schools, and four other persons, who shall be appointed by the Governor of the State, two for two years and two for four years, their terms of office thereafter to be for four years each, or until their successors are ap- pointed and qualified. At least three of said appointees shall be men of practical experience in teaching schools and of high standing in educational work, having at least three years prac- tical experience as a teacher in the schools of Georgia, and being thoroughly conversant with the operation of rural schools. . Should a vacancy occur at any time in said Board it shall be filled by the Governor; provided, That the nomina- tion of the Governor for membership on the State Board of Education shall be subject to confirmation by the Senate; and provided further, That an appointment made when the Senate is not in session shall be effective until the Legislature convenes and acts on the appointment. No person who is now or has been connected with or employed by a school- book publishing concern shall be eligible to membership on said State Board of Education, and if any person shall be- come so connected or employed after becoming a member of said Board his place on said Board shall become vacant. Sec. 2. The said Board of Education shall take oaths of office and enter upon the discharge of their duties imme- diately after their appointment. They shall meet in the office of the State Superintendent of Schools. The Governor shall preside over their body as Chairman of the Board when it is practicable for him to be present ; but when he can not be present, they shall select their Chairman and proceed with 2 Compilation of Common School Laws. their business whenever a majority of the Board is present. The Board shall meet at least quarterly in regular session and at any other time when an emergency arises, and they shall be called together by the Governor of the State or State School Superintendent. The four appointees shall receive as compensation for their services $250.00 per annum each, which shall be paid out of the State Treasury on the warrant of the Governor and be allowed their actual traveling ex- penses in going and returning to their homes, upon submit- ting a sworn itemized statement, accompanied by -proper vouchers and not otherwise. The total expenses for the four appointees shall not exceed $100. Sec. 3. The State Board of Education shall provide rules and regulations for the supervision of all schools in the State. They shall provide the course of study for all com- mon and high schools of the State receiving State aid. They shall select and make out a list of text-books to be taught in said schools, which can be changed only every five years ; unless the peculiar conditions of any county or community demand certain changes, in which case, the County Board, together with the County Superintendent, shall make appli- cation to the State Board suggesting such changes and give their reasons therefor, whereupon if the said Board sees •proper, their request shall be granted. Provided, This clause shall in no way afiect the present State adoption of books. This Board of Education shall be the final court of appeal to hear and decide all matters which have been appealed from the State Superintendent of Schools. They shall determine the necessary office force of the State Superintendent of Schools, and shall fix the compensation of the same. Not however, to exceed $1,800.00 per annum more than at pres- ent paid. Sec. 4. Each county in the State shall constitute a school district and the public school funds shall be apportioned among the several districts by the State Board of Education as now provided by law. They shall also provide for normal instruction of teachers in each of the districts, either by institutes or otherwise. They shall have power to compel the attendance of teachers upon such normals and institutes, 1911 School Law. to provide penalties for non-attendance, to provide for the examination of the teachers of said State, and to grant licenses to those that are qualified who desire a State or special license. Sec. 5. Be it further enacted, That in the place of the State School Commissioner the office of State Superintend- ent of Schools is substituted; provided, That the person now holding the office of State School Commissioner shall serve as State Superintendent of Schools during the remainder of the term for which he was elected, and exercise all of the duties now exercised by such official, in addition to pow- ers herein granted. The term of office shall be for two years and until his successor is elected and qualified. He shall be elected as the present State School Commissioner is elected and exercises the same powers, except as herein- after may be changed or altered. Sec. 6. Be it further enacted. That upon entering the discharge of his official duties, the State Superintendent of Schools shall give bond in the penal sum of Ten Thousand ($10,000) Dollars to the State of Georgia, with some ap- proved surety company which shall be acceptable to the Sec- retary of State, conditioned that he will truly account for and apply all money or other property which may come into his hands in his official capacity for the use and benefit of the purpose for which it is intended, and that he will faith- fully perform the duties enjoined upon him by law. He shall take and subscribe an oath to diligently and faith- fully discharge the duties of his office. The bond with cer- fied endorsement thereon, shall be filed with the Secretary of State, the premium charged for said bond shall be paid out of the treasury of the State. Sec. 7. In addition to the powers hereinbefore given, the said State Superintendent of Schools shall be the Secre- tary and Executive Agent of the State Board of Education, for which services he shall receive One Thousand ($1,000) Dollars. Sec. 8. Be it further enacted, That to render a person eligible to hold the office of State Superintendent of Schools he shall be a man of good moral character, of high educa- 4 Compilation of Common School Laws. tional standing, have had at least three years' practical expe- rience as a teacher, or in lieu thereof shall have a diploma from a reputable college or normal school, or shall have had five years' experience in the actual supervision of schools, and be at least thirty years of age. Sec. 9. The State Superintendent of Schools shall carry out and enforce all the rules and regulations of the State Board of Education and the laws governing the schools of the State receiving State aid, he shall from time to time make such recommendations to the State Board as may affect the welfare and efficiency of the public schools throughout the State"; he shall have authority to suspend a County Super- intendent 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. The State Superintendent of Schools shall have power, with the consent and approval of the State Board of Educa- tion to appoint three State School Supervisors, whose pro- fessional qualifications shall be the same as State Super- intendent's who shall act under the direction of the State Superintendent of Schools and fill the place of the experts provided for in the Acts of 1891, which were amended in 1892 and 1893. The salaries paid these Supervisors shall be fixed by the State Board of Education and shall not exceed Two Thousand Dollars each per annum, together with neces- sary traveling expenses ; provided, The same shall not exceed $2,000 dollars. The Supervisors shall keep itemized state- ments of their expenses, which shall be sworn to monthly and approved by the State Superintendent of Schools and be paid out of the State Treasury. It shall be especially the duty of these Supervisors to act as instructors of institutes to give State normal instruction and training as the State Superintendent may direct in each county ; to grade the papers of applicants for professional certificates or State licenses and to aid • generally in supervising, systematizing and improving the schools of the State under the direction of the State Superintendent of Schools. 1911 School Law. 5 Sec. 10. The State Superintendent of Schools with the advice and approval of the State Board of Education, shall appoint one person who shall be a competent and experienced bookkeeper and accountant at a salary of Two Thousand Dollars per annum, together with his actual traveling ex- penses, whose duty it shall be to thoroughly audit and check the books and accounts of County Superintendents and the Treasurers of local school systems, of municipal systems, of the State University and all its branches, including the Dis- trict Agricultural Schools, the State College of Agriculture, Technological Schools and all other schools receiving State aid and make regular annual reports to the State School Superintendent showing the amount received, for what pur- poses received, and for what purposes expended. All such funds held by officials must be kept in banks separate from their individual bank accounts. He shall be allowed his traveling expenses from itemized statements sworn to, as the Supervisors are allowed theirs in the foregoing section, pro- vided the total expenses shall not be more than $1,000 per annum. Sec. 11. It shall be the duty of the State Superintendent of Schools, in addition to the powers already granted, that in the event of a misapplication of any of the funds apportioned to any of the institutions of learning or schools receiving State aid he shall at once proceed to recover the same by the institution of proper procedure in the courts of competent jurisdiction after demand is made upon the party misapply- ing the funds to settle same. Should it become necessary to procure additional legal services other than that of the Attor- ney-General, the Governor is authorized to procure special or local counsel and arrange to pay for the recovery of said funds, such fee out of the funds collected as is usual and customary in the locality where the suit is instituted. Sec. 12. Be it further enacted, That the office of County Superintendent of Education shall be substituted for the office of County School Commissioner ; provided, That . the persons now holding the office of County School Commis- sioner shall continue to serve as County Superintendent of Schools during the remainder of the term for which they 6 Compilation of Common School Laws. were elected respectively. In the regular election for State- house officers prior to the expiration of the present term of office of the County School Commissioner, there shall be elected by the qualified voters of each county in this State a County Superintendent of Schools, whose term of office shall be for four years ; and every four years thereafter there shall be an election for the purpose of filling such office. The duties of the County Superintendent of Schools shall be the same as those of the County School Commissioner, except as hereinafter changed. It shall be his duty to enforce all regulations, rules, and instructions of the State Superin- tendent of Schools and of the County Board of Education according to the laws of the State and the rules and regula- tions made by the said State Board of Education that are not in conflict with the State laws ; and he shall, together with the State Supervisors hereinbefore provided for, 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 sixty (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 other- wise aid and assist in the advancement of education. Sec. 13. He shall superintend examinations of all teach- ers of his county as provided by law. He shall hereafter suspend any teacher under his supervision for a non-per- formance of duty, incompetency, immorality or inefficiency, and for other good and sufficient cause, from which decision the teacher may appeal to the County Board of Education, and either being dissatisfied with their decision, they can appeal to the State Superintendent or from there to the State Board of Education, the decision of which shall be final. Sec. 14. Before any person shall be qualified or eligible to the office of County Superintendent of Schools, he shall have had at least three years' practical experience in teaching, one year of which shall have been in the schools of Georgia, hold a first grade license, or in lieu thereof shall have a diploma from a reputable college or normal school, or shall 1911 School Law. have had five years' experience in the actual supervision of schools, or stand an approved examination before the State Board as to his qualifications, and be a resident of the county in which he offers for election, be a person of good moral character, never convicted of any crime involving moral tur- pitude. The County Superintendent shall perform all the clerical duties which are now required of the County School Commissioner. Sec. 15. Be it further enacted, that each County School Superintendent within the State of Georgia shall receive a minimum salary of $450.00 per annum, and an annual allow- ance of $150.00 for the purpose of defraying the expenses of visiting the schools within his county at least every sixty (60) days, or a total of $600.00, which salary shall be paid out of the school funds of Georgia monthly; and in addition thereto, the county Board of Education shall allow such additional compensation for the services to be rendered as may be in their judgment proper and just. Sec. 16. Be it further enacted. That the County Board of Education shall consist of five (5) members as now pro- vided by law and selected by the grand jury as now pro- vided by law, except that the grand jury in selecting such members shall not select one of their own number then in session, nor shall they select any two of those selected from the same militia district or locality, nor shall they select any person who resides within the limits of a local school system operated independent of the County Board of Edu- cation, but shall apportion members of the Board as far as practicable over the county; they shall select men of good moral character, who shall have at least a fair knowledge of the elementary branches of an English education and be favorable to the common school system. Sec. 17. Be it further enacted. That the County Board of Education shall have and exercise all the powers that are now exercised by the County Board of Education except as may be herein changed ; provided, That the County Superin- tendent 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 8 Compilation of Common School Laws. their selection, they shall organize by selecting a chairman. The County Superintendent shall act as Secretary of the Board, and keep the minutes of their meetings and make a permanent record of the same and do any other clerical work that they may direct him to do. Said board may suS'pend the County Superintendent same as State Superintendent, and may suspend teachers same as County Superintendent. In each case there may be an appeal to State Board. Sec. 18. Be it further enacted. That after the passage of this Act, the Board of Education of any county shall have the right if, in their opinion, the welfare of the schools of the county and the best interests of the pupils require, to consolidate two or more schools located in the same or differ- ent districts into one school, to be located by said Board at a place convenient to the pupils attending the same, said school-house to be located as near the center of the district or districts involved as -practicable. Whenever two or more schools are consolidated as hereinafter provided, the County Superintendent shall call an election of trustees for said con- solidated schools from the district or districts concerned ; said election shall be held in accordance with the provisions of existing law, and the result determined and declared by the Board of Education. The County Board of Education shall have the further power, when the best interests of schools demand, to separate or divide any school district into two or more school districts and to provide for the election of a Board of Trustees for each of said districts, and to do all other things for the government and control of said dis- tricts as is herein provided for the organization and control of school districts. Provided, That such County Boards of Education shall have authority to establish two schools in any school district in this State if they deem it best to do so. Sec. 19. Be it further enacted, That whenever in the opinion of the County Board of Education, the best interests of the school demand, the Board of Education shall have the right to consolidate two or more districts or parts of districts or to add any part of one district to any other dis- trict or to change the line or lines of any district at any time, when, in their judgment, the best interests of the schools require such change, into one school district with the purpose 1911 School Law. 9 of the election of the Board of Trustees and of the location of the school at some central place as hereinbefore provided; but should as many as ten of the patrons of the said school or schools object to the consolidation, it shall be the duty of the County Superintendent to call an election to be held in said district or districts affected, giving thirty (30) days notice of same by publishing the same once a week for four weeks in the paper in which County advertisements are pub- lished, and also by posting notice at three or more public places in the district, or districts to be affected thereby, at which election should a majority of the qualified voters vote for consolidation, the schools shall be consolidated; otherwise, not. The result of such election shall be determined and declared by the Board of Education and the same shall be held as other elections are held. Sec. 20. Be it further enacted, That whenever the County Board of Education deems it for the best interest of a school, it shall have the right to provide means for the transportation of the pupils to and from said school; pro- vided, That no school is estabhshed in three miles of the pupils to be transported; provided, fiirther, That this shall only apply to school or schools where two or more districts have been combined or consolidated and such other schools that are now furnishing transportation. No school trustee, teacher, or superintendent of county schools shall be in- terested financially in the transportation of pupils. Sec. 21. Be it further enacted. That it is not the inten- tion of this Act to repeal or interfere with the laws which have been enacted establishing local tax district schools, municipal schools, or other schools already established by law, except that no person shall be allowed to teach in any school in the State of Georgia receiving State aid without first standing an examination and procuring a license as provided by the State Board of Education and State Super- intended; provided, They are hereby authorized and directed to prescribe and require a different examination of teachers who are engaged in teaching primary grades only, from that required of teachers of higher grades; provided, nevertheless, That the State Board of Education may, when the authorities 10 Compilation of Common School Laws. in charge of any local municipal schools are maintaining a sufficiently high standard of examinations for its teachers, delegate to the authorities of these systems the right to license teachers, to teach in their respective systems, upon examina- tions to be .provided by such local authorities, reserving, however, to the State Board of Education the right to revoke this delegation of authority as to any local system whenever it appears that the authorities of that system have relaxed the standard or failed to give examination. Nothing herein contained shall be construed as affecting the right of the authorities of local municipal systems to prescribe the courses of study therein, or select text-books, in those schools where they are now allowed to do so by law. Sec. 22. Be it further enacted, That none of the pro- visions of this bill shall apply to local county school systems which were in existence at the time of the adoption of the Constitution of 1877. Nor shall any of the provisions of this act apply to the school system of any municipality having a population of one hundred thousand people or more. Sec. 23. Be it further enacted, That no member of the State Board of Education or any appointees of said Board or any other person or persons that has the authority of selecting or in any way aiding in the selection of school books for the schools of Georgia shall not for themselves or any member of their respective families receive any gifts, com- pensation or remuneration of any kind from any school- book publishing house, corporations, individuals, or the agents or representatives of either, nor shall any person, pub- lishing house or corporation engaged in publishing or the sale of school books offer to any of said board or their families or appointees any gift, compensation or renumeration, directly or indirectly. Any person violating the provisions of this sec- tion shall be guilty and punishable for a misdemeanor. Should any of the aforementioned publishing houses, corporations or persons engaged in publishing or selling school books offer to any of the aforementioned oft"icers, their families or ap- pointees any such compensation, remuneration or reward of any kind, it shall be their duty to report the same to the grand juries of their respective counties, and on failure or 1911 School Law. 11 refusal to do so, they or either of them so faiUng or refusing shall be guilty and punishable for a misdemeanor, and such officers on conviction thereof shall be removed from office. Sec. 24. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. AN ACT To provide for special examination of applicant for the office of county School Commissioner in certain cases and to provide for the expense thereby incurred, and for other purposes. Section 1. Be if further enacted by the General Assem- bly of the State of Georgia and it is hereby enacted by authority of same, That from and after the passage of this Act whenever at a regular examination held for County School Commissioners as now provided by law, no applicant makes the required 85 per cent., then in such cases the State School Commissioner shall order a second examination, or as many more as may be necessary until some applicant who is otherwise duly qualified to hold said office shall attain the required 85 per cent. Sec. 2. Be it further enacted by the authority aforesaid, That in all cases where there has been for any cause no legal election for County School Commissioner at the regular biennial election, and in case of the election to this office of a candidate not qualified, then it shall be the duty of the Ordinary of such county to call a special election to fill this office and he shall fix the time for said special election not later than sixty days prior to the expiration of the term of office of the then County Commissioner, subsequent to the examination provided by the State School Commissioner. Sec. Be it further enacted by the authority aforesaid, That the expenses of all special elections herein provided for shall be paid out of the County Treasury as in case of general elections. Sec. 4. Be it further enacted by the authority aforesaid. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Note. — This legislation has been practically nullified by the General Act passed later, known as the White BiU. 12 Compilation of Common School Laws. 1912 LEGISLATION. AN ACT To provide for issuing bonds for the .purpose of building school houses in school districts in which a local tax is now or may hereafter be levied for school purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That when one-fourth of the registered qualified voters of a school district in which a local tax is now, or may hereafter be levied for school purposes, shall be filed with the Board of Trustees of such a district, a petition asking for an election for the purposes of determining whether or not bonds shall be issued for the purpose of building and equipping a school house or houses for said district, the required number of peti- tioners to be determined by said Board of Trustees, it shall be the duty of said Board of Trustees to fix the amount, de- nomination, rate of interest, and dates when due, and call such election in terms of law now provided for a county issue of bonds, except as herein otherwise provided. The said Board of Trustees, in case the election is for a bond issue, shall follow the law as required of county authorities as em- bodied in Section 440, et sequitur, of the Code of 1910, Volume 1, in the issue thereof. Said Board of Trustees may order such election to be held on the school site or other suitable place in the district, of which they shall give notice by posting same at three public places in said district, not less than ten days previous to said election. None but registered qualified voters shall be permitted to vote in said election. The ordi- nary shall furnish a certified list of registered voters in such school district to the managers of the election thirty days before such election is held. The ballots cast shall have writ- ten or printed thereon "For School House" or "Against School House." The ballots cast and the voting list shall be lodged with the said Board of Trustees who shall declare the result. Said Board of Trustees, or a majority of them, shall be the 1912 Legislation. 13 election managers, and if for any reason they fail to act, any three freeholders of the district may qualify and act. Sec. 2. Should bonds be issued and sold, the proceeds shall be turned over to the Board of Trustees in trust for the purpose of erecting a school building or buildings which said Board may deem suitable. Said Board of Trustees is author- ized to remove, sell or otherwise dispose of old building or buildings and grounds and select a new site and erect a new building thereon, and add to the proceeds from the sale of bonds any other proceeds which may come from disposition of building or buildings and site, or from donations or other- wise, all to be held in trust to be used for the purpose afore- said, and no compensation shall be paid to said Board of Trustees nor to any member thereof for service. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1912. 14 Compilation of Common School Laws. AN ACT To require the Treasurer or Secretary and Treasurer of any board of trustees of a public school receiving money raised by local taxation for public schools, or otherwise, to give bond, to keep an accurate set of books, to submit his books to the county superintendent of schools, to be audited by the State Auditor and to further provide the duties of such Treasurer, or Secretary and Treasurer and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, it shall be the duty of the treasurer or the secretary and treasurer of any Board of Trustees of a public school receiving money raised by Local Taxation for public schools, to make a good and sufficient bond for the faithful performance of his duties, payable to the County Board of Education in a sum not less than double the amount of money likely to be received by him during his term of office, the amount and sufficiency of said bond to be judged by the County Board of Education, which amount may be increased in the discretion of the County Board of Education. Sec. 2. Be it further enacted by the authority aforesaid, That in the event the Treasurer or Secretary and Treasurer as aforesaid, shall fail to make the bond required in the first section of this Act, then and in that event, any money raised by Local Taxation for public schools or otherwise, which unde the laws should have been paid over to the Treasurer, or the Secretary and Treasurer, shall be paid over to the County Board of Education, to be by them paid out on the orders of the Board of Trustees of such school district in the manner other moneys are paid out by them. Sec. 3. Be it further enacted. That the Treasurer or Sec- retary and Treasurer as aforesaid shall not pay out any money as held in his hands, except upon the order of the Board of Trustees, signed by the president or chairman, of which he is Treasurer or Secretary and Treasurer. He shall further in all 1912 Legislation. 15 cases take a receipt for all moneys expended or paid out, which shall be attached to the order for same, which, when properly done, shall constitute a proper voucher for the money thus paid out. Sec. 4. Be it further enacted by the authority aforesaid, That the Treasurer or the Secretary and Treasurer as afore- said, shall keep an accurate account of all money received and paid out by him in a substantially bound book, which together with all vouchers, shall be submitted once each year to the County Superintendent of Schools to be audited by the State Auditor when he shall audit the County Superintendent's books, but the County Board of Education may direct that any other competent person audit these books. Sec. 5. Be it further enacted by the authority afore- said, That the provisions of this Act shall apply only to those school districts which have adopted or may adopt Local Taxa- tion for public schools under the district plan as provided under Section 1535, Volume 1 of the Code of 1911. Pro- vided further that the provisions of this bill shall not apply to any Secretary or Treasurer who receives no compensation. This Act shall not apply to any municipal system of schools in this State. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved August 19, 1912. 16 Compilation of Common School Laws. AN ACT To fix and maRe uniform the term of office of County Super- intendent of Schools and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the term of office of County Superintendent of Schools in each and every county of the State of Georgia shall begin with the first day of January 1913 and terminate with the first day of January, 1917, and that the said County Superintendent of Schools shall be elected for a term of four years as now provided by law at the same time and places as state and county officers. Sec. 2. Be it further enacted that the term of office of all County Superintendents of Schools beginning during the year 1912, shall continue until the first day of January, 1917, or until their successors are elected and qualified as is now pro- vided by law. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1912.