Class L B> 2, 5 2.3 Book f y^S. t -THE- Common School Laws OF THE t STATE OF GEORGIA ATLANTA, GA.: Geo. W. Harrison, State Printer. (Franklin Printing Hdtise.) 1892. \ —THE— Common School Laws OF THE STATE OF GEORGIA. U* *u*m* ATLANTA, GA.: Geo. W. Harrison, State Printer. (Franklin Printing House.) 1892. yl Allii 4 uivjii 6. Qf a Office State School Commissioner. Atlanta, Ga., February 25, 1892. The last edition of the school laws having been exhausted, and some material changes having been made in the Act of 1887 by recent legisla- tion, I deem it important to publish a new edi- tion. This edition embraces all the amendments and changes to the general law which apply to the Common School System. Amendments to the Act of 1887 are incorporated in the different sections to which the}' refer, and other changes and additions are given in full. Legislation in reference to local systems, since these systems are independent of the State system, is only al- luded to, and no mention is made of the higher institutions of learning for the same reason. This is intended to be a compilation of the Com- mon School Laws which apply to the Public School System of the State. It will be of great value to the school officers and teachers and ought to be carefully preserved. S. D. BRADWELL, State School Commissioner. SCHOOL LAWS. Section 1. Be it enacted by. the General As- state semblv of the State of Georgia, and it is hereby §^**°* "-i i i' r» -i mi -i/~i iiiCtucation. enacted by authority of the same, lhat the Gov- ernor, the Attorney-General. Secretary of State, the Comptroller-General and the State School Commissioner shall constitute the Georgia State Board of Education. Of this Board the Governor shall be ex officio president, and the State School Commissioner the chief executive officer. The _ , ... _--.,.. n< i i /-< • • i • Clerk oi the Clerk of the State School Commissioner, as herein- Board, after provided for, shall be the Clerk of the State Board of Education. He shall be the custodian of its records, papers and effects, and keep minutes of its proceedings, and said records, papers and minutes shall be kept in the office of the Com- missioner, and shall be open to inspection. Sec 2. That the said. Board shall meet, upon Meetings. the call of its President or a majority of its mem- bers, at the office of the State School Commis- sioner at the Capitol, or at such other place as may be designated in the call. A majority of~ , J - rt iin ■ c i 1 l Quorum. the Board shall constitute a quorum tor transact- ing business. Sec 3. That said Board may take and hold, to Donations it and its successors, in trust for the State. any^JJ 1 ^" grant or devi.se of lands, or any donation or be- poses, quest of money, or other personal property, made to it for educational purposes, and shall forthwith place in the hands of the Treasurer of the State for safe-keeping all moneys and personal property so received, and titles to land, taking therefor a receipt from said officer. When it is evidently ('(minion School Laws. < Seal. State Board an advisory body. Appeals* the intention of the donor or devisor that the corpus of moneys thus received is not to be used, the Genera] Assembly may, from time to time, invest said moneys in the name of the State ; provided, that all moneys obtained under this sec- tion, together with the profits accruing from their investment, shall be subject to use only for edu- cational purposes. The Treasurer of the State shall pay to the order of the Board the income or principal thereof as said Board may, from time to time, require in pursuance of law, but no dis- position of any devise, donation or bequest shall be made inconsistent with the conditions or tenor of the devise, donation or bequest. For the faith- ful keeping of all property or moneys so received by the Treasurer, he shall be responsible, upon his bond to the State, as for other funds received by him in his official capacity. Sec. 4. That the State Board of Education shall procure a suitable seal, which shall be used for the authentication of the acts of the Board and the important acts of the State School Com- missioner. Sec. 5. That the State Board of Education shall constitute an advisory body, with whom the State School Commissioner shall have the right to consult when he is in doubt as to his official duty; and also a body in the nature of a court, to which appeals shall be from the decision of the State School Commissioner upon any ques- tion touching the construction or administration of the school laws, and the decision of the State Board, when rendered, shall be final and conclu- sive upon the matter in issue. Appeals to the State Board must be made through the County Commissioner in writing, and must distinctly set forth the question at law, as well as the facts, in the case upon which the appeal is taken, rpon any question involving the construction or administration of the school laws, the concur- Common School Laws. 7 rence of a majority of the whole board shall be necessary in order to give validity to the de- cision. Sec. 6. That the State School Commissioner state shall be appointed by the Governor and con-|^^J igi firmed by the Senate. A suitable office shall be sioner. furnished him at the seat of government, at which the books and papers relating to the busi- ness of the office shall be kept. He shall be charged with the administration of the school laws, and a general superintendence of the busi- ness relating to the common schools of the State. He shall prescribe suitable forms for the reports required of subordinate school officers and blanks for their guidance in transacting their official business, and shall, from time to time, prepare and transmit to them such instructions as hefonrS? e may deem necessary for the faithful and efficient execution of the school laws, and by whatsoever instrue- is thus communicated to them shall they be tlons ' bound to govern themselves in the discharge of their official duty; provided, nevertheless, there shall always be an appeal from the State School Commissioner to the State Board of Education as hereinbefore enacted. Sec. 7. That it shall be the duty of the State visits School Commissioner to visit, as often as possi- Counties - ble, the several counties of the State for the pur- pose of examining into the administration of the school law in said counties, of counselling with school officers, of delivering popular addresses, of inspecting school operations, and of doing such other acts as he may deem subservient to the in- terests of popular education. j» Sec 8. That it shall be the duty of the State Apportion- ] tL/^ School Commissioner to disburse the common school / school fund in the following manner : He shall an- fund - nually apportion equitably the State school rev- enue to the different counties of the State upon the basis of the aggregate of children between six s Common School Lair Order on Tux- Col- lector. Notice of apportion- ment. Duty of Tax-Col- lector. i >rder re- ceived as cash. - Sunool ( !omn sionertoiti' si iiiite suits. Report i i State ( lommis- sioner. Contents. and eighteen years of age in each eounty. After the annual apportionment of the State school fund has been made, and when the County School Commissioner of any county shall give official notice to the State School Commissioner that the common schools of his eounty are within three weeks of closing, the latter named officer shall execute an order on tin 1 Tax-Collector of the county in favor of the County School Com- missioner for the quota of the common school fund apportioned to the county, signing the or- der officially and affixing thereto his seal of office, and transmit the same to the County School Com- missioner. Sec. 9. That the State School Commissioner shall send the notice of apportionment to the Tax-Collector of each county as soon as the ap- portionment is made, and it shall be the duty of the Tax-Collector to retain in his hands, of the taxes first collected, a sufficient amount to pay the sum mentioned as the county V quota in the notice of apportionment, and to pay the same to the County School Commissioner as soon as the order of the State School Commissioner is pre- sented. Sec 10. That the Treasurer of the State shall receive tli'' order of the State School CommC- sionerascash in settling with the Tax-Collecter. Sec. 11. The State School Commissioner shall ■hal the proper actions* provided by law are brought against all officers and agents of the sys- tem, who are liable to the same, for misapplica- tion of the school fund or other cause. Sec. 12. That the Stale School Commissioner shall make n hicnni> f report to the General As- sembly, in which/he shall present a statement of 1 he condition and amount of all h\\\^\< and prop- erty appropriated to the purpose ^( public educa- tion : a statement of the number of common and public scho/ls. of the various grades, in the Stat" ; Common School Laios. 9 the number of scholars attending such schools ; their sex, color and the branches taught : a state- ment of the average cost per scholar of instruction under the common school system in each county; a statement of the plans for the management, ex- tension and improvement of the com raon 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 of colleges of dif- ferent kinds in the State ; the number of pupils in such schools or colleges, their sex, the branches taught, the average cost per scholar of tuition in said schools and colleges; to organize and estab- lish in each county in Georgia a Teachers' County county "~V Institute for the assembling and instruction of stitutes J the common school teachers of each county in sessions, the State, said institute to hold an annual ses- sion of one week's duration in each county of Georgia in the period of June, July and August, or in such other month as the State School Com- missioner may deem best and expedient ; pro- vided, however, that the State School Commis- sioner may, in his discretion, combine the an- Sessions nual session of said institutes, or any number of Combined them, so that the same may be held in any county designated by him ; to prepare a pro- gramme of exercises, with a syllabus of each subject named in said programme, for each clay's Pro- session of said institute ; to require County School s ramme - Commissioners to operate, at their regular per operation diem, said institute sessions under such general of ' etc# rules and regulations as he may deem best; toAttend'nce require all persons, white and colored, teaching by teachers in Georgia, or having licenses entitling them to teach in the State, provided that those not teach- ing have not permanently retired from teaching, to attend all sessions of said institutes held in the county of their residence, and perform all duties required of them as members of said institutes, 10 Com iimn School Lavs. unless providentially prevented ; to secure a prompt attendance of the teachers upon the ex- ercises of said institutes by causing the County School Commissioners and county Boards of Ed- Fines, ucation to collect such fines from absentees as may be deemed just and reasonable by said Com- missioners and Boards: provided, that no teacher shall be fined till he or she has stated the cause of his or her absence, in writing, to said Commis- sioners and Boards, and they have duly consid- ered the same; provided further, that all money thus collected shall be used in purchasing teach- ers' libraries for the counties in which said fines separate may be collected ; to provide separate institutes for forwhite the white and the colored ; to pay from the edu- and colored cational fund of each county an amount not to teac ers. excee( j twenty-rive dollars per annum for the Experts, purpose of securing the services of an expert in conducting the week's session of the institute of said county, which expert shall be chosen by the County School Commissioners and County Board of Education, which expert shall assist in con- ducting the exercises of each annual week's session of said institute in the county where he is thus employed; to cause all sessions of said Sessions at institutes to be held at county sites, or such other countysite, pi aces as may be selected by the County School Commissioner, and allow all persons so desiring to attend the sessions of said institutes : pr< visitors, that all visitors shall be subject to the rules and regulations of said institute.- while attending the Payof exercises of the same: to pay teachers, wh attendine Schools have to be closed oil aeeollllt of said where week's session of said institute, their regular sal- c?ose. ls aries; and to prescribe, from time to time, such other rules and regulations as he and the County School Commissioners may deem best for suc- cessfully operating said institutes ; provided furthi r 3 that the County School Commissioners shall es- tablish Teachers' County Institutes for the public Common School Lairs. 11 school teachers of each county, to hold monthly Monthly sessions, on one Saturday in each month, duriiig c ?^y S £ the term of public schools, said* Saturday to be statutes, etc determined by the County School Commissioner; said monthly sessions to be governed and con- ducted by the County School Commissioner, as hereinbefore prescribed for annual sessions of the Teachers' County Institutes; and in order that he may be able to carry the foregoing into exe- cution, he shall have the right to require of the County School Commissioners to make such re- Reports ports as he may prescribe upon the subjects herein ^Stte Ubor " mentioned, and in default of complying, as far school offi- as may be practical, with this requirement, cers ' such County School Commissioners shall not be entitled to compensation for their official serv- ices. He shall also have the right to make the foregoing requirements of the. President of the Board of Education, or chief executive officer, of any public school organization in this State, operating under any special law, and until the requirement is complied with said organization shall not receive the pro rata part of the State School Fund to which it would otherwise be en- titled. Sec. 13. That the State School Commissioner salary and shall be entitled to receive for his services the expenses, sum of two thousand dollars annually in quar- terly installments. All his necessary traveling expenses incurred in the performance of his offi- cial duties, and all postage and other expenses absolutely necessary arising in his office, shall be paid by the State. He shall also be entitled tocierkof employ one clerk to aid him in his official du-|^f 0l ties. His clerk shall receive an annual salary, Commis- not exceeding twelve hundred dollars, to be paid S10ner * quarterly. The salaries and other expenses named in this section shall be paid out of the State School Fund on Executive warrant. It shall also be the duty of said Commissioner to 12 Common School Laws. keep an itemized account of all expenses con- nected with his department, which account shall be audited by the State Board of Education. Sec. 14. That before entering upon the dis- oath. charge of his official duties, the Commissioner shall take and subscribe to the same oath required of other officers of this State. Sec 15. That hereafter each and every county in the State shall compose one school district, ty a a b scSooi and shall be confided to the control and manage- district. me nt of a County Board of Education. Sec 16. That the grand jury of each county Grand jury (except those counties in which the election of eiectBoardthe County Board of Education is otherwise pro- ofEduca- ^^g^ by i aw ) j n ^jg estate shall, from time to time, select from the citizens of their respective counties five freeholders, who shall constitute the County Board of Education, three of whom shall be elected for two years and two for four years, but members of the Board chosen after the first election shall hold for the term of four years ; Persons provided, however, that no publisher of school Fnterested y books, nor any agent for such publisher, nor any in sale of person who shall be pecuniarily interested in the -?b]e Sir '" sale of school books, shall be eligible for election - a member of any Board of Education or as County School Commissioner in any county in this State. Sec. 17. That whenever members of a County cierk of Hoard are elected or appointed in pursuance of counter- the provisions of the above section, it shall be the tifiesto duty of the Clerk of the Superior Court to tor- ward to the State School Commissioner a certified statement of the facts, under the seal of the court, signed officially by him, as evidence upon which to issue commissions, and the corresponding evidence of the election of a County Commis- sioner shall be the certified statement of the Secre- tary pro tern, of the meeting of the Board at which the election was held. Any member or members election. Common School Laics. 13 of a County Board of Education shall be remov- Rem val able by the Judges of the Superior Court of the from office county, on the address of two-thirds of the grand £f Board?* 8 jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office ; that the Judge of the Superior Courts of this State shall have the power to fill vacancies by appoint- ment in the County Boards of Education for the Vacancies - counties composing their respective judicial circuits, until the next session of the grand juries in and for said counties, when said vacan- cies shall be filled by said grand juries. Sec. 18. That the Board of Education shall President elect one of their number President, who shall ofBoard - serve as such during the term for which he was chosen a member of the Board. The County School Commissioner shall be ex officio Secretary Secretary, of the Board. A majority of the Board shall constitute a quorum for the transaction of busi- ness. 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, M i nutes - all their official proceedings, which shall be a public record open to the inspection of any person interested therein, and all such proceedings, when so recorded, shall be signed by the President and countersigned by the Secretary. Sec. 19. That it shall be the duty of the sessions. County Board of Education to hold regular ses- sions on the first Tuesday of the month succeed- ing their election, and each three months there- after, at the court-house of the county for the transaction of business pertaining to the public schools, with power to adjourn from time to time, and in case of the absence of the President or Secretary, they may appoint one of their own Exemptioi] number to serve temporarily. The members of from jury the Board shall be exempt from road, jury and duty,etc ' militia duty, and shall receive no other compen- sation. 14 Common School Laws. Sub school districts. Location of schools. Additional schools. Bound- aries. Board employs teachers. Contracts in writing. School Trustees. To fill vacancies. Sec 20. That the County Board shall layoff their counties into sub-school districts, in each of which sub-school districts they shall establish one common school each for white and colored races where the population of the two races is suf- ficient, which schools shall be as near the center of the sub-school districts as can conveniently be ar- ranged, reference being had to any school-house already erected, and population of said sub-school districts, and to the location of white and colored schools with regard to contiguity; provided, how- ever, that in such sub-school districts where more than one school is demanded, then they may establish one or more additional schools in such sub-school district ; and provided also, that when- ever it becomes proper to lay off new sub-school districts, or alter the boundaries of those already laid off, the said Board shall have full power to make such changes as the public necessities may require. The said County Boards are also em- powered to employ teachers in the manner here- inafter pointed out, to serve in the schools under their jurisdiction, and the contracts for said service shall be in writing, signed in duplicate by the teacher on his own behalf and by the County School Commissioner on behalf of the Board. That the County Boards of Education, when- ever, in their opinion, the good of the schools in their respective counties demand it, may, at their discretion, at their first meeting after the passage of this law, appoint three intelligent, upright citizens of each sub-district of their re- spective counties to act as School Trustees for their sub-districts, naming one of the app6intees to serve for one year, and one for two, and one for three years ; and as vacancies occur by the expiration of the terms of incumbents, the Boards shall fill those vacancies with appointees whose term of service shall be three years; and should vacancies occur by death, resignation or Common School Laws. 15 otherwise, the Boards of Education shall fill these vacancies for the unexpired term : and whenever School Trustees are chosen as herein provided, the fact shall be recorded in the min- utes of the County Boards, and the appointees shall receive certificates of their appointment from the County School Commissioner, and these certificates shall be their sufficient warrant for entering upon and performing the duties ot their office. That it shall be the duty of the School Duties of Trustees herein provided for to supervise thej^ 110 ^ school operations of their sub-districts ; to visit the schools, and to make such recommenda- tions to the County Boards, in relation to the school interests of their sub-districts, as may seem to them best, and especially in the mat- ter of choosing teachers for their sub-districts. It shall be their right to recommend appli- cants, and it shall be the duty of the County Boards to choose as teachers the persons so recom- mended; provided, they shall be persons duly . qualified and eligible according to the provisions of existing law ; and furthermore, it shall be the duty of the School Trustees, in recommending persons as teachers, to recommend those persons who, in their opinion, are the choice of the com- munities to be served ; and it shall furthermore be the duty of the School Trustees to make a written report, once a year, to the County Boards in relation to the matters committed to their supervision, or oftener if required by the County Boards of Education. Sec. 21. That the County Boards of Education School shall have power to purchase, lease or rent school Property, sites; to build, repair or rent school-houses; to purchase maps, globes and school furniture, and to make all other arrangements of this kind nec- essary to the efficient operation of the school un- der their care ; and the said Boards shall also be, and are herebv invested with the title, care and 16 Common School Laws. custody of all school-houses, sites, school libra- ries, apparatus, or other property belonging to the sub-districts, as now defined, or as may here- after be defined, in their several counties, with all power to control the same, in such manner as they think will best subserve the interests of com- mon schools; and when, in the opinion of the Board any school-house site has become unnea sary or inconvenient, they may sell and com sale. the same in the name of the* County Board of Education, such conveyance to be executed by the President or Secretary of said Board accord- ing to the order of the Board. They shall have Donations. P ow . er to receive any gift, grant, donation or devise made for the use of common schools within their respective counties: and all convey- ances of real estate which may be made to said Board shall vest the property in said Board of Education and their successors in office. It shall also be the duty of said Board of Education to make arrangements for the instruction of the children of the white and colored races in separate Sight schools - The y shall, as far as practicable, provide separately, the same facilities for both races in respect to at- tainments and abilities of teachers and length of term-time ; but the children of the white and colored races shall not be taught together in any common or public school of "this State; and in respect to the building of the school-houses men- schoor goftmnedin this section, the said Board of Educa- houses. tion may provide for the same, either by labor on the part of the citizens of sub-districts to be served, or by a tax on their property, as may be hereafter provided. Sec. 22. That the County Board of Education county shall eonstitute a tribunal for hearing and deter- Boarda mining any matters of local controversy in refer- tritSi. ence t0 tne construction or administration of the school law, with power to summon witnesses and take testimony if necessary : and when they have ( 'o/ii mon Srh oot La wz, [ : made a decision-, said decision shall be binding upon the parties to the controversy • provided^ Appeal td that either of the -parties shall have the right togjljjfj appeal to the State School Commissioner, andcommis- said appeal shall be made through the County sioaer ~ Commissioner in writing, and shall distinctly set forth the question in dispute, the decision of the County Board and the testimony, as agreed upon by the parties to the controversy, or if they fail to agreee 5> upon the testimony as reported by the Commissioner. Sec. 23. That the County Board of Educa- tion shall prescribe, from time to time, what text-^oks books and books of reference shall be used in the common schools of the county : provided, that the Bible shall not be excluded from the common - or public schools of the State; and provided cannot be further, that when such text-books are prescribed, excluded - they shall not be changed for five years there- after, except by a three-fourth vote of all the Board ; and provided further, that the County Boards shall not be permitted to introduce into the schools any text or miscellaneous book of a sectarian or sectional character. No teacher shall receive pay for any pupil who is allowed to use any other than the prescribed text-books. Sec. 24. That the County Boards of Education shall, from the citizens of their counties, select a sXf County Commissioner of Education, who shall oommis- be ex officio county superintendent of the common sloner " schools, and who shall hold his office for the tefm of four years. Before election the applicants Examine^ for position of County School Commissioner*' shall be examined by the President of the County Board of Education, or by some one appoint<*&^by him or the Board for that pur- pose, upon written or printed questions, which shall be furnished t.o the Board by the State School Commissioner — said examination to be upon the subjects taught in the common schools, tion 18 Common School Laws, Election. Bond Oath. upon the science and theory of common school- teaching and government and upon such other subjects as the State School Commissioner may deem proper. The said County Board of Edu- cation shall then elect such applicant County School Commissioner, who has stood satisfac- tory examination, taking into consideration the moral character, business qualifications and general availability of each applicant. The County School Commissioner so elected shall be required to give bond with good security, paya- ble to the County Board of Education, condi- tioned upon the faithful performance of his duty under the law, the amount and sufficiency of the security to be judged by the County Board of Education. Sec. 25. Before entering upon the discharge of his official duties, the said Commissioner shall take and subscribe to the same oath required of the other officers of this State. Sec 26. The County School Commissioner may be removed from office before the expiration ?rom°o V fflce of his term by a majority vote of the Board of Education for inefficiency, incapacity, neglect of duty or malfeasance or corruption in office ; pro- vided, that any Commissioner so removed shall have the right of appeal from the action of the County Board to the State School Commissioner, and from the State School Commissioner to the State Board of Education. Sec 27: Should there be a vacancy in the office of County School Commissioner, by resig- nation or otherwise, an examination and election for the remainder of the vacant term shall be held in the samp manner and by the same authorities as for that of a full term. Sec 28. That the County Commissioners shall examine all applicants for licenses to teach in applicants their respective counties, giving previous public fouach 18 * notice of the day upon which the examinations Appeal. Vacancy. Examina tion of Common School Laics. 19 are to take place, and said Commissioners shall be allowed to invite such persons as they may think proper to assist in these examinations. Applicants to teach in the common schools shall be examined upon orthography, reading, writing, English grammar, geography, arithmetic, and the science and practice of teaching in common schools. Said examinations shall be held through- out the State on a day or days to be fixed by the State School Commissioner, and by questions prepared and sent out by him to the County ss c School Commissioners. The State School Com- prepares missioned- shall also prepare and supply the questlons * County School Commissioner with printed in- structions as to the grading applicants on and by a uniform grade, and shall fix the lowest stand- ard f^r each class of licenses ; no applicant for teachers' license shall be examined on any other day than the one designated as above pre- scribed, except in cases where the County Board of Education shall order a special examination ; no special examination shall be ordered by special ex- said board except for g:ood and sufficient rea-^^ on r & of appli- sons and to meet same special emergency. In cants for such cases the questions shall be prepared by teachers. "* the County School Commissioner, or by some competent person under his authority, and their Questions, contents shall not be made known to the appli- cant or applicants until the examination actu- ally commences ; said examination shall be con- Rules for ducted under the same rules and regulations special ex- . , t n , p ,, ° . animations as are provided by law for other examina- tions, but the license granted shall be valid only Licenses, until the next examination ordered by the State School Commissioner, and it shall not be lawful for the County School Commissioner of an} T County county other than that in which said special ex-J^tm- amination is held to indorse a license granted ploy teach- thereunder. The County Board of Education Sifaiy* 20 ( 'amnion School Lcih - ( louDty Srli, ol ( 'onuni*- sioner grades papers and makes reports. Board licenses. Grades of license. 1' 'rraanenl State license. shall have power, il they deem best, to employ teachers ;)i a salary. ^ Sec. 29. It shall be the duty of the County School Commissioners, after thorough examina- tion of the papers submitted by applicants for licenses as teachers, upon the examination con- ducted as prescribed in tin- preceding section, to grade the applicant according to the instructions furnished them by the State School Commis- sioner, submitting his report and recommenda- tions thereon in writing to the County Board of Education, who shall grant to the applicants licenses of the first, second or third grade, to he determined by the qualifications exhibited and the standard attained: provided, they shall ob- tain at least the lowest grade-mark fixed by the Stale School Commissioner for each grade": and provided further, that each applicant submits with his or her examination paper satisfactory evi- dence 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 entitle teachers holding them to he employed for and during the period of their licenses in any of the common >ols of the county where issued. Licenses, to lie good in another county than the one in and for which they are issued, must he indorsed by the County School Commissioner of the county in which the applicant desires to teach. Sec. 30. After passing upon the examination papers as hereinbefore provided, if, in the opin- ion of the County School Commissioner, any oi' more of them exhibit unusual merit, he shall forward such papers to the State School < oinmissioncr. together with his certificate of the good moral and professional character of the applicant, and if, in the opinion of the State School ( 'onimissioiier. said papers exhibit a sutli- Common ScJiooi Lou*. 21 cient degree of merit, he shall issue a permanent teacher's license to the applicant, which license shall be good in any county of this State, and which shall only be revocable by the State School Commissioner for good and sufficient cause. Sec 31. That the County Commissioner shall have power, and it shall be his duty, to revoke of license? 11 licenses granted by him. or his predecessors, for incompetency, immorality, cruelty to pupils, or neglect of his duties, and the revocation of the license of any teacher shall terminate the con- nection of said teacher with any school which he may have been employed to teach ; but any teacher so dismissed chall have the right to ap- Appeal peal to the County Board of Education, whose decision shall be final. Sec 32. That the County Commissioner shall Duties of constitute the medium of communication between c°mmjs 001 the State School Commissioner and the subor- sioner. dinate school officers: that he shall visit each visits school in his county at least once during the schoo[s - school term, or twice if practicable, and oftener if ordered by the Board, and without notice to the teachers, for the purpose of inspecting its management and the modes of instruction, and of giving such advice and making such suc- tions as shall tend to elevate it in character and efficiency. He shall be the agent of the County Board in procuring such school furniture, appa- ratus and educational requisites as they may order to be purchased, and shall see that none but the prescribed text-books are used by the pupils: that it shall be his duty to audit all Audits accounts of teachers and others before an appli- acc cation is made to the County Board for an order for payment, and that the said County Commis- sioner shall procure a book, in which he shall Keeps keep a record of his official acts, which, together records, with all the books, papers and property apper- 22 Common School Laws. tion of County School Commis- sioner. CI taining to his office, he shall turn over, on his resignation, or at the expiration of his official term, to his successor. Sec 33. That the said County Commissioner Compensa- shall receive such compensation as the County Board may allow him. not to exceed three dol- lars per day, to be determined by the County Board of Education, for each day actually em- ployed in the discharge of his official duties, the same to be paid out of the educational fund furnished to the county. His claim for services shall be presented in the form of an account against the County Board of Education, and shall be verified by affidavit, to the effect that the said account is just and true ; that the service therein named was honestly and faithfully ren- dered, and that the sum therein claimed is right- full} 7 due and remains unpaid. When said account shall have been duly audited and ap- proved by the County Board, the said Commis- sioner shall retain his pay out of the revenue aforesaid ; provided, that the County Board of Education shall determine the number of days in each year in which said County Commissioner may labor in the performance of the duties required of him. Sec. 34. That it shall be the duty of the Reports of teachers to make and file with the County Com- missioners, at the expiration of each term of school, a full and complete report of the whole number of scholars admitted to the school during said term, distinguishing between males and females and colored and white, together with the names thereof and the entire and the average attendance, the branches taught, the number of pupils engaged in the study of each of the said branches, and such other statistics as he or she may be required to report by the County Com- missioner, or by the State School Commissioner, and until such report shall have been prepared, teachers. Common School Laws. 23 sworn to and filed by said teacher as aforesaid, it shall not be lawful for said County Commissioner to audit the account of said teacher for his or her services. Sec. 35. That each and every lot or parcel of Exemption land which has been or may be hereafter ob-?^chooi tained by purchase, or in any other way, by any from County Board of Education for the use of com- taxation - mon schools, together with any school building that may have been or shall be erected thereon, and all school furniture, shall be exempt from all taxes, State and county, and from levy and sale under any execution or other writ or order in the nature of an execution ; provided, that the lot of land so exempted shall not exceed four acres, and if there be any excess over that number of acres, then that portion, not to exceed four acres, most convenient for school purposes shallbe exempt as aforesaid, the exempted portion to be set off by order of the County Board. Sec. 36. That admission to all common Admission schools of this State shall be gratuitous to all the gratuitous children between the ages of six and eighteen C hSdem of years residing in the sub-districts in which the SGho( >i age. schools are located ; provided, that colored and separate white children shall not attend the same school ; whSeand 1 " and no teacher receiving or teaching white and colored, colored pupils in the same school shall be allowed any compensation at all out of the Common School Fund. In special cases, to meet the obvi-rupiis ous demands of convenience, children residing in SSSS&ict one sub-district may, by express permission of the °r county County Board, attend the common schools of an- u other sub-district ; and when a common school is located near a county line, children from the ad- joining county, in cases where convenience re- quires, may, by concurrent consent of the County Boards of the respective counties, be permitted to attend the school, and in such cases, the teacher shall make out two accounts for his services, one ^ •_'l Common School Lavs. Manual la- bor schools / Evening I schools. against each County Board, in amount propor- tioned to the number of children in the school from the respective counties. Sec 37. That the County Board of Education shall have power to organize in each county one or more manual labor schools on such a plan as shall be self-sustaining; provided, that the plan be first submitted to and approved by the State Board of Education. Sec. 38. That the Board of Education of any county shall have the power to establish, at such places as they may deem proper, within the limits of their jurisdiction, a suitable number of even- ing schools for the instruction of such youth over twelve years of age as are prevented by their daily avocations from attending day schools, subject to such regulations, not inconsistent with the pro- visions of this Act and the instructions issued under it by the State School Commissioner, as said Board, from time to time, may adopt for the government thereof. Sec. 39. That the academic and calendar or civil years shall be coincident, and that it shall and school b e the dutv of the State School Commissioner, coincident, by the 15th day of January of each year, or as soon thereafter as practicable, to communicate to the County Board of Education of each county an approximate estimate, computed upon the same basis as that mentioned in section 8 of this Act, of the pro rata part of the State School Fund falling to said county for that year, andassoon thereafter as the County Board shall communicate satisfactory evidence to the State School Commis- sioner that arrangements have been made by them Board must by taxation or otherwise, for continuing the com- s.'hu/ls" m on schools, free to all. in operation for at least throughout three months in the year, throughout the entire rorthree V county, as hereinafter provided, said county shall mouths. be deemed and held entitled to draw her propor- tionate part of the State Fund through the ap- Calendar State School Commis- sioner's e timateof probable school fund. Common School Laws. 25 pointed channels whenever said fund is ready for distribution. Sec. 40. That whenever a County Board of Forfeiture Education, or Board of Education of any city, of school shall hereafter fail in any year to make arrange- relieved °' mentstoput schools in operation, said county, or a £ ainst - city, as the case may be, shall forfeit all right to participation in the school fund of that year, un- less the failure to arrange for schools was from providential cause, or other good and sufficient reason, the sufficiency of the reason to be judged of by the State Board of Education. Sec 41. That any county or city, which has Forfeiture failed to put schools in operation in any past year, jjjy^ 8 * and has never received its pro rata part of the State School Fund for that year, shall still be entitled to receive through the properly constituted authori- ties of the county or city that pro rata ; provided, that the County School Commissioner of such county shall receive no compensation from the school fund of said county for such year, except for services rendered in taking the enumeration of the school population. Sec. 42. That the apportionment of the State Date of School Fund required by the eighth section of this ment rtI ° u Act shall be made by the State School Commis- sioner each year by the first of July, or as soon thereafter as practicable, and when the funds drawn under that apportionment, as well as any other school funds raised by local taxation, are placed in the hands of any County Commissioner, he shall be holden for all amounts so received up- on his official bond as Treasurer, and shall dis- Liability of burse the same only upon the order of the County g°JJ£jf * Board of Education, and the said County Com- qommis- missioner shall not be entitled to compensation Jj°^ for for receiving any school funds but as provided funds, herein. Sec 43. That for the support and mainte- nance of the common schools of this State the 2b' ('<>i,i mm, School LaWS. cesof polltax, special tax on shows and exhibitions, all School taxes on the sale of spirituous and malt liquors, fund. dividends upon the stock of the State in the Bank of the State of Georgia, Bank of Augusta, Georgia Railroad and Banking Company, and such other means or moneys as now belong by law to the Common School Fund, one-half of the proceeds of the rental of the Western and Atlantic Railroad, or one-half the annual net earnings of said rail- road as ascertained by subtracting the annual cost of running and keeping up the road from the annual gross receipts under any change of policy which the State may adopt hereafter in reference to said railroad ; all endowments, devises, gifts and bequests made, or hearafter to be made, to the State or State Board of Education ; the pro- ceeds of any commutation tax for military ser- vice ; all taxes which may be assessed on such domestic animals as from their nature and habits are destructive to other property ; all money re- ceived by the Agricultural Department of this State for the inspections of oils and fertilizers in excess of what may be necessary to defray the ex- penses of said Agricultural Department ; the net amount arising from the hire of convicts of this State, after all expenses that are now or may here- after be made a charge upon said fund shall have been deducted from the gross amount thereof; f any educational fund now belonging to the State (except the endowment of and debt due to the University of Georgia), and such other sums of money as the Legislature shall raise by taxation or otherwise from time to time for educational purposes, are hereby declared to be a common fiool fund; and when said common school fund shall be received and receipted /or, from whatever source received, it shall be the duty of the officer authorized by law to receive such fund to keep 1? ( * Money arising from the lease of oyster lands was made a part of On- School Fund m 1889. Common School Lows. 27 the same separate and distinct from other funds, and said fund shall be used for educational pur- poses and none other, and shall not he invested in bonds of this State, or in other stock, except when investment is necessary to carry out the con- ditions of an endowment, devise, gift or bequest, and when taxes are paid into the treasury of the State the Comptroller-General shall in no case receipt a Tax-Collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amounts paid in. Sec. 44. That all poll tax collected in this Po u tax. State, shall from and after the passage of this Act, be paid over to the County School Commissioners of the several counties of this State, and be by the County Boards of Education in the several Retained counties of this State paid out, without any de- counties, duction for fees or salaries of officers, to the sup- port of the common schools in the respective counties where said poll tax was raised. Sec. 45. That County School Commissioners school and members of the County Boards of Educa-^f^to tion shall be empowered 'and authorized to administer -i i,i i • oatns. administer such oaths as may be necessary m transacting school business, or in conducting investigations before the County Boards when sitting as judicial tribunals for determining con- troversies arising under school laws. Sec 46. That it shall be the duty of the Report and County School Commissioner of each of thejg^^ counties of this State to make a report of the School school operations of the preceding year to the ^^p 113 * grand jury, at the spring term of the court, and glutted to place his books before them for examination ; jury. 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. Sec 47. That it shall be duty of the County 28 Com mi ni School Laws. Enumera- tion of school population Estimate from U. S. census. Enumera- tors of the school census. Their duties. Compensa' tion. oath. and City Boards of Education of this State to cause an enumeration of the children between six and eighteen years of age to be made under instructions from the State School Commissioner, in the year 1888, and every ten years thereafter, as hereinafter prescribed. In the year 1893 and every ten years thereafter it shall be the duty of the State Board of Education, in the early part of the year, to have an estimate made from the last census taken by the authority of the United States, of the number of children of school age in each county of the State, and in each town or city under a local school law. and if, from the evidence thus obtained, or from other evidence of any kind, the said Board shall become satis- fied that a new enumeration of the school popu- lation ought to be taken for any county or coun- ties, or for any town or city, or the entire State, it shall be their duty to order the said enumera- tion to be taken accordingly. Sec. 48. The different County or City Board- shall employ one or more competent, reliable persons to take the enumeration above mentioned in their respective jurisdictions, and the person so employed shall go from house to house, mak- ing a thorough canvass of the territory assigned them, taking the number of children between the ages of six and eighteen years, and distin- guishing between the sexes and races. The per- sons thus employed shall be known as enumera- tors of the school census, and shall take and report any additional statistics required by the State School Commissioner. They shall receive as compensation a per diem not to exceed two dollars in the counties, or two dollars in the cities, or in city and county where the same aiv under local laws, to be paid out of the school fund of the jurisdiction in which the work is done. They shall, moreover, be required to make oath that the work done by them has been Common School Laws. 29 carefully and faithfully done according to the true intent and meaning of this Act, the form of oath to be prescribed by the State School Com- missioner ; provided, that nothing herein con- tained shall be construed to prevent the County Boards from employing the County School Com- missioners to do the work contemplated in this section. Sec. 49. The State Board of Education is state hereby empowered to order at once a new enum- Board can eration when they are in doubt as to the accuracy enumera- w of the return made from any county or city; but tion - the enumerators first making their returns shall receive no compensation in case it is found their enumeration was not correct. In case their enumeration is verified by the second enumera- tion, then both shall be paid, but the amount paid them shall be deducted from the school fund appropriated to this special territory. Sec. 50. The respective County or City Boards are hereby empowered to fix, within the tioifof emi- limits prescribed above, the per diem compensa- merators - tion of the enumerators of the school census employed by them. Sec 51. That whenever the Board of Educa- tion of any county within the State shall have schools. 6 ™ 1 entered into a contract with a teacher to teach a common school in •dny sub-district within its jurisdiction in accordance with this Act, it shall be lawful for said teacher to enter into a supple- mental contract with the patrons of said school to teach a private elementary school in connection with said common school, and to embrace the period allowed by law for the said public term ; JJbnsh 5 " 'provided, that the contracting with teachers under mentieft the provisions of this Act shall be left to the cretion of discretion of the several County Boards of Boards - Education. Sec 52. That upon said private supple- mental contract being examined and approved 30 Com mo n School Loirs. contract ^y ^ ie Board °f Education of the county in with pa- which said school is located, it shall be the duty approved* 6 °f sa ^ teacher to enter, as pupils in said private by Board, school, all scholars of common school age (regard being had to separate schools, as now required by law) who may enter said school at any time within the term or scholastic year of said private Pupils may school. It shall be the duty of said teacher to attend dur- keep an accurate account of the number of such vale partof pupils and the number of days actually attended the term, ^y e ach pupil, and when said private school shall have closed, said teacher may make out an account against the County. Board of Education for the full number of days each of said pupils may have attended said schools, not to exceed the whole number of days now or hereafter to be prescribed by law; provided^ that nothing in this Act shall be so construed as to prevent any common school scholar from entering said school as pupil, if the parent or guardian of said pupil shall elect to enter him or her for the period of the public term and upon the merits of the common school fund only. That no teacher shall be contracted with unde Teachers the provisions of this Act until he or she has ucense° ld been duly licensed as a common school teacher; that every teacher contracted with under the provisions of this Acl shall be required to make I 1 ™* make the same reports and returns to the County reports. K . . ■ bchool Commissioners as arc now required ol teachers of common schools in this State, and until said private schools shall have been taught according to contract, and said reports and returns are so made, it shall not be lawful for the Board of Education to pay him or her for such services as such teacher. Sec. 53. That nothing in this Act shall be so Local construed as to prevent any city with a popula- schooi tion greater than two thousand inhabitants, or any county or town under authority of the Common School Lair*. 31 General Assembly of this State, from organizing a public school system independent of this system, or to prevent the said independent organization from drawing its pro rata share of all educational funds raised by the State ; provided, the chief executive officer of such independent organization shall make the same regular reports to the State School Commissioner as are required from the County Commissioners by this Act; provided further, that nothing contained in this Act shall be construed to annul or repeal any local law now of force in any city or county in this State providing for the organization and maintenance of the common or public schools in such city or county. For information the following general laws re- lating to the common schools are appended : LOCAL TAXATION BY COUNTIES FOR COMMON SCHOOLS. An Act to provide for Local Taxation by coun- ties for the support of Common Schools, and for other purposes. Section 1. Be it enacted by the General As- sembly of the State of Georgia, That from and maybe' after the passage of this Act a local tax to sup- leyied ' plement the State tax in support of the common schools, may be levied and collected in any county in this State in which a county school system is already in existence in the following manner to- wit : Whenever two successive grand juries of the county shall recommend in their general present- ^SSation ments that a local tax in said county shall be by grand levied to supplement the State tax in support of jures ' Local tax 32 Common School Laws. Election to determine. Rules for election. Ballots. Consolida- tion of votes. Declara- tion of result. Effect of election. Amount of •ix. etc. its collee- taon, etc. the common schools of the county, the Ordinary of said county shall order an election to be held, after giving public notice thereof, once a week for four weeks, in the paper in which the sheriff's advertisements are published, and by posting the notice at the court-house door for at least four weeks previous to the time fixed for said election. Said election shall be held under the same rules and regulations as those governing the election of county officers, and all qualified voters of the county, and none others, shall be al- lowed to vote at the same. In said election the bal- lots shall have printed or written upon them the words, •' For Local Taxation for Public Schools," or " Against Local Taxation for Public Schools." The managers of the election shall consolidate the votes as now provided in elections for county officers, and shall then file the returns with the Ordinary, who shall declare the result. If two- thirds of the persons qualified to vote at said election have voted for local taxation for public schools, the Ordinary shall certify the same in writing to the County Board of Education. The County Board of Education shall then, at a reg- ular meeting, or at a special meeting, of which due notice has been given to each member, pro- ceed by order or resolution to levy a tax not ex- ceeding one-fourth of one per cent. "'/ vcdorenij upon all the taxable property of the county as shall appear by the county digest. The County School Commissioners shall make out a certified copy of the order or resolution, fixing the rate of said tax, and shall deliver the same t<> the Tax-Collector of the county on or before the first day of September in each year, and the Tax-Col- lector shall collect said school tax according to the vote so levied in the same manner as other county taxes are collected, and he shall promptly pay over the funds so arising t<> the County School Commissioner, who shall receive and hold the Common School Laws. 33 same subject to be applied by the County Board Useof of Education for the support of the common funds, schools of the county in addition and supple- mentary to the funds received from the State, and said tax may be levied and collected from year to year, as above provided, without holding any other election for that purpose ; provided, that General any county in which a county school system is J^Sher 101 * already in existence, but where the funds as now election. provided by law, are insufficient in the opinion where? of the County Board of Education, for the sup- fund s . port of the schools, may obtain the benefits of may have this Act by complying with all the provisions of {£? A*ct ° f the same. . „ Sec. 2. Be it likewise enacted, That if there shall Towns with be in the county an incorporated town, or towri "schooissus- having a local school system of its^own, sustained local taxa- by local taxation, in addition to its quota of^jg^ funds received Irom the State, the residents of said incorporated town or towns shall not vote in the election held as aforesaid, nor shall the taxable property embraced within the corporate limits of said town or towns be subject to the county school tax levied as aforesaid. Sec. 3. Be it likewise enacted, That in deter- Method of mining whether two-thirds of the qualified voters de termin- have voted for local taxation for common schools whether at the election held as aforesaid, the registration SjoSty lists last completed before the election shall be obtained, considered the correct enumeration of the quali- fied voters in those counties having registration laws, and the number of names of citizens ap- pearing upon the books of the Tax-Collector as having paid their poll or property tax, if any, for the preceding year, shall be considered the cor- rect enumeration of the qualified voters in those counties not having registration laws. Sec. 4. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 16, 1891. Common School Laws. School to be estab- lished. Location, etc. Commis- sioner. Terms of office. ESTABLISHING STATE NORMAL schools. An Act to establish, organize and maintain a State Normal School as a branch to the Uni- versity, to appropriate money for the same. and for other purposes. Section 1. Be it enacted by the General As semblv, and it is hereby enacted by the author ity of the same. That there shall be established in connection with the State University, and forming one of the departments thereof, a State Xormal School for the education and training of teachers for the common schools of this State. Said school shall be located, equipped and con- ducted, as is hereinafter provided. Sec. *2. Be it further enacted by the authority aforesaid. That said school shall be located at Rock College, Athens. Georgia, and for the pur- poses of said school, said Rock College and the land contiguous thereto, not less than six or more than ten acres, tendered by the Board of Trustees of the University to the State for said purposes, are hereby accepted by the State, as tendered in the resolution of said Board of Trus- tees reported to this General Assembly by the Governor. Sec. 3. Be it further enacted by the authority aforesaid, That the immediate charge of said school shall be in a Commission to be eomposed of the State School Commissioner and the Chan- cellor of the Universty for the time being, and three citizens of Georgia experienced in teaching, to be appointed by the Governor, one for a term of two years, one for four years and one for six years from the dates of their appointments, which Commission shall be the local board of said school. Sec. 4. Be it further enacted by the authority Common School Law*. 35 aforesaid, That said school shall be a part of the To be University of this State and under the control of state # and management of its Board of Trustees, which Umversit y- board shall have authority, from time to time, Govern- to prescribe, in connection with said Commis-Sc" °* sion, such special features, and open such depart- ments of training and instruction therein, as they shall think the progress and advancement of the times require. They shall also have authority to ordain and establish such rules and by-laws for the regulation of the school and the training and governing of the students, not inconsistent with this Act, as in their opinion may be proper to secure the success of said school. Sec. 5. Be it further enacted by the authority officers of aforesaid, That the officers of said school shall scnools - be a president and such other professors, teachers and instructors M may be necessary, in the opin- ion of the Board of Trustees, to carry on the school in accordance with the intention of this Act. The Chancellor of the University of Georgia shall have a general supervision of said school. The officers aforesaid shall be elected, and their salaries fixed either directly b}^ the Board of Trustees, or through said Commission or Local Board. Sec. 6. Be it further enacted by the authority Tuition, aforesaid, That the tuition in said school shall be free to all white male students w T ho are resi- dents of the State of Georgia. The rates of tui- tions to others who are not residents of this State shall not exceed one hundred and fifty dollars ($150.00) per annum. Sec 7. Be it further enacted by the authority Local aforesaid, That the five persons named in the TrSees third section of this Act shall be a Local Board of Trustees for said school, with perpetual suc- cession as herein provided. It shall always be charged with the immediate control, supervision 36 Common School Loirs. and management of said school, subject to the said Board of Trustees of the University. Sec. s. Be it further enacted by the authority F ertvof aforesaid. That all property purchased under the schools.* authority of this Act shall be tree from liens or incumbrances, and title to the same, as well ;is any donations that maybe made to said Commis- sion or Local Board, or to the Board of Trust of the University, for the purposes of said school, shall he taken in the name of the Trustees of the University in their corporate capacity, and said property shall become the property of the State of Georgia, and shall not be alienated by any one. nor shall any valid Lien he created thereon, either by the erection of any buildings thereon, nor by the act of any person, nor by the operation < )f law. Sec. 9. Be it further enacted by the authority comper.sa- aforesaid, That the said Commission or Local tiouof Board shall serve without compensation, except board. that their actual expenses, while they are away from their several places of residence attending to the duties of said Commission shall be paid by the warrant of the Governor drawn upon the Treasurer. Sec. 10. Be it further enacted by the authority ? ation aforesaid, That all students, residents of this tobe State, entering this school, shall sign an obliga- studems^ tion in writing to teach, within the next live years after their leaving said school, such a length of time in the common schools of this State as they spend as Students in .-aid Normal School. Certificate To said students in said Normal School may he cieney. granted by the Faculty of said school and the Chancellor of the University certificates of profi- ciency, stating in general terms what brand of education tic students have been prepared to teach, which certificates shall authorize the holders thereof to teach in the common schools of this Stat<'. without further examination, ac- Common Srl/ooi Lairs, 37 cording to the grades specified in their certifi- cates, and such diplomas to graduates as may be prescribed by said Board of Trustees. Sec. 11. Be it further enacted by the authority aforesaid. That all laws and parts of laws incon- sistent with this Act be, and the same are. here- by repealed. "Approved October 21, 1891. SETTING APART A DAY AS ' L ARBOR DAY." An Act to encourage tree planting, and to con- serve the forests of the State by setting apart the first Friday in December as " Arbor Day." and for other purposes. Section 1. The General Assemblv of the State First of Georgia do enact, That the first Friday in De- timber 11 cember in each year shall be set apart and conse- "Arbor crated as a day for tree planting, and shall be ay ' known throughout the State as u Arbor Day." Sec 2. Be it further enacted, That it shall be the duty of the State School Commissioner to ^nc^of. take the matter of the observance of "Arbor Day" by the public, under his general supervi- sion, and through the County School Commis- sioners to cause the public schools of the State to observe "Arbor Day" as the superintendents and teachers may think best, in order to show the pupils the value and beauty of forestry by practical tree planting on school, church and other public lots, lawns, as well as on the public highways. Sec 3. Be it further enacted, That all law 7 s and parts of law T s in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1890. LEJL'09 JF" sSSfe'i 1 1 1 l l l IHHHHBKHHHHHM '■**& 1 \ -~i f^^^'^Sra^^^^ra^'-."'^ . :H^ _j&|t. 9BE ■■%>"■ ■ '>?•) ^H 4^- 1 B ^^^^^^^B