Gass L , w2^6 2 » ^ Book v &t . COMPILATION OF LAWS RELATING TO COMMON SCHOOL SYSTEM AND List of State Educational Institutions OF OEioi^ca-i-^. 1903, ATLANTA, QA. Geo. W. Haerison, State Pbintee (The'Fbanklin Printing and Publishing Co. February, 1903 COMPILATION OF LAWS RELATING TO COMMON SCHOOL SYSTEM AND List of State Educational Institutions .-'^ v\ OF ^A oEOKsi^. L ,^^ ^4=.^-U^ o4< 1903. ATLANTA, GA. Geo. W. Harrison, State Printer urer for all the funds standing to the credit of each of t>e drawn. the several counties upon the books of the Treas- urer, or for such part thereof as may be needed to liquidate the indebtedness of the County Board of Education of such countv, as show^n by each item- „ ■' . ^ -^ — ^ Payment ized statement aforesaid. And the State Treasurer ot money shall, upon the presentation of the warrants afore- warrants, said, draw his checks for the amounts of said war- rants in favor of the County School Commissioners ^. . 11 o 01 ^ r^ DisDurse- ot the several counties, and the State School Com-mentby missioner shall immediately transmit said checks to schoof the several County School Commissioners, who shall promptly disburse the money so received in payment of the sums set out in the itemized statement afore- said ; and if the money is not sufficient to pay said n^inM- sums in full, then it shall be prorated among the fid^Ued-^^ ^ ^ various items ; provided, that the expenses of admin- ness. 3890, _ istration for each m.onth shall first be paid in full, ^^°^ ' * and the County Boards of Education are hereby au- when thorized to make their contracts in such manner that ™nde7con- the amounts payable to teachers for services rendered [''I'^J^g^g*^ shall becom.e due and payable monthly. 1887^° Sec. 34. That beginning with January ist, 1895, page 78. ^^^^ continuing thereafter, the school year shall be ^^5°°^ coincident with the calendar year, to wit : from coincident 1 r J 1 With calen- January ist to December 31st thereafter, and the dar year. State School Commissioner, State Treasurer, and Comptroller-General shaU, on or before the first Tuesday in December each year, begining in 1894, commis- sioners. 24 Common School Laws. Estimate of entire school tund tor ensuing 3'ear. County School Commis- sioners to be notified of their proportion County Boards to arrange for operation of schools. Time of operating schools left to County Boards. Schools under special or local laws not affected. Local School laws. Warrants and checks to be issued without requiring itemized statements or as soon thereafter as practicable, make an esti- mate of the entire common school fund of the State for the next succeeding school year, and shall at once communicate in writing to the County School Commissioner of each county the amount of money that will be payable to his county; and on the firsv Tuesday in January in each year, or as soon there- after as practicable, each County Board of Educa- tion shall meet and make the necessary arrange- ments for placing the schools in operation for the next school year, and shall have full authority in their discretion either to fix salaries for the payment of teachers, or to pay them according to the enroll- ment or attendance ; provided, that nothing in this Act shall be construed to affect the right of the re- spective counties of the State to select the time of operating their schools, which shall be left entirely to the County Boards of Education, nor shall it affect or change the time of operating their schools under any special or local laws in any county in this State; provided further, it shall not affect the monthly pay- ments of teachers as by this Act directed. Sec. 35. That in those counties having local school laws where the schools are sustained by local taxation for a period of five months or more, the State School Commissioner shall, on the first day of each month, or as soon tliereafter as practicable, notify the Governor of the amount of funds standing to the credit of each of such counties on the books of the Terasurer on said dates, and thereupon the Governor shall issue his warrants for said sums and the Treasurer shall draw his checks for said sums without requiring the itemized statements as provided in section 33 ; and the State School Commissioner shall immediately transmit said checks to the officer under the local school svstem authorized to receive its funds, and Amended Acts of 1893, page 59. Amended Acts of 1S94, page 59. Amended Acts of 1S94, page 61. Acts of 1893. page 60. Amended Acts of 1894 page 62. Common School Laws. 25 ■i the State School Commissioner shall, in like man- ner, pay over to the proper officer under the school board of any town or city having a school system sustained by local taxation for a period of five months or more, and to which he is now authorized by law to make direct apportionments, such propor- tion of the entire county fund as shown on the books of the Treasurer as the school population of the town or city bears to the population of the county, as shown by the last school census ; provided, that all children of school age resident in said county, and attending the public schools of such town or city, shah be counted in the school population of ^ . 1 , ., 11 -11 1 , . , Estimate 01 such town or city and be entitled to have their share school of such county fund paid over to the proper officer of p°p"^^^'°"- the school board of such town or city. isPlLe S^^- 36. That the school fund for each calendar ^^ , JM^ page 1 11 1 r 1 1 -^1 , . , To whom '0- year shall be a hxed and specified sum, and m order paid. Amended to Carry out this provision the State School Com- 1894^ page missioncr, the Comptroller-General, and the Treas- School •^-- ^ urer shall, on the first Tuesday of December of each ea?hyear year, begining with 1894, or as soon thereafter as ff^^J^^^ practicable, make an estimate of what the school fund for the ensuing year shall be from the specific of^choof taxes, direct appropriations, and from any other Insuing sources of supply which now belong to the school ^'^^'■' fund or may hereafter belong to the school fund, and said fund, when so estimated, shall be avail- if specific able and payable at the time specified in this Act; short .^^^^ provided, that in the event that the said specific taxes Balance shall fall short of said estimate, then the balance ^^.l ^e 1 .... 1 . , paid from necessary to meet the provisions of said estimate is any fund hereby authorized to be paid from any fund in the wisVap-*^' treasury not otherwise appropriated. propnated. 26 Common School Laws. ^c^tfS.°ti of Sec. 37. That when the State School Commis- f^t^ of fund for sioner, the Comptroller-General, and the Treasurer S2. year!^^ shall meet on the first Tuesday in December, or as soon thereafter as practicable, as provided in this Act, to make the estimate of the school fund provided for. in section 34 of this Act, they shall base said estimate upon the amount of school fund coming into the treasury for the year preceding the year for which said estimate is made. Sources Scc. 38. That for the support and maintenance of fund!'^"^ the common schools of this State the poll tax, special As?! jlge tax on shows and exhibitions, all taxes on the sale ''^' of spirituous and malt liquors, dividends upon the stock of the State in the Bank of the State of Georgfia, 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 & Atlantic Railroad, or one-half of the annual net earn- ings of said railroad as ascertained by subtracting the annual cost of running and keeping up the road from the annual gross receipts under and change of policy which the State may adopt hereafter in reference to said railroad ; all endowments, devises, gifts, and be- quest made, or hereafter to be made, to the State or State Board of Education ; the proceeds of any com- mutation tax for military service ; all taxes which may be assessed on such domestic animals as from their nature and habits are destructive to other property; all money received by the Agricultural Department of this State for the inspection 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 hereafter be made a charge upon said fund shall have been de- Common ScJiool Laius. 27' ducted from the gross amount thereof; ^^any educa- tional 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 Leg- islature shall raise by taxation or otherwise from time to time for educational purposes, are hereby declared to be a common school fund; and when said com- mon school fund shall be received and receipted for, from whatever source received, it shall be the duty of the officer authorized by law to receive such fund to keep the same separate and distinct from other funds, and said fund shall be used for educational purposes and none other, and shall not be invested in bonds of this State, or in other stock, except when investment is necessary to carry out the conditions 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 School tax .J. 1-1 • ^ r 11 • must be paid m, which was raised for school purposes, is sep- separated arated in amount from the gross amounts paid in. taxes° "•Money arising from the lease of oyster lands was made a part of the School Fund in 1889. ADDITIONAIv FUNDS FOR PUBLIC SCHOOLS. Illegal granting of diplomas by medical colleges — Fine goes to State treasury for educational funds. (I486 Code, VoL HI.) Selling or offering for sale rejected illuminating oil or fluids — Fine goes to public school fund of county in which prosecution is made. (^607 Code, Vol. III.) Wrongful use of branded vessels for illuminating oil or fluids — P'ine goes to public school fund of county in which prosecu- tion is made. (^608 Code, Vol. HI.) Cruelty to animals — One-half of fine goes to public school fund of county in which prosecution is made. (§704 Code, Vol. HI.) Gaming contracts — Money recovered after six months goes to public school fund of county in which suit is entered. (I3671 Code, Vol. II.) Propertj' not returned but assessed— Overplus above amount due and costs goes to educational fund, subject to claim of true owner within four years. (I908 Code, Vol. I ) -28 Common School Laws. PART VL Long term schools. Supple- mental contracts. Their es- tablish- ment left to the discre- tion of Boards, Contract with pat- rons to be approved by Board. Pupils may attend dur- ing the pri- vate part of the term. Teacher's account, how made out. LONG TERM SCHOOLS —TEACHERS' RE- PORTS. Sec. 39. That whenever the Board of Education Acts of of any county within the State shall have entered ^|^^^ go into a contract with a teacher to teach a common school in any sub-district w^ithin its jurisdiction in accordance with this Act, it shall be lawful for said teacher to enter into a supplemental contract with the patrons of said school to teach a private ele- mentary school in connection with said common school, and to embrace the period allowed by law for the said public term ; provided, that the con- tracting with teachers under the provisions of this Act shall be left to the discretion of the several County Boards of Education. Sec. 40. That upon said private supplemental Act_s of contract being examined and approved by the page 82. Board of Education of the county in which said school is located, it shall be the duty of said teacher to enter, as pupils in said private school, all schol- ars 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 school. It shall be the duty of said teacher to keep an accurate account of the number of such pupils and the number of days actually attended by each pupil, and when said private schools 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 ma}^ have attended said schools, not to exceed the whole number of davs now or hereafter Common School Laws. 2d* 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 No com- pupil, if the parent or guardian of said pupil shall ™h?ilrp°r?- elect to enter him or her for the period of the public yented 1 • r 1 1 V r 1 "°"^ enter- term, and upon the merits of the common school fund ing upon only. That no teacher shall be contracted with under the"o^m- the provisions of this Act until he or she has been Knd.^^^°°^ duly licensed as a comm.on school teacher ; that every teacher contracted with under provisions of this Act Teachers shall be required to make the same reports and iTcen*se.° returns of the County School Commissioners as are j^^^g^ ^^^j^^ now required of teachers of common schools in this reports. State, and until said priA^ate schools shall have been taught according to contract, and said reports and re- turns are so made, it shall not be lawful for the Board of Education to pay him or her for such services as such teacher. ActsofissT, Sec. 41- That it shall be the duty of the teachers Reports oi page 77. ^^ make and file with the County Commissioners at teachers. the expiration of each term of school, a full and complete report of the whole number of scholars ad- mitted to the school during said term, distinguish- ing between males and females and colored and white, together with the names thereof and the en- tire 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 ports called until such report shall have been prepared, sworn to fnade? and filed by said teacher as aforesaid, it shall not be lH^^^j!^ account lawful for said County Commissioner to audit the cannot be account of said teacher for his or her services. 30 Common SrJiool Laws. PART VII. COUNTY INSTITUTES. -County in- stitutes. Sessions. Sessions may be combined. Program. Operation' oi, etc. Attendance by teachers ■sFines. Sec. 42. (An Act authorizing the State School Commissioner) to organize and estabhsh in each county in Georgia a Teachers' County Institute for the assembhng and instruction of the common school teachers of each county in the State, said institute to hold an annual session of- one week's duration in each county of Georgia irl the period of June, July, and August, or in such other month as the State School Commissioner may deem best and expedient ; provided, Jioivever, that the State School Commissioner may, in his discretion, combine the annual session of said institutes, or any number of them, so that the same may be held in any county designated by him; to prepare a program of ex- ercises, with a syllabus of each subject named in said program, for each day's session of said insti- tute ; to require County School Commissioners to operate, at their regular per diem, said institute, sessions under such general rules and regulations as he may deem best; to require aU persons, white and colored, teaching in Georgia, or having licenses entitling them to teach in the State, provided that those not teaching have not permanently retired from teaching; to attend all sessions of said insti- tutes held in the county of their residence, and per- form all duties required of them as members of said institutes, unless providentially prevented; to secure a prompt attendance of the teachers upon the exer- cises of said institutes by causing the .County School Commissioners and County Boards of Education to collect such fines from absentees as may be deemed Acts of 1891, page 121. Amended Acts of 1892, page 85. Amended Acts of 1893. page 61. Common School Laws. 31 just and reasonable by said Commissioners 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 Commissioners and Boards, and they have duly considered the same ; provided further y that all money thus collected shall be used in pur- chasing teachers' libraries for the counties in which Separate said fines may be collected ; to provide separate insti- f Jr wMte^ tutes for the white and the colored ; to pay from the f^a1;hers'^^^ educational fund of each county an amount not to exceed twenty-five dollars per annum for the pur- pose of securing the services of an expert in con- ^^p^^^^- ducting the week's session of the institute of said ^^^^^ county, which expert shall be chosen by the County chosen. School Commissioner and County Board of Edu- cation, which expert shall assist in conducting the exercises of each annual week's session, of said insti- tute in the county where he is thus employed ; to ^g^^f^"^ ** cause all sessions of said institutes to, be held at seat, etc. county seats, or such other places as may be selected by the County School Commissioner, and allow all persons so desiring to attend the sessions of said institutes; provided, that all visitors shall be subject ^^s^*^'^^- to the rules and regulations of said institutes while attending the exercises of the same; and to pre- scribe from time to time such other rules and regu- lations as he and the County School Commissioner may deem best for successfully operating said in- stitute. 32 Common School Laws. PART VIIL EXAMINATION OF APPLICANTS FOR TEACHER'S LICENSE. Examina- Sec. 43. That the County Commissioners shall ex- *\°ican\s?or ^.mine all applicants for licenses to teach in their ^^tsot license to respective counties, giving previous public notice of 18^7, _ the day upon which the examinations are to take place, and said Commissioners shall be allowed to invite such persons as they may think proper to as- sist in these examinations. Applicants for license Upon what to tcach in the common schools shall be examined Amended examined. ^pQj-^ orthography, reading, writing, English gram- i89o-9i mar, geography, arithmetic and the science and prac- ^^^^ ■^■'^^' tice of teaching in common schools. No license shall be granted any person to teach in the public schools, receiving money from the State, after the first Monday in January, 1903, who has not passed a satisfactory examination in physiology, and hygiene (physiology, which shall include with other hygiene 1901^ °^ the nature and effect of alcoholic drinks with other ^^^^ ^^' narcotics upon the human system.) Said exami- nations shall be held throughout the State on a day or days to be fixed by the State School Com- pafes^ques- niissioner, and by questions prepared and sent out tions. i~jy Yi[xn. to the County School Commissioners. The State School Commissioner shall also prepare and supply the County School Commissioner with printed instruction as to the grading applicants on and by a uniform grade, and shall fix the lowest standard for each class of licenses; no applicant for teacher's license shall be examined on any other day than Common School Laws. ' 3^, the one designated as above described, except in cases where the County Board of Education shall Special ex- order a special examination; no special examination ori?pii°^ sha^l be ordered by said Board except for good and ^SioSs sufficient reasons and to meet some special emer- ^^ t^^^hers. gency. In such cases the questions shall be pre- pared by the County School Commissioner, or by Q"'''^°^'- some competent person under his authority, and their contents shall not be made known to the ap- plicant or applicants until the examination actually commences; said examination shall be conducted under the same rules and regulations as are provided R^iesfor by law for other examinations, but the licenses granted special ex- shall be valid only until the next examination ordered ^oi^ by the State School Commissioner, and it shall not be lawful for the County School Commissioner of Licenses any county, other than that in which said special ex- amination is held, to indorse a license granted there- County -3 under. The County Board of Education shall have may em -^ ■ power, if they deem best, to employ teachers at a ^Jg^ f/^^" salary. . salary. Sec. 44. It shall be the dutv of the County School Acts of Commissioners, after thorough examination of the scZof 1887, papers submitted by applicants for licenses as 9o™™is- page76. tcachers, upon the examination conducted as pre- ?°ades scrfbed in the preceding section, to grade the appli- m?kel '"^ cants according to the instructions furnished them '^^""'^^ ' by the State School Commissioner, submitting- his ^ , a *-^«^^^4- J 1 ,• 1 . ^ ^ Report and report and recommendations thereon m writino- to recommen- the County Board of Education, who shall grant to fubmmed the apphcants licenses of the first, second or third to cTun'^y^ grade, to be determined by the qualifications ex- 1°/^^^^°^ hibited and the standard attained; provided, they tion.""^" shall obtain at least the lowest grade-mark fixed by Board the State School Commissioner for each grade ; and i^^^^^s^^- provided futlier, that each applicant submits ' with ^^^^^^ ^^ his or her examination paper satisfactory evidence Hce^ns^e^s^ 34 Common School Laws. 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 be employed for and during the period of their licenses in any of the common schools of the county How made whcrc issued. Licenses, to be good in another founties county than the one in and for which they are gj^er^han issued, must be endorsed by the County School Com- which missioner of the county in which the applicant desires issued. . , 1 to teach. All students or graduates of any school, college or Graduates other institution of learning shall be required to stand Acts required an examination as now prescribed by the general page 51. examina-" commou scliool laws of this State before the County tion. School Commissioner of each county in this State in which they desire to teach and get a license from the County School Commissioner before being permitted to teach in the common or public schools of such county ; provided, that nothing herein contained shall be construed to invalidate any license to teach in the schools in this State now held by any person. And all laws and parts of laws authorizing and entitling any student or graduate of any school, college or other institution of learning to teach in the common or public schools of this State on the cer- tificate or diploma from any school, college or other institution of learning, or the officers thereof be, and the same are, hereby repealed. Sec. 4S. After passing upon the examination ^ ^ . Permanent ^^ , - ^ c -j j -r • ^i • • , Acts of State papers as herembefore provided, if, m the opinion 01 1887, license. ^j^^ County School Commissioner, any one or more ^^^^ '^^' of them exhibit unusual merit, he shall forward such papers to the State School Commissioner, together with his certificate of the .good moral and professional character of the applicant, and if, in the opinion of 188 page 76 Common School Laws. ^5 the State School Commissioner, said papers exhibit a sufficient degree of merit, he shah issue a permanent teacher's Hcense to the apphcant, whi^h Hcense shall be good in any county of this State, and which shah only be revocable by the State School Commissioner for good and sufficient cause. Acts of Sec. 46. That the County Commissioner shall have Revoca- power, and it shall be his duty, to revoke licenses f-^il! °* 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 connection of said teacher with any school which he may have been employed to teach ; but any teacher so dismissed shall have the right to -Appeal, appeal to the County Board of Education, whose de- cision shall be final. Whoever, with intent to defraud the State or i^ucf, page ^^y county, town or city or any person, shall ^ foi'ge or falsely and fraudulently make, forge, alter or counter- license is a feit, or cause or procure to be falsely and fraudulently ^ °"^' made, forged, altered or counterfeited, or willingly aid or assist in falsely and fraudulently making, forging, altering or counterfeiting any certificate or license issued by any County School Commissioner of this State or the executive officer of any local school board to a teacher, shall be deemed guilty of a felony, and- upon conviction therefor shall be punished as pre- scribed hy section. :233 of the Penal Code. 69 36 Common School Laws^ PART IX. SCHOOL CENSUS.. Enumera- tion of school pop' ulation New enu- meration may be orderedo Estimate from U. S. census. Enumera- tors of the school census. Their duties. Compensa- tion. Sec. 47. That it shall be the duty of the County ^ggyt °^ and City Boards of Education of this State to cause p^^® ^^• 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 au- thorities of the United States, of the number of chil- dren 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 evi- dence of any kind, the said Board shall become sat- isfied that a new enumeration of the school popula- tion ought to be taken for any county or counties, or for any town or city, or the entire State, it shall be their duty to order the said enumeration to be taken accordingly. Sec. 48. The different County or City Boards shall Acts of employ one or more competent, reliable persons to i^^'- ^^ take the enumeration above mentioned in their re- spective jurisdictions, and the person so employed shall go from house to house, making a thoron ■ canvass of the territory assigned tliem, taking the number of children between the ages of six and eighteen years, and distinguishing between the sexes and races. The person tlius- employed shall. iCommon School Laws. 37 be known as enumerators of the school census, and ^shall take and report any additional statistics re- quired by tlie State School Commissioner. They .^shall receive as compensation a per diem not to ex- ■ceed two dollars in the counties, or two dollars in the cities, or in city and county where the same are 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 q^^j^ done by^ them has been 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 Commissioner; provided, that nothing herein con- county tained shall be construed to prevent the County gchooi.^. Boards from employing the County School Commis- sioner may sioners to do the work contemplated in this section, ed.^™^ °^ Sec. 49- The State Board of Education is hereby empowered to order at once a new enumeration when ^an oSS'a thev are in doubt as to the accuracy of the return new enu- % r •, 1 i .1 J. meration. made from any county or city; but the enumerators first making their return shall receive no compensation in case it is found their enumeration was not correct. In case their enumeration is verified by the second x^3,V tor SGC" enumeration, then both shall be paid, but the amount ond enu- paid them shall be deducted from the school fund ap- "^''^tion. propriated to this special territory. Sec. 50. The respective County or City Boards are ^^^ ^^^^_ hereby empowered to fix, within the limits prescribed tion of enu- above, the per diem- compensation of the enumerators '"^''^tors. 'of the school census employed by them. (In section 35, page 25, will be found the following matter relating to school census : "All children of school age resident in said county and attending the public schools of such town or city, shall be counted in the school population of such town or city, and be entitled to have their share of such county fund paid over to the proper officer of the ■school board of such town or city.") 38 ■ Commo?i Scltool Laivs. PART X. MISCELLANEOUS. Admission to common schools — Manual labor schools — Evening schools — Exemption of school property from taxation — Forfeiture of school fund — Forfeit- ure in past years — Local school systems — Scholastic month, number of days in. Admission gratuitious to all chil- dren of school age. Separate schools for white and colored. Pupils crossing sub-district or county line. Teachers' accounts for line- schools. Manual la- bor schools Sec. 51. That admission to all common schools of ^^tsoi this State shall be gratuitous to all 'the children be- ^'^^^^^ ^^ tween the ages of six and eighteen years residing in the subdistricts in which the schools are located; provided, that colored and white children shall not at- tend the same school ; and no teacher receiving or teaching white and 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 obvious demands of convenience, children residing in one subdistrict may, by express permission of the County Board, attend the common schools of another .subdistrict ; and when a common school is located near a county line, children from an adjoining county, in cases where convenience requires, may, by concurrent ■ consent of the County Boards of the respective coun- ties, be permitted to attend the school, and in such cases, the teacher shall make out two accounts for his services, one against each County Board, in amount proportioned to the number of children in the school from the respective counties. Sec. 52. That the County Board of Education shall Actsoi 18S7 have power to organize in each county one or more pag4 ts-. page 78. Common School Laws. 39 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. Acts of ^^'^^ 53- 1'hat the Board of Education of any Evening 188Y, 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 evening 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 provisions 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. Acts of Sec. 54. That whenever a County Board of Educa- ^ , . 1887, ,• ^ J r -nj ^- r -^ i 11 i Forfeiture page 79. tiou, or Board ot Education of any city, shall here- of school after fail in any year to make arrangements to put relieved. "''^ schools in operation, said county, or city, as the case may be, shall forfeit all right to participation in the school fund of that year, unless the failure to arrange for schools was from providential cause, or other good and sufficient reason, the sufficiency of the rea- son to be judged of by the State Board of Education. Acts of Sec. 55. That any county or city, which has failed in^pSt"*^^ page 79. to put scliools in Operation in any past year, and has ^^^'^^^ never received its pru rata part of the State school fund for that year, shall still be entitled to receive through the properly constituted authorities 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. ^87^°^ Sec. 56. That each and every lot or parcel of land Exemption, page 78. which has been or may be hereafter obtained by pur- property chase, or in any other way, by any County Board of J[°JJ^ ^^^^" Education for the use of common schools, together -40 ' Common School Laivs. 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 or- der 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, shall be exempt as aforesaid, the exempted portion to be set off by order of the County Board. _ , Sec. S7- That from and after the passaefe of this , ^ , Twenty . ^' 111 in • 1 1 Acts of schooldays Act, twenty school days shall constitute and be i896. monthr^^^'^ deemed and treated as a scholastic month in all the public schocfis of this State. Sec. 58. That nothing^ in this Act shall be so con- T \ A cts o sc°hooi sys- strued as to prevent any city with a population is87, terns. greater than two thousand inhabitants, or any county p^^^^^- or town under authority of the General Assembly of this State, from organizing a public school system independent of this system, or to preven,t the said in- dependent org'anization from drawing its pro rata share of all educational funds raised by the State; prcvidcd, the chief executive officer of such independ- ent organization shall make the same regular reports to the State School Commissioner as are required from the County Commissioners by this Act; pro- ■vided 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. Common School Laws. 41 PART XL GENERAL LAWS. LOCAL TAXATION BY COUNTIES FOR COMMON SCHOOLS. An Act to provide for local taxation by counties for the support of common schools, and for other pur- poses. Section i. Be it enacted by the General Assembly of the State of Georgia, That from and after the ^zfhT Acts of passage of this Act a local tax to supplement the ^^''^^^' h. 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 not already in ex- istence in the following manner, to wit : Whenever two successive grand juries of the Recom- county shall recommend in their general present- P^^f^^^^^ nients that a local tax in said county shall be levied jurfes. to supplement the State tax in support of the com- mion schools of the county, the Ordinary of said countv shall order an election to be held, after sfiv- Election to ' , ,, . 1 - , . p determme. mg public notice thereof once a week for four weeks, in the paper in which the sheriff's advertise- ments 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 ^"^^^ ^^^ election. Siiall 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 ^ ,, , 1 1 1-1 -1 11 1 1 T Ballots others, shall be allowed to vote at the same, in said election the ballots shall have printed or writ- 42 Common ScJiool Laivs. ten upon them the words, ''For Local Taxation for PiibHc Schools/' or ''Against Local Taxation for Public Schools." The managers of the election Consoiida- shall Consolidate the votes as now provided in elec- votes°^ tions for county officers, and shall then file the re- turns with the Ordinary, who shall declare the r/e- Deciara- sult. If two thirds of the persons qualified to vote- resufts. at said election have voted for local taxation for public schools, the Ordinary shall certify the same Effect of in writing to the County Board of Education. The County Board of Education shall then, ai a regular meeting, or at a special meeting, of which due no- tice has been given to each member, proceed by order or resolution to lew a tax not exceeding: one fourth of one per cent, ad valorem upon all tne tax- Amount of aL)le property of the county as shall appear by the tax, etc. county digest. The County School Commissioners shall make out a certified copy of the order or reso- lution, fixing the rate of said tax, and shall deliver Its coiiec- the same to the Tax-Collector of the county on or tion, etc. before the first day of September in each year, and the Tax-Collector shall collect said school tax ac- cording 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 to the County School Commissioner, who shall receive and hold the same subject to be applied by the County f^nds^ School Board of Education for the support of the common schools of the county in addition and sup- plementary to the funds received from tlie State,, and said tax may be levied and collected from year General •' . . , , . , i i i- tax with- to year, as above provided, without holding any efection. ^"^ Other election for that purpose ; provided, that any where^ couuty ill whicli a county school system is already funds in existence, but where the funds, as now provided insuiiicient . ' sr may have by law, are insufficient, in the opinion of the County theAcf.° Board of Education, for the support of the schools. Common School Laivs. 43 may obtain the benefits of this Act by complying with all the provisions of the same. Sec. 2. Be it likewise enacted, That if there shall Towns with be in the county an incorporated town, or town hav- su?ta?ned ing a local school system of its own, sustained by \l^^^?-^ local taxation, in addition to its quota of funds re- not ai- "* ceived from the State, the residents of said incor- *^^^^^- porated town or towns shall not vote in the election held as aforesaid, nor shall the taxable property em- braced 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 determin- Method of ing whether two thirds of the qualified voters have fni^'^™^"" voted for local taxation lor common schools at the Jl^^y^^f/g election held as aforesaid, the registration lists last majority completed before the election shall be considered the correct enumeration of the qualified voters in those counties having registration laws, and the number of names of citizens appearing 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 correct enurneration of the quali- fied voters in those counties not having registration laws. Sec. 4. Be it likewise enacted. That all laws and parts of laws m conflict with this Act are hereby repealed. Approved September 16, 1891. 44 Common School Laws. SETTING APART A DAY AS "ARBOR DAY." An Act to encourage tree-planting, and to conserve the forests of the State by setting apart the first Friday in December as "Arbor Day," and for other purposes. Section i. The General Assembly of the State of fs^ctJi, f ulsday in Georgia do enact, That the first Friday in Decem- P^s^^ig, ^Arbor'^^'^ ber in each year shall be set apart and consecrated Day." as a day for tree-planting, and shall be known throughout tire State as "Arbor Day." Observ- Scc. 2. Be it further enacted. That it shall be the .anceof. Quty of the State School Commissioner to take the matter of the observance of "Arbor Day" by the public, under his general supervision, and through the County School Commissioners to cause the pub- lic schools of the State to observe "Arbor Day" as tde 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 laws and parts of laws in conflict with this Act be, and the .same are, herebj^ repealed. Approved December 16, 1890. Common School Laws. 45- REGLTLATING SALARY OF COUNTY SCHOOL COMMISSIONER IN CERTAIN INSTANCES. An Act to provide for the payment of a salary to County School Commissioners in lieu of a per diem in certain instances, and for other purposes. Section i. Be it enacted by the General Assembly in counties- Acts of oi the State of Georgia, and it is hereby enacted by SoSTf^sLx- page 71. authority of the same, That from and after the s^n5°o"r passage of this Act, County Boards of Education more the in counties having a population of more than sixty Educat°ion thousand inhabitants, shall be authorized • and em- Sie^(?(fifnty. powered to pay the County School Commissioners School of such counties such salary in lieu of a per diem, as sionera the said County Boards of Education shall fix, not to^Seed* to exceed the sum of eis^hteen hundred dollars per ?^^^j^^? => ^ hundred annum. dollars per. Sec. 2. Be it likewise enacted by authority of the ^^^^' same. That all laws and parts of laws m conflict with this Act be, and the same are, hereby repealed. 46 Common School Laws. PHYSIOLOGY AND HYGIENE TO BE TAUGHT IN PUBLIC SCHOOLS. An Act to provide for the teaching of physioloy and Acts of hygiene (physiology, which shall include with other 54. ' ^^^^ hygiene the nature and effects of alcoholic drinks and other narcotics upon the human system) in the public schools in Georgia; to provide a penalty in case any Board of Education, in city or county, fails to provide for the teaching of the same, and requir- ing all teachers to stand a satisfactory examination upon said subject as for other subjects. P'?biic Section i. Be it enacted by the General Assembly "Scnools, 61" ,iects of ai- of the State of Georgia, and it is hereby enacted by d?inks^ and authority of the same, That the nature of alcoholic ^obe^^'^^' drinks and narcotics, and special instruction as to taught in. their effects upon the human system in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in common or public schools in the State of Georgia, and shall be studied and taught as thor- oughly and in the same manner as other like required branches are in said schools. Sec. 2. It shall be the duty of county and city and hy-°^^ Superintendents of schools receiving aid from the State faught ^°^ to report to the State School Commissioner any fail- "~ ures or neglect on the part of the Boards of Education to make provision for instruction of all pupils in any or all of the schools under their jurisdiction, in phys- iology and hygiene (physiology, which shall include with other hygiene the nature and effects of alcoholic drinks and other narcotics upon the human system), and the Board of Education of each county of this Common School Laws. 47 ;State shall adopt proper rules to carry the provisions of this law into effect. Sec. 3. No license shall be granted any person to Examina- teach in the public schools, receiving money from the feachers. State, after the first Monday in January, 1903, who has not passed a satisfactory examination in physiology, and hygiene (physiology, which shall include with other hygiene the nature and effect of alcoholic drinks with other narcotics upon the human system.) Sec. 4. Be it further enacted, That all laws in con- Repealing •flict with this Act are hereby repealed. clause. Approved December 17, 190 1. 48 Common School Laws. SCHOOL BOOKS— BOARDS OF EDUCATION MAY CONTRACT THEREFOR. An x\ct to authorize county, city and town boards of education of the several counties, cities and towns,, under proper rules and regulations, to prescribe and regulate the manner of making changes of books, and correct reports of the same to the State School Commissioner, a:nd for other purposes. Section i. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That in order to prevent ex- cessive rates of charges for school books that may be used in any of the common or public schools of the State, the county boards of education of the several counties in the State of Georgia shall be and they are, hereby authorized to purchase directly of the pub- lishers such books as may be needed or adopted for said schools of their respective counties, and said board shall have authority to supply the same to the patrons and pupils of said schools at cost, or at such advance thereon as shall be sufficient to defray the Boards of expense of handling. Said board shall have power Education ^^ contract with local merchants or others for the handle. J supply of said books, to be retailed at stipulated prices, and, if deemed necessary, they shall require such mer- chant, or other person so contracted with, to give bond in such sum as the board may determine to be necessary, in each instance, for the faithful perform- ance of said contract. Sec. 2. Be it further enacted by the authority afore- said. That the several county boards that may pur- chase books as above provided, or such merchant oi other person with whom they may contract for the purchase and retail sale thereof, may have authority Common School Laios. 49 to repurchase such books from any child, its parent or guardian, who may desire to change his or her resi- dence to a different county of this State, if thereby the said child should be required to procure other and different books, a proper percentage of deduction being made in each instance for wear and tear of books so repurchased. Sec. 3. Be it further enacted by the authority afore- Books may said. That in cases where said boards of education J^o pupi??. shall purchase the books needed in said schools under their control, as herein provided for, they may rent the same to the pupils at such fees, or for such charges as they may deem just and proper, and the boards may make all proper rules to insure the pay- ment of said fees and charges and proper care in the preservation of said books. Sec. 4. Be it further enacted. That the several Copies of county boards of education shall file with the State to^eTild Board of Education copies of all contracts for school Bo^rd^of ^ books now existing, within thirty days from tins Act ; Education. and copies of all future contracts for school books en- tered into by said county boards, shall likewise be filed with said State Board within ten days after the same have been entered into. Sec. 5. Be it further enacted. That no county Notice re- board of education shall be allowed to change or re- quired of new any contract for the supply of school books be- to change fore the expiration of five years from the time tha; ^"^ ''^^e^^- such a contract may be made, as above provided for, without first giving sixty days' notice of the intention so to change or renew said contract in one or more of the newspapers published in the county in which such change or renewal shall be made, and if no news- paper is published in said county, then by publish- ing said notice in the newspaper in which the adver- tisements of sheriff's sales for said county are pub- lished; sixty days' notice of such intended change or ^^ Common School Laws. renewal shall also be given by said county board to the publishers or dealers with whom the contract of the time thereof may be of force ; and no county board shall make such change or renewal except on a vote of three fourths of its members present in session, should such change be desired at any time during the five years covered by original contract. Sec. 6. [This section required county boards of edu- cation to make annual reports of the common school books, numbers, prices, etc. Repealed. See Acts 1900, page 65.] Sec. 7. Be it further enacted, That the several Contracts boards of education of the cities and towns of the towns. State, may, if they severally, or any of them, so desire, exercise any or all of the powers by this Act conferred upon the boards of education of the counties of the State ; and in such event, the terms of this Act, so far as necessary to carry into effect the action of such city and town boards of education, are hereby made applicable. Sec. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1897. Common School Laws. 51 PART XII. IvIST OF STATE EDUCATlONAIv INSTITUTIONS. Name. Location. Principal University of Georgia Athens Walter B. Hill,Chanc3llor. Georgia School of Technology.. .Atlanta Lyman Hall, President. Ga. Normal & Industrial College. .Milledgeville. J. Harris Chappell, Prep. State Normal School Athens E. C. Branson, President. N. Georgia Agricultural College.. Dahlonega . . . .Joseph S. Stewart Pres. Georgia School for the Deaf Cave Spring. . . W. O. Connor, Principal. Georgia Academy for the Blind. .Macoa Thos. U. Conner, Principal. Ga. State Industrial College . . . .College R. R. Wright, President. INDEX. Appeal to County Board of Education ?5 Appeals to State School Commissioner 10 19 Appeals to State Board of Education <> 8 19 Apportionment of School Fund 22 23 25 26 A rbor Day "^"^ Attorney-General, member of State Board of Education 5 Bible cannot be excluded from common schools 17 Books, Adoption of text-books 16 Books, Contracts for text-books ^8 Census , School ^ ^^ Clerk of State School Commissioner 5 10 Clerk Superior Court certifies /election of members County Board Edu- 4-- ^ 12 cation ' -^ Comptroller-General, member of State Board of Education. . . 5 Contracts with teachers 1 ^ '^^ ^^ County Board of Education 1 1 19 33 County Board of Education, a judicial tribunal 10 24 County Board of Education, members can administer oaths 21 County Institutes • ^^ County Line, pupils crossing .• ■■ ■ ^^ County School Commissioner, claims for services, how made and paid. 20 County School Commissioner, duties of 19 22 23 32 33 35 County School Commissioner, examination of, bond, oath 18 County School Commissioner, makes monthly report 22 County School Commissioner, office to be furnished • • 20 County School Commissioner, salary of in certain instances -45 Disbursement of School Fund -^ Examination of applicants for teacher's license 32 Exemption'of school property fromJtaxation S9 Expenses'of Department of ^Education 9 54 Index. Evening schools 39 General Assembly, may invest donations 6 General Assembly, may substitute other officers for State School Com- missioner , 8 Grand Jury, elects, recommends removal of, members of County Board of Education 11 12 Grand Jury receives report of County School Commissioner 21 Governor of State, issues warrants 24 Governor of State, member of State Board of Education 5 Itemized expense account of Department of Education 10 Itemized statements of County School Commissioners ... 22 Judges of Superior Court, removal and appointment of members of County Board of Education by 12 License, each teacher must hold 29 34 License, granted by Board of Education 33 License, counterfeiting, etc 35 License, hovi^ made good in other counties 34 License, revocation of 35 Local school systems 25 24 40 43 50 Local taxation by counties for common schools 41 Location of schools 13 Long term schools 28 Manual labor schools 39 Minutes open to inspection 13 Oaths can be administered by school officers 21 Ordinary, can approve accounts of members of County Board of Educa- tion for services 12 Physiology and Hygiene to be taught 46 Races taught separately 16 31 38 Reports of teachers 29 Reports of County School Commissioners 21 22 33 Report of State School Commissioner 9 Salary, County Boards may employ a teacher at 24 33 Salary of County School Commissioner in certain instances 45 Scholastic month, definition of 40 School census 36 School district, each county a 11 School property 15 Index. 55 School property, exemption from taxation 39 School Fund, estimate of for ensuing year 24 25 School Fund, sources of 26 School Fund, disbursement of 23 School Fund, forfeiture of 39 School Fund, proportion of each county, how determined 22 School Fund, tax money belonging to, to whom paid 22 School Fund, when not sufficient to pay indebtedness of any county. . . 23 School Funds kept separate and used only for schools 22 27 School Grounds, four acres not taxed 40 School Term, length and time of public, regulated by County Board of Education 16 24 School year coincident with calendar year 23 Secretary of State, member of State Board of Education 5 Special examination of applicants for teachers' license 33 State Board of Education, members, officers, meetings 5 State Educational institutions, list of 51 State (Permanent) license, how issued 34 State School Commissioner, how chosen, duties of. 8 32 24 42 35 Subdistrict or county line, pupils crossing 13 38 19 Suits to be instituted by State School Commissioner 9 Tax Collectors, report school funds separately 27 Teachers employed by Boards of Education 13 24 33 Teachers pay, when due 23 Teachers, reports of 29 Text Books, contracts for 48 Trustees of common schools 1^ LB JL '09