LIBRAR Y OF C ONGRESS, Shelf U-&A— UNITED STATES OF AMERIOA. o PUBLIC SCHOOL LAWS OF THE STATE OF GEORGIA, OF GENEI^AL OPERATION AND NOW OF FORCE THROUGHOUr THE STATE. 1878 ^-^Jj /jtA.o-^r-jpt.-' made. distinctly set forth the question of law, as well as the facts, in the case upon which the appeal is taken. A majority What con- °^ ^^'^ Board shall constitute a quorum, and upon any ques- quorum!^ ^ tlon involving the construction or administration of the school laws, the concurrence of a majority of the whole Board shall be. necessary in order to give validity to the decision. Sec. 6. Be it further enacted. That the Stste School The state Commissioner shall be appointed by the Governor and con- pointed'^b'y firmed by the Senate. A suitable office shall be furn- ihe Gov'n'r. . , , , . , . ished him at the seat of government, at which the books PUBLIC SCHOOL LAWS OF GEORGA. S Public School System. and papers relating to the business of said office shall be^^^ office to^ kept. He shall be charged with the administration of the {^^nf.'™'*'*^ school laws, and a general superintendence of the business He is ciiarg- relating to the public schools of the State. He shall pre admin istia- scribe suitable forms for the reports required of subordi- school laws. nate school officers, and blanks for their guidance in trans Prescribes ' ° . foi-ms acting their official business: and shall, from time to time, ^. ° ' ' _ Gives m- prepare and transmit to them such instructions as he niay ^tmcU'n^ to deem necessary for the faithful and efficient execut'on of[^y g^^'^^^^'J,^ the school laws; and by whatsoever is thus communicated ^q°/j°^^,j^* to them shall they be bound to govern themselves in the reverted by discharge of their official duty: Provided, nevertheless,. There *® ^" ^"'^^'^ shall always be an appeal from the State School Commis- sioner to the State Board of Education, as hereinbefore enacted. Sec. 7. Be it further enacted, That it shall be the duty The states. Com'r shall of the State School Commissioner to visit, as often as pos make offl- ■■■ cial visits to sible, the several counties of the State, for the purpose of the counties ' 1 r r when prac- examining into the administration of the school law in saidticawe. counties, of counseling with school officers, of deliveiing popular addresses, of inspecting school operations^ and of doing such other acts as he may deem subservient to the interest of popular education. Sec. 8. Be it further enacted, That it shall be the duty s. s. com'r r . , r^ .. . "iiir- apportions ot said Commissioner to apportion, equitably, the state the school . , revenue a- school revenue to the different counties of the State, upon mong the \ counties the basis of the aggregate of youths between six and eigh- ^ . ^ °° ° •' *=> Basis of ap- teen years of age, and all Confederate soldiers under thirty poi'tio^^m'^'t years of age, in each county, and the estimates thus made ^ppo^'iim^t shall be placed before the Governor, who shall draw his ^"^'^Q'rP^'J'j^^ warrant upon the Treasurer of the State, in favor of the fj^'^g^'.J^^r* County School Commissioner, for the sum belonging tOTrel°ur'rin each county, according to said apportionment. The State severa*! co^ School Commissioner shall see that the proper actions pro- ^^^^ vided by law are brought against all officers and agents ofsee's action , , 1.11 1 e • I'. -br'tformis- tne system who are liable to the same for misapphcation of appiicati o n , ^ , of funds. the School Fund, or other cause. PUBLIC SCHOOL LAWS OF GEORGL\. Public School System. Sec. 9. Be it further enacted, That the State School 8. s. com'r Commissioner shall make an annual report to the General aiu™ai*'r'^- Assembly, in which he shall present a statement of the port to the ,. . " , . r n r i i General As- condition and amount of all funds and property appropri- sembly.ij ... ated to the purpose of public education ; a statement of What rep'rt the number of public schools of the various grades in the must con- ° _ *a™- State, the number of scholars attending such schools, their sex, color, and the branches taught ; a statement of the average cost, per scholar, of instruction under the public school system in each county ; a statement of plans for the management, extension and improvement of the public 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 Certain data schools and of collegcs of different kinds in the State ; the for the re- ^ ' port to be number of pupils in such schools or colleges, their sex, ob tamed '^ ^ fc>' ' through Co. the branches taught, the average cost per scholar of tuition •Sch. Oom'rs o > £> jr in said schools and colleges ; and, in order that he may be able to carry the foregoing into execution, he shall have the right to require of the County School Commis- sioners to make such reports as he may prescribe upon the Penalty forSubject herein mentioned; and in default of complying, as failuretOr i ,• i i ■ i i • • .1 f'mish data, tar as may be practicable, with this requirement, such County Commissioners shall not be entitled to compensa- sanie datatiou for their official services. He shall also have the right may be re- ° quired of Of- to make the foregoing requirement of the President of the fleers of any o o t, «ch. organi- Board of P.ducation, or chief executive officer of any pub- -zation ope- ' ^ ^ TspeliTaw"^ lie school Organization in this State, operating under any special law, and, until the requirement is complied with, said organization snail "not receive the pro rata part of the State School Fund, to which it would be otherwise en- titled. . Sec. 10. Be it further enacted, That the State Commis- saiary of s. sioner shall be entitled to receive for his services the sum "of two thousand five hundred dollars, annually, in quar- Traveiing & terly installments. All his necessary traveling expenses, ■oflticeexpn'g ' ^ o 1. » paid^^i" the incurred in the performance of his official duties, except PUBLIC SCHOOL LAWS OF GEORGIA. 7 Public School System. board and hotel bills, and all postage and other expenses absolutely necessary, arising in his office, shall be paid by the State. He shall also be entitled to employ one clerk de?k!™^'°'' to aid him in his official duties, who shall receive an annual salary not exceeding twelve hundred dollars, also to be "'"^^''y- paid quarterly. The salary and other expenses named in th's section, shall be paid out of the State School Fund, on executive warrant. It shall also be the duty of said Com-s. s. com'r to keep an missioner to keep an itemized account of all expenses con- it'miz'd ac't '■ *■ or expenses. nected with his department, which account shall be audit- ed by the State Board of Education. Sec. 11. Be it further enacted, That before entering oath of s. upon the discharge of his official duties, the said Commis- sioner shall take and subscribe to the same oath required of other officers of this State. Sec. 12 Beit further enacted, That hereafter, each Each ccnty , • 1 o 1 1 1 11 shall c o Bl- and every county m the State shall compose one school pose one s. district, and shall be confided to the control and manage- ment of a County Board of Education. Sec. 13. Be it further enacted, That the grand jury of co. Board of ° ■' ■' Education. each county, (except those counties in which the election tow app'nt- of the County Board of Education is otherwise provided for sendee, by law) in this State, shall from time to time, select from the citizens of their respective counties, five free-holders, 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; that said eie™ a sec- County Board of Education shall, from their own number, shaiibe ex- r 1 • • r 1 , , officio Co'ty or trom the citizens 01 the county, select a secretary, who schi comr. shall be ex-oficio the County Commissioner of Education, and ^ , •^ ■^ Jndses of ts ?acan- shall hold his office for the term of four years, that thefuprcor •' ' fill vacai Judges of the Superior Courts of this State shall have the g^« "^^^'^y power to fill vacancies, by appointment, in the County Boards of Education for the counties composing their re- spective judicial circuits, until the next session of the grand juries in and for said counties, when said vacancies 8 PUBLIC SCHOOL LAWS OF GEORGIA. Public School System. shall be filled by said grand juries : Provided, That the elec- tions of County Boards and County Commissioners already held under the amendatory school law, approved January 19, 1872, shall be valid, and the officers thus chosen shall continue in office for the term for which they conVers re- Were Severally elected : Provided, further, That the County give bond. School Commissioner shall be required to give bond, vi^ith good security, payable to the County Board of Education, conditioned upon the faithful performance of his duty un- der the law — the amount of bond and sufficiency of the security to be judged of by the County Board of Educa- tion ; but no County School Commissioner shall receive, for receiving and disbursing said money, any more com- eiectfon^of pensation than \\\% per diejn i^2,y. Whenever members of Co. B'ds, by a County Board are elected or appointed in pursuance of to whom the provisions of this section, it shall be the duty of the transmitted r^, ■, r t c^ ■ r-^ r i ir- (-11 Clerk of the Superior Court to lorward 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 evi- ^jP^*^P^®P°^dence of the election of a County Commissioner shall be Co. s. comsj.j^g certified statement of the Secretary pro tern, of the Co. com'ers meeting of the Board at which the election was held. The Ti County Couuty Commissioners, or any member or members of any mm^xbieVy Board of Couuty Commissioners, shall be removable by supT^c'rtl the Judge of ihe Superior Court of the county, on the ad- dress of two-thirds of the grand jury, for inefficiency, in- capacity, general neglect of duty, or malfeasance, or cor- ruption in office. Sec. 14. Be it further enacted. That they shall meet on When cot'y the first Tuesday of the month succeeding that of their Boards sh'll ^ . , T i meet, how election, or as soon thereafter as practicable, at the court- organize, ' ^ _ ^ _ house of their respective counties, which place shall be thereafter the regular place of meeting of said Board, and organize by electing one of their number president, who shall serve as such during the term for which he was chosen a member of the Board, and a secretary, which last men- PUBLIC SCHOOL LAWS OF GEORGIA. 9 Public School System. tioned officer shall also, by said election, become the County School Commissioner. A majority of the Board ^u^ulTe^ shall constitute a quorum for the transaction of business. ^ i*^"™™- •It shall be the duty of said secretary to be present at thetary o/The meetings of the Board, and to record in a book, to be pro-simn keepa vided for the purpose, all their official proceedings, which ord. shall be apubhc record, open to the inspection of any per- son interested therein ; and all such proceedings, when so recorded, shall be signed by the president and counter- signed by the secretary. Sec. 15. Be it further enacted. That it shall be the duty Regular meetings of of the County Board of Education to hold regular sessions co. Boards, ■^ ° when he'd, on the first Tuesday of the month succeeding their elec- m^y remain tion, and each three months thereafter, at the court-house "^^y^- 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 Secre- tary, they may appoint one of their own number to serve • 1 T^-i • 1 /-• T-i 1 1 11 • • Compensa- temporarily. 1 he said County Board shall not remam inti'nof m'm- f , , , . , . , hers of Co. session longer than two days at its regular meetings, and Boards. the only compensation said County Board shall receive for Boards may •' '■ •' . hold a call- their services is exemption from road, jury and mihtiaed meeting ■^ ^ J J f or fl II 1 n g duty ; but said Board may, in case of a vacancy in the offlce^^Sfsec'^ office of secretary, hold a called meeting for the purpose i'*^*^'^''^- of filling said vacancy, and at such called meetings each member shall be entitled to the same compensation as at the regular meetings. Sec. 16. Be it further enacted. That the County Boards county B'ds , , , , -. , . . . .... . . r shall lay off shall lay on their counties into sub-districts, in eacn 01 their coun- which they shall establish one or more primary schools, districts— ^ 1 J ®^i^ll estab- and in those sub-districts where the public wants demand lishprim'ry '^ sch'ls— may ampler educational facilities, they shall have the power toestabush establish graded schools, from the primary school to the high school; and in the location of schools, the Board shall ^^uies^g^o^^- consult convenience and economy, paying due regard to gch^fg-'tes!'' population and neighborhood, and having respect to any school house already, built, or site procured, as well as to lo PUBLIC SCHOOL LAWS OF GEORGIA. Public School Sysetm. all other circumstances proper to beconsideted, in order to Boards may promotc the best interests of the schools ; and whenever boundaries it becomcs propcr to lay off new sub-districts, or alter the tricts. boundaries of those already laid off, the said Board shall have full power to make such changes as the public neces- countyB'dssities may require. The said County Boards are also here- emp'y t'ch- ersandm'stby empowered to emplov teachers to serve in the schools c on trac t"^ ' with them under their jurisdiction, and the contracts for said service m wntmgf •' ' 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. Sec. 17. Be it further enacted, That the County Boards countyBd'B of Education shall have the power to purchase, lease or may pur- i i • i m i • i i i chase, lease rent school sitcs : to build, repair or rent school houses j or rent sch'l sites, build, to purchasc maps, globes and school furniture, and to make repair or* lo rent school ^H other arrangements of this kind necessary to the e-ffi- houses, and ° - ■' P.^j^Jj'^^g^^^cient operation of the schools under their care; and the sites. g^jj^ Boards shall also be, and are hereby, invested with the title, care and custody of all school houses, sites, school libraries, apparatus, or other property belonging to the Th'y are in- sub-distrJcts as now defined, or as may hereafter be defined, vested with . - . , . -in . ,1,1 thetitieandm their scvcral counties, with all power to control the careofsch'l . , , i-i-ni 1 1 property, same in such manner as they think will best subserve the interests of public schools ; and when in the opinion of the They may Board, any school house site has become unnecessary or sell school ' ' ' sites in cer- inconvcnient, thev may sell and convey the same in the tain cases. j ^ j j name of the County Board of Education ; such convey- ance to be executed by the President or Secetary of said Board, according to the order of the Board. They shall have power to receive any gift, grant, donation or devise made for the use of public schools within their respective All convey- counties; and all conveyances of real estate which may be e°Tate7ormade to said Board, shall vest the property in said Board uses vesfln of Educatiou and their successors in office. It shall also Bo^ard.°™ "^ be the duty of said Board of Education to make arrange- ments for the instruction of the children of the white and colored races in separate schools. They shall, as far as PUBLIC SCHOOL LAWS OF GEORGIA. ii Public School System. practicable, provide the same facilities for both races, in ^^n ^mke respect to attainments and abilities of teachers, and length foftelcWng of term-tin~e; but the children of the white and colored and "oiorel races shall not be taught together in any public school ofSate sch'Si this State ; and in respect to the building of the school far ^L pl-ac- , . ,.,. . , -i-n ir— ^1 ticable, the houses mentioned m this section, the said Board ot i^duca-same facui- , ties for both tion may provide tor the same, either by labor on the partiaces. •^ '^ ^ ^ How build- of the citizens of the sub districts, to be served, or by a tax ing of schi ^ houses IS on their property, as hereinafter provided. provid'dfor Sec, 18. Be it further enacted, That the County Board The county • •! ifi • 11 Board a tri- of Education shall constitute a tribunal for hearing and de-bun'iforde- ° termin'g lo- termining any matters of local controversy in reference to cai c9utro- ''•' "' versie s — the construction or administration of the school law, withpo«:ers as ' such. power to summon witnesses and take testimony, if neces- sary; and when they have made a decision, said decision shall be binding upon the parties to the controversy : Pro- vided, That either of the parties shall have the right to ap- peal to the State School Commissioner, and said appeal Appi's from shall be made through the County Commissioner, in wri-3oaid to the ,,,,,.. , r 1 1 • • f ,S. S. Com'r. ting, and shall distinctly set lorth the question in disputei"" the decision of the County Board, and the testimony as agreed upon by the parties to the controversy, or if they fail to agree, upon the testimony as reported by the Com- missioner. Sec. 19. Be it further enacted, That the County Board (.^^^^^yg^jj^ of Education shall prescribe, from time to time, what text fg|f ^00^^,^ books, and books of reference shall be used in the common ^ot^e^'ex- schools of the county: Provided, That the Bible shall not schools. '^^"^ be excluded from the public schools of the State Sec. 20. Be it further enacted, That the County Com- co. com'ers 1 11 - 11 1- r ^■ 1 ex'miue ap- missioners shall examine all applicants for license to teach piicants for license t o in their respective counties, giving previous public notice teach— may of the day or days upon which the examinations are to to assist in ^ ■' * the exainin- take place, and said commissioners shall be allowed to in- ^^ion. vite such persons as they may think proper to assist in these examinations. Applicants for license to teach in the primary schools shall be examined upon Orthography, r2 PUBLIC SCHOOL LAWS OF GEORGIA, Public School System. Subjects ex- Readinsf, Writinsf, English Grammar, Geography aj.d amin'dup'n ^ fa' fc. & r / Co. com'ers Arithmetic, and those who propose to teach m schools of simply rec- '■ '■ ommeiidforhio-her grade, upon the studies belonging to the schools of license, the t> & ' ir &> Ja Boards actg^id higher grade. It shall furthermore be the duty of said on the rec- & fe -' om'endat'n. (bounty Commissioners, when applicants are judged compe- tent to govern a school and give instruction, to recommend them to the County Boards for a license of the first, granted^ fn second or third grade, to be determined by the qualifica- to 'be*^°good tions exhibited, and said County Boards may act upon this mustTe en- recommendation at any meeting of the Board, regular or the com'r of called, and the licenses so granted shall be good for one, the latter. . i i 1 1 • i two or three years, according to its grade, and shall entitle the holders to be employed as teachers in any of the Appiican t s schools of th'c county where issued, but, to be good in an- for licence ' > > o may be ex- Q^j^gj- county, must rcccive the endorsement of the commis- ammed on a -^ ' Pg^^'°^^^^^ sioner for said county: Provided. That an applicant pro- cerrncase^POS^^S to teach in the primary schools, maybe examined upon a portion only of the studies of said schools, and re- mu^sTpro^ ceive a license to teach said studies in a particular sub- dense*' o^f district of his county : And, provided further. That no appli- character. caut shall reccivc license without having first produced satisfactory evidence of good moral character.. Sec. 2L Be it further enacted, That the County Com- cb. Com'ers missioner shall have power, and it shall be his duty,^ to may revoke i i • , - i i • ^ ■ i r licenses t o revoKC licenscs granted by him or his predecessors, tor tG^ch. on c'r- tain gr'unds incompetency, immorality, cruelty to pupils, or general Revocation _,.,. . r \ ^• term'tes the neglect of his dutics, and the revocation of the license of connect'n of the teacher any tcaclicr shall terminate the connection of said teacher VFith his ' school, but with any school which he mav have been employed to he has the ■' - ir j "lii*tocv t^^-^^ ' but any teacher so dismissed shall have the right Board. ^q appeal to the County Board of Education, whose de- cision shall be final. Sec. 22. Be it further enacted, That the County Com- Cb'y Com'r missioner shall constitute the medium of communication of** comm™ between the State School Commissioner and the subordi- uveen the s! nate school officers ; that he shall visit each school in his S. Com'r and , • • ._i ^ i r- the snbordi- county at Icast twice in the year, for the purpose ot inspect- PUBLIC SCHOOL LAWS OF GEORGIA. 13 Public Scliool System. insf its management and the modes of instruction, and ofnate school o •=> officer s — giving such advice and making such suggestions as shall ^^^^ii^jj^u tend to elevate it in character and efficiency ; that he shall ^'J^f^l'^^jJ^j^ take in each year, at such times as may be designated by ^^j^^j^JtV^j the State School Commissioner, an enumeration, by sub-p^p^j^-^Jf^ districts, of the youths of his county between the ages ofthe statls'cl six and eighteen years, noting separately the number of both public , . , , , , . , 1 11 1 1 r 1 ^"<1 private, white and colored children, and also the number ot males and of coi- and females of each race ; that he shall make to the State School Commissioner such reports as may be required byshaii make ^ ■' ^ _ an apport n- that officer, in reference to the statistics of schools, both ment of the ' school fund pubhc and private, and of the colleges in his county ; *(that-s^i^^^i^jPay he shall make an apportionment of the School Fund of theo^/^^^^^g'^ county, both that derived from the State and that which ?°^^^^™^^4l may be raised by general taxation upon the property of theportionm^nt county, on the basis of the number of children of school age in the several sub districts, and report the same to the County Board, and when said fund is disbursed by the County ("-ommissioner, it shall be done only) by the order „, „^ ,^ •' ' J I J Shall be the of the said County Board, made*(in accordance with said ?ge"*°*the J ' \ B rd m pur- schl ture appointment); that he shall be the agent of the County j'jf^'^S^j Board in procuring such school furniture, apparatus and ed- ^"(j^ig*ije°_ ucational requisites as they may order to be purchased ; icconnte'^of that it shall be his duty to audit all accounts of teachers and shall keei?a others, before an application is made to the County Board official acts. for an order for payment, and that the said County Com- missioner shall procure a book in which he shall keep a rec- ord of his official acts, which, together with all the books, papers and property appertaining to his office, he shall turn over on his resignation, or at the expiration of his official term, to his successor. Sec, 23. Be it further enacted, That the said County comp'sati-n /-< ■ • 111 -1 • 1 /^ **' ^^ Co'ty Commissioner shall receive such compensation as the Coun-commisn'r ty Board may allow him, not to exceed three dollars per day, to be determined by the County Board of Education, for each day actually employed in the discharge of his *The portions of this section within parenthesis have been repealed. (See act of Feb- juary 25, 1876.) 14 PUBLIC SCHOOL LAWS OF GEORGIA. Public School System. official duties, the same to be paid out of the Educational TOunt^lhaii Fund fumishcd to the county. His claim for services shall and verified 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 rendered, and that the sum therein claimed is rightfully due and remains unpaid. When said account shall have been duly When the audited and approved by the County Board, the said com* Com'r's ac't rr j j ■ hasbeenap-rnissioner shall retain his pay out of the revenue aforesaid : proved by '^ ■' t^^'B'^\'^e Provided, That the County Board of Education shall deter- may retain ' •' onhetad* "^^"^ the number of days in each year in which said County Commissioner may labor in the performance of the duties The Co. Bd. required of him : Provided further. That he may be paid at Narf^daysthe State Treasury, on Executive warrant, drawn upon the ^id charged School Fund, out of the pro rata standing to the credit, of y oiii'^jjjg county, for any absolutely necessary service rendered by him, in cases where his county has forfeited \i&x pro rata may receive part of the State Fuud, by failure, on the part of the County pay at the "^ j ■^ r j State Tres'y Board, to make local provision for continuing the schools m a certain t r o ^ case. y^ operation the length of the time required by law — said warrant to be drawn on account, verified and audited in the same manner as provided in the foregoing. Skc. 24. Be it further enacted, That it shall be the Teachers re- duty of the teachers to make and file with the County makJa\ep'° Commissioner, at the expiration of each term of school, a com'iss'ner.full and Complete report of the whole number of scholars admitted to the school during said term, distinguishing be- tween males and females, and colored and white, the aver- What they , , , , , , r -i are required age attendance, the branches taught, the number ot pupils to report. ° o ' j ^ engaged in the study of each of said branches, and such other statistics a.-5 he or she may be required to report by the County Cbmmissioner, or by the State School Com- missioner; and until such report shall have been prepared Penalty for and fil d by said teacher as aforesaid, it shall not be lawful failure. ^^^ ^^.^ County Commissioner to audit the account of said teacher for his or her services. PUBLIC SCHOOL LAWS OF GEORGIA. 15 Public School System. Sec. 25. Be it further enacted. That each and every schoi prop- lot or parcel of land which has been, or may be hereafter froL'^ta^on obtained, by purchase, or in any other way, by any County and sale. Board of Education, for the use of public schools, together with any school building that may have been, or shall be, erected thereon, and all school furniture, shall be exempt from all taxe^, State and County, and from levy and sale, under any execution or other writ or order, in the nature ^^nd so ex- of an execution: Pj'ovided, That the lot of land so exempted t?^exceed°4 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 ex- empt, as aforesaid ; the exempted portion to be set off by order of the County Board. Sec. 26. Be it further enacted, That admission to all Admiss'n to public schools of this State shall be gratuitous to all the gratuitous. children residing in the sub-districts in which the schools white^ and ° _ ^ _ color'd chil- are located: Provided. That colored and white children ^ren not to be taught m shall not attend the same school ; and, in special cases, to sameschooi. meet the obvious demands of convenience, children resid- one'suiMiiS ing in one sub-district may, by express permission of the™^^i°^*^™ County Board, attend the primary schools of another sub fnaSother? district ; and when a primary school is located near a county cMid'n ne'r line, children from the adjoining county, in cases where may" obtSS 1,1 . . rPermis'n to convenience requires, may, by the concurrent consent of attend sch'i 1 /— -n 1 /- > • '1 . , in adjoining the County Boards of the respective counties, be permitted county. to attend the school ; and, in such cases, the teacher shall make out two accounts for his services, one against each How teach ° ers ac ts are County Board, in amount proportioned to the number of °i»^'^o^ti^ •' ' re such cases. children in the school from the respective counties ; and when a school is established in any sub-district of a higher ^il^b^Jilt'^can grade than the primary, the children of another sub- district, ^ecUch'Pof either in or out of the county, may be permitted to attend out*co. 'only upon such terms or upon the payment of such tuition as of tuiti^T* the County Board may prescribe. Sec. 27. Be it further enacted, That the Board of Edu- Tj^e connty cation of any county shall have the power to establish. ^°'^'^*^* ™^^ i6 BUBLIC SCHOOL LAWS OF GEORGIA. PnWic School System. est'biish er- at such placc as they may deem proper, within the limits in "certaiuof 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 at tending day schools, subject to such regulations not incon- sistent 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. Sec. 28. Be it further enacted, That the academic and The ac'd'm- calendar, or civil years, shall be co-incident, and that it shall Indar years be the duty of the State School Commissioner, by the cident. 15th day of January of each year, or as soon thereafter as The states- practicable, to communicate to the County Board of Edu- Com'ner re- _ quired to cation of each county an approximate estimate, computed com'uni ate .^ i. x ' i. to each Co. uDou the Same basis, as that mentioned in section eight of B rd an ap- r i s prosimatethis ^ct, of the pw rata part of the State School Fund fall- estimate of ' ^ r- the pro ^rata^ot '^^S ^^ ^aid county for that year, and as soon thereafter as Itl^ce^tS^ the said County Board shall communicate satisfactory evi- *™^* dence to the State School Commissioner that arrange- ments have been made by them, by taxation or otherwise, for continuing primary schools, free to all, in operation for three months in the year throughout the entire county, or for two months when it is adjudged necejaary to estab- TheCondi'n lish ambulatorv schools, as hereinafter provided, said county to he jcom- ^ plied with shall be deemed and held entitled to draw her proportion- in order to to dra^v her ^^^ P^*"^ °^ ^^^ State Fund, through the appointed channels, |'Jj»g^«^«^°| whenever said fund is ready for distribution; and until '^'^^^- such evidence is submitted to the State School Commis- sioner, said pro rata part of the State Fund shall remain in the State Treasury to the credit of said county. Sec. 29. Be it further enacted, That whenever, on account County Bd'sO^ sparscncss ot population, it is impracticable for the tffn^ases^ County Boards to make arrangements for keeping up the two^months primary schools for three months of the year, said Boards shall have the power to provide for schools to continue for two months only, and said schools shall be so located as to PUBLIC SCHOOL LAWS OF GEORGIA. 17 Public School System. be convenient to the majority of the children for whose benefit they are established, and shall each contain not less than fifteen pupils ; and the school terms may be so ar- ranged that the same teacher may serve in two, three, or more of said schools. Sec. 30. Beitfurther enacted, That the apportionment Apportion- '■ '■ ment of the of the State School Fund required by the eight section |ta^|Schooi of this act shall be made by the State School Commis-^^^^^ ^^^ sioner, each year, by the first of July, or as soon thereafter ^^^^^^^3^°°^ as practicable, and when the funds drawn under that appor- tionment, as well as any other school funds raised by local taxation, are placed in the hands of any County Commis- sioner, he shall be holden for all amounts so received upon his official bond as Treasurer, and shall disburse the same only upon the order of the County Board of Education; and the said County Commissioner shall not be entitled to compensation for receiving any school funds but as provided herein. Sec. 31. Be it further enacted, That, for the support soiwces of and maintenance of the common schools of this State, the revenue. poll tax, special tax on shows, and exhibitions, a special tax hereafter to be levied on the sale of spiritous and malt liquors, all endowments, devises, gifts and bequests made, or hereafter to be made to the State or State Board of Ed- ucation, any and all educational funds and incomes, not belonging to and due the State University, and one-half the monthly payments made by the lesses of the Western and Atlantic Railroad, or one half the annual net earnings of said railroad, 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 f^^f ^^^ may hereafter adopt in reference to said railroad, are here other*fuiX by declared to be a common school fund, and such other ~™^^|oi. g^! sums as the State may, from time to time, raise, by a gen- potes°&no'ne eral tax upon the whole property of the State. And when not ^be* m- said common school fund shall be received and receipted b'nds esc _pt for, Irom whatever source received, it shall be the duty of cases. i8 PUBLIC SCHOOL LAWS OF GEORGIA. Public School System. the officer authorized by law to receive such fund, to keep the same separate and distinct from other funds, and said funds shall be used for educational purposes, and none other, and shall not be invested in bonds of this State, or in nouobcfre^ other stock, exccpt when investment is necessary to carry comp.'Gen'i out the conditions of an endowment, devise, gift or bequest > ^^atetdforand when taxes are paid into the treasury of the State, the educational ,-> , n /-• i i n • • , , i purp'ses are Comptroller General shall, m no case, receipt a tax col- f%m the lector for the same until that part of the tax so paid in, gross am'nt . . , • i r i i • i • paid in. which was raised lor school purposes, is separated in amount from the gross amount paid in. Sec. 32. Be it further enacted, that the County Board of County B'ds Education shall have power to organize, in each county, ize manual one or more manual labor schools, on such a plan as shall labor sch'ls. be self-sustaining : Provided, That the plan be first sub- mitted to, and approved by, the State Board of Education. Sec. 33. Be it further enacted, That the County Boards couniyB'rdof Education shall not be permitted to introduce into the shall not ^ P®™^* ^1^^^ schools any text or miscellaneous books of a sectarian or characfe? to scctional character. duced?*^° Sec. 34. Be it further enacted, That nothing in this act Local school shall be so construed as to prevent any city with a popula. mfslmJ^— tion greater than two thousand inhabitants, or any county izations'^are under authority of the General Assembly of this State* to rc c c i V G their jarora- from Organizing a public school system, independent of ta share of i • i • i i State School this System, or to prevent the said independent organiza- funds. , . . tion from drawing its pro rata share of all educational funds ^^ . ^. , raised by the State: Provided, The chief executive officer Their chief ■' ' e^cuUv^e of such independent organization shall make the same reg_ make^such"^^^ rcports to the State School Commissioners as are re- requ?red*'^of Quircd from the County Commissioners by this act ; nor comafe^ers! shall this act be so construed as to abridge any privileges of the kind herein recited enjoyed by cities or counties un- der existing laws. Sec. 35. Be it further enacted, That the public school Repealing law, approvcd Octobcr 13, 1870, and that approved Jan- uary 19, 1872, amendatory of the former, and all laws in- PUBLIC SCHOOL LAWS OF GEORGA. 19 Public School System. consistent with the provisions of this act, are hereby re- pealed. Approved August 23, 1872. An Act to amend the various Acts of this State, relating to common schools, so far as these Acts relate to the Poll Tax^ collected by lazv in the various counties of the State. Section 1. Be it enacted by the General Assembly ofTtepoutas this State, That all the poll tax collected in this State shall, bfpaidOTe? from and after the passage of this act, be paid over to the sdiicm'rs County School Commissioners of the several counties of counties. this State, and be, by the County Board of Education, in To be paid ' . . . 'out without the several counties of this State, paid out, without any deduct'n for deduction for fees, or salaries of officers, to the support of, ^^^^s^ ^0*^, o^- the common schools in the respective counties where said coEr'nsch'is poll tax was raised. Sec. 2. Be it further enacted. That all laws and parts of Kepeais c'n- n. .... , , flicting laws laws in conflict with this act, be, and the same are hereby, repealed. Approved February 28, 1874. An Act to cause the enumeration of the school population to be taken every four years, instead of annually^ as at present. Th.G 611 umG- Section 1. Beit enacted by the General Assembly ofrati'nof the the State of Georgia, That the enumeration of the school uiation to be taken in population shall betaken in the year 1874, and quadrien- isre, and ■"• '^ ■/ ' i. quadre n n i- nially thereafter, instead of annually, as heretofore. ^^Yer *^^^'^' Sec. 2. Be it further enacted, That all laws and parts ofjj 5^^,^^ laws in conflict with this act, be, and the same are hereby, flictiugiaws. repealed. Approved February 28, 1874. 20 PUBLIC SCHOOL LAWS OF GEORGIA. Public School System. An Act to require the enumeration of the school population to he taken quadriennially. Section 1. Be it enacted by the General Assembly of The emime- Georgia, That the enumeration of the school population ration of the o ' i i school pop- be taken by the County School Commissioners of all the ulationtobe ■' ^ ^^^^f^^g^y^^g^^ counties in this State, in the year 1874, and at the expira- m^^and^io'^ of every four years thereafter, instead of annually, as years there- heretofore. *'**''''• Sec. 2. Be it further enacted, That all laws and parts of Repeals c'n- laws in conflict with this act, be, and the same are hereby, flictinglaws. , , repealed. Approved March 2, 1874, An Act to provide for the payment of the claims of school offi- cers and teachers for services rendered in the year 1871. Sec. 1. Be it enacted by the General Assembly of the Thei;rom);a State of Georgia, That so much of the State School Fund oftheschool . , . ^ , . , i r Fund app'r- of this State as may now be m the treasury, or may nereai- ti nd to the r • j i l several co's, ter be rcccivcd or collected, as shall, upon a fair and legal or so much of the same apportionment thereof, as hereinafter provided, be found to as may be ■•• -"^ ^ necessary belong to the scvcral counties of this State, in which there appr'priated <=> ' ofthl?riins^^^ existing debts for services rendered by school officers &l'ihi offl- and teachers in the year 1871, or so much, of said fund as cers of 1871. ^^^ j^^ neccssary, be, and the same is. hereby, appropri- ated to the payment of said claims. Sec. 2. Be it further enacted, That it shall be the duty The first ap- of the State School Commissioner, and he is hereby in- ?o°Ve^Sadestructed, withiu six months after the passage of this act, to m'nths after apportion all of the State School Fund which may, at the the passage ^ *■ of act. tinaeofsuch apportionment, be in the treasury, from any The am'nts source, upou the basis and according to the rules now pre- apporUoned » r o i tothesev'ris(,j.jbed bv law ; and when the amount due each of said CO S LO p3,S3 ' hands of tht counties shall have been thus ascertained, the same shall be todia^nTof paid upon warrants drawn according to existing laws upon .^nd^''^"''^ the State Treasury, in favor of the lawful custodians of the PUBLIC SCHOOL LAWS OF GEORGIA. 21 Public School System. School Funds in said counties, and be by them paXd pro raia^^-^^^^^^^' on said claims until the same shall have been satisfied. Sec. 3. Be it further enacted, That such of said fund as other ap- may be received or collected after said apportionment, to V made shall be apportioned and paid as aforesaid every six months of 6 months. after said first apportionment, until said claims have been The ordma- fully paid: Provided, That the Ordinaries or County Com- com'rs may J r 1 ^ levy a tax m missioners, as the case may be, of said counties, shall, upon "fgj^°^^/oPj the recommendation of two-thirds of the grand jury, levy ^^iiooMimd and collect a tax in their respective counties, not to exceed ^^^^^ claims, twenty-five per centum on the State tax, to be used instead of the regular School Fund, or in supplement of that fund, as the said jury may determine, for the payment of said claims : Provided, further. That it shall be the duty of the _. , . ^ , . , , . , , Bo'rd of Ed- Board of Education to scale the accounts of the teachers ucation to . scale acc'nts and County School Commissioners of said counties, when te'ch'rs and Co. S. Com. ever they shall deem the same unreasonable: Provided, ^^ ^_ ■' When debt That in any of said counties when the debt due to the due te'chers -' has been p'd teachers has been fully paid by their patrons, the provis- ^^V^pi,'^ |> ions of this act shall apply only to the claims of County icf not^to School Commissioners : Provided^ also, That the provisions aftw^gjMy of this act shall not apply or operate in any county after commemL'' any grand jury thereof shall otherwise recommend. Sec. 4. Be it further enacted, That after the said claims whenci'ims ' are paid the in any of said counties shall have been paid, under the pro-to"beap*p1rd visions of this act, said funds belonging to such counties ^|p™]'i<^®'^ shall be apportioned and applied to Public Schools, as here- ^^<^ ^o^. ^o to fore provided by law: Provided, That nothing in this acttoaflectpro shall be so construed as to affect such of said State School bating ''no Funds as may, upon, such apportionment, belong to such ^*^ *^° ^ ' counties as have no school debt, for services rendered in the year 1871. Sec. 5. Be it further enacted, That all laws conflicting Repealing section. with this act are hereby repealed. Approved March 3, 1874. 22 PUBLIC SCHOOL LAWS OF GEORGIA. Public Scliool System. An Act to alter the present mode of Disbursing the State School Fund to the several Counties. Section 1. Be it enacted by the General Assembly of state sch'oi the State of Georgia, That after the annual apportionment Com'ner re- «» ? jr i fx'^cut^e^a n °^ ^^^ State School Fund has been made, and when the the Tax c°i^ ^°"^^y School Commissioner of any county shall give co*utyinS^ffi<^i^^ "o^'cs to the State School Commissioner that the cas°com'? PubHc Schools of his county are within three weeks of quota oAhe closing, the latter named officer shall execute an order on the Tax Collector of the county in favor of the County School Commissioner for the quota of the Public School Fund apportioned to the county, signing the order officially and affixing thereto his seal of office, and to transmit the same to the County School Commissioner, s.s.coms'r Sec. 2. Be it further enacted, That the State School shall give ' aTO^iftme\u ^°'^"^'^^^^^'^^'" ^^^^^ ^^"^^ the noticc of apportionment to the c'le^tOT^vho Tax Collector of each county as soon as the apportion- the uxe°8nient is made, and it shall be the duty of the |Tax Collec- f '^''^sXcien't tor to retain in his hands, of the taxes first collected, a paj°the CD's sufficient amount to pay the sum mentioned as the county's ?ng the s'me quota in the notice of apportionment and to pay the same oo'ty com'r to the County School Commissioner as soon as the order sentation of of the State School Comrnissioner is presented. the order of _, thes.s. c. Sec. 3. Be it further enacted, That the Treasurer ot s. Treasurer the State shall receive the order of the State School Com- rectuired to receive the jnissioner as cash in settling with the Tax Collector- order of s.s. ° c. as cash. gg^, ^ gg j^ further enacted, That all laws and parts of laws in conflict with this act, be, and the same are hereby, repealed. Approved February 26, 1875. An Act to repeal so much of the present general school law as requires the county school fund to be apportioned among the sub -districts. Section 1. Be it enacted by the General Assembly of the State of Georgia, That so much of the general school law PUBLIC SCHOOL LAWS OF GEORGIA. 23 Public School System. of this State, approved August 23, 1872, as requires the Repeals the County School Commissioner to make an apportionment requirrs the of the school fund of the county, both that which may be of a cou'Sy derived from the State, and that which may be raised by tioned am'g , , the sub-dis. general taxation upon the property of the county, on the basis of the number of children of school age in the several sub districts, and report the same to the County Board, and to disburse said funds in accordance with said apportion- ment, be, and the same is hereby repealed. Sec. 2. Be itffurther enacted, That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved February 26, 1876. An Act to authorize County School Commissioners and mem- ber's of County Boards of Education to administer oaths in certain case's^ Sec. 1. Be it enacted by the General Assembly of theco^tySch'oi r> r iT^ • T"! r 1 r 1 r i • Com'rs and State 01 Georgia, ihat from and after the passage of this members of ° r fc. Co'nty B'ds act, County School Commissioners and members of the of Educarn ^ may adm'er County Boards of Education shall be empowered and au- oaths. thorized to administer such oaths as may be necessary in transacting school business, or in conducting investigations before the County Boards, when sitting as judicial tribu- nals for determining controversies arising under school laws. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this act be, and the same are here- by repealed. Approved February 23, 1876. 24 BUBLIC SCHOOL LAWS OF GEORGIA. PuWic School System. A7Z act to provide for the appointment of School Trustees for the sub -districts of the counties y and to prescribe the duties of the same. Sec. 1. Be it enacted by the General Assembly of the Boards of State of Georgia, That it shall be the duty of the County required to Boards of Education of the several counties, at the first sch'i Tms- meeting held by them after notice has been received of the sub-district, passage of this act, to appoint three intelligent, upright cit- , , izens of each sub-district of their respective counties, to act Terms of of- jt . ' flee of sch'i as school trustccs for their sub-districts, naming one of the Trustees ' ° fixed. appointees to serve for one year from the date of his ap- pointment, one to serve for two, and one for three years ; and as vacancies occur by the expiration of the terms of incumbents, the Board shall fill these vacancies with appointees whose term of office shall be three years ; filled by the and should vacancics occur by death, resignation, or Education. Otherwise, the Boards of Education shall fill these vacan- cies for the unexpired term ; and whenever school trus- tees are chosen as herein provided, the fact shall be record- ed in the minutes of the County Boards, and the ap- pointees shall receive certificates of their appointment for^^nterin? from the County School Commissioner, and these certifi- pfrfomfiS g cates shall be their sufficient warrant for entering upon and their duties, p^^f^^j^j^g the dutics of their office. Sec. 2. Be it further enacted by the authority aforesaid, sch'oi Trus- That it shall be the duty of the School Trustees, herein supervise provided for, to supervise the school operations of their school oper- . . i , , i i t ations, visit sub districts, to visit the schools and to make such recom- schools and make rec- mendations to the County Boards m relation to the school om'ndati 'ns "^ to Boards, interests of their sub-districts as may seem to them best; ttierigM to^"^*^ especially, in the matter of choosing teachers for their app°iic a'nu sub-districts, it shall be their right to recommend applicants, piacetf'^and and it shall be the duty of the County Boards to choose, as choo'^e^re teachers, the persons so recommended, provided they shall recom'nd'd! be pcrsous duly qualified and eligible, according to the qualified "to present provisions of law ; and, furthermore, it shall be the duty of the School Trustees, in recommending persons as PUBLIC SCHOOL LAWS OF GEORGIA. 25 Public School System. teachers, to recommend those persons who, in their opin- '^^f*®!^ ""^^^^ ion, are the choice of the communities to be served ; and forteacheM^ it shall, furthermore, be the duty of the School Trustees ^ifsons who to make a written report, onQe a year, to the County c hole e^ol Boards in relation to the matters committed to their super- tlel tTb e vision, or oftener if required by the County Boards of Ed- Trustees re- ,• quired to UCatlOn. make a w't- Sec. 3. Be it further enacted by the authority aforesaid, to^the'^Bo^d, rri , . . , . , . 1,1 ^*' Isast once Ihat nothmg contamed m this act shall be so construed as a year. n- • 1' r r Nothing in to conflict with any law now of force in relation to any citytusactshaii ' "^ -^ be so Con- or special county school system. stmedas to ^ ■^ "^ confl't with Sec. 4. Be it further enacted by the authority aforesaid, \l^^ ^^^°°^ That the County School Commissioner in each county com'fsliTan shall only visit the various public schools at such times as JchooL on^y be, may be directed by the County Board of Education. rected'to'do Sec. 5. Be it further enacted by the authority aforesaid, Boards.*''^ That all laws and parts of laws in conflict with the provis- conflict^in°g ions of this act are hereby repealed. ^^^' Approved February 22, 1877. An Act to require the County School Commissioners of the several counties to make Annual Reports of School Opera- tions .^ and to submit their books for examination to the Grand Juries of their respective counties. Sec. 1. Be it further enacted by the General Assembly of the State of Georgia, That it shall be the duty of the Cora's must _,_,.. '' report once County School Commissioners of each ot the counties of a year, to Gr'd Juries. this State to make a report of the school operations of the ^j^^ j^^..^^ preceding year to the grand jury, at the spring term oi'^^^\^^^^_ the court, and to place his books before them for exami- pres'tml^'ts^ nation; and in making up the general presentments, itfer^^hus shall be the duty of the jury to take proper notice of the foSem^^' matters thus brought to their attention. 26 PUBLIC SCHOOL LAWS OF GEORGIA. Public School System. Sec. 2. Be it further enacted, That all laws and parts of Ke^f iscon- Ip^ws which Conflict with the provisions of this act be, and the same are hereby, repealed. Approved February 21, 1877. Note.— During the last session of the General Assembly, cer- tain local school laws were passed, as follows : One for the town of West Point ; one for the counties of Ware, Echols, Lowndes, Ber- rien, Charlton, Dodge and Clinch; one for the county of Rabun, and one for the county of Jefferson. The local law for the city of GriflSn was repealed, and that for the county of Kichmond was amended. An act making a slight modification of the school sys- tem, so far as relates to the county of Forsyth, was also passed. Certain other local acts in reference to the school ilebt of 1871 were passed : One for the county of Rabun; one for the counties of Gil- mer, Whitfield, Butts, Uniou and Randolph, and one for the coun- ties of Stewart and Chattahoochee. There are also other local school laws, passed by former General Assemblies. I have not in- cluded these local laws in this edition of our school laws, for the reason that it would be too expensive. I must refer the school authorities of these counties and cities to the Acts of the General Assembly, as published. I would remind the school officers, in the cities and counties under local school laws, that all portions of the general school laws of the State, which are not in confiict with their local statutes, are in force in their respective communities. GUSTAVUS J. ORR, State School Commissioner. c: iMJiilniiil'