Ij IJ I! U u i I i 11 An Act To Revise the School Laws of Georgia 1 1911 U i u ^ c^' \^^ I A BILL To be entitled an Act to revise the school laws of the State of Georgia ; to substitute the State Super- intendent of Schools for the State School Com- missioner; County Superintendent of Schools for County School Commissioner ; to provide for the appointment of a State Board of Education, a County Board of Education, three Supervis- ors of Schools and Institutes, and an Auditor; to prescribe their duties, powers and qualifica- tions, and fix their salaries; to provide for a secretary and executive agent of the State Board of Education; to fix his salary, and for other purposes. Section 1. Be it enacted by the General Assem- bly of the State of Georgia, and it is hereby enacted by the authority of the same, That there shall be a State Board of Education composed of six members as follows: The Governor, the State Superintendent of Schools, and four other persons, who shall be ap- pointed by the Governor of the State, two for two years and two for four years, their terms of office thereafter to be for four years each, or until their successors are appointed and qualified. At least three of said appointees shall be men of practical experience in teaching schools and of high standing in educational work, having at least three years' practical experience as a teacher in the schools of Georgia, and being thoroughly conversant with the operation of rural schools. Should a vacancy occur at any time in said Board it shall be filled by the Governor providing that the nomination of the Gov- ernor for membership on the State Board of Educa- tion shall be subject to confirmation by the Senate; and provided further that an appointment made when the Senate is not in session shall be effective until the legislature convenes and acts on the appointment. No person who is now or has been connected with or employed by a school book publishing concern shall be eligible to membership on said State Board of Education, and if any person shall become so con- nected or employed after becoming a member of said Board his place on said Board shall become vacant. Sec. 2. The said Board of Education shall take oaths of office and enter upon the discharge of their duties immediately after their appointment. They shall meet in the office of the State Superintendent of Schools. The Governor shall preside over their body as Chairman of the Board When it is practi- cable for him to be present ; but when he cannot be present, they shall select their Chairman and pro- ceed with their business whenever a majority of the Board is present. The Board shall meet at least quarterly in regular session and at any other time when an emergency arises, and they shall be called together by the Governor of the State or School Superintendent. The four appointees shall receive as compensation for their services $250.00 per an- num each, which shall be paid out of the State Treasury on the warrant of the Governor and be al- lowed their actual traveling expenses in going and returning to their homes, upon submitting a sworn itemized statement accompanied by proper vouc'h- ers and not otherwise. The total expenses for the four appointees shall not exceed $100. Sec. 3. The State Board of Education shall pro- vide rules and regulations for supervision of all schools in the State. They shall provide the course of study for all common and high schools of the State receiving State aid. They shall select and make out a list of text-books to be taught in said scli^ools, which can be changed only every five years; unless the peculiar conditions of any county or community demand certain changes, in which case, the County Board, together with the County Superintendent, shall make application to the State Bo^rd suggesting such changes and give their rea- sons therefor, \rhereupon if the said Board sees proper, their request shall be granted. Provided this clause shall in no way affect the present State adoption of books. This Board of Education shall be the final court of appeal to hear and decide all matters which have been appealed from the State Superintendent of Schools. They shall determine the necessary office force of the State Superinten- dent of Schools and shall fix the compensation of the same. Not, however, to exceed $1,800.00 j^er annum, more than at present paid. Sec. 4. Each county in the State shall consti- tute a school district and the public school funds shall be apportioned among the several districts by the State Board of Education as now provided by law. They shall also provide for normal instruc- tion of teachers in each of the districts, either by institutes or otherwise. They shall have poAver to compel the attendance of teachers upon such nor- mals and institutes, to provide penalties for non- attendance, to provide for the examination of the teachers of said State, iind to grant licenses to those that are qualified who desire a State or special li- cense. Sec. 5. Be it further enacted, That in the place of the State School Commissioner the office of State Superintendent of Schools is substituted, provided that the person now holding the office of State School Commissioner shall serve as State Superin- tendent of Schools during the remainder of the term for which he was elected, and exercise all of the du- ties now exercised by such official, in addition to powers herein granted. The term of office shall be for two years and until his successor is elected and qualified. He shall be elected as the present State School Commissioner is elected and exercise the same powers, except as hereinafter may be changed or altered. Sec. 6. Be it further enacted, That upon entering upon the discharge of his official duties, the State Superintendent of Schools shall give bond in the penal sum of Ten Thousand ($10,000) Dollars to the State of Georgia, with some approved surety company which shall be acceptable to the Secretary of State, conditioned that he will truly account for and apply all money or other property which may come into his hands in his official capacity for the use and benefit of the purpose for which it is in- tended, and that he will faithfully perform the du- ties enjoined upon him by law. He shall take and subscribe an oath to diligently and faithfully dis- charge the duties of his office. The bond with cer- tified endorsement thereon, shall be filed with the Secretary of State, the premium charged for said bond shall be paid out of the Treasury of the State. Sec. 7. In addition to the powers hereinbefore given, the said State Superintendent of Schools shall be the Secretary and Executive Agent of the State Board of Education, for which services he shall receive One Thousand ($1,000) Dollars. Sec. 8. Be it further enacted. That to render a person eligible to hold the office of State Superin- tendent of Schools he shall be a man of good moral character, of high educational standing, have had at least three years' practical experience as a teacher, or in lieu thereof shall have a diploma from a repu- table college or normal school, or shall have had five years' experience in the actual supervision of schools, and be at least thirty years of age. Sec. 9. The State Superintendent of Schools shall carry out and enforce all the rules and regula- tions of the State Board of Education and the laws governing the schools of the State receiving State aid, he shall from time to time make such recommen- 8 dations to the State Board as may affect the wel- fare and efficiency of the public schools throughout the State; he shall have authority to suspend a County Superintendent of Schools for incompeten- cy, willful neglect of duty, misconduct, immorality or the commission of crime involving moral turpi- tude, provided of course that all of his acts in this matter shall be subject to the approval of the State Board of Education and the party so suspended may appeal his case to the State Board, whose decision shall be final. The State Superintendent of Schools shall have power, with the consent and approval of the State Board of Education to appoint three State School Supervisors, -w^hose professional quali- fications shall be the same as State Superintendent's who shall act under the direction of the State Super- intendent of Schools and fill the place of the experts provided for in the Acts of 1891, which were amend- ed in 1892 and 1893. The salaries paid these Super- visors shall be fixed by the State Board of Educa- tion and shall not exceed Two Thousand Dollars each per annum, together with necessary traveling expenses ; provided the same shall not exceed $2,- 000 dollars. The Supervisors shall keep itemized statements of their expenses, which shall be sworn to monthly and approved by the State Superinten- dent of Schools and be paid out of the State Treas- ury. It shall be especially the duty of these Super- visors to act as instructors or institutes to give State normal instruction and training as the State Super- intendent may direct in each county; to grade the papers of applicants for professional certificates or State licenses and to aid generally in supervising, systematizing and improving the schools of the State under the direction of the State Superinten- dent of Schools. Sec. 10. The State Superintendent of Schools with the advice and approval of the State Board of Education, shall appoint one person who shall be a competent and experienced bookkeeper and accountant at a salary of Two Thousand Dollars per annum, together with his actual traveling ex- penses, whose duty it shall be to thoroughly audit and check the books and accounts of County Super- intendents and i:/he Treasurers of local school sys- tems, of municiapl systems, of the State University and all its branches, including the District Agricul- tural Schools, the State College of Agriculture, Tech- nological Schools and all other schools receiving State aid and make regular annual reports to the State School Superintendent showing the amount 10 received, for what purpioses received, and for what purposes expended. All such funds held by officials must be kept in banks separate from their individ- ual bank accounts. He shall be allowed his trav- eling expenses from itemized statements sworn to, as the Supervisors are allowed theirs in the forego- ing section, provided the total expenses shall not be more than $1,000 per annum. Sec. 11. It shall be the duty of the State Super- intendent of Schools, in addition to the powers al- ready granted, that in the event of a misapplication of any of the funds apportioned to any of the insti- tutions of learning or schools receiving State aid he shall at once proceed to recover the same by the in- stitution of proper procedure in the courts of com- petent jurisdiction after demand is made upon the party misapplying the funds to settle same. Should it become necessary to procure additional legal services other than that of the Attorney-General, the Governor is authorized to procure special or lo- cal counsel and arrange to pay for the recovery of said funds, such fee out of the funds collected as is usual and customary in the locality where the suit is instituted. Sec. 12. Be it further enacted, That the office of 11 County Superintendent of Education shall be sub- stituted for the office of County School Commis- sioner, provided that the persons now holding the office of County School Commissioner shall con- tinue to serve as County Superintendent of Schools during the remainder of the term for which they were elected respectively. In the regular election for State-house officers prior to the expiration of the present term of office of the County School Commissioner, there shall be elected by the qualified voters of each county in this State a County Super- intendent of Schools, whose term of office shall be for four years ; and every four years thereafter there shall be an election for the purpose of filling such office. The duties of the County Superinten- dent of Schools shall be the same as those of the County School Commissioner, except as hereinafter changed. It shall be his duty to enforce all regu- lations, rules, and instructions of the State Super- intendent of Schools and of the County Board of Education according to the laws of the State and the rules and regulations made by the said State Board of Education that are not in conflict with the State laws ; and he shall together with the State Supervisors hereinbefore provided for, super- 12 intend the county normals and institutes for the teachers of his county, and shall visit every school, both white and colored, within his school district which receives State aid, at least once every sixty (60) days and familiarize himself with the studies taught in said schools, see what advancement is being made by the pupils, advise with the teachers and otherwise aid and assist in the advancement of education. Sec. 13. He shall superintend examinations of all teachers of his county as provided by law. He shall hereafter suspend any teacher under his super- vision for a non-performance of duty, incompe- tency, immorality or inefficiency, and for other good and sufficient cause, for which decision the teacher may appeal to the County Board of Education, and either being dissatisfied with their decision, they can appeal to the State Superintendent or from there to the State Board of Education, the decision of which shall be final. Sec. 14. Before any person shall be qualified or eligible to the office of County Superintendent of Schools, he shall ^ave had at least three years' practical experience in teaching, one year of which shall have been in the schools of Georgia, hold a first- 13 grade license, or in lieu thereof shall have a diplo- ma from a reputable college or normal school, or shall have had five years' experience in the actual supervision of schools, or stand an approved exami- nation before the State Board as to his qualifica- tions, and be a resident of the county in which he offers for election, be a person of good moral char- acter, never convicted of any crime involving moral turpitude. The County Superintendent shall per- form all the clerical duties which are now required of the County School Commissioner. Sec. 15. Be it further enacted. That each Coun- ty School Superintendent within the State of Geor- gia shall receive a minimum salary of $450.00 per annum, and an annual allowance of $150.00 tor the purpose of defraying the expenses of visiting the schools within his county at least every sixty (60) days, or a total of $600.00, which salary shall be paid out of the school funds of Georgia monthly; and in addition thereto, the county Board of Edu- cation shall allow such additional compensation for the services to be rendered as may be in their judgment proper and just. Sec. 16. Be it further enacted. That the County Board of Education shall consist of five (5) mem- 14 bers as now provided by law and selected by the Grand Jury as now provided by law, except that the Grand Jury in selecting such members shall not se- lect one of their own number then in session, nor shall they select any two of those selected from the same militia district or locality, nor shall they se- lect any person who resides within the limits of a local school system operated independent of the County Board of Education, but shall apportion members of the Board as far as practicable over the county; they shall select men of good moral character, who shall have at least a fair knowledge of the elementary branches of an English educa- tion and be favorable to the common school sys- tem. Sec. 17. Be it further enacted, That th^ County Board of Education shall have and exercise all the powers that are now exercised by the County Board of Education except as may be herein changed; provided that the county school superintendent and county board of education shall make rules to gov- ern the county schools of their respective counties; upon being called together by some one of their number after their selection, they shall organize by selecting a chairman. The County Superintendent 15 shall act as Secretary of the Board, and keep the minutes of their meetings and make a permanent record of the same and do any other clerical work that they may direct him to do. Said board may suspend the County Superintendent same as State Superintendent, and may suspend teachers same as County Superintendent. In each case there may be an appeal to State Board. Sec. 18. Be it further enacted, That after the passage of this Act, the Board of Education of any county shall have the right if in their opinion, the welfare of the schools of the county and the best interests of the pupils require, to consolidate two or more schools located in the same or different dis- tricts into one school, to be located by said Board at a place convenient to the pupils attending the same, said school house to be located as near the center of the district or districts involved as prac- ticable. Whenever two or more schools are consoli- dated as hereinafter provided, the County Superin- tendent sihall call an election of trustees for said consolidated schools from the district or districts concerned; said election shall be held in accordance with the provisions of existing law, and the result determined and declared by the Board of Educa- tion. The County Board of Education shall have 16 the further power, when the best interests of schools demand to separate or divide any school dis- trict into two or more school districts and to pro- vide for the election of a Board of Trustees for each of said districts, and to do all other things for the government and control of said districts as is herein provided for the organization and control of school districts. Provided that such County Boards of Education shall have authority to establish two schools in any school district in this State if they deem it best to do so. Sec. 19. Be it further enacted, That whenever in the opinion of the County Board of Education, the best interests of the schools demand, the Board of Education shall have the right to consolidate two or more districts or parts of districts or to add any part of one district to any other district or to change the line or lines of any district at any time, , v^hen in their judgment the best interests of the schools require such change, into one school district with the purpose of the election of the Board of Trustees and of the location of the school at some central place as hereinbefore provided; but should as many as ten of the patrons of the said school or schools object to the consolidation, it shall be the duty of the County Superintendent to call an elec- 17 tion to be held in said district or districts affected, giving thirty (30) days notice of same by publish- ing the same once a week for 4 weeks in the paper in which County advertisements are published, and also by posting notice at 3 or more public places in the district, or districts to be affected thereby, at which election should a majority of the qualified voters vote for consolidation, the schools shall be consolidated; otherwise, not. The result of such election shall be determined and declared by the Board of Education and the same shall be held as other elections are held. Sec. 20. Be it further enacted. That whenever the County Board of Education deems it for the best interest of a school, it shall have the right to pro- vide means for the transportation of the pupils to and from said school, provided that no school is established in three miles of the pupils to be trans- ported ; provided that this shall only apply to school or schools where two or more districts have been com- bined or consolidated and such other schools that are now furnishing transportation. No school trus- tee, teacher, or superintendent of county schools shall be interested financially in the transportation of pupils. 18 Sec. 21. Be it further enacted, That it is not the intention of this Act to repeal or interfere with the laws which have been enacted establishing local tax district schools, mnnicipal schools, or other schools already established by law, except that no per- son shall be allowed to teach in any school in the State of Georgia receiving State aid without first standing an examination and procuring a license as provided by the State Board of Education and State Superintendent, provided they are hereby authorized and directed to prescribe and require a different examination of teachers Who are engaged in teaching primary grades only, from that required of teachers of higher grades; provided, neverthe- less, that the State Board of Education may, when the authorities in charge of any local municipal schools are maintaining a sufficiently high standard of examinations for its teachers, delegate to the au- thorities of these systems the right to license teach- ers to teach in their respective systems, upon ex- aminations to he provided by such local authori- ties, reserving, however, to the State Board of Edu- cation the right to revoke this delegation of authori- ty as to any local system whenever it appears that the authorities of that system have relaxed the 19 standard or failed to give examination. Nothing here- in contained shall be construed as affecting the right of the authorities of local municipal systems to 'p^e- scribe the courses of study therein, or select text- books, in those schools where they are now allowed to do so by law. Sec. 22. Be it further enacted. That none of the provisions of this bill shall apply to local county school systems which were in existence at the time of the adoption of the Constitution of 1877. Nor shall any of the provisions of this act apply to the school system of any municipality having a popula- tion of one hundred thousand people or more. Sec. 23. Be it further enacted, That no member of the State Board of Education or any appointees of said Board or any other person or persons that has the authority of selecting or in any way aiding in the selection of school books for the schools of Georgia shall not for themselves or any member of their respective families receive any gifts, compen- sation or remuneration of any kind from any school book publishing house, corporations, individuals, or the agents or representatives of either, nor shall any person, publishing house or corporation engaged in publishing or the sale of school books offer to any 20 of said board or their families or appointees any gift, compensation or remuneration, directly or in- directly. Any person violating the provisions of this section shall be guilty and punishable for a misdemeanor. Should any of the afore-mentioned publishing houses, corporations or persons engaged in publishing or selling school books offer to any of the afore-mentioned officers, their families or appointees any such compensation, remuneration or reward of any kind, it shall be their duty to report the same to the grand juries of their respective counties, and on failure or refusal to do so, they or either of them so failing or refusing shall be guilty and punishable for a misdemeanor, and said officers on conviction thereof shall be removed from office. Sec. 24. All laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. 21 LIBRARY OF CONGRESS 019 749 598 4