Compilation of laws and decisions relating to the common school system and list of state educational institutions of Georgia ... 1906

Front matter

Class __ I Book_

M

OFFICIATE DONATION.

Part I. — State Board of Education. ^' II. — State School Commissioner

*'' III. — County Board of Education.

^^ IV. — County School Commissioner.

^ V. — Financial.

'^ VI. — Long Term Schools.

'' VII.— County Institutes.

'^ VIII. — Examination of Applicants for License to Teach.

'' IX. — School Census.

'* X. — Miscellaneous.

'' XL — Uniform Text-book Law.

'' XII.— Local Tax Law.

'* XIII. — Child Labor Law and State Reformatory Law.

" XIV. — Extracts from Decisions and Instructions of State

School Commissioners.

*^ XV. — Extracts from Decisions of State Board of Education.

^' XVI. — Extracts from Opinions of Attorneys-General.

*^ XVII. — Extracts from Decisions of Supreme Court. ^' XVIII. — List of State Educational Institutions.

"Among the duties of parents to their children is that of giving them an education, suitable to their situation in life ; a duty pointed out by reason as of the greatest importance. For, as Puffendorf well observed, it is not easy to imagine or allow that a parent has conferred any considerable benefit upon his child by bringing him into the world ; if he afterwards entirely neglects to culture his education, and suffer him to grow up like a mere beast to lead a life useless to others and shameless to himself." — Sir William Blackstone.

JAN D.

SCHOOL LAWS.

PART I.

STATE BOARD OF EDUCATION.

Members.

Section i . Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the ^^^_^p^^„g same, That the Governor, the Attorney-General, the Secretary ^^• of State, the Comptroller-General, and the State School Commissioner shall constitute the Georgia State Board of Education. Of this Board the Governor shall be ex officio President, and the State School Commissioner the chief executive officer. The Clerk of the State School Commissioner, as hereinafter provided for, shall be the Clerk of the State Board of Educa- ■ tion. He shall be the custodian of its records, papers, and effects, and keep minutes of its proceedings, and said records, papers, and minutes shall be kept in the 'office of the Commissioner, and shall be open to inspection.

]?f e e t i 11 g"— Q, u or lun .

Sec. 2. That the said Board shall meet, upon the call of its President or a majority of its members, at the office of the Acts of State School Commissioner at the Capitol, or at such other es^''^^^^ place as may be designated in the call. A majority of the Board shall constitute a quorum for transacting business.

Donations for educatioual purposes.

Sec. 3. That said Board may take and hold, to it and its successors, in trust for the State, any grant or devise of lands, ^yl^ page or any donation or bequest of money, or other personal prop-^'*^' erty, made to it for educational purposes, and shall forthwith place in the hands of the Treasurer of the State for safe-keeping all moneys and personal property so received, and titles to

6 CoMPiivATiON 01^ Common SchooIv Laws.

land , taking therefor a receipt from said officer. When it is evidently the intention of the donor or devisor that the coypus of moneys thus received is not to be used, the General Assembly may, from time to time, invest said moneys in the name of the State ; provided^\h.dX all moneys obtained under this section , together with the profits accruing from investment, shall be subject to use only for educational purposes. The Treasurer of the State shall pay to the order of the Board the income or principal thereof as said Board may, from time to time, require in pursuance of law, but no disposition of any devise, donation or bequest shall be made inconsistent with the conditions or tenor of the devise, donation or bequest. For the faithful keeping of all property or moneys so received by the Treasurer,, he shall be responsible upon his bond to the State, as for other funds received by him in his official capacity.

Seal.

Sec. 4. That the State Board of Education shall procure a 1887! plge suitable seal, which shall be used for the authentication of the acts of the Board and the important acts of the State School Commissioner.

Advisory body— hears appeals from decisions of State Scbeol CoBa> missioner.

Sec. 5. That the State Board of Education shall constitute Acts of an advisory body, with whom the State School Commissioner 69- ' shall have the right to consult when he is in doubt as to his

official duty ; and also a body in the nature of a court to which appeals shall be made from the decision of the State School Commissioner upon any question touching the construction or administration of the school laws; and the decision of the State Board, when rendered, shall be final and conclusive upon the matter in issue. Appeals to the State Board must be made through the County Commissioner in writing, and must distinctly set forth the question at law, as well as the facts, in the case upon which the appeal is taken. Upon any question involving the construction or administration of the school laws,

ScHOoiv Laws. 7

the concurrence of a majority of the whole Board shall be necessary in order to give validity to the decision.

Additional Duties of State Board of Education.

As State Schoolbook Commission, State Board is required to select text- books for the common schools of the State. (See Part xi.)

Compilation of Common SchooIv Laws.

PART II. STATE SCHOOIi COMMISSIONER

Election— cSiarg-cd. witli adniiiiisiratiou of school la^v and superintendence of common scliool affairs.

Section i. There shall be a State School Commissioner Acts of elected by the people at the same time and manner as the Govi89i,page ernor and State-house officers are elected, whose term of office shall be two years and until his successor is elected and qualified. His office shall be at the seat of government and lie shall be paid a salary not to exceed two thousand dollars ($2,000) per annum. The General Assembly may substitute for the State School Commissioner such officer or officers as may be deemed necessary to perfect the system of public education. He shall be charged with the administration of the school laws, and a general superintendence of the business relating to the common Acts of schools of the State. He shall prescribe suitable forms for the

^9. reports required of subordinate school officers and blanks for

their guidance in transacting their official business, and shall, from time to time, prepare and transmit to them such instructions as he may deem necessary for the faithful and efficient execution of the school laws, and by whatsoever is thus communicated to them shall they be bound to govern themselves in the discharge of their official duty ; provided^ nevertheless^ there shall always be an appeal from the State School Commissioner to the State Board of Education as hereinbefore enacted.

Some specific duties— contents of Annual Report.

Sec. 2. That it shall be the duty of the State School Com- ^887!pige ti^issioner to visit, as often as possible, the several counties of ^' the State for the purpose of examining into the administration

of the school law in said counties, of counseling with school officers, of delivering popular addresses, of inspecting school operatiouo, and of doing such other acts as he may deem subservient to the interests of popular education.

State School Commissioner. . ^

Sec. 3. The State School Commissioner shall see that the proper actions provided by law are brought against all officers ac^s of and agents of the system, who are liable to the same, for misap- ''^' plication of the school fund or other cause.

Sec. 4. That the State School Commissioner shall make an annual report to the General Assembly, in which he shall present a statement of the condition and amount of all funds and property appropriated to the purpose of public education ; a statement of the number of common and public schools of the various grades, in the State ; the number of scholars attending^ ^^ such schools ; their sex, color, and the branches taught ; a state- If'-' ^'^^^ ment of the average cost per scholar of instruction under the common school system in each county ; a statement of the plans for the management, extension and improvement of the common schools ; a statement of the number of children of school age in the State, with as much accuracy as the same can be ascertained ; also, a statement of the number of private schools and colleges of the different kinds in the State ; the number of pupils in such schools or colleges ; their sex, the branches taught, the average cost of tuition per scholar in said schools and colleges.

Salary and expenses of ol't'ice— oath.

Sec. 5. That the State School Commissioner shall be enti; tied to receive for his services the sum of two thousand dollars Acts of annually m quarterly installments. All his necessary traveling 71. expenses incurred in the performance of his official duties, 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 to aid him in his official duties. His clerk shall receive an annual salarv, not exceedino- twelve hundred dollars, to be paid quarterly. The salaries and other expenses named in this section shall be paid out of the State school fund on executive warrant. It shall also be the duty of said Commissioner to keep an itemized account of all expenses connected with his department, which account shall be audited by the State Board of Education.

Sec. 6. That before entering upon the discharge of his of-^ 1887^ page ficial dutics, the said Commissioner shall take and subscribe tothe same oath required of other officers of this State.

Additional Duties of State School Comfjiissioner^

State School Commissioner is member of State Board of Education- (Part 1, Sec. 1) ; uses seal (Part 1, Sec.4) ; is member of Geological Board. (Acts of 1894, page 111).

i County Board oi? Education. . 11 j i

i

Part III. A County Board Of Education. '

£ac]i comity a school district. j

I

Section i. That hereafter each and every county in the ]

State shall compose one school district, and shall be confided fg^7^ page !

to the control and management of a County Board of Edu- ' " !

cation. i

:i i

Selection, qualif icatloii and term of office o€ members of Coniity- j

Board of Edncation— Compensation. ]

i

Sec 2. That the grand jury of each county (except those !

counties which are under a local system) in this State shall fg^g^^^ge i

from time to time select from the citizens of their respective ^"" <

counties five freeholders, who shall constitute the County Board j

of Education. Said members shall be elected for the term of 1 four years, and shall hold their offices until their successors shall be elected and qualified ; provided^ however, that no publisher of school-books, nor any agent for such publisher, nor any person who shall be pecuniarily interested in the sale of school-books, shall be eligible for election as member of any

Board of Education or as County School Commissioner of any i

county in this State ; provided further^ that whenever there is ]

in a portion of any county a local school system having a Board I

of Education of its own, and receiving \Xs pro rata of the public fsoy^plge ' school fund directly from the State School Commissioner, and having no dealings whatever with the County Board of Education, then the members of the County Board of Education of

such county shall be selected from that portion of the county j

not embraced within the territory covered by such local system '

See Part xiv, Note 4.

See Part xv, Note 1. i

Sec. 3. That the members of the Board of Education in j each county shall each be paid a per diem not to exceed two Aets of dollars for each day's actual service out of the school fund ap- 87.

portioned to the county ; and their accounts for service shall be submitted for approval to the Ordinary or County School Commissioner; and they shall not receive any other compensation, such as exemption from road and jury duty.

Certificatioji of election— removal from of t ice— vacancies.

Sec. 4. That whenever members of a County Board are elected or appointed in pursuance of the provisions of the above section, it shall be the duty of the Clerk of the Superior Court to forward to the State School Commissioner a certified statement of the facts, under the seal of the court, signed officially by him, as evidence upon which to issue commissions, and the corresponding evidence of the election of a County Commissioner shall be the certified statement of the Secretary pro tern, of the meeting of the Board at which the election was held. Any member or members of the County Board of Education s'hall be removable by the judges of the Superior Court of the county, on the address of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office; that the judge of the Superior Courts of this State shall have the power to fill vacancies by appointment in the County Boards of Education for the counties composing their respective judicial circuits, until the next session of the grand juries in and "for said counties, when said vacancies shall be filled by said grand juries.

S^e Part xiv, Note 1. !^ee Part xiv. Note 2.

See Part xvii, Note 5-

Of ticers— sessions.

Sec. 5. That the Board of Education shall elect one of their number President, who shall serve as such during the term for which he was chosen a member of the Board. The County School Commissioner shall be ex officio Secretary of the Board. A majority of the Board shall constitute a quorum for the transaction of business. It shall be the duty of said Secretary to be present at the meetings of the Board, and to record in a book,

County Board of Education. IS

to be provided for the purpose, all their official proceedings, which shall be a public record open to the inspection of any person interested therein, and all such proceeding's, when so recorded, shall be signed by the President and countersigned by the Secretary.

Note. — It is important that the minutes of the meetings of the County Board of Education should be kept in full.

Sec. 6. That it shall be the duty of the County Board of Bdu- {

cation to hold regular sessions on the first Tuesday of the f^'f^y^ page j

month succeeding their election, and each three months there- ^' |

after, at the court-house of the county for the transaction of 1

business pertaining to the public schools, with power to adjourn Amended i

from time to time, and in the case of the absence of the Presi- ]^:^^' P^se '

dent or Secretary, they may appoint one of their own number \ to serve temporai^ily.

School Sub-Districts— employ meiit of tfacliers— written contracts j

Aviili teachers— teachers' reports— appointment and. duties of trustees*

vSec. 7. That the County Boards shall lay off their counties into sub-school districts, in each of which sub-school districts }^'^' p^8« they shall establish one common school each for the white and colored races where the population of the two races is sufficient, which schools shall be as near the center of the sub-school dis- ;

tricts hs can conveniently be arranged, reference being had to ' |

any school-house; already erected, and population of said sub- ;

school district, and to the location of white and colored schools with regard to contiguity ; provided^ however, that in such sub- |

school districts where more than one school is demanded, then i

they may establish one or more additional schools in such sub- I

school district ; and provided also^ that whenever it becomes j

proper to lay off n^w sub-school districts, or alter the boundaries '

of those already laid off, the said Board shall have full power to make such changes as the public necessities may require.

See Part xii, Sec. 1. See Part xiv, Note 11. ]

8ee;Part xiv, Note 6. See Part xvii, Note 7. 1

See Part xiv, Note 9. J

14 . Compilation of Common Schooi^ Laws.

Sec. 8. The said County Boards are also empowered to em-

1889^ pige P^oy teachers in the manner hereinafter pointed out, to serve in

''^^' the schools under their jurisdiction, and the contracts for said

service shall b'^ in writing, signed in duplicate by the teacher

on his own behalf and by the County School Commissioner on

behalf of the Board.

Note. — A large number of the misunderstandings between commissioners and teachers come from failure to make contracts in writing.

See Part xiv, Note 8. See Part xiv, Note 12.

See Part xiv, Note 10.

It shall be the duty of the teachers to make and file with the ^88? pige County Commissioners at 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, distinguishing between males and females and colored and white, together with the names thereof, and the entire and the average attendance, the branches taught, the number of pupils engaged in the study of each of the said branches, and such other statistics as he or she may be required to report by the County Commissioner, or by the State School Commissioner, and until such report shall have been prepared, sworn to and filed by said teacher as aforesaid, it shall not be lawful for said County Commissioner to audit the account of said teacher for his or her services.

• See Part xv, Note 4.

Sec. 9. That the County Boards of Education, whenever, in

1889^ page their opiuiou, the good of the schools in their respective counties demand it, may, at their discretion, appoint three intelligent, upright citizens of each sub-district of their respective counties to act as school trustees for their sub-districts, naming one of the appointees to serve for one year, and one for two, and one for three years ; and as vacancies occur by the expiration of the terms of incumbents, the Boards shall fill those vacancies with appointees whose term of service shall be three years'; and should vacancies occur by death, resignation, or otherwise, the Boards of Education shall fill these vacancies for the unexpired term ; and whenever School Trustees are chosen as herein provided,

County Board oi^ Education. 15

the fact sball be recorded in the minutes of the County Boards, and the appointees shall receive certificates of their appointment from the County School Commissioner, and these certificates shall be their sufficient warrant for entering upon and performing the duties of their office. That it shall be the duty of the School Trustees herein provided for to supervise the school operations of their sub-districts, to visit the schools, and to make such recommendations to the County Boards, in relation to the school interests of their sub-districts, as may seem to them best, and especially in the matter of choosing teachers for their sub-districts. It shall be their right to recommend applicants, and it shall be the duty of the County Boards to choose as teachers the persons so recommended ; provided^ they shall be persons duly qualified and eligible according to the provisions of existing law ; and furthermore, it shall be the duty of the School Trustees, in recommending persons as teachers, to recommend those persons who, in their opinion, are the choice of the communities to be served; and it shall, furthermore, be the duty of the School Trustees to make a written report, once a year, to the County Boards in relation to the matters committed to their supervision, or oftener if required by the County Boards of Education.

Note. — Duties of Trustees.

"You are, therefore, hereby authorized and required to perform all the duties incumbent on you as a Trustee aforesaid, according to law and the trust reposed in you. This commission is to continue in force during active and efficient service and for the term pointed out by the laws of the State, which say that this certificate shall be your suflHcient warrant for entering upon and performing the duties of your office. These duties are as follows : To visit your school ; to inspect the school work in your district, giving special attention to oral and written examinations of pupils ; to make general recommendations to the County Board of Education for the advancement of the school interests in your district; to aid, by recommendation of desirable applicants, the County Board of Education in choosing teachers for your schools ; to see that the schoolhouse i^ in good repair and equipped for good work, and that the school grounds are properly improved and supplied with shade, fuel, water and other necessaries ; to make a written report, once a year, to the County Board, in relation to the matters committed to your supervision, or oftener if required by the County Board of Education.

"As yoQ have opportunity, impress upon patrons and pupils the importance of regular attendance, of hearty home co-operation, and establishingand using school libraries." — Extract from Triistees's Commission.

Scbool property — races Jaiig-lit separately — building: of sclioolliou»es— d.et'iiiiiig' and r4.g°u luting' puDlic sicliool term.

Sec. id. That the County Board of Education shall have Acts of power to purchase, lease, or rent school sites ; to build, repair, or rent schoolhouses ; to purchase maps, globes and school furniture, and to make all other arrangements of this kind necessary to the efficient operation of the schools under their care ; and the said Boards shall also be, and are hereby, invested with the title, care, and custody of all schoolhouses, sites, school libraries, apparatus, or other property belonging to sub-districts, as now defined, or as may hereafter be defined, in their several counties, with all power to control the same, in such manner as they think wall best subserve the interests of common schools ; and when, in the opinion of the Board, any schoolhouse site has become unnecessary or inconvenient, they may sell and convey the same in the name of the County Board of Education, such conveyance to be executed by the President or Secretary 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 common schools within their respective counties ; and all conveyances of real estate which may be made to vSaid Board shall vest the property in said Board of Education and their successors in office. It shall also be the duty of said Board of Education to make arrangements for the instruction of the children of the white and colored races in separate schools. They shall, as far as practicable, provide the same facilities for both races in respect to attainments and abilities of teachers and length of termtime ; but the children of the white and colored races shall not be taught together in any common or public school of this.State ; and in respect to the building of the schoolhouses mentioned in this section, the said Board of Education may provide for the same, either by labor on the part of the citizens of sub-districts to be served, or by a tax on their property, as may be hereinafter provided.

County Board of Education. 17

Sec. II. The several County Boards of Education of this State shall have full power and authoritv to define and regfulate Acts of the length of the public school terms of their respective counties, '^i-

Judicial tribunal— appeals.

Sec. 12. That the County Board of Education shall constitute a tribunal for hearing and determining any matter of local ^g^ts of ^ controversy in reference to the construction or administration '^*- of the school law, with power to summon witnesses and take testimony if necessary ; and when they have made a decision, said decision shall be binding upon the parties to the controversy ; provided^ that either of the parties shall have the right to a]>peal to the State School Commissioner, and said appeal shall be made through the County Commissioner in writing, and shall distinctly' set forth the question in dispute, the decision of the County Board and the testimony, as agreed upon by the parties to the controversy, or if they fail to agree, upon the testimony as reported by the Commissioner.

Taccinaiion.

Sec. 13. That the County Board of Education in the counties of this State, and the Boards of Public Education for the Acts of

1880—81

cities of this State be, and they are hereby, authorized and em- page 97. powered to make such regulations as in their judgment shall seem requisite to insure the vaccination of the pupils in their respective schools, and may require all scholars or pupils to be vaccinated as a prerequisite to admission to their respectiv^e schools.

Additional Duties of Members of County Board of Education.

County Board of Education authorized to administer oaths in 'certain instances. (See part iv, Sec. 9.)

County Board of Education selects the months (within the proper calendar year) in which schools shall be operated. (See Part v, Sec. 4,)

18 CoMPiivATioN o^ Common Schooi. Laws.

PART IV. CCCNIY SCHOOIi CCMjniSSlONER

Section i. That the Coanty Boards of Education shall, 1887, page from the citizens of their counties, select a County Commissioner of Education, who shall be ex officio county superintendent of the common schools, and who shall hold his office for the term of four years. Before election the applicants for positions of County School Commissioner shall be examined by the President of the County Board of Education, or by some one appointed by him or the Board for that purpose, upon written or printed questions, which shall be furnished to the Board by the State School Commissioner — said examination to be upon the subjects taught in the common schools, upon the science and theory of common school teaching and government, and upon such other subjects as the State School Commissioner may deem proper. The said County Board of Education shall then elect such applicant County School Commissioner who has stood satisfactory examination, taking into consideration the moral character, l3usiness qualifications, and general availability of each applicant. The County School Commissioner so elected shall be required to give bond with good security payable to the County Board of Education, conditioned upon the faithful performance ■of his duty under the law, the amount and sufficiency of the security to be jucged by the County Board of Education.

See Part xvi, Note 8.

See Part xvii, N@te 6.

^OTE.— A County f chool Commissioner may be postmaster, but can not hold any other office of profit or trust under tlie government of the United States or of any of the several States, or of any foreign State. (See Code, Vol. 1, Sec. 223.)

Acts of

Sec. 2. Before entering upon the discharge of his official du- 1887", page ties the said Commissioner shall take and subscribe to the same oath required of the othec officers of this State.

County School Commissioner. .19

?Reinova,l from oi't'ice— successor.

Sec. 3. The County School Commissioner may be removed from office before the expiration of his term b/ a majority vote ^^tg ^f of the Board of Education for inefficiency, incapacity, neglect of 75^^' ^^^^ ^uty, or malfeasance or corruption in office ; provided^ that any Commissioner so removed shall have the right of appeal from the action of the County Board to the State School Commis- -sioner, and from the State School Commissioner to the State Board of Education.

Sec. 4. Should there be a vacancy in the offi'ce of County School Commissioner, by resigfuation or otherwise, an exam in- Acts of

^tion and election for the remainder of the vacant term shall be 75; held in the same manner, and by the same authorities, as for that of a full term.

Duties — compensation— office — conipensatiun iii special cases*

Sec. 5. That the County Commissioner shall constitute the medium of communication between the State School Commis- Acts of sioner and the subordinate school officers ; that he shall visit 77. each school in his county at least once during the school term, or twice if practicable, and oftener if ordered by the Board, and without notice to the teachers, for the purpose of inspecting its management and the modes of instruction, and of giving such advice and making such suggestions as shall tend to elevate it in character and efficiency. He shall be the agent of the County Board in procuring such school furniture, apparatus, and educational requisites as they may order to be purchased, and shall see that none but the prescribed text-books are used by the pupils ; that it shall be his duty to audit all accounts of teachers and others before an application is made to the County Board for an order for payment, and that the said County Commissioner shall procure a book, in which he shall keep a record 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.

See Part xv, Note 2.

20 Computation oi^ Common SchooIv Laws.

It shall be the duty of every County School Commissioner in 1897! pige t^is State to place upon all teachers' license issued by them the seal of the Board of Education of the county for which they are commissioner.