ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1956 Vol. 1

Short Title: CLOSING OF PUBLIC SCHOOL SYSTEMS.
Law Number: No. 11
Origin: (Senate Bill No. 1).

Be it enacted by the General Assembly of Georgia:

Section 1. That whenever the Governor shall ascertain that the public schools of any county, city or independent school district within this State are not entitled under the laws of this State to State funds for their maintenance and operation, or whenever the Governor shall ascertain that the public schools of any county, city or independent school district cannot be operated in such manner as shall entitle such schools under the laws of this State to State funds for their maintenance and operation, he shall in either such event by executive order, make public proclamation of the fact so determined by him, and thereupon the public authorities of such county, city or independent school district shall no longer be authorized to operate the public schools of such county, city or independent school district after the effective date named in such executive order; and the Governor shall by such executive order provide for the closing of such schools and for the preservation and protection of the school properties, and such public schools shall thereupon be closed and such properties preserved and protected as provided in such order. When the public schools of any such county, city or independent school district shall be so closed, each child of school age resident within such county, city or independent school district shall be entitled each year thereafter to receive the benefit of an educational grant from State and local funds as provided hereby in discharge of all obligation of the State in respect of education. The Governor may order the public schools of any county, city or independent school district closed without closing the public schools of any other county, city or independent school district, and he may close the public schools of several counties, cities or independent school districts by one order.

Section 2. That the amount of such grant to each such child shall be annually calculated as may be provided for by the order of the Governor; and shall be payable from State funds in such amount as shall represent the State funds annually expendable for the individual pupil under the provisions of State appropriations of force for public schools in the county, city or independent school district wherein the child resides for the last entire school year during which the public schools were open therein, together with such additional amount as may be provided under Section 5 hereof, and from local funds in such amount as shall be arrived at by dividing the local funds available therefor by the number of children of school age resident in the county, city or independent school district; and every such county, city or independent school district shall have the same power and authority and shall be under the same duty and responsibility to assess, levy and collect taxes and appropriate and expend the revenues therefrom for the purpose of making such grants as are provided for by the Constitution and laws in respect to the maintenance, operation and support of public schools. The first of such calculations shall be made upon the entry of such executive order and calculations thereafter shall be made on the first day of July of each year. The Governor shall by such executive order prescribe rules and regulations for the administration of this section. When by any such executive order the public schools of any county, city or independent school district shall be closed during a school year there shall be paid for the benefit of the children enrolled in such schools prior to the closing thereof an educational grant for the remainder of such school year in like manner as annual grants are provided for by this law, and the executive order in such cases shall provide therefor.

Section 3. That no portion of any such grant may be expended for religious sectarian education and that any parent, guardian or other person having custody of any child receiving any grant for the benefit of such child who shall expend the same or any portion thereof except for the education of such child as herein provided shall be guilty of a misdemeanor, and shall be punished upon conviction thereof as provided by law.

Section 4. That every child between his sixth and eighteenth birthdays shall be deemed to be of school age unless such child is incapable of receiving further education or has already received an elementary and high school education or their equivalent.

Section 5. That in calculating the grants as provided in Section 2 hereof, the Governor is authorized to include such additional amount as he may deem necessary for education, which amount shall be paid from appropriations made for such purposes by the General Assembly.

Section 6. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Approval Date: Approved February 6, 1956.

Page: 6-9