students, teachers, and administrators in the perception, appreciation, and understanding of health principles and problems.

(3) Definitions.-As used in this section, the term "comprehensive health education" shall include, but not be limited to, such concerns as mental and emotional health, venereal diseases and other communicable diseases, drug abuse (including alcohol and tobacco), environmental health, safety and emergency care, nutrition and food management, personal health and hygiene, dental health, hereditary diseases, developmental disabilities, growth and development, and consumer health and careers. ***

(9) Nonpublic personnel permitted to participate.-Teachers or school administrators employed by a nonpublic school may participate as students in in-service teacher education institutes or curriculum development programs conducted pursuant to this section, provided such participants assume the pro rata share of the cost or charges for tuition.

(10) Student exemption.-Any child whose parent presents to the school principal a signed statement that the teaching of disease and its symptoms, development and treatment and the use of instructional aids and materials of such subjects, conflicts with his religious beliefs shall be exempt from such instruction. No child so exempt shall be penalized by reason of such exemption. *** [History.-Secs. 1-10, ch. 70-202; sec. 1, ch. 70-439; sec. 17, ch. 73-338.]

SEC. 233.068. Job-related vocational instruction.— * * *

(2) Each district's program must provide, as a minimum, courses in at least five vocational education areas. Such instruction shall be available to all persons in the district regardless of previous academic attainment. Further, such instruction shall be available throughout the year, so that students are not required to wait for the beginning of a new academic period prior to starting their training. Each district school board and local welfare board shall cooperate to locate, identify, and attempt to recruit all unemployed or under-employed persons into such courses. *** [History.-Secs. 1-5, ch. 70-211; sec. 1, ch. 70-439; sec. 70, ch. 72-221.]

Free Enterprise and Consumer Education Act (SB 77).

This Act expresses concern over the inadequacy of Florida consumer education programs and expresses legislative intent that more emphasis be directed to helping persons to obtain knowledge at an early age regarding the acquisition of goods, services and credit.

To carry out this expressed intent, the Act requires that each school establish and conduct a consumer education program in which each student shall participate.

The program in each school is required to provide detailed instruction in the day-to-day consumer activities of our society, including the areas of advertising, appliances, banking, budgeting, credit, governmental agencies, guarantees and warranties, home and apartment rental and ownership, insurance, law, medicines, motor vehicles, professional services, savings, securities, and taxes.

The Department of Education is charged with the responsibility of assisting school districts in the development of such programs through development and distribution of instructional materials, development of in-service and pre-service training programs, and through coordinating the activities of the Department and other private and governmental agencies which are concerned with consumer education.

The Commissioner of Education is required to transmit to the 1975 Legislature a statement of the overall Free Enterprise and Consumer Education Program together with a recommended method of evaluating student understanding of the program. Each year thereafter, a report appraising the effectiveness of the overall program is to be provided to the Legislature. [SB 77, ch. 74-173, Eff. date: July 1, 1974]

Compiler's Note: See also APPROVAL/SUPERVISION/SUPPORT, Ch. 229, Part II, HB 1145.

Pupil Transportation

Transportation of School Children (ch. 234).

SEC. 234.01. Purpose.-School boards, after considering recommendations of the superintendent shall provide transportation for each pupil who should attend a public school when and only when transportation is necessary to provide adequate educational facilities and opportunities which otherwise would not be available and to transport pupils whose homes are more than a reasonable walking distance, as defined by regulations of the state board, from the nearest appropriate school. No state funds shall be paid for the transportation of pupils whose homes are within two miles from the nearest appropriate school. In each case in which transportation of pupils in the opinion of the school board is impracticable, the school board is authorized to take steps for making available educational facilities as are authorized by law and as, in the opinion of the school board, are practical. [History.-Sec. 801, ch. 19355, 1939; CGL 1940 Supp. 892 (260); sec. 8, ch. 29754, 1955; sec. 94; ch. 65-239; sec. 1, ch. 69-300; sec. 11, ch. 71-164; sec. 106, ch. 72-221.]

Records and Reports

Compulsory School Attendance; Child Welfare (ch. 232).

SEC. 232.021. Attendance records and reports required.-All officials, teachers, and other employees in public, parochial, denominational, and private schools, including private tutors, shall keep all records and shall prepare and submit promptly all reports that may be required by law and by regulations of state and district boards. Such records shall include a register of enrollment and attendance and all such persons named above shall make such reports therefrom as may be required by the state board. The enrollment register shall show the absence or attendance of each child enrolled for each school day of the year in a manner prescribed by the state board. The register shall be open for the inspection by the superintendent or attendance assistant of the district in which the school is located. Violation of the provisions of this section shall be a misdemeanor of the second degree, punishable as provided by law. [History.-Sec. 614, ch. 19355, 1939; CGL 1940 Supp. 892 (185); sec. 75, ch. 65-239; sec. 1, ch. 69-300; sec. 134, ch. 71-136; sec. 96, ch. 72-221.]

SEC. 232.023. Falsification of attendance records; penalty.-The presentation of reasonable and satisfactory proof that any teacher, principal, any other school personnel or school officer, has falsified or caused to be falsified attendance records for which he is responsible shall be sufficient grounds for the revocation of his teaching certificate by the department of education, or for dismissal or removal from office; provided that such individual shall be entitled to hearing as provided by law or state board of education regulations. [History.-Sec. 2, ch. 29802, 1955; sec. 66, ch. 71-355; sec. 61, ch. 71-377; sec. 98, ch. 72-221.]

SEC. 232.03. Evidence of date of birth required.-Before admitting a child to kindergarten or the first grade, the principal shall require evidence that the child has attained the age at which he should be admitted in accordance with the provisions of section 232.04 or section 232.01. The superintendent or attendance assistant may require evidence of the age of any child whom he believes to be within the limits of compulsory attendance as provided for by law. If the first prescribed evidence is not available, the next evidence obtainable in the order set forth below shall be accepted:

(1) A duly attested transcript of the child's birth record filed according to law with a public officer charged with the duty of recording births; or

(2) A duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of the child, accompanied by an affidavit sworn to by the parent; or

(3) An insurance policy on the child's life which has been in force for at least two years; or

(4) A bona fide contemporary Bible record of the child's birth accompanied by an affidavit sworn to by the parent; or

(5) A passport or certificate of arrival in the United States showing the age of the child; or

(6) A transcript of record of age shown in the child's school record of at least four years prior to application, stating date of birth; or

(7) If none of these evidences can be produced, an affidavit of age sworn to by the parent, accompanied by a certificate of age signed by a public health officer or by a public school physician, or, if neither of these shall be available in the county, by a licensed practicing physician designated by the school board, which certificate shall state that the health officer or physician has examined the child and believes that the age as stated in the affidavit is substantially correct. [History.-Sec. 603, ch. 19355, 1939; CGL 1940 Supp. 892 (174); sec. 51, ch. 29764, 1955; sec. 1, ch. 69-300; sec. 1, ch. 70-72; sec. 93, ch. 72-221.]

Compiler's Note: See also APPROVAL/SUPERVISION/SUPPORT, Ch. 229.808, Part II, HB 1145; and Part III, Sec. 229.808 (2) and (3).

Teacher Certification

See CURRICULUM, Ch. 233, sec. 233.067 (9).

Health and Safety

Compulsory School Attendance; Child Welfare (ch. 232).

SEC. 232.031. Evidence of health certificate required.-Before admitting a child to kindergarten or the first grade, unless the child attended a public kindergarten in a district within this state, the principal shall require evidence that the child is free from a contagious or communicable disease as prescribed herein:

(1) The school board of each district shall require each pupil who is otherwise entitled to admission to kindergarten or the first grade to present a statement from the county health officer or from a licensed practicing physician certifying that such pupil has no contagious or communicable disease which would warrant such pupil's exclusion from the public schools.

(2) The school board shall have authority to adopt such rules and regulations as may be necessary to carry out the provisions of this section including the extension of the foregoing to all elementary and secondary schools; provided, however, any child shall be exempt from a medical or physical examination upon written request of the parent or guardian of such child stating objections to such examination on religious grounds. [History.-Sec. 1, ch. 65-440; sec. 1, ch. 69-300; sec. 1, ch. 70-73.]

SEC. 232.032. Immunization against communicable diseases; school attendance requirements; exemptions.-(1) The division of health of the department of health and rehabilitative services, after consultation with the department of education, shall promulgate rules and regulations governing the immunization of children against, or the testing for, preventable communicable diseases. Immunizations shall be required for poliomyelitis, smallpox, diphtheria, rubeola, rubella, pertussis, and tetanus, and may be required for other communicable diseases as determined by the division of health. The manner and frequency of administration of the immunization or testing shall conform to recognized standards of medical practice. The division of health shall supervise and secure the enforcement of the required immunization. (2) The school board of each district and the governing authority of each private school shall require each pupil who is otherwise entitled to admittance to kindergarten or first grade, whichever is applicable, or any other initial entrance into a Florida public or private school, to present a certification of immunization for the prevention of those communicable diseases for which immunization is required by the division of health.

(3) The provisions of this section shall not apply if:

(a) The parent or guardian of the child objects in writing that the administration of immunizing agents conflicts with his religious tenets or practices, or

(b) A competent medical authority certifies in writing that the child should be exempt from the required immunization for medical reasons, or

(c) The division of health determines that according to recognized standards of medical practice any required immunization is unnecessary or hazardous. [History.-secs. 1-3, ch. 71-283.]

School Health Services Act of 1974 (CSHB 3208 & 3166). This Act requires the establishment of a School Health Services program for the purpose of appraising, protecting and promoting the health of students. Responsibility for implementation of the program is assigned jointly to the Department of Health and Rehabilitative Services, the Department of Education and to the District School Boards, with each having certain defined duties and responsibilities.

The Department of Health and Rehabilitative Services is required to employ, contract for, and supervise health service personnel for each school; provided that in matters of coordination of health services programs with other school programs, the school principal is given immediate supervisory authority over any health personnel working in the school.

The Department of Health and Rehabilitative Services is further required to: (1) Carry out health appraisal and screening programs in the areas of vision, hearing, growth and development, nutrition, dental health, mental health, and communicable diseases.

(2) Provide for emergency health needs of students.

(3) Consult with parents regarding medical and dental needs of students. (4) Follow up on children referred for further diagnosis and treatment. (5) Provide indigent children with physical examinations and refer such children to appropriate sources for medical and dental treatment.

(6) Maintain school health records on all students.

(7) Assist in diagnosis and evaluation of children for placement in exceptional child programs.

(8) Assist school personnel in health education and in identification and working with children with special health problems. The District School Board is required to:

(1) Coordinate the educational aspects of the school Health Services program with the Comprehensive Health Education Act of 1973, and to include health services and health education as part of the district's comprehensive educational plan.

(2) Provide physical facilities at each school for the Health Services program and cooperate with the Department of Health and Rehabilitative Services in provision of health services to children.

(3) Provide in-service health training for school personnel.

(4) Cooperate with public health personnel in counseling students and parents in matters of health programs and practices.

Beginning with the 1975-76 school year, parents will be requested to provide written permission for medical and physical examination, screening, and treatment of their children. If a parent refuses to grant such permission, the child shall be exempt from such services. However, the exemption will not extend to laws and regulations relating to contagious or communicable diseases and sanitary matters.

Implementation of the statewide School Health Services program as set by the Act is January 1, 1975. Between the dates of July 1, 1974 and January 1, 1975, the Department of Health and Rehabilitative Services and the Department of Education are required to jointly develop a detailed plan for implementation, including such items as:

(1) Cost data.

(2) Program services to be provided.

(3) Administrative procedures.

(4) Assessment of needs and available state and community resources. (5) Methods for program continuation and implementation, including present personnel, mechanisms for interagency cooperation at the local level, and program evaluation.

A copy of the plan is to be submitted to the President of the Senate and Speaker of the House of Representatives upon completion.

The Act provides a five year period for total implementation and specifically requires all children be served by 1979.

Sections 230.23(6)d), 230.33(8)(d), 232.29, 232.30, 232.31 and 232.32, Florida Statutes, all relating to provision of health services, are repealed upon the date of implementation of this Act (January 1, 1975).

Fifty thousand dollars of the total appropriated to the Department of Health and Rehabilitative Services is designated for the purpose of establishing the plan for implementation required by this Act. [CSHB 3208 & 3166, ch. 74-356, Eff. date: July 1, 1974]

Miscellaneous

Compulsory School Attendance; Child Welfare (ch. 232).

SEC. 232.08. Age certificates authorized for children who have reached sixteen years of age.-The superintendent, or an attendance assistant or principal of a school authorized by the superintendent in writing to do so, shall upon application issue age certificates for employment purposes upon a

form prescribed by the state board, which certificates shall be different in for.n and color from employment certificates, and shall be issued to children who are sixteen years of age or over. Evidence as prescribed in section 232.03 that the child is sixteen years of age or over shall be submitted to the person authorized to issue certificates. [History.-Sec. 608, ch. 19355, 1939; CGL 1940 Supp. 892 (179); sec. 1, ch. 69-300.]

SEC. 232.27. Authority of teacher.-Each teacher or other member of the staff of any school shall assume such authority for the control of pupils as may be assigned to him by the principal and shall keep good order in the classroom and in other places in which he is assigned to be in charge of pupils, but he shall not inflict corporal punishment before consulting the principal or teacher in charge of the school, and in no case shall such punishment be degrading or unduly severe in its nature. Under no circumstances may a teacher (except of a one-teacher school) suspend a pupil from school or class. [History.-Sec. 627, ch. 19355, 1939; CGL 1940 Supp. 892 (198).]

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Bill of Rights (art. 1).

SEC. I. Ch. 2-1. Rights of the Citizen. 2-114 (6370) Paragraph XIV. Appropriations to churches, sects, etc., forbidden.- No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.

Finance, Taxation and Public Debt (art. VII).

SEC. III. Ch. 2-56. State Debt. 2-5604 (6560) Paragraph IV. State aid forbidden.-Except as herein provided, the credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation.

SEC. V. Ch. 2-58. Purposes of Taxation by Counties, Municipal Corporations, and Political Divisions. 2-5801 (6561) Paragraph I. Taxing power and contributions of counties, cities and political division restricted. - The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits.

Education (art. VIII).

SEC. XIII. 2-7502. Paragraph I. Grants for education.- Notwithstanding any other provision of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens.

Tax Exemptions For Nonpublic Schools

Finance, Taxation and Public Debt (art. VII).

SEC. I. Ch. 2-54. Power of Taxation; Exemptions. 2-5404 (6554,6556) Paragraph IV. Exemptions from taxation.-The General Assembly may, by law, exempt from taxation *** all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning

as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; * * *

Miscellaneous

Legislative Department (art. III).

SEC. VII. Ch. 2-19. Enactment of Laws. 2-1917 (6446) Paragraph XVII. Corporate powers; how granted.-The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts; it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted.

Finance, Taxation and Public Debt (art. VII).

SEC. I. Ch. 2-54. Power of Taxation; Exemptions. 2-5402 (6552,6555,6573, 6574) Paragraph II. Taxing power limited (IOA).-The General Assembly is hereby authorized to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and all such State departments and other State agencies shall be authorized to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available.

STATUTORY PROVISIONS

Education (title 32).

Approval/Supervision/Support

State Superintendent of Schools (ch. 32.5).

SEC. 32-508. Annual reports. The State Superintendent of Schools 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 public schools of the various grades; the number of pupils attending such schools, their sex, color, and the branches taught; a statement of the average cost per pupil 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, and the average cost of tuition per pupil in said schools and colleges. [Acts 1919, pp. 288, 313.]

Miscellaneous Provisions (ch. 32.8).

SEC. 32-809. Leases of school property by political subdivisions for private school purposes.-The various counties, cities, municipalities, county boards of education, city boards of education and governing bodies of independent school districts or systems of this State shall have authority to lease any schoolhouse or other school property for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the operation of a private school: Provided, that said lease shall be for a period not longer than five years. [Acts 1956, p. 10.]

SEC. 32-813. Grants for education; purpose of law.-The General Assembly of Georgia, being mindful of the primary obligation of the State of Georgia to provide an adequate education for the citizens of this State under Article VIII, Section I, Paragraph I(Const. 1945, sec. 2-6401) of the Constitution of Georgia, and mindful of the authority vested in the General Assembly under Article VIII, Section XIII, Paragraph I (Const. 1945, sec. 2-7502) of the Constitution of Georgia to discharge all obligations of the State to provide an adequate education for its citizens by providing for grants of State, county or municipal funds to such citizens for educational purposes, and being further particularly mindful of the need for a literate and informed society in all events, does hereby declare it to be the purpose and intent of this law (sections 32-813 througi: 32-819.3) to encourage and aid the education of all children of this State by implementing the provisions of Article VIII, Section XIII, Paragraph I (sec. 2-7502) of the Constitution of Georgia by making provision for payment of education grants from public funds, to the extent and in the manner as herein provided. [Acts 1962, pp. 552, 553.]

SEC. 32-815. Same; eligibility for grant.-Every child between the ages of six and 19 residing in this State who has not finished or graduated from high school and who is otherwise eligible and qualified to attend the elementary and secondary public schools of the local school system wherein such child resides shall, in lieu of attending the public schools of such local school system, be eligible to receive an education grant to be expended for the purpose of paying or otherwise defraying the cost of tuition at a nonsectarian private school located in any State of the United States or a public school located outside this State but within some other State of the United States, in the amount, manner, and subject to the provisions of this law (sections 32-813 through 32-819.3). [Acts 1962, pp. 552, 554; 1963, p. 514.]

SEC. 32-818. Same; rules and regulations by State Board of Education.The State Board of Education shall prescribe reasonable rules and regulations providing for the administration of this law (sections 32-813 through 32-819.3) under the State Superintendent of Schools. Said board may also prescribe all forms and reports deemed necessary for implementation of this law. Such rules and regulations shall prescribe the minimum academic standards that must be met by any nonsectarian private school attended by a child in order to entitle such child to an education grant under this law: Provided, however, such minimum academic standards as may be prescribed shall not exceed or be more stringent than the minimum academic standards applicable to the public elementary and secondary schools of this State. Such rules and regulations shall not deal in any manner with the requirements of nonsectarian private schools relating to eligibility of pupils that may be admitted thereto, or with the physical plant facilities of any private schools. The State Superintendent of Schools may require each school to furnish him such information and records as may be deemed necessary to enable him to make a determination as to whether such school shall be eligible under the provision of this law. A failure by any school to produce all such information and records as may be requested shall be grounds for the superintendent to omit the name of such

school on the list of schools furnished to the local boards of education as hereinafter provided. [Acts 1962, pp. 552, 555; 1963, pp. 514, 516.]

Georgia Education Authority (Schools)

(ch. 32.14A).

***

SEC. 32-1404a. Powers.-The Authority shall have powers: (5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the county boards of education, city boards or education or governing bodies of independent districts or systems for and on behalf of the units and institutions within their respective counties, cities, or districts, and to the Authority, to enter into contracts and lease agreements for the use of any structure, building or facilities of the Authority for a term not exceeding 50 years, and the board of education or equivalent governing body for and on behalf of the respective political subdivision may obligate itself and its successors to use only such structure, building or facility and none other and so long as said property is used by such political subdivision to pay an amount to be determined from year to year for the use of such property so leased, and also to obligate itself and its successors, as a part of the leased contract, to pay the cost of maintaining, repairing and operating the property so leased from the Authority: Provided, however, nothing contained in this Chapter shall prevent such political subdivisions, departments, institutions, agencies, county boards of education, city boards of education or governing bodies of independent school districts or systems from subleasing any structure, building or facility of the Authority for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the operation of a private school; * * *

Compulsory Education

Compulsory School Attendance (ch. 32.21).

SEC. 32-2104. Duty to send to school children between seven and 16 years old. Every parent, guardian, or other person residing within the State of Georgia having control or charge of any child or children between their seventh and 16th birthdays, shall enroll and send such child or children to a public or private school, and such child shall be responsible for enrolling and attending a public or private school under such penalty for noncompliance here with as is hereinafter provided, unless his failure to enroll and attend is caused by his parent, guardian, or other person, in which case the parent, guardian or other person alone shall be responsible: Provided, however, tests and physical exams for military service and National Guard shall be excused absences and such other absences as may be approved by the State Board of Education or the local board of education. [Acts 1945, p. 343; 1969, pp. 682, 683; 1971, p. 264.]

SEC. 32-2105. Minimum annual attendance.-The minimum session of annual school attendance required under this Chapter shall be 175 school days, or for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has completed all high school grades. [Acts 1945, pp. 343, 344.]

Special Education

Adequate Program for Education in
Georgia (ch. 32-6A).

Compiler's Note: This Act repeals Ch. 32.35, Education of Exceptional
Children, effective July 1, 1975.

SEC. 32-605a. Special education.-(a) All children and youth who are eligible for the general education program who have special educational needs