Powers and Duties

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The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws and for assuring a more economical and efficient operation of the public schools of this state or any phase of public elementary and secondary education in this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all of Georgia's children and youth and for economy and efficiency in administration and operation of public schools and local school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public elementary and secondary education in this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions as it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law.

(Code 1981, §20-2-230, enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, §20-2-240, as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 2012, p. 358, § 15/HB 706.)

Editor's notes.

- See the Editor's note at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

JUDICIAL DECISIONS

Immunity from damages for discretionary rule promulgation.

- Since there were no allegations that the individual state education board members acted wilfully, maliciously, or corruptly in the promulgation of the board's rules and regulations, though subsequently declared to be unconstitutional, were clearly within the scope of the members' discretionary authority, it necessarily followed that members enjoyed governmental immunity from any liability for damages in their individual capacities and that the trial court correctly granted summary judgment in the members' favor. State Bd. of Educ. v. Drury, 263 Ga. 429, 437 S.E.2d 290 (1993).

Immunity of board members.

- Teachers who were denied renewable teaching certificates under invalidly promulgated regulations were not entitled to recover damages against individual board members who were acting within the members' discretionary authority and had governmental immunity from liability for damages. State Bd. of Educ. v. Drury, 263 Ga. 429, 437 S.E.2d 290 (1993).

OPINIONS OF THE ATTORNEY GENERAL

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 66 et seq.

C.J.S.

- 78 C.J.S., Schools and School Districts, § 98 et seq.


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