The State School Superintendent shall be elected by the persons qualified to vote for members of the General Assembly at the same time and in the same manner and for the same term as the Governor is elected. A suitable office shall be furnished him at the seat of government. He shall prescribe suitable forms for the 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 what is thus communicated to them they shall be bound to govern themselves in the discharge of their official duties, provided there shall always be an appeal from the State School Superintendent to the State Board of Education.
(Ga. L. 1919, p. 288, § 54; Code 1933, § 32-501; Ga. L. 1972, p. 1015, § 1002.)
Cross references.- Delegation of authority by state board, § 20-2-11.
JUDICIAL DECISIONS
Under the 1876 Constitution, the legislature was empowered to create court or courts having jurisdiction of school administrative controversies. Board of Educ. v. Board of Educ., 173 Ga. 203, 159 S.E. 712 (1931).
OPINIONS OF THE ATTORNEY GENERAL
Superintendent authorized and obligated to recommend employment and dismissal of department employees.
- State School Superintendent has no authority in law to employ or dismiss employees of the Department of Education, but the superintendent has the authority and the duty to recommend employment and dismissal to the State Board of Education; employees of the department are employed and dismissed by the State Board of Education, but only on the recommendation of the superintendent. 1962 Op. Att'y Gen. p. 177.
Until employee dismissed by board, person remains employee.- Until such time as an employee is dismissed by the State Board of Education on recommendation of the State School Superintendent, the employee is and remains an employee of the department and on pay status. 1962 Op. Att'y Gen. p. 177.
When employee dismissed, employee may obtain full hearing before board.- When an employee is dismissed by the state board on the recommendation of the State School Superintendent, the causes necessitating the recommendations must first be made known to the board but without a hearing thereon; then the employee may, if desiring, request and obtain a full hearing before the State Board of Education on the causes necessitating the employee's dismissal. 1962 Op. Att'y Gen. p. 177.
RESEARCH REFERENCES
Am. Jur. 2d.
- 68 Am. Jur. 2d, Schools, §§ 66, 67, 78.
C.J.S.- 78 C.J.S., Schools and School Districts, § 500 et seq.
ALR.
- Power to require construction or repair of school buildings, 1 A.L.R. 1559.
Power of school authorities to transfer teacher from one school or district to another, 103 A.L.R. 1382.
Right of student to hearing on charges before suspension or expulsion from educational institution, 58 A.L.R.2d 903.
Validity of regulation by public school authorities as to clothes or personal appearance of pupils, 14 A.L.R.3d 1201.