Reserved. Repealed by Ga. L. 1985, p. 1657, § 2, effective July 1, 1986.
Editor's notes.- This Code section was based on Ga. L. 1919, p. 288, § 75 and Code 1933, § 32-515.
ARTICLE 3 LOCAL BOARDS OF EDUCATION
Cross references.
- Local school systems generally, Ga. Const. 1983, Art. VIII, Sec. V.
JUDICIAL DECISIONS
County superintendent and school board made constitutional offices by 1945 Constitution.
- Constitution of 1945 did not purport to disturb the comprehensive code of statutory school laws other than to make the offices of the county school superintendent and the county boards of education constitutional rather than statutory. Saxon v. Bell, 201 Ga. 797, 41 S.E.2d 536 (1947).
Board member entitled to hold office until successor elected.
- Member of the county board of education, whose term had not expired at the time of the adoption of the 1945 Constitution, was entitled to hold office until a successor was elected and qualified. Powell v. Price, 201 Ga. 833, 41 S.E.2d 539 (1947).
County board of education is not a natural person, a partnership, or a body corporate with authority to sue or be sued in the ordinary sense. Accordingly, the county board could not as sole plaintiff maintain a suit for an injunction to restrain the defendant from interfering with the possession and use of property claimed by the defendant. Verner v. Board of Educ., 203 Ga. 521, 47 S.E.2d 500 (1948).
Cited in Burke v. Wheeler County, 54 Ga. App. 81, 187 S.E. 246 (1936); Wheeler v. Board of Trustees, 200 Ga. 323, 37 S.E.2d 322 (1946); Davis v. Board of Educ., 203 Ga. 44, 45 S.E.2d 429 (1947).
OPINIONS OF THE ATTORNEY GENERAL
County superintendent and school board made constitutional offices by 1945 Constitution.
- The 1945 Constitution did not purport to disturb the comprehensive code of statutory school laws other than to make the offices of the county school superintendent and the county boards of education constitutional rather than statutory. 1958-59 Op. Att'y Gen. p. 143.
Local school districts have been abolished, and the trustees are required to turn over to the county board of education all funds derived from the maintenance tax or from the bond tax, the trustees retaining only advisory functions. 1945-47 Op. Att'y Gen. p. 186.
Provisions creating county bond commission invalid.- Act creating a county bond commission to control the expenditure of funds raised by the issuance of bonds of a county school district is invalid as a special act in conflict with a general law on the same subject. 1945-47 Op. Att'y Gen. p. 172.
Student in vocational program remains in common or public school system.- High school student who is assigned to a vocational education program operated by a county or independent school system remains in the common or public schools operated by the system, and the student may therefore continue to be included in the county or independent system's computations of "average daily attendance" for purposes of the system's general allotment of teachers and other professional personnel. 1963-65 Op. Att'y Gen. p. 775.
RESEARCH REFERENCES
ALR.
- Extent of power of school district to provide for the comfort and convenience of teachers and pupils, 52 A.L.R. 249.
Right of student to hearing on charges before suspension or expulsion from educational institution, 58 A.L.R.2d 903.
Libel and slander: privileged nature of statements or utterances by member of school board in course of official proceedings, 85 A.L.R.3d 1137.
Liability of university, college, or other school for failure to protect student from crime, 1 A.L.R.4th 1099.
Tort liability of public schools and institutions of higher learning for educational malpractice, 1 A.L.R.4th 1139.
Tort liability of public schools and institutions of higher learning for educational malpractice, 11 A.L.R.7th 5.