The county boards of education of the several counties of this state shall have the power and authority, whenever they deem it necessary, to borrow sufficient amounts of money, and no more, to pay for the operation of the public schools of their counties, provided that no county board shall have authority under this part to borrow a sum of money greater in the aggregate than the sum which the county board may be entitled to receive from the state appropriation and from taxes levied for educational purposes during the year in which such loan is made.
(Ga. L. 1919, p. 288, § 95; Code 1933, § 32-921; Ga. L. 1937, p. 880, § 1.)
OPINIONS OF THE ATTORNEY GENERALSection is controlled by Ga. Const. 1945, Art. VII, Sec. VII, Para. IV (see now Ga. Const. 1983, Art. IX, Sec. V, Para. V) restricting the amount of debt which may be incurred by a county board of education. 1958-59 Op. Att'y Gen. p. 97.
Restriction on temporary loans cannot include anticipated state revenues.- Provision in Ga. Const 1945, Art. VII, Sec. VII, Para. IV (see now Ga. Const. 1983, Art. IX, Sec. V, Para. V) that the aggregate amount of all temporary loans of a county board of education outstanding at any one time shall not exceed 75 percent of the total gross income of the county board of education from taxes collected by the county, means "local county taxes"; it cannot include anticipated revenues from the State Board of Education, which money is merely a grant from the state. 1958-59 Op. Att'y Gen. p. 97.
Unconstitutional not to discharge school obligations within year incurred.
- Neither Board of Educ. v. Thurmond, 162 Ga. 58, 132 S.E. 427 (1926), nor Board of Educ. v. Board of Trustees of Fort Valley Consol. School Dist., 170 Ga. 509, 153 S.E. 214 (1930), can properly be construed as upholding the constitutionality of school obligations not to be discharged within the year in which the obligations are incurred. 1969 Op. Att'y Gen. No. 69-160.
County permitted to borrow for all necessary purposes.- This section clearly expresses a legislative intent to permit the county boards to borrow for all purposes necessary for the operation of the public schools. 1948-49 Op. Att'y Gen. p. 108.
Right of county board to pledge state appropriations for an advance loan is impliedly recognized by law. 1948-49 Op. Att'y Gen. p. 105; 1948-49 Op. Att'y Gen. p. 106.
Board may mortgage school buses to retire county school debts.- Inasmuch as the county boards of education are vested with the title and control of all school property and have been granted the power to borrow money, these plenary grants of authority are sufficient to authorize the board to use the school property as the board may see fit and, therefore, a county board of education may mortgage school buses to retire debts of the county school system. 1948-49 Op. Att'y Gen. p. 104.
Board not authorized to sell recently erected building and buy back same building.- County board of education would not be authorized to sell a recently erected school building and at the same time buy back the same building, to be paid for over a period of years, to obtain funds with which to equip the building and other buildings in the school system. 1952-53 Op. Att'y Gen. p. 72.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, §§ 230 et seq., 258.
C.J.S.- 78A C.J.S., Schools and School Districts, § 707 et seq.
ALR.
- Right of person advancing money for public school purposes to be reimbursed, 50 A.L.R. 1291.