Each county of this state, exclusive of any independent school system in existence in a county, shall compose one school district and shall be confined to the control and management of a county board of education, except to the extent that area school systems are created pursuant to Article VIII, Section V, Paragraph I of the Constitution of Georgia.
(Ga. L. 1919, p. 288, §§ 76, 117; Code 1933, §§ 32-901, 32-1101; Ga. L. 1946, p. 206, § 8; Ga. L. 1983, p. 3, § 53.)
Cross references.- Consolidation of independent and county school systems, § 20-2-370 et seq.
OPINIONS OF THE ATTORNEY GENERALLaw vests full power and authority for operation of schools in county board of education. 1958-59 Op. Att'y Gen. p. 137.
Management and control of local school systems are vested at the local level in Georgia, specifically in the boards of education of the various county and independent school systems, and this very broad power includes (subject to such minimum standards as may be established by the State Board of Education as a condition of continued state fiscal assistance) the right to decide upon educational programs, curricula, course offerings, and general educational opportunities. 1977 Op. Att'y Gen. No. 77-60.
Authority to provide educational opportunities not limited to specific ages.- Authority vested in the boards of education of the various county and independent school systems to implement educational programs and in general to provide for educational opportunities is not limited to specific ages. 1977 Op. Att'y Gen. No. 77-60.
Matter of ages of children taught addressed by boards.- Minimum and maximum ages of children who may be taught in the public schools is a matter which addresses itself to the local boards of education. 1965-66 Op. Att'y Gen. No. 65-10.
County board may divide county into attendance areas.- County board of education may not divide the county into school districts, but it appears that a county board does have the power to divide the county into attendance areas, and require that persons of school age living in a certain area attend the school in that area. 1950-51 Op. Att'y Gen. p. 41.
County board may designate pupil assignment.- Local board of education has the authority to designate which school within the board's school district shall be attended by a particular pupil, i.e., assignment of pupils in the public schools. 1958-59 Op. Att'y Gen. p. 137.
Local board of education has the authority to designate which school within the board's school district shall be attended by a particular pupil. 1960-61 Op. Att'y Gen. p. 142.
If board abuses discretion in pupil assignments, aggrieved party can take proper action.- County board of education can determine where a pupil may attend school and can deny such pupil, in the board's discretion, the right to attend a school of the pupil's choice; when, however, it can be shown that the county board of education was abusing the discretion vested in the board, then the aggrieved party can take proper action as provided by law. 1950-51 Op. Att'y Gen. p. 273.
State board cannot stop student from passing should county board feel child reading sufficiently.- Inasmuch as this section has been judicially endorsed numerous times, and in consideration of the fact that the State Board of Education has no express authority to preempt local boards in decisions concerning promotion of individual students, it would appear that the state board cannot directly stop an individual student from passing to the next grade level should the county board feel the child is reading sufficiently. 1975 Op. Att'y Gen. No. 75-63.
State board may, as condition of fiscal assistance, require implementation of state reading requirements.- Although the State Board of Education does not have explicit authority to directly preclude a student in a local school district from progressing from one grade level to another if the child is not capable of reading in the higher grade level, the board may, as a condition of continued state fiscal assistance, require local boards of education to implement state board established reading requirements. 1975 Op. Att'y Gen. No. 75-63.
Charging fee for school transcripts is local matter within discretion of county board of education. 1957 Op. Att'y Gen. p. 97.
Sharing of services between boards of education unauthorized.- Georgia boards of education are not empowered to share services by creating and utilizing a nonprofit corporation such as the Consortium for Adequate School Funding in Georgia, Inc., for the purpose of challenging state school funding by litigation or otherwise. 2009 Op. Att'y Gen. No. 2009-3.
RESEARCH REFERENCES
Am. Jur. 2d.
- 68 Am. Jur. 2d, Schools, §§ 20 et seq., 66.
22 Am. Jur. Proof of Facts, Schools, § 4.
C.J.S.- 78 C.J.S., Schools and School Districts, § 14 et seq.
ALR.- Power of school district or school board to employ counsel, 75 A.L.R.2d 1339.