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2018 Georgia Code 20-2-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-1 Case Law from Google Scholar Amendments to OCGA 20-2-1

TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 1 STATE BOARD OF EDUCATION

20-2-1. Board created; appointment of members; powers.

  1. The State Board of Education is created. The state board shall be composed of one member from each congressional district in this state, who shall be appointed by the Governor by and with the advice and consent of the Senate. The Governor shall not be a member of the state board. The state board provided for by this article shall have the powers and duties provided by law for the state board on January 25, 1943, and such as may be thereafter provided and shall be subject to all provisions of law with respect to the state board not inconsistent with this article.
  2. Except as provided in this article, the state board shall also have all the powers conferred by law upon the former State Board of Education abolished by Ga. L. 1937, p. 864, and shall perform all the duties required by law of such former state board as constituted on July 1, 1937.

(Ga. L. 1919, p. 288, § 9; Code 1933, § 32-401; Ga. L. 1937, p. 864, §§ 1, 4; Ga. L. 1941, p. 568, § 1; Ga. L. 1943, p. 142, §§ 1, 2; Ga. L. 1943, p. 636, §§ 2, 3, 6; Ga. L. 1972, p. 1015, § 1001; Ga. L. 1996, p. 6, § 20.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1910, § 1551, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Under the 1876 Constitution, the legislature was empowered to create court or courts which would have jurisdiction of all controversies arising in the administration of the common school system. Board of Educ. v. Board of Educ., 173 Ga. 203, 159 S.E. 712 (1931).

Judgment of the State Board of Education is the judgment of a tribunal which can properly be held to be a court whose final adjudications stand upon a like footing with other courts from whose judgment there is no appeal. Board of Educ. v. Board of Educ., 173 Ga. 203, 159 S.E. 712 (1931).

Court will take judicial cognizance of rules and regulations issued for the supervision of schools. Board of Educ. v. Bacon, 22 Ga. App. 72, 95 S.E. 753, cert. denied, 22 Ga. App. 803 (1918) (decided under former Code 1910, § 1551(12)).

Cited in Cook v. Davis, 178 F.2d 595 (5th Cir. 1949); Sheffield v. State Sch. Bldg. Auth., 208 Ga. 575, 68 S.E.2d 590 (1952).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 66.

22 Am. Jur. Proof of Facts, Schools, § 2.

C.J.S.

- 78 C.J.S., Schools and School Districts, §§ 98, 99.

ALR.

- Validity, construction, and application of statutes or regulations, concerning recreational or social activities of pupils of public schools, 134 A.L.R. 1274.

Regulations as to fraternities and similar associations connected with educational institution, 10 A.L.R.3d 389.

Applicability and application of § 2 of Voting Rights Act of 1965 (42 USCS § 1973) to members of school board, 105 A.L.R. Fed. 254.

Cases Citing O.C.G.A. § 20-2-1

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Pub. Broad. Ass'n v. ATLANTA CITY Sch. Dist., 457 S.E.2d 814 (Ga. 1995).

Cited 4 times | Published | Supreme Court of Georgia | Jun 5, 1995 | 265 Ga. 526, 95 Fulton County D. Rep. 1917

...int with the school board. Therefore, we reverse the trial court's dismissal of the complaint. The Georgia Code's education title prescribes that local school boards shall serve as a tribunal to resolve local controversies involving school law. OCGA § 20-2-1160 provides: "Every county, city, or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the *815 school law." Af...
...e parties may appeal to the State Board of Education and then to the superior court. The Georgia legislature provided this administrative remedy to give school boards the initial opportunity to resolve local disputes. This court has interpreted OCGA § 20-2-1160 on a case-by-case basis....
...[6] Similarly, the superior court has had jurisdiction to hear challenges to the use of school tax funds. [7] Despite the school board's contention, the interpretation of other provisions of the education title is not decisive in determining whether the superior court or school board has jurisdiction under OCGA § 20-2-1160....
...All the Justices concur, except BENHAM, P.J., and CARLEY, J., who concur specially. BENHAM, Presiding Justice, concurring specially. Although I agree with the majority opinion that this case involving the authority of a school district to own and operate telecommunications facilities falls outside the provisions of OCGA § 20-2-1160, I write separately to express my concern that this court has not given the school boards and superior courts of this state sufficient guidance in this area....