Editor's note.

- In light of the similarity of the statutory provisions, decisions under former Code 1910, § 1551(941/2) and former Code 1933, § 32-913, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.

Teacher's action for reverse discrimination under federal law could not be made against school superintendent and school board members in their individual capacities. Reynolds v. Glynn County Bd. of Educ., 968 F. Supp. 696 (S.D. Ga. 1996), aff'd, 119 F.3d 11 (11th Cir. 1997).

O.C.G.A. § 20-2-211 contemplates continuous employment under the same contract of employment. Those who resign or are terminated are not covered by the provisions of subsection (b). By definition, one who is employed under a contract later than the beginning of the school year is not entitled to a notice of nonrenewal. Oates v. Coffee County Bd. of Educ., 198 Ga. App. 77, 400 S.E.2d 355 (1990), cert. denied, 198 Ga. App. 898, 400 S.E.2d 355 (1991).

Superintendent authorized to execute contracts.

- Office of county superintendent of education is substituted for the office of county school commissioner and the county superintendent is authorized to execute contracts with teachers on the part of the board. Orr v. Riley, 160 Ga. 480, 128 S.E. 669 (1925) (decided under former Code 1910, § 1551 (941/2)).

Contracts between county boards and teachers in schools under their supervision must be in writing. Orr v. Riley, 160 Ga. 480, 128 S.E. 669 (1925) (decided under former Code 1910, § 1551 (941/2)).

Employment contract illegal when not in writing.

- No contract made by a county board of education for the employment of a teacher to serve in the schools under the jurisdiction of the board is legal or possesses any validity if the contract is not in writing. Dodd v. Board of Educ., 46 Ga. App. 235, 167 S.E. 319 (1933) (decided under former Code 1910, § 1551 (941/2)).

Illegal contract unenforceable against board.

- Since a county board of education is a political body and has no power other than that conferred by statutory authority, no contract made by the board which is illegal and invalid because the contract is not in writing is, relative to exceptions to the application of the statute of frauds, enforceable against the board, notwithstanding a part performance of the contract by the opposite party thereto. Dodd v. Board of Educ., 46 Ga. App. 235, 167 S.E. 319 (1933) (decided under former Code 1910, § 1551 (941/2)).

Motive or intent for racial discrimination.

- School district, acting through the district's board of education, was authorized to take employment actions with respect to district personnel only on the recommendation of the interim superintendent, pursuant to O.C.G.A. § 20-2-211, as the board had no independent authority to hire, fire, or otherwise assign district personnel; the intent or the motive of the interim superintendent in not recommending a former employee for a position as a principal or assistant superintendent was attributable to the board of education and therefore the school district. Gordon v. Dooly County Sch. Dist., F. Supp. 2d (M.D. Ga. Dec. 28, 2005).

Contractual power of Richmond County board not limited by section.

- Even though this section, as to all counties where it was applicable, made it obligatory that the boards of education should contract in writing with their teachers, it was not applicable so as to limit the contractual power of the Board of Education of Richmond County under the local acts (Ga. L. 1872, pp. 46, 456-463; Ga. L. 1937, pp. 1409-1413). County Bd. of Educ. v. Young, 187 Ga. 644, 1 S.E.2d 739 (1939) (decided under former Code 1933, § 32-913).

Notification of termination of contract.

- When a county board of education did not terminate or suspend the complainant teacher during the teacher's contract year, but simply decided that the board was not going to renew the teacher's contract for the upcoming year, O.C.G.A. § 20-2-211(b), and not O.C.G.A. § 20-2-940, applied. Baker v. McIntosh County Sch. Dist., 264 Ga. App. 509, 591 S.E.2d 362 (2003), overruled on other grounds by Wolfe v. Regents of the Univ. Sys. of Ga., 300 Ga. 223, 794 S.E.2d 85 (Ga. 2016).

Equal protection of teachers and paraprofessionals.

- Elementary school orchestra and band teachers' equal protection claims failed because: (1) the school district had a rational basis for treating those teachers and Grades 1 through 3 paraprofessionals differently with regard to which employees would be retained since, inter alia, "teachers" and "paraprofessionals" were treated differently under Georgia law; and (2) the district was not collaterally estopped from defending against the equal protection claims since the district was not subject to offensive, non-mutual collateral estoppel. Demaree v. Fulton County Sch. Dist., F.3d (11th Cir. Apr. 8, 2013)(Unpublished).

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 150 et seq.

C.J.S.

- 78 C.J.S., Schools and School Districts, §§ 315 et seq., 383 et seq.

ALR.

- Validity, construction, and effect of municipal residency requirements for teachers, principals, and other school employees, 75 A.L.R.4th 272.