Immunity from damages for discretionary rule promulgation.

- Since there were no allegations that the individual state education board members acted wilfully, maliciously, or corruptly in the promulgation of the board's rules and regulations, though subsequently declared to be unconstitutional, were clearly within the scope of the members' discretionary authority, it necessarily followed that members enjoyed governmental immunity from any liability for damages in their individual capacities and that the trial court correctly granted summary judgment in the members' favor. State Bd. of Educ. v. Drury, 263 Ga. 429, 437 S.E.2d 290 (1993).

Immunity of board members.

- Teachers who were denied renewable teaching certificates under invalidly promulgated regulations were not entitled to recover damages against individual board members who were acting within the members' discretionary authority and had governmental immunity from liability for damages. State Bd. of Educ. v. Drury, 263 Ga. 429, 437 S.E.2d 290 (1993).

Editor's notes.

- In light of the similarity of the issues covered in the statutory provisions, opinions under Ga. L. 1937, pp. 896 and 897, Ga. L. 1974, pp. 1045 and 1085, and former Code Section 20-2-280, which were subsequently repealed but were succeeded by provisons in this Code section, are included in the annotations for this Code section.

State Board of Education may make policy on many matters dealing with education and is not limited to decisions dealing with expenditures of money, public or otherwise. 2001 Op. Att'y Gen. No. 2001-5.

State Board of Education has the right to decide with which associations the agency wishes to be affiliated. 2001 Op. Att'y Gen. No. 2001-5.

State Board of Education may determine as a policy matter that a newsletter is needed and what the newsletter's content should be. To implement that policy, the board may provide direction to the State School Superintendent for staff implementation and may direct that funds be spent for that purpose. However, the board must make a reasonable attempt to consult with the superintendent before directing appropriate staff to carry out this function. 2001 Op. Att'y Gen. No. 2001-5.

Chair of the State Board of Education has the authority to set the board's agenda and may require employees of the Department of Education to provide information to or perform functions for the board, but must first make a reasonable attempt to consult with the State School Superintendent. 2001 Op. Att'y Gen. No. 2001-5.

Individual members of the State Board of Education may prepare draft rules without input from the Department of Education. 2001 Op. Att'y Gen. No. 2001-5.

State board may not hire own staff.

- State Board of Education is without the requisite statutory authority either to hire the board's own staff or to require the State School Superintendent to allocate a Department of Education employee to perform functions for the board. 1996 Op. Att'y Gen. No. 96-19.

State board may require a lay advisory group's approval as to the textbooks the board selects, provided that in so doing the board continues to exercise the board's own independent judgment and responsibility in making the final decisions concerning the textbook selection and does not in fact attempt to delegate the board's decision-making powers to the advisory committees. 1977 Op. Att'y Gen. No. 77-13 (decided under Ga. L. 1937, pp. 896 and 897).

Authority of board to "organize" and "reorganize" department supersedes prior legislation.

- Authority of the State Board of Education to "organize" and "reorganize" the State Department of Education and the department's various divisions and offices supersedes prior legislation which provided for the creation of a division of "vocational education service" under a director possessed of specified statutory "qualifications." 1977 Op. Att'y Gen. No. 77-68 (decided under Ga. L. 1974, pp. 1045 and 1085).

State board may condition continued state fiscal assistance on implementation of state established 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 (decided under Ga. L. 1974, pp. 1045 and 1085).

Prohibition of nonnutritious food sales valid.

- State Board of Education policy which prohibits the sale of nonnutritious foods from the beginning of the school day through the end of the last lunch period is valid. 1984 Op. Att'y Gen. No. 84-52 (decided under former Code Section 20-2-280).

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 66 et seq.

C.J.S.

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