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2018 Georgia Code 20-2-242 | Car Wreck Lawyer

TITLE 20 EDUCATION

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

ARTICLE 6 QUALITY BASIC EDUCATION

20-2-242. Local school systems; local units of administration; local governing bodies.

The political subdivisions governed by county, independent, and area boards of education in this state established pursuant to law shall be known as "local school systems" for the purposes of this article, except where other specific provisions are made. All local school systems, boards of control of regional educational service agencies established pursuant to Code Section 20-2-272, and any other local or regional public education agencies established pursuant to law shall be known as "local units of administration" for purposes of this article, except education agencies governed or regulated by boards of other state agencies or except where other specific provisions are made. The members and executive officers of local governing boards shall comply with, execute, and enforce all laws and all policies, rules, standards, and regulations adopted by the State Board of Education pursuant to this article in order to be eligible to receive state funds under this article. If a local board of education fails to comply with any provision of this article, compliance shall be enforced pursuant to Code Section 20-2-243. The qualifications, manner and time of selection, tenure, powers and duties, and state compensation, if provided for, shall be prescribed by law for all members and executive officers of local governing boards. Specifically, however, each local board of education shall be responsible for ensuring that:

  1. The instructional programs authorized pursuant to Part 3 of this article and the uniformly sequenced content standards authorized pursuant to Part 2 of this article are fully and effectively implemented;
  2. Locally adopted and offered enrichment programs, courses, and activities are properly planned, implemented, monitored, and evaluated to ensure the highest quality possible; and
  3. Information is distributed to the public on a continuing basis relative to the costs, quality, and performance of the system's elementary and secondary schools.

(Code 1981, §20-2-232, enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, §20-2-242, as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 2015, p. 1376, § 20/HB 502.)

The 2015 amendment, effective July 1, 2015, substituted "content standards" for "core curriculum" in paragraph (1).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, a comma was inserted following "compensation" in the next to the last sentence of the introductory language.

Editor's notes.

- See the Editor's note at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, a decision under former Code 1933, Ch. 32-6, which was subsequently repealed but was succeeded by provisions in this Code section, is included in the annotations for this Code section.

Board without authority to delegate duties without legislative authorization.

- Without specific legislative authorization, a school board has no authority, by contract or otherwise, to delegate to others the duties placed on the board by the Constitution and laws of Georgia. Chatham Ass'n of Educators v. Board of Pub. Educ., 231 Ga. 806, 204 S.E.2d 138 (1974) (decided under former Code 1933, Ch. 32-6).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 32-6, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Chapter impliedly limits term of contractual employment of county board employees to one school year. 1963-65 Op. Att'y Gen. p. 79 (decided under former Code 1933, Ch. 32-6).

Georgia Military College is not a "local school system" and is ineligible to be a member of a regional educational service agency. 1997 Op. Att'y Gen. No. U97-30.

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 78 C.J.S., Schools and School Districts, § 124 et seq.

Cases Citing Georgia Code 20-2-242 From Courtlistener.com

Total Results: 1

North Georgia Regional Educational Service Agency v. Weaver

Court: Supreme Court of Georgia | Date Filed: 2000-03-06

Citation: 527 S.E.2d 864, 272 Ga. 289, 16 I.E.R. Cas. (BNA) 77, 2000 Fulton County D. Rep. 933, 2000 Ga. LEXIS 216

Snippet: Dep't of Educ. Reg. 160-5-1-.13(1). [9] OCGA § 20-2-242; see also OCGA § 20-2-989.6(4) (defining "local