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2018 Georgia Code 20-2-34 | Car Wreck Lawyer

TITLE 20 EDUCATION

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

ARTICLE 2 STATE SCHOOL SUPERINTENDENT

20-2-34. Recommendations to State Board of Education; suspension of county school superintendents; appeal.

The State School Superintendent shall carry out and enforce all the rules and regulations of the State Board of Education and the laws governing the schools receiving state aid; he shall from time to time make such recommendations to the state board as may affect the welfare and efficiency of the public schools. He shall have authority to suspend a county school superintendent for incompetency, willful neglect of duty, misconduct, immorality, or the commission of any crime involving moral turpitude, provided that all of his acts in this matter shall be subject to the approval of the state board and the party so suspended may appeal his case to the state board, whose decision shall be final.

(Ga. L. 1919, p. 288, § 58; Code 1933, § 32-505; Ga. L. 1982, p. 3, § 20; Ga. L. 1992, p. 6, § 20.)

JUDICIAL DECISIONS

Section does not deny mandamus remedy to citizens and taxpayers against school officers.

- Power conferred upon the State School Superintendent to enforce the law governing schools of the state receiving state aid does not deny the remedy of mandamus to citizens and taxpayers who are patrons of the public schools against officers charged with the duty of building a schoolhouse in their district. Plainfield Consol. Sch. Dist. v. Cook, 173 Ga. 447, 160 S.E. 617 (1931).

Cited in Guy v. Nelson, 202 Ga. 728, 44 S.E.2d 775 (1947).

OPINIONS OF THE ATTORNEY GENERAL

Superintendent not authorized to determine title to county office upon suspending local superintendent.

- While the State School Superintendent has the right to suspend a county superintendent for certain causes, the law does not provide or empower the superintendent with the authority to determine the title to this county office. 1945-47 Op. Att'y Gen. p. 203.

RESEARCH REFERENCES

C.J.S.

- 78 C.J.S., Schools and School Districts, § 500 et seq.

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