Constitutionality of abolition of local school districts.

- Abolition of local school districts by repeal of the districts' corporate charters does not violate the uniformity requirement of Ga. Const. 1976, Art. I, Sec. II, Para. VII (see now Ga. Const. 1983, Art. III, Sec. VI, Para. IV). Upson County Sch. Dist. v. City of Thomaston, 248 Ga. 98, 281 S.E.2d 537 (1981).

If systems consolidate, city school property title vested in county board.

- If, by election, an independent city school system is consolidated with the county school system, the election has the effect of vesting title to city school property in county board of education and no deed is, as a matter of law, necessary. Bailey v. County Bd. of Educ., 213 Ga. 308, 99 S.E.2d 124 (1957).

Municipality without power to donate other funds for school's support.

- After a municipality has transferred a school to the county board of education, the municipality has no legal power to donate other funds for the support of the school. Miller v. City of Cornelia, 188 Ga. 674, 4 S.E.2d 568 (1939).

Section applies to abolition of school system, not city itself.

- O.C.G.A. § 20-2-370 was intended to apply where citizens of municipality wish to abolish their city school system and become part of county school system, without abolishing the city. It was not intended to be a prerequisite to abolition of the city itself. Upson County Sch. Dist. v. City of Thomaston, 248 Ga. 98, 281 S.E.2d 537 (1981).

Cited in McCullers v. Williamson, 221 Ga. 358, 144 S.E.2d 911 (1965).

Systems cannot merge except by constitutional amendment or statutory procedure.

- No existing county school system can legally merge with an independent school system except by constitutional amendment or by following the present statutory procedure as provided by this article. 1952-53 Op. Att'y Gen. p. 335.

No existing county board of education and independent school system can merge except either by following the present statutory procedure, as set forth in this article, or through the adoption of a constitutional amendment changing the existing systems. 1960-61 Op. Att'y Gen. p. 143.

Final decision in determining merger question.

- While former Code 1933, § 32-403 (see now O.C.G.A. § 20-2-211) clearly gave the State Board of Education general supervision over the common schools of this state and contains no inhibitions against the board making suggestions or recommendations as to the advisability of merging independent school districts with county school systems, nevertheless, the final decision in determining the question of merger is vested exclusively in the qualified voters residing within the municipality or district as provided for in former Code 1933, § 32-1201 (see now O.C.G.A. § 20-2-370). 1948-49 Op. Att'y Gen. p. 513.

County, not state, board arranges for operation of merged local system.

- Former Code 1933, §§ 32-1201 and 32-1202 (see now O.C.G.A. §§ 20-2-370 and20-2-371) set forth the procedure for the merger of an independent school system with the county school system and provide that the county board of education shall arrange for the operation of the local system as a part of the county public school system; this is a function of the county board of education and not the State Board of Education. 1948-49 Op. Att'y Gen. p. 513.

Former homestead exemptions not subject to county tax.

- When an independent school system of a city was merged with the county school system, the homestead exemptions granted under Ga. L. 1946, p. 12 to the residents of the city were not subject to the tax levied by the county for school purposes. 1958-59 Op. Att'y Gen. p. 348.

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, §§ 17, 39.

C.J.S.

- 78 C.J.S., Schools and School Districts, §§ 87, 88.