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2018 Georgia Code 20-2-371 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-371 Case Law from Google Scholar Amendments to OCGA 20-2-371

TITLE 20 EDUCATION

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

ARTICLE 8 CONSOLIDATION OF INDEPENDENT AND COUNTY SCHOOL SYSTEMS

20-2-371. Proceedings when vote favors repeal and consolidation.

When the results of an election held under Code Section 20-2-370 are declared and published in favor of repealing such independent school system, making the territory included in the system thereby to become a part of the county school system, such independent or local school system shall continue to function under its local laws, organizations, and regulations until the county board of education shall arrange for the operation by them of such school or schools within the local system as a part of their public school system.

(Ga. L. 1926, Ex. Sess., p. 40, § 2; Code 1933, § 32-1202.)

JUDICIAL DECISIONS

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, it 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).

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

OPINIONS OF THE ATTORNEY GENERAL

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. 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, or through the adoption of a constitutional amendment changing the existing systems. 1960-61 Op. Att'y Gen. p. 143.

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

- Former Code 1933, §§ 32-1201 and 32-1202 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.

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, §§ 36, 40, 48.

C.J.S.

- 78 C.J.S., Schools and School Districts, §§ 87, 89.

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