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2018 Georgia Code 20-2-372 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-372 Case Law from Google Scholar Amendments to OCGA 20-2-372

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

20-2-372. Effect of repeal and consolidation.

Where any local or independent system is repealed by and in the manner provided in Code Sections 20-2-370 and 20-2-371, the territory formerly included in such independent system shall become and constitute a school district of the county in which it is located and shall enjoy the same privileges and shall be governed by the same laws as other school districts in the county, including the authority to levy local taxes for school purposes; provided, however, that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts.

(Ga. L. 1926, Ex. Sess., p. 40, § 3; Code 1933, § 32-1203.)

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 the 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.

When merged, 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, 90.

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