O.C.G.A. § 20-2-392 (2019)
Duration of loan; repayment
No money shall be borrowed for any longer time than is necessary, and it shall be paid back out of any funds of the county school superintendent that can be legally applied to the payment of the loan.
History
Ga. L. 1919, p. 288, § 97; Code 1933, § 32-923.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, a decision under former Code 1910, § 1551(104), which was subsequently repealed but was succeeded by provisions in this Code section, is included in the annotations for this Code section. Board empowered to repay debts from funds derived from tax levy. - Board of education, having lawfully incurred debts for money loaned to pay teachers and operate the public schools of
the county, and the debts having accumulated from year to year, it was in the power of the board to repay the debts from any funds that could lawfully be applied to such a purpose, including funds derived from the levy of a local tax in the fall of the school year in which the debts are paid. Board of Educ. v. Thurmond, 162 Ga. 58, 132 S.E. 427, 1926 Ga. LEXIS 108 (1926) (decided under former Code 1910, § 1551 (104)).
OPINIONS OF THE ATTORNEY GENERAL Unconstitutional not to discharge school obligations within year incurred. - Neither Board of Educ. v. Thurmond, 162 Ga. 58, 132 S.E. 427 (1926), nor Board of Educ. v. Board of Trustees of Fort Valley Consol. School
Dist., 170 Ga. 509, 153 S.E. 214 (1930), can properly be construed as upholding the constitutionality of school obligations not to be discharged within the year in which the obligations are incurred. 1969 Op. Att’y Gen. No. 69-160.
RESEARCH REFERENCES Am. Jur. 2d. 63C Am. Jur. 2d, Public Officers and Employees, §§ 247, 249. C.J.S. 78A C.J.S., Schools and School Districts, § 707 et seq.
ALR. Right of person advancing money for public school purposes to be reimbursed, 50 A.L.R. 1291.