O.C.G.A. § 20-2-50 (2019)

Annotations

Cross references. Consolidation of independent and county school systems, § 20-2-370 et seq.

Law reviews. For survey article on local government law, see 34 Mercer L. Rev. 225 (1982).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1910, § 1551 (81), which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. Purpose. - O.C.G.A. § 20-2-50 was not intended to prevent existence or growth of independent school systems. Upson County Sch. Dist. v. City of Thomaston, 248 Ga. 98, 281 S.E.2d 537, 1981 Ga. LEXIS 913 (1981). Authority of local boards to govern local systems constitutional. - Since the Georgia Constitution and Code provides local school boards with sweeping authority in the governing of local school systems, the fact that other school boards may choose to employ other methods to control the quality of education in their systems does not evince a denial of equal protection. Wells v. Banks, 153 Ga. App. 581, 266 S.E.2d 270, 1980 Ga. App. LEXIS 1909 (1980). “Teacher-Tenure Act for Richmond County” (Ga. L. 1937, pp. 1409-1413) was not invalid as without constitutional authority under Ga. Const. 1877, Art. VII, Sec. VI, Para. II (see now Ga. Const. 1983, Art. III, Sec. VI, Para. IV), or as contrary to the limitations of that para-

graph. County Bd. of Educ. v. Young, 187 Ga. 644, 1 S.E.2d 739, 1939 Ga. LEXIS 447 (1939). Section is exhaustive as to who shall and must control and manage schools of county. - Boards alone can receive and expend all school funds. Stewart v. Davidson, 218 Ga. 760, 130 S.E.2d 822, 1963 Ga. LEXIS 326 (1963). County schools’ management and control confided in county board. - Each county of the state is made a school district, and the management and control of the schools of the county is confided in the county board of education. Pass v. Pickens, 204 Ga. 629, 51 S.E.2d 405, 1949 Ga. LEXIS 459 (1949). County cannot be sued unless law gives power. - County cannot be sued unless there is a law which expressly or by necessary implication gives the county such power. Board of Educ. v. Hunt, 29 Ga. App. 665, 116 S.E. 900, 1923 Ga. App. LEXIS 158 (1923) (decided under former Code 1910, § 1551 (81)). School district is a body corporate with the capacity to sue and be sued. Foster v. Cobb County Bd. of Educ., 133 Ga. App. 768, 213 S.E.2d 38, 1975 Ga. App. LEXIS 2276 (1975). School district is a body corporate that may be sued when the district has

incurred a liability under the law such as upon a district contract, bond issues, building contracts, etc. Ty Ty Consol. Sch. Dist. v. Colquitt Lumber Co., 153 Ga. 426, 112 S.E. 561, 1922 Ga. LEXIS 95 (1922) (decided under former Code 1910, § 1551 (81)). County board of education is not a body corporate with authority to sue and be sued in the ordinary sense. Mattox v. Board of Educ., 148 Ga. 577, 97 S.E. 532, 1918 Ga. LEXIS 448 (1918) (decided under former Code 1910, § 1551 (81)); Ferguson v. Smith, 27 Ga. App. 806, 110 S.E. 42, 1921 Ga. App. LEXIS 443 (1921) (decided under former Code 1910, § 1551 (81)); Smith v. Board of Educ., 153 Ga. 758, 113 S.E. 147, 1922 Ga. LEXIS 166 (1922) (decided under former Code 1910, § 1551 (81)); Board of Educ. v. Hunt, 29 Ga. App. 665, 116 S.E. 900, 1923 Ga. App. LEXIS 158 (1923) (decided under former Code 1910, § 1551 (81)). Language of this section requires the conclusion that a county board of education is not a political subdivision and not a body corporate liable to suit in the ordinary sense (except in cases made so by an act of the legislature), and that the board of education of a particular county, through the board’s members, merely has the control and management of the county’s school district. Ray v. Cobb County Bd. of Educ., 110 Ga. App. 258, 138 S.E.2d 392, 1964 Ga. App. LEXIS 589 (1964). School board of education is not a body corporate and does not have the capacity to sue or be sued. Foster v. Cobb County Bd. of Educ., 133 Ga. App. 768, 213 S.E.2d 38, 1975 Ga. App. LEXIS 2276 (1975). Trustees of various school districts of the counties of this state are public

officials thereof, and a treasurer appointed by the trustees from among themselves for the purpose of handling and taking care of the funds of the school district acts in that capacity as a public official. U.S. Fid. & Guar. Co. v. McCurdy, 51 Ga. App. 507, 180 S.E. 902, 1935 Ga. App. LEXIS 386 (1935). County board is without power to delegate the board’s authority to manage affairs of school district. State Bd. of Educ. v. Elbert County Bd. of Educ., 112 Ga. App. 840, 146 S.E.2d 344, 1965 Ga. App. LEXIS 850 (1965). Invasion of privacy for use of Facebook photo. - High school student’s allegation against a school board and official for invasion of privacy by the use of a Facebook photo of the student in a bikini in a presentation on internet security failed to show that the student suffered a deprivation of federal rights caused by a school district policy or custom, given that there was an express policy against embarrassing students and given that the official who used the photo did not have policy-making authority. Chaney v. Fayette County Pub. Sch. Dist., 977 F. Supp. 2d 1308, 2013 U.S. Dist. LEXIS 143030 (N.D. Ga. 2013). County superintendent cannot contract debt on behalf of board without previous authority from the board. State Bd. of Educ. v. Elbert County Bd. of Educ., 112 Ga. App. 840, 146 S.E.2d 344, 1965 Ga. App. LEXIS 850 (1965). Immunity. - School district, as established by Georgia law, was not an arm of the state for purposes of Eleventh Amendment immunity. Lightfoot v. Henry County Sch. Dist., 771 F.3d 764, 2014 U.S. App. LEXIS 21382 (11th Cir. 2014).

OPINIONS OF THE ATTORNEY GENERAL Law vests full power and authority for operation of schools in county board of education. 1958-59 Ga. Op. Att’y Gen. 137. Management and control of local school systems are vested at the local level in Georgia, specifically in the boards of education of the various county and independent school systems, and this very broad power includes (subject to such

minimum standards as may be established by the State Board of Education as a condition of continued state fiscal assistance) the right to decide upon educational programs, curricula, course offerings, and general educational opportunities. 1977 Op. Att’y Gen. No. 77-60. Authority to provide educational opportunities not limited to specific

ELEMENTARY & SECONDARY EDUC.

ages. - Authority vested in the boards of education of the various county and independent school systems to implement educational programs and in general to provide for educational opportunities is not limited to specific ages. 1977 Op. Att’y Gen. No. 77-60. Matter of ages of children taught addressed by boards. - Minimum and maximum ages of children who may be taught in the public schools is a matter which addresses itself to the local boards of education. 1965-66 Op. Att’y Gen. No. 65-10. County board may divide county into attendance areas. - County board of education may not divide the county into school districts, but it appears that a county board does have the power to divide the county into attendance areas, and require that persons of school age living in a certain area attend the school in that area. 1950-51 Ga. Op. Att’y Gen. 41. County board may designate pupil assignment. - Local board of education has the authority to designate which school within the board’s school district shall be attended by a particular pupil, i.e., assignment of pupils in the public schools. 1958-59 Ga. Op. Att’y Gen. 137. Local board of education has the authority to designate which school within the board’s school district shall be attended by a particular pupil. 1960-61 Ga. Op. Att’y Gen. 142. If board abuses discretion in pupil assignments, aggrieved party can take proper action. - County board of education can determine where a pupil may attend school and can deny such pupil, in the board’s discretion, the right to attend a school of the pupil’s choice; when, however, it can be shown that the county board of education was abusing the discretion vested in the board, then the

aggrieved party can take proper action as provided by law. 1950-51 Ga. Op. Att’y Gen. 273. State board cannot stop student from passing should county board feel child reading sufficiently. - Inasmuch as this section has been judicially endorsed numerous times, and in consideration of the fact that the State Board of Education has no express authority to preempt local boards in decisions concerning promotion of individual students, it would appear that the state board cannot directly stop an individual student from passing to the next grade level should the county board feel the child is reading sufficiently. 1975 Op. Att’y Gen. No. 75-63. State board may, as condition of fiscal assistance, require implementation of state reading requirements. - Although the State Board of Education does not have explicit authority to directly preclude a student in a local school district from progressing from one grade level to another if the child is not capable of reading in the higher grade level, the board may, as a condition of continued state fiscal assistance, require local boards of education to implement state board established reading requirements. 1975 Op. Att’y Gen. No. 75-63. Charging fee for school transcripts is local matter within discretion of county board of education. 1957 Ga. Op. Att’y Gen. 97. Sharing of services between boards of education unauthorized. - Georgia boards of education are not empowered to share services by creating and utilizing a nonprofit corporation such as the Consortium for Adequate School Funding in Georgia, Inc., for the purpose of challenging state school funding by litigation or otherwise. 2009 Op. Att’y Gen. No. 2009-3.

RESEARCH REFERENCES Am. Jur. 2d. 68 Am. Jur. 2d, Schools, §§ 20 et seq., 66. Am. Jur. Proof of Facts. 22 Am. Jur. Proof of Facts, Schools, § 4. C.J.S. 78 C.J.S., Schools and School Districts, § 14 et seq.

ALR. Power of school district or school board to employ counsel, 75 A.L.R.2d 1339.