Editor's notes.

- Some of the cases cited below were decided prior to the 1993 amendment of this Code section. Under the former version, school board members were selected by the grand jury.

Section is on its face a general law unaffected by unreasonable classification. Gibson v. Hood, 185 Ga. 426, 195 S.E. 444 (1938) (decided prior to 1993 amendment).

Section is not unconstitutional on the statute's face.

- Georgia's constitutional and statutory scheme for selecting its grand juries and boards of education is not inherently unfair, or necessarily incapable of administration without regard to race; the federal courts are not powerless to remedy unconstitutional departures from Georgia law by declaratory and injunctive relief. Turner v. Fouche, 396 U.S. 346, 90 S. Ct. 532, 24 L. Ed. 2d 567 (1970) (decided prior to 1993 amendment).

Limitation of school board membership to freeholders violated the equal protection clause of the Fourteenth Amendment. Turner v. Fouche, 396 U.S. 346, 90 S. Ct. 532, 24 L. Ed. 2d 567 (1970) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 334 and prior to amendment by Ga. L. 1983, p. 3).

Purpose of this section is to ensure that members of the respective county boards of education will not be hindered by conflicting interests or loyalties in achieving for their counties the best possible educational facilities. Turner v. Lashley, 239 Ga. 678, 238 S.E.2d 371 (1977) (decided prior to 1993 amendment).

Section does not exclude "unexpired terms" filled by election in event of resignation.

- This section expressly provides "terms" of tenure of office for the members of the county boards and is not to be construed as excluding "unexpired terms" to be filled by the election of another in the event of resignation of an incumbent. In the event of such an election of a successor, the succession would be for the remainder of the period the predecessor would have served had the member not resigned. Fulford v. Colston, 193 Ga. 893, 20 S.E.2d 579 (1942) (decided prior to 1993 amendment).

Not subject to strict scrutiny standard of review.

- Strict scrutiny review should not have been applied to plaintiff school board members' challenges under the First and Fourteenth Amendments to O.C.G.A. § 20-2-51(c)(2) because the statute's nepotism provision prohibited plaintiffs only from running for the school board in districts where certain family members were employed, but the statute did not otherwise impair plaintiffs' right to run for office or to vote; plaintiffs' injury was not so severe as to require strict scrutiny. Plaintiffs' claims that the statute was both too narrow and overbroad also failed; that the statute did not prevent nepotism in all its possible forms did not heighten the severity of the restriction to necessitate strict scrutiny. Grizzle v. Kemp, 634 F.3d 1314 (11th Cir. 2011).

Vocational technical school is not sufficient conflict of interest to bar membership on county board of education because it is considered to be an institution above the high school level. Turner v. Lashley, 239 Ga. 678, 238 S.E.2d 371 (1977) (decided prior to 1993 amendment).

1872 Education Act not racially discriminatory.

- 1872 Education Act (Ga. L. 1872, p. 64) authorizing grand jury selection of county boards of education was not adopted with a racially discriminatory purpose. Vereen v. Ben Hill County, 743 F. Supp. 864 (M.D. Ga. 1990) (decided prior to 1993 amendment).

School board officials related to school employees.

- Neither the "constitutional trust" provision (Ga. Const. 1983, Art I, Sec. II, Para. I) nor the Education Code (O.C.G.A. § 20-1-1 et seq.) presume that elected school board officials whose family members are employed by the local school system act in violation of their public duty merely by participating in decisions affecting school operations. Ianicelli v. McNeely, 272 Ga. 234, 527 S.E.2d 189 (2000).

County residents' challenge to a school board candidate's residency qualification under O.C.G.A. § 45-2-1(1) and Ga. Const. 1983, Art. VIII, Sec. V, Para. II, was barred by res judicata because another challenger had raised the same challenge, and the challenge had been resolved against the challenger by the county's board of elections. Lilly v. Heard, 295 Ga. 399, 761 S.E.2d 46 (2014).

Cited in McCollum v. Bass, 201 Ga. 537, 40 S.E.2d 650 (1946).

Editor's notes.

- In light of the similarity of the statutory provisions, opinions rendered under the former version of this Code section prior to its 1993 amendment are included in the annotations for this Code section. Under the former version, school board members were selected by the grand jury.

Constitution supersedes statutory terms.

- To the extent that this provision conflicts with the constitutional provision on boards of education, the latter controls, but such conflict does not otherwise render other provisions contained in the Code invalid. 1960-61 Op. Att'y Gen. p. 151 (decided prior to 1993 amendment).

Ga. Const. 1945, Art. VIII, Sec. IX, Para. I (see now Ga. Const. 1983, Art. VIII, Sec. V, Paras. II and IV), to the extent that it conflicts with this section, supersedes the terms thereof, and this section must be read in conjunction with and pursuant to the constitutional provision. 1960-61 Op. Att'y Gen. p. 155 (decided prior to 1993 amendment).

Grand jury empowered to fix terms of first appointees after adoption of 1945 Constitution.

- Grand jury of the county is clothed with the power to fix the beginning and ending of the term of the first appointees made after the adoption of the 1945 Constitution and thereafter all subsequent terms are to conform with the beginning of the term of the first appointee. 1960-61 Op. Att'y Gen. p. 155 (decided prior to 1993 amendment).

Residency requirements for the election of local school board members cannot be established by board bylaws. 1997 Op. Att'y Gen. No. U97-25.

Members-elect cannot enter upon duties until qualified, commissioned, and administered appropriate oaths.

- Members-elect of a local board of education shall not enter upon the duties of office until the members are qualified, commissioned, and administered the appropriate oaths. An incumbent board member who has been reelected or reappointed may continue to serve as an official member of the board prior to receiving the commission and being administered the appropriate oaths for the new term. 1975 Op. Att'y Gen. No. 75-15 (decided prior to 1993 amendment).

As local board members are public officers, their terms shall continue until successors are commissioned. 1975 Op. Att'y Gen. No. 75-15 (decided prior to 1993 amendment).

When grand jury fails to make appointment, member continues until successor selected.

- When the local grand jury fails to make an appointment to fill the office of a member of the county board of education whose term has expired, if the member has not resigned, the member continues to be a member of the county board of education until a successor is selected and qualified. 1958-59 Op. Att'y Gen. p. 107 (decided prior to 1993 amendment).

Citizen-resident of independent district qualified to select county board member.

- Citizen-resident of an independent school district is not disqualified from participating in the selection of a member of a county board of education by a grand jury of which the citizen-resident is a member. 1960-61 Op. Att'y Gen. p. 151 (decided prior to 1993 amendment).

No person employed by or serving on other board may serve on county board.

- No person employed by or serving as a member of the board of any other public school system may serve as a member of a county board of education. 1974 Op. Att'y Gen. No. U74-69 (decided prior to 1993 amendment).

No employee of state department or county board may serve on county board.

- Neither an employee of the State Department of Education or of a county board of education is eligible for membership on the county board of education. 1974 Op. Att'y Gen. No. U74-69 (decided prior to 1993 amendment).

Principal or school teacher in elementary school could be candidate for county board of education. 1958-59 Op. Att'y Gen. p. 140 (decided prior to 1993 amendment).

Teacher may serve as a county commissioner unless prohibited by a local law or unless a local circumstance would allow the commission to affect the pay or other conditions of employment of teachers. 1999 Op. Att'y Gen. No. U99-3.

Members of a county board may be employed by a separate school system even if the board contracts with that system for use of the county's middle and high schools. 1999 Op. Att'y Gen. No. U99-7.

Local board member is required to take an oath affirming that the member is not the holder of public money due this state, that the member is not the holder of an office of the United States or of any one of the several states, that the member is otherwise qualified to hold office, that the member meets the residency requirements for office, and that the member will support the Constitution of the United States and of this state. Until the member takes that oath a local board member is not to enter upon the duties of that office. 1975 Op. Att'y Gen. No. 75-15 (decided prior to 1993 amendment).

Vacation equivalent of failed election.

- Vacancy in a county board of education, which resulted from a quo warranto action and determination that a board member was ineligible at the time the member was elected and sworn in and continues to be ineligible to hold that office, is the equivalent of a failed election and must be filled by special election under former Code 1933, § 34-1514. 1980 Op. Att'y Gen. No. 80-60 (decided prior to 1993 amendment).

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 67 et seq.

C.J.S.

- 78 C.J.S., Schools and School Districts, §§ 94, 95, 124 et seq.

ALR.

- Right of school teacher to serve as member of school board in school district where employed, 70 A.L.R.3d 1188.

Applicability and application of § 2 of Voting Rights Act of 1965 (42 USCS § 1973) to members of school board, 105 A.L.R. Fed. 254.