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2018 Georgia Code 20-2-52 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-52 Case Law from Google Scholar Amendments to OCGA 20-2-52

TITLE 20 EDUCATION

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

ARTICLE 3 LOCAL BOARDS OF EDUCATION

20-2-52. Term of office; number of members; staggering of terms.

  1. Effective January 1, 2012, members of local boards of education shall be elected for terms of not less than four years, provided that longer terms of office may be provided by local Act or constitutional amendment.
    1. Each local board of education shall have no more than seven members as provided by local Act.
    2. This subsection shall not apply to a local board of education whose board size exceeds seven members as provided by local constitutional amendment or federal court order or pursuant to a local law in effect prior to July 1, 2010; provided, however, that if the local law of any such local board of education is amended to revise the number of members on such board, paragraph (1) of this subsection shall apply.
  3. Members of local boards of education in office on July 1, 2011, who are serving terms of office of less than four years shall serve until December 31, 2012, and until their respective successors are elected and qualified. Members elected in 2011 shall serve until December 31, 2014, and until their respective successors are elected and qualified. Successors to all such members shall be elected to serve four-year terms of office and until their respective successors are elected and qualified.
  4. The General Assembly, by local law, may provide for staggered terms of office and term limits for such offices. On and after January 1, 2015, the General Assembly by local law may provide for terms of less than four years for members of local boards of education.

(Ga. L. 1919, p. 288, § 78; Code 1933, § 32-903; Ga. L. 1965, p. 124, § 1; Ga. L. 1992, p. 6, § 20; Ga. L. 1993, p. 1279, § 2; Ga. L. 2010, p. 452, § 3/SB 84; Ga. L. 2011, p. 26, § 1/SB 79.)

Editor's notes.

- Ga. L. 2011, p. 26, § 4/SB 79, not codified by the General Assembly, provides: "If a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010, but prior to the effective date of this Act, local board of education members elected or appointed on or after July 1, 2010, but prior to the effective date of this Act shall be subject to the provisions of Code Section 20-2-73 as they existed on the day prior to April 20, 2011." This Act became effective April 20, 2011.

Ga. L. 2011, p. 26, § 5/SB 79, not codified by the General Assembly, provides: "The Attorney General of Georgia shall cause Section 3 of this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or becomes law without such approval." The Governor approved this Act on April 20, 2011.

JUDICIAL DECISIONS

Applicability.

- Telfair County Tenure Law, Ga. L. 1963, p. 705, did not limit the terms a school board member could serve because although it is a local constitutional amendment, it does not apply to Ga. Const. 1983, Art. VIII and, thus, does not apply to school board members. Dyal v. Pope, 283 Ga. 463, 660 S.E.2d 725 (2008).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions rendered under former versions of this Code section are included in the opinions under this Code section.

Section remains in force and effect after the adoption of the 1945 Constitution because it does not conflict with the Constitution. 1945-47 Op. Att'y Gen. p. 148 (decided prior to 1993 amendment).

Constitutional provision controls.

- To the extent 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).

Section not relevant to elected school boards.

- O.C.G.A. § 20-2-52 would appear to relate only to school boards appointed by grand juries and not to elected school boards. In any event, the relocation of an elected member of the Fayette county board of education to another district within Fayette county after taking office would not create a vacancy in the office which the member holds. 1988 Op. Att'y Gen. No. U88-35 (decided prior to 1993 amendment).

Enlargement of nonresidency qualification requirements by local law unconstitutional.

- If an attempt were made to enlarge the qualification requirements (other than residence requirements) by local law, there would be a violation of Ga. Const. 1945, Art. I, Sec. IV, Para. I (see now Ga. Const. 1983, Art. III, Sec. VI, Para. IV) which prohibits special legislation in cases where provision has been made by existing general law. 1972 Op. Att'y Gen. No. U72-103 (decided prior to 1993 amendment).

If county has four districts, one member selected at large.

- When a county has four districts, one member of the county board of education should be selected from the county at large. 1945-47 Op. Att'y Gen. p. 146 (decided under Ga. L. 1919, p. 288 prior to amendment by Ga. L. 1965, p. 124).

Grand jury may not select two members of the board from the same district or locality. 1945-47 Op. Att'y Gen. p. 143 (decided under Ga. L. 1919, p. 288 prior to amendment by Ga. L. 1965, p. 124).

Constitution does not supersede this section so as to authorize a grand jury to elect more than one member of a county board of education from any one militia district. 1952-53 Op. Att'y Gen. p. 63 (decided under Ga. L. 1919, p. 288 prior to amendment by Ga. L. 1965, p. 124).

Member of the legislature may serve as a member of a county board of education. 1948-49 Op. Att'y Gen. p. 582 (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).

Board members selected from area not within independent school district.

- It is clear from the Constitution and this section that members of the county board of education shall be selected from that portion of the county not embraced within the territory of an independent school district. 1948-49 Op. Att'y Gen. p. 510 (decided prior to 1993 amendment).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, §§ 68, 69.

C.J.S.

- 78 C.J.S., Schools and School Districts, §§ 94, 95, 128 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.

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