O.C.G.A. § 20-2-59 (2019)

Annotations

Editor’s notes. Ga. L. 2022, p. 23, § 1/SB 514, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Unmask Georgia Students Act.’”

JUDICIAL DECISIONS Local school boards may constitutionally employ different methods to control educational quality. - Since the Georgia Constitution and Code provide 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). Local school boards must be re-

ELEMENTARY & SECONDARY EDUC.

stricted to powers expressly granted or necessarily implied by statute, since their composition and function are extensively regulated by the state. Davis v. Griffin-Spalding County Bd. of Educ., 445 F. Supp. 1048, 1975 U.S. Dist. LEXIS 15029 (N.D. Ga. 1975). If state board acts lawfully, effect on private schools not considered. - So long as the State Board of Education is acting within the board’s lawful rights, the effect of public schools on private schools cannot be considered. Worth v. Board of Pub. Educ., 177 Ga. 166, 170 S.E. 77, 1933 Ga. LEXIS 139 (1933). If election of teacher revoked before contract executed, notice and hearing not required. - If a petition shows only an election of a teacher by a local board of education for an additional 12-month period, which was revoked by the board before a contract was executed although the teacher alleges the teacher notified the board of the teacher’s acceptance, there was never any contract by and between the parties which would require the board to give the teacher notice and a hearing under this section since the teacher was no longer a teacher upon the termination of the present contract. Kelley v. Spence, 223 Ga. 506, 156 S.E.2d 351, 1967 Ga. LEXIS 585 (1967) (decided under Ga. L. 1956, p. 747 prior to revision by Ga. L. 1974, p. 1104, deleting procedures for suspension of teachers). Mandamus of teacher seeking only reinstatement, and not hearing, alleges no cause of action. - When the plaintiff filed a petition for mandamus against the county school board and

school superintendent to compel reinstatement in position as a teacher, although plaintiff demanded a hearing under the terms of this section and had not been given a hearing, plaintiff’s writ of mandamus did not seek such a hearing, but only reinstatement; consequently, the petition alleges no cause of action. Westberry v. Taylor, 215 Ga. 464, 111 S.E.2d 77, 1959 Ga. LEXIS 513 (1959) (decided under Ga. L. 1956, p. 747 prior to revision by Ga. L. 1974, p. 1104, deleting procedures for suspension of teachers). Official immunity. - In a wrongful death action by parents of a student who was murdered after leaving school early, the county superintendent and members of the board of education were entitled to official immunity based on their discretionary adoption of rules governing policies and procedures applicable to schools within the district, even though the rules did not address early dismissal of students. Perkins v. Morgan County Sch. Dist., 222 Ga. App. 831, 476 S.E.2d 592, 1996 Ga. App. LEXIS 929 (1996), cert. denied, No. S97C0093, 1997 Ga. LEXIS 109 (Ga. Jan. 17, 1997). Preparation of school safety plan is discretionary, not ministerial, duty. - Mandated action set forth in O.C.G.A. § 20-2-1185 with regard to every public school preparing a school safety plan is a discretionary duty rather than a ministerial duty; by so deciding, the Supreme Court of Georgia determined that the holding in Leake v. Murphy, 274 Ga. App. 219 (2005) was incorrect and overruled that holding. Murphy v. Bajjani, 282 Ga. 197, 647 S.E.2d 54, 2007 Ga. LEXIS 470 (2007).

OPINIONS OF THE ATTORNEY GENERAL Power to manage and control county school systems in Georgia rests in the county board of education; the county school superintendent is obliged to comply with and carry out all rules, regulations, and instructions of the county board of education. 1974 Op. Att’y Gen. No. U74-65. 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 implemen-

tation 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. Rules and regulations adopted by school boards must be reasonable; otherwise the rules and regulations cannot be enforced. 1958-59 Ga. Op. Att’y Gen. 136. County board may provide that no county bus shall transport students to unassigned areas. - Under the general regulatory powers granted county boards of education, a county board, when the board deems it to be in the best interest and for the most efficient operation of the schools of the county, may, by regulations duly adopted, provide that no school bus under the jurisdiction of the board shall transport pupils to any atten-

dance area other than areas to which the school bus has been assigned by the board. 1950-51 Ga. Op. Att’y Gen. 272. Minimum age necessary for student to enroll in public schools of Georgia is administrative question to be decided by each county or city board of education. 1954-56 Ga. Op. Att’y Gen. 274. 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 suspend children for conducting themselves in a manner calculated to produce disorder or for committing immoral acts. 1958-59 Ga. Op. Att’y Gen. 136. Use or possession of tobacco products. - Local school board may promulgate a policy which prohibits the use of tobacco products by the board’s employees while on school property, but may not impose a policy which prohibits the possession of tobacco products by the board’s employees while on school property. 1988 Op. Att’y Gen. No. U88-9.

RESEARCH REFERENCES Am. Jur. 2d. 68 Am. Jur. 2d, Schools, § 78 et seq. C.J.S. 78 C.J.S., Schools and School Districts, § 196 et seq. ALR. Power of school authorities to employ physicians, nurses, oculists, and dentists, 12 A.L.R. 922. Power of school authorities to transfer teacher from one school or district to another, 103 A.L.R. 1382. Validity, construction, and application

of statutes or regulations concerning recreational or social activities of pupils of public schools, 134 A.L.R. 1274. Power of school district or school board to employ counsel, 75 A.L.R.2d 1339. Regulations as to fraternities and similar associations connected with educational institution, 10 A.L.R.3d 389. Validity, construction, and effect of municipal residency requirements for teachers, principals, and other school employees, 75 A.L.R.4th 272.