O.C.G.A. § 20-2-60 (2019)

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1910, §§ 1551(96) and 1551(97), which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. Section is not unconstitutional. Branson v. Long, 159 Ga. 288, 125 S.E. 500, 1924 Ga. LEXIS 433 (1924) (decided under former Code 1910, § 1551 (96)). Right to unite schools conferred by section. - Right of the county board of education to unite two or more schools in the same or different districts is conferred upon the board. Bramlett v. Callaway, 192 Ga. 8, 14 S.E.2d 454, 1941 Ga. LEXIS 393 (1941). Former Code 1933, § 32-915 recognized that the high school grades were a part of the common school and not a school within themselves unless established under the provisions of former Code 1933, § 32-912. Irwin v. Crawford, 210 Ga. 222, 78 S.E.2d 609, 1953 Ga. LEXIS 539 (1953). Only limitation placed upon the authority of the board to consolidate schools is that the board must be of the opinion that such consolidation will promote the welfare of the schools of the county and the best interests of the pupils and that the school be located conveniently to the pupils and as near to the center of the district or districts as practicable. Bramlett v. Callaway, 192 Ga. 8, 14 S.E.2d 454, 1941 Ga. LEXIS 393 (1941). Board cannot consolidate rural and municipal schools. - This section does not give county boards authority to con-

solidate rural schools with those established and maintained in municipalities; the policy of the state has been to keep independent municipal schools separate and distinct from the county schools. Board of Educ. v. Hunt, 159 Ga. 749, 126 S.E. 789, 1925 Ga. LEXIS 48 (1925) (decided under former Code 1910, § 1551 (96)). Word “consolidated” does not have to appear in name for consolidated district. - If two or more local school districts are consolidated, it is not necessary that the word “consolidated” appear as a part of the name selected for the consolidated district; it is proper for a proceeding to validate bonds to be conducted in the name of the district as fixed by the proper school authorities. Hawthorne v. Turkey Creek Sch. Dist., 162 Ga. 462, 134 S.E. 103, 1926 Ga. LEXIS 217 (1926) (decided under former Code 1910, § 1551 (96)). School site chosen after hearings and approved by voters, board actions legal. - When the site of a proposed school was chosen after several hearings by the board and was approved by the majority of the voters in the county, in view of the wide discretion given the board under this section, the actions of the board are not illegal as a matter of law nor are the actions an abuse of discretion. Berrie v. State, 119 Ga. App. 148, 166 S.E.2d 631, 1969 Ga. App. LEXIS 1020 (1969). No judicial review. - Consolidation of school districts is a part of the political power of the state which the legislature has seen fit to confer upon the county board of education, with a referendum to

the voters of the consolidated districts to approve or disapprove the consolidation; and in the absence of any provision made for a review in equity of the decision of the board, the remedy by popular vote is the only one open. Church v. Purcell, 186 Ga. 95, 196 S.E. 806, 1938 Ga. LEXIS 551 (1938). Citizen, to prevent superintendent from paying over appropriated funds, must show special injury. - In

order for a private citizen to maintain an action against the State School Superintendent to prevent the superintendent from paying over funds appropriated for consolidated schools to county authorities, the citizen must show that the duty is owed to individuals and that special injury is incurred by the wrongful act. Sanders v. Ballard, 160 Ga. 366, 127 S.E. 851, 1925 Ga. LEXIS 161 (1925) (decided under former Code 1910, § 1551 (97)).

OPINIONS OF THE ATTORNEY GENERAL County board authorized to consolidate county schools. - County board of education is vested with the authority to consolidate county schools when, in the opinion of the board, the consolidation is in the best interests of the

schools and the pupils of the county; this is a duty and responsibility which is vested in the county school board rather than the State Board of Education. 1948-49 Ga. Op. Att’y Gen. 502.

RESEARCH REFERENCES Am. Jur. 2d. 68 Am. Jur. 2d, Schools, §§ 78, 95. C.J.S. 78 C.J.S., Schools and School Districts, §§ 138 et seq., 514 et seq., 521, 522, 557, 558.

ALR. Zoning regulations as applied to public elementary and high schools, 74 A.L.R.3d 136.