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2018 Georgia Code 20-2-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-61 Case Law from Google Scholar Amendments to OCGA 20-2-61

TITLE 20 EDUCATION

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

ARTICLE 3 LOCAL BOARDS OF EDUCATION

20-2-61. Fundamental roles of local boards of education and local school superintendents.

  1. The fundamental role of a local board of education shall be to establish policy for the local school system with the focus on student achievement. The fundamental role of a local school superintendent shall be to implement the policy established by the local board. It shall not be the role of the local board of education or individual members of such board to micromanage the superintendent in executing his or her duties, but it shall be the duty of the local board to hold the local school superintendent accountable in the performance of his or her duties. Local board of education members should work together with the entire local board of education and shall not have authority as independent elected officials but shall only be authorized to take official action as members of the board as a whole. Nothing in this subsection shall be construed to alter, limit, expand, or enlarge any powers, duties, or responsibilities of local boards of education, local board members, or local school superintendents.
  2. Except as may be allowed by law, no local board of education shall delegate or attempt to delegate its policy-making functions.

(Code 1981, §20-2-61, enacted by Ga. L. 2010, p. 452, § 6/SB 84.)

Editor's notes.

- This Code section formerly pertained to reorganizing schools and fixing the number of grades at each. The former Code section was based on Ga. L. 1953, Nov.-Dec. Sess., p. 282, § 1 and was repealed by Ga. L. 1985, p. 1657, § 2, effective July 1, 1986.

JUDICIAL DECISIONS

Constitutionality of statute providing for removal from office.

- Georgia Supreme Court held that the removal of local school board members under O.C.G.A. § 20-2-73 was not an unconstitutional infringement upon the governing authority of local school boards, nor was it a violation of any other constitutional provision or right. DeKalb County Sch. Dist. v. Ga. State Bd. of Educ., 294 Ga. 349, 751 S.E.2d 827 (2013).

Whether characterized as setting a qualification for continued service on the local board in the extraordinary circumstance of an imminent loss of accreditation, or whether characterized as providing for removal for malfeasance, misfeasance, or nonfeasance in office, O.C.G.A. § 20-2-73 was held by the Georgia Supreme Court to be a permissible exercise of the legislative power to provide for the removal for cause of members of local boards. DeKalb County Sch. Dist. v. Ga. State Bd. of Educ., 294 Ga. 349, 751 S.E.2d 827 (2013).

Cases Citing Georgia Code 20-2-61 From Courtlistener.com

Total Results: 1

DeKalb County School District v. Georgia State Board of Education

Court: Supreme Court of Georgia | Date Filed: 2013-11-25

Citation: 294 Ga. 349, 751 S.E.2d 827

Snippet: 20-2-73, the General Assembly also enacted OCGA § 20-2-61 (a), stating: “Local board of education members