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2018 Georgia Code 20-3-59 | Car Wreck Lawyer

TITLE 20 EDUCATION

Section 3. Postsecondary Education, 20-3-1 through 20-3-660.

ARTICLE 2 BOARD OF REGENTS AND UNIVERSITY SYSTEM

20-3-59. Power of local school boards to add facilities to university system; bond issues.

The board of education of any county school district or the governing body of any independent school system in providing an adequate public school system shall have the right and authority either alone or in conjunction with another district or system:

  1. To acquire real property and to acquire, construct, and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so acquired to the board of regents, its successors, or assigns; and
  2. To contribute funds to the board of regents, acting for and on behalf of the board of regents, to be applied toward the acquisition of real property and the acquisition, construction, and equipping of buildings and facilities for education beyond the twelfth grade.

    In addition to the foregoing powers, each such governing body shall have the right and authority to issue bonds in accordance with the Constitution and laws of this state for any of the aforesaid purposes; provided, only, that prior to exercising such right or authority, any such board of education or governing body shall have agreed by contract to convey any such property so acquired or to contribute such funds, and the board of regents, acting as aforesaid, shall have agreed to accept any such property or contribution and to acquire, construct, and equip such buildings and facilities and to operate and maintain them as a unit of the university system rather than as a part of the public school system of this state.

(Ga. L. 1919, p. 288, § 107; Code 1933, § 32-933; Ga. L. 1963, p. 617, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, some of the following cases which were decided prior to the 1981 recodification, under which this Code section also provided for the establishment of high schools and junior high schools, are included in the annotations for this Code section.

Statute is an addition to the authority to establish and maintain county public schools, which includes high schools. Bedingfield v. Parkerson, 212 Ga. 654, 94 S.E.2d 714 (1956).

Statute silent as to location of schools.

- Respecting the location of the high schools or junior high schools which a county board of education may establish in its county, this section is completely silent as to the place or places therefor. Patterson v. Boyd, 211 Ga. 679, 87 S.E.2d 861 (1955).

Equity will not interfere with schools' management unless the board has clearly acted without authority of law. Patterson v. Boyd, 211 Ga. 679, 87 S.E.2d 861 (1955).

Cited in Davis v. Ware County Bd. of Educ., 117 Ga. App. 388, 160 S.E.2d 674 (1968); Grimes v. Clark, 226 Ga. 195, 173 S.E.2d 686 (1970).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Colleges and Universities, §§ 6, 36 et seq. 68 Am. Jur. 2d, Schools, §§ 45, 78, 86 et seq., 125 et seq.

C.J.S.

- 14A C.J.S., Colleges and Universities, §§ 1, 4. 78 C.J.S., Schools and School Districts, §§ 452, 453. 78A C.J.S., Schools and School Districts, §§ 756 et seq., 1068 et seq.

ALR.

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

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