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Ga. Const. art. VIII, § II, ¶ I — State Board of Education | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE VIII. EDUCATION

Paragraph I. State Board of Education.

(a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The ten members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. The terms of office of all members appointed after the effective date of this Constitution shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.

(b) The State Board of Education shall have such powers and duties as provided by law.

(c) The State Board of Education may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the state educational system.

(d) The qualifications, compensation, and removal from office of the members of the board of education shall be as provided by law.

1976 Constitution.

- Art. VIII, Sec. II, Para. I; Art. VIII, Sec. VI, Para. I.

Cross references.

- State Board of Education generally, § 20-2-1 et seq.

Acceptance of donations, grants, and other aid by State Board of Education, § 20-2-14 et seq.

JUDICIAL DECISIONS

All suits by, or against, a county shall be in the name thereof. Since the Constitution of 1877, all suits by or against a county must be in the name of a county. Commissioners of Rds. & Revenue v. Howard, 59 Ga. App. 451, 1 S.E.2d 222 (1939).

State is not strictly liable for alleged unlawful segregation activities by local schools. However, it has continuing authority and an obligation to insure that local education agencies have completely eliminated all vestiges of the dual system and have not adopted practices that will cause racial separation. Georgia State Conference v. Georgia, 570 F. Supp. 314 (S.D. Ga. 1983).

Cited in Verner v. Board of Educ., 203 Ga. 521, 47 S.E.2d 500 (1948); Mayor of Union Point v. Jones, 88 Ga. App. 848, 78 S.E.2d 348 (1953); Morman v. Pritchard, 108 Ga. App. 247, 132 S.E.2d 561 (1963); McDaniel v. Thomas, 248 Ga. 632, 285 S.E.2d 156 (1981).

OPINIONS OF THE ATTORNEY GENERAL

Terms "school purpose" and "educational purpose" construed.

- The term "school purpose" is more limited in meaning, nature, and scope than the term "educational purpose," and that although the terms are similar to the extent that the former is certainly included within the latter, the two terms themselves are not, in all their ramifications, sufficiently alike in meaning and significance as to be termed synonymous with each other; this is particularly true where such terms are used in conjunction with creation of charitable trusts. 1962 Op. Att'y Gen. p. 157.

Authority of Superintendent of Schools in employment and dismissal of department's employees.

- The Superintendent of Schools has no authority in law to employ or dismiss employees of the Department of Education but the Superintendent has the authority and the duty to recommend employment and dismissal from employment of employees of the department to the State Board of Education; employees of the department are employed and dismissed by the State Board of Education, but only on the recommendation of the Superintendent; the state board may not concur with recommendations made by the Superintendent but the board cannot employ or dismiss employees of the department without a recommendation to such effect by the State Superintendent of Schools. 1962 Op. Att'y Gen. p. 177.

"Professional" construed.

- The word "professional" within the context of this paragraph and former Code 1933, § 32-401 (see now O.C.G.A. § 20-2-4) refers to educational, rather than to legal capacity. 1971 Op. Att'y Gen. No. U71-124 (decided under former § 2-6501; see Ga. Const. 1983, Art. VIII, Sec. I, Para. I).

Instance of unwarranted disqualification from appointment to board.

- Receipt by an attorney at law under a legal partnership agreement of a prorated share of a fee for legal services furnished by the attorney's partner to a local board of education does not disqualify the attorney from appointment to the state board of education under this paragraph or under § 20-2-4. 1971 Op. Att'y Gen. No. U71-124 (see Ga. Const. 1983, Art. VIII, Sec. II, Para. I).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 66 et seq.

C.J.S.

- 78 C.J.S., Schools and School Districts, § 92 et seq.

ALR.

- Time as of which eligibility or ineligibility to office is to be determined, 143 A.L.R. 1026.