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Call Now: 904-383-7448(a) There shall be a Board of Regents of the University System of Georgia which shall consist of one member from each congressional district in the state and five additional members from the state at large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The 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. All such terms of members 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 the 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 board of regents shall have the exclusive authority to create new public colleges, junior colleges, and universities in the State of Georgia, subject to approval by majority vote in the House of Representatives and the Senate. Such vote shall not be required to change the status of a college, institution or university existing on the effective date of this Constitution. The government, control, and management of the University System of Georgia and all of the institutions in said system shall be vested in the Board of Regents of the University System of Georgia.
(c) All appropriations made for the use of any or all institutions in the university system shall be paid to the board of regents in a lump sum, with the power and authority in said board to allocate and distribute the same among the institutions under its control in such way and manner and in such amounts as will further an efficient and economical administration of the university system.
(d) The board of regents may hold, purchase, lease, sell, convey, or otherwise dispose of public property, execute conveyances thereon, and utilize the proceeds arising therefrom; may exercise the power of eminent domain in the manner provided by law; and shall have such other powers and duties as provided by law.
(e) The board of regents may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the University System of Georgia.
(f) The qualifications, compensation, and removal from office of the members of the board of regents shall be as provided by law.
- Art. VIII, Sec. IV, Para. I; Art. VIII, Sec. V, Para. VI; Art. VIII, Sec. VI, Para. I.
- Board of Regents generally, § 20-3-20 et seq.
- Pursuant to subparagraph (b) of this Paragraph, by Ga. L. 2005, p. 1521, the General Assembly approved the creation of a new four-year college in Gwinnett County by the Board of Regents of the University System of Georgia.
- For article, "The Legal History of the University of Georgia," see 1 Ga. L. Rev. 3 (1927). For note discussing constitutional implications of higher nonresident tuition fees charged by state universities, see 8 Ga. St. B.J. 86 (1971). For comment on Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948), see 11 Ga. B.J. 489 (1949).
The Board of Regents is an agency of the state with sovereign immunity from tort liability. It performs a governmental function, i.e., the education of its citizens, and is supported by state funds. Azizi v. Board of Regents, 132 Ga. App. 384, 208 S.E.2d 153 (1974), cert. dismissed, 233 Ga. 487, 212 S.E.2d 627 (1975).
Lower courts properly dismissed the foreign college students' declaratory judgment action seeking in-state tuition because the suit against the University System of Georgia's Board of Regents was barred by sovereign immunity and waiver did not apply. Olvera v. Univ. Sys. of Georgia's Bd. of Regents, 298 Ga. 425, 782 S.E.2d 436 (2016).
§ 20-3-36 attempts to diminish powers and duties of Board of Regents contrary to Constitution. - Since it is clear that the power to sue and be sued existed in Board of Regents at the time of adoption of the 1943 constitutional amendment and 1945 Constitution and was reenacted as part of the 1976 Constitution, an Act attempting to provide sovereign immunity for the Board of Regents is in direct conflict with the Constitution. As to the Board of Regents, O.C.G.A. § 20-3-36 is an attempt to diminish its powers and duties contrary to the Constitution and in no way prevents the Board of Regents from suing to protect its other powers and duties or from being sued. McCafferty v. Medical College, 249 Ga. 62, 287 S.E.2d 171 (1982).
- Powers and duties of Board of Regents as they existed in 1943 are preserved in the Constitution, and include power to sue and be sued. On the other hand, the similar power of the Medical College of Georgia to sue and be sued was transferred to Board of Regents in 1931 and leaves the Medical College without power to sue and be sued. Trial court erred in granting motion to dismiss by Board of Regents but did not err in dismissing the Medical College of Georgia. McCafferty v. Medical College, 249 Ga. 62, 287 S.E.2d 171 (1982).
- The Regents of the University System of Georgia is a governmental agency of the state in charge of property of which title is in the state. Azizi v. Board of Regents, 132 Ga. App. 384, 208 S.E.2d 153 (1974), cert. dismissed, 233 Ga. 487, 212 S.E.2d 627 (1975).
- The state is the equitable and beneficial owner of all property now vested in the Regents of the University System, and the corporation by that name is the holder only of legal title; but it does not follow that the corporation may not enter into any contract which in its reasonable discretion is necessary for the usefulness of the institution, or may not incur liabilities in its own name for that purpose. Being a distinct legal entity, any such liability would be a debt of the corporation and not a debt of the state. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
The regents and Board of Regents are not two separate entities. There is but one entity in which are vested the government, control, and management of the University System of Georgia. Azizi v. Board of Regents, 132 Ga. App. 384, 208 S.E.2d 153 (1974), cert. dismissed, 233 Ga. 487, 212 S.E.2d 627 (1975).
Cited in Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948); Perry v. Regents of Univ. Sys., 127 Ga. App. 42, 192 S.E.2d 518 (1972); Marshall v. Georgia S.W. College, 489 F. Supp. 1322 (M.D. Ga. 1980); McDaniel v. Thomas, 248 Ga. 632, 285 S.E.2d 156 (1981); McCroan v. Bailey, 543 F. Supp. 1201 (S.D. Ga. 1982); Board of Regents v. Atlanta Journal, 259 Ga. 214, 378 S.E.2d 305 (1989); Board of Regents of the Univ. Sys. v. Doe, 278 Ga. App. 878, 630 S.E.2d 85 (2006).
- The term "school purpose" is more limited in meaning, nature, and scope than the term "educational purpose," and that though 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.
The Board of Regents does not fall under the classification of a "political subdivision." 1970 Op. Att'y Gen. No. 70-161.
This paragraph does not prevent the regents from operating as a corporate entity as provided for by statutory enactment; the fact that control and management of the university system are vested in the Board of Regents by the Constitution does not prevent or prohibit the regents from operating as a distinct corporate entity. 1945-47 Op. Att'y Gen. p. 231 (see Ga. Const. 1983, Art. VIII, Sec. IV, Para. I).
It does no more than make the Board of Regents constitutional officers of this state, and as such, the Board of Regents becomes a department of the state government; however, this does not mean that the corporate entity is a department of state. It follows that the corporation is fully authorized to enter into any contract or issue revenue bonds which, in its reasonable discretion, may be necessary for the usefulness of the university system or any one of its institutions. This liability incurred in the corporate name is not a liability of the state, but rather a separate legal obligation of the corporation. 1945-47 Op. Att'y Gen. p. 231.
A joint resolution of the General Assembly which has the effect of law may not infringe upon the constitutional authority of the Board of Regents to govern, control, and manage the University System of Georgia. 1996 Op. Att'y Gen. No. U96-12.
The powers of the board in exercising management over the various phases of the state educational system are very broad and comprehensive. 1948-49 Op. Att'y Gen. p. 141.
Board has authority to merge institutions in university system. 1988 Op. Att'y Gen. No. 88-12.
- General Assembly approval is required for the Board of Regents to acquire a county technical institute and convert the institute to a public college. 1994 Op. Att'y Gen. No. 94-9.
The Board of Regents may be classified as a governmental unit of this state for purposes of funding under the National Highway Safety Act of 1966, 23 U.S.C. § 401. 1970 Op. Att'y Gen. No. 70-161.
The Board of Regents cannot contract debts or obligations on behalf of the state in violation of Ga. Const. 1976, Art. VII, Sec. III, Para. I (see Ga. Const. 1983, Art. VII, Sec. IV, Paras. I through V) of the Constitution. 1948-49 Op. Att'y Gen. p. 141.
The Board of Regents cannot pledge the credit or property of the state to any individual, company, corporation, or association, nor shall the state "become a joint owner or stockholder in or with, any individual, company, association or corporation," in violation of Ga. Const. 1976, Art. VII, Sec. III, Para. IV (see Ga. Const. 1983, Art. VII, Sec. IV, Para. VIII). 1948-49 Op. Att'y Gen. p. 141.
Legal ability of board to incur debt by issuing revenue obligations is doubtful. 1988 Op. Att'y Gen. No. 88-21.
Members of the board are public officials and are subject to all limitations and restrictions of law to the same extent as other public officials of this state; the members of the Board of Regents are constitutional officers. 1945-47 Op. Att'y Gen. p. 235.
State university is authorized to purchase a vehicle to transport students to and from woodlands off campus for the purpose of research in wildlife conservation. 1950-51 Op. Att'y Gen. p. 288.
- The Board of Regents of the University System of Georgia is authorized to control and manage the university system which includes the veterinary school; if the board determines that it is necessary to maintain an ambulatory clinic in order to carry out the duties and responsibilities of the veterinary school, then there is no reason why proper equipment should not be purchased by the state for this project. 1948-49 Op. Att'y Gen. p. 146.
Georgia Athletic Association may incorporate and borrow money as a private corporation to finance its activities but must operate under the supervision of the Board of Regents. 1948-49 Op. Att'y Gen. p. 141.
Board of Regents has jurisdiction over misappropriation of funds by University of Georgia students from the sale of football tickets. 1948-49 Op. Att'y Gen. p. 143.
Board of Regents may lease lands in return for the endowment of a research chair if the endowment is equal to the fair market value of the lease and the term of the lease is reasonable. 1995 Op. Att'y Gen. No. 95-25.
- 15A Am. Jur. 2d, Colleges and Universities, §§ 3, 5, 9 et seq., 42.
- Gift for public school as a valid charitable gift, 48 A.L.R. 1126.
Gift for lectures as a valid charitable gift, 48 A.L.R. 1142.
Time as of which eligibility or ineligibility to office is to be determined, 143 A.L.R. 1026.
Validity of municipal admission tax for college football games or other college sponsored public events, 60 A.L.R.3d 1027.
Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity, 68 A.L.R.4th 228.