CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE VIII. EDUCATION

Paragraph III. School superintendents.

There shall be a school superintendent of each system appointed by the board of education who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law. Any elected school superintendent in office on January 1, 1993, shall continue to serve out the remainder of his or her respective term of office and shall be replaced by an appointee of the board of education at the expiration of such term.

(Ga. Const. 1983, Art. 8, § 5, Para. 3; Ga. L. 1991, p. 2032, § 2/HR 288.)

1976 Constitution.

- Art. VIII, Sec. V, Para. V.

Editor's notes.

- The constitutional amendment (Ga. L. 1991, p. 2032, § 2) which revised Paragraph III to provide for appointment of school superintendents and to provide that elected superintendents in office on January 1, 1993, shall serve out their terms and be replaced by appointed superintendents at the expiration of such terms was approved by a majority of the qualified voters voting at the general election held on November 3, 1992.

JUDICIAL DECISIONS

Office of county school superintendent is a constitutional office. The county superintendent is to be elected by the voters of the superintendent's district, the superintendent's district being the county of his residence exclusive of any independent school system in existence in such county. Kemp v. Mitchell County Democratic Executive Comm., 216 Ga. 276, 116 S.E.2d 321 (1960).

Effect of Ga. Const., 1945 (see Ga. Const. 1983, Art. VIII, Sec. V, Para. III) on school laws.

- Georgia Const., 1945 (see Ga. Const. 1983, Art. VIII, Sec. V, Para. III) did not purport to disturb the state's comprehensive code of statutory school laws other than to make the offices of county school superintendent and county boards of education constitutional offices rather than statutory offices. A member of the board of education, whose term had not expired at the time of the adoption of the Constitution, was entitled to hold office until the member's successor was elected and qualified. Saxon v. Bell, 201 Ga. 797, 41 S.E.2d 536 (1947); Powell v. Price, 201 Ga. 833, 41 S.E.2d 539 (1947).

Office of county school superintendent was not abolished by the Constitution of 1945; it was simply changed from a statutory office to a constitutional one (see Ga. Const. 1983, Art. VIII, Sec. V, Para. III). Saxon v. Bell, 201 Ga. 797, 41 S.E.2d 536 (1947).

Local constitutional amendment.

- A local constitutional amendment which prohibits "county officers" from succeeding themselves after two successive terms in office does not govern the qualifications or eligibility for the office of superintendent of the Telfair County School District. Bradfield v. Wells, 262 Ga. 198, 415 S.E.2d 638 (1992).

Cited in Dougherty County v. Jones, 43 Ga. App. 188, 158 S.E. 432 (1931); Southern Ry. v. Paulding County, 44 Ga. App. 806, 162 S.E. 919 (1932); Davis v. Haddock, 191 Ga. 639, 13 S.E.2d 657 (1941); Guy v. Nelson, 202 Ga. 728, 44 S.E.2d 775 (1947); Huff v. Anderson, 212 Ga. 32, 90 S.E.2d 329 (1955); Smith v. Maynard, 214 Ga. 764, 107 S.E.2d 815 (1959); State Bd. of Educ. v. Elbert County Bd. of Educ., 112 Ga. App. 840, 146 S.E.2d 344 (1965); Knight v. Troup County Bd. of Educ., 144 Ga. App. 634, 242 S.E.2d 263 (1978); Upson County Sch. Dist. v. City of Thomaston, 248 Ga. 98, 281 S.E.2d 537 (1981).

OPINIONS OF THE ATTORNEY GENERAL

Procedure to permit elected superintendent of one county to serve as appointed superintendent of another county.

- Because of uncertainty as to how courts would interpret former Code 1933, §§ 32-1004 and 89-101 (see former O.C.G.A. §§ 20-2-102 and45-2-1, respectively), the safer route to take, should it be desired to permit an elected superintendent of one county to serve as the appointed superintendent of another county, would have been to proceed through the enactment of local legislation conditioned upon voter approval under this paragraph, and not to attempt to rely upon the authorization contained in former Code 1933, § 89-101 (see now O.C.G.A. § 45-2-1). 1977 Op. Att'y Gen. No. 77-11.

Voters residing in an independent school system are not entitled to vote for the county school superintendent who is an officer of that part of the county which lies outside of independent school systems. 1948-49 Op. Att'y Gen. p. 115.

Failure of United States Justice Department to approve change in election procedures leaves prior law in effect. 1976 Op. Att'y Gen. No. U76-14.

RESEARCH REFERENCES

C.J.S.

- 78 C.J.S., Schools and School Districts, § 287 et seq.

ALR.

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

Legislative power to prescribe qualifications for or conditions of eligibility to constitutional office, 34 A.L.R.2d 155.

Validity of requirement that candidate or public officer have been resident of governmental unit for specified period, 65 A.L.R.3d 1048.