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Ga. Const. art. VIII, § V, ¶ V — Power of boards to contract with each other | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE VIII. EDUCATION

Paragraph V. Power of boards to contract with each other.

(a) Any two or more boards of education may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform.

(b) The General Assembly may provide by law for the sharing of facilities or services by and between local boards of education under such joint administrative authority as may be authorized.

1976 Constitution.

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

Cross references.

- Joint contracts for construction, maintenance, and use of buildings, § 20-2-432 et seq.

JUDICIAL DECISIONS

Equal authority is conferred upon both county boards of education and local school districts to make contracts. Downer v. Stevens, 194 Ga. 598, 22 S.E.2d 139 (1942).

Relationship between county boards and local school district trustees not altered.

- This paragraph was not intended to and did not have the effect of changing or altering the relationship of county boards of education and the trustees of the school districts. Downer v. Stevens, 194 Ga. 598, 22 S.E.2d 139 (1942) (see Ga. Const. 1983, Art. VIII, Sec. V, Para. V).

Contracts must be in conformity with existing law.

- Local school district contracts must be executed in conformity with the existing law. Downer v. Stevens, 194 Ga. 598, 22 S.E.2d 139 (1942).

County board's approval required for acts of school district trustees.

- Since supreme authority for operation of the schools is vested in the county board of education, all acts upon the part of the trustees of the school districts must have the approval of the county board. Downer v. Stevens, 194 Ga. 598, 22 S.E.2d 139 (1942).

County may contract state funds to city district.

- Under a contract entered into between a city school district and a county, pursuant to which the district agrees to educate all school children residing in certain designated areas of the county outside the city limits, and which provides that the district shall receive from the State Board of Education all funds which would ordinarily go to the county board of education for those pupils from the county attending the district public schools, tax rebate funds under the former Tax Rebate Act, former O.C.G.A. § 20-2-330, should be distributed to the district. Cowen v. Snellgrove, 169 Ga. App. 271, 312 S.E.2d 623 (1983).

Judgment for reasonable cost not error.

- Where there is an agreement between school boards for the education of certain students and the agreed cost is not shown, it is not error for the court to render judgment for the reasonable cost thereof. Walton County Bd. of Educ. v. Academy of Social Circle, 229 Ga. 114, 189 S.E.2d 690 (1972).

Due process or equal protection of law not denied.

- A court order which requires a county to pay county school taxes to the city for education of children from its district does not deny citizens and taxpayers of the county due process or equal protection of the law. Walton County Bd. of Educ. v. Academy of Social Circle, 229 Ga. 114, 189 S.E.2d 690 (1972).

State funds flow to system educating the child. Wilson v. Strange, 235 Ga. 156, 219 S.E.2d 88 (1975).

Cited in Snipes v. Anderson, 179 Ga. 251, 175 S.E. 650 (1934).

OPINIONS OF THE ATTORNEY GENERAL

Out of state contracts prohibited.

- School laws of this state do not authorize local boards of education to enter into contracts with out-of-state school systems for education of pupils residing in this state. 1974 Op. Att'y Gen. No. 74-98.

Joint management between local boards prohibited.

- Local boards of education may contract with each other for the care, education, and transportation of pupils, but not for joint management, operation, and control of school facilities. 1975 Op. Att'y Gen. No. U75-32.

Independent school systems may contract with county boards for the purpose of receiving greater allotment of state-paid teachers than would normally be received. 1948-49 Op. Att'y Gen. p. 514.

County board of education can contract to pay county school funds to an independent school system in consideration for the latter educating certain school children of the former; this authority would include all the funds necessary to educate these children including capital outlay, i.e., funds for school buildings and additions thereto of the independent school district. 1958-59 Op. Att'y Gen. p. 116.

Constitutional powers to contract in this paragraph and Ga. Const. 1976, Art. IX, Sec. VI, Para. I (see Ga. Const. 1983, Art. IX, Sec. III, Para. I), are limited by Ga. Const. 1976, Art. VIII, Sec. V, Para. II (see Ga. Const. 1983, Art. VIII, Sec. V, Para. II), which states that control and management of county schools shall be confined to the county board of education; the power to exercise judgment and discretion cannot be delegated by a county board of education. 1958-59 Op. Att'y Gen. p. 116 (see Ga. Const. 1983, Art. VIII, Sec. V, Para. V).

Agent for disbursing state allotted money.

- If two local school districts enter into contract with respect to who shall receive state money allotted for education of a child, the Department of Education should disburse the money in accordance with the terms of the contract. 1958-59 Op. Att'y Gen. p. 124.

Incorporation or membership in nonprofit corporation by school boards prohibited.

- While county boards of education were vested with broad powers respecting the management and control of school systems they administer under former Code 1933, § 32-908 (see now O.C.G.A. § 20-2-520), including the right to contract with each other under this paragraph, the general laws pertaining to the creation of nonprofit corporations, (see now O.C.G.A. § 14-3-601 and § 14-3-201, respectively) appear to exclude the possibility of school boards incorporating or being members of nonprofit corporations as a county board of education was not a corporation, partnership, association, or other "person." 1978 Op. Att'y Gen. No. 78-4 (see Ga. Const. 1983, Art. VIII, Sec. V, Para. V).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, §§ 66 et seq., 78 et seq.

ALR.

- Interruption of school session as affecting contract other than with teacher, 15 A.L.R. 725.

Power of school or local authorities as to granting leases of school property, 111 A.L.R. 1051.