CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE VIII. EDUCATION

Paragraph VII. Special schools.

(a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of the local board of education and a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. Special schools may include state charter schools; provided, however, that special schools shall only be public schools. A state charter school under this section shall mean a public school that operates under the terms of a charter between the State Board of Education and a charter petitioner; provided, however, that such state charter schools shall not include private, sectarian, religious, or for profit schools or private educational institutions; provided, further, that this Paragraph shall not be construed to prohibit a local board of education from establishing a local charter school pursuant to Article VIII, Section V, Paragraph I. The state is authorized to expend state funds for the support and maintenance of special schools in such amount and manner as may be provided by law; provided, however, no deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to general law as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside within the geographic boundaries of the local school system.

(b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983.

(Ga. Const. 1983, Art. 8, § 5, Para. 7; Ga. L. 2012, p. 1364, § 3/HR 1162.)

1976 Constitution.

- Art. VIII, Sec. IX, Para. I.

Cross references.

- Generally, § 20-2-150 et seq.

Charter schools act of 1998, § 20-2-2060 et seq.

Editor's notes.

- The constitutional amendment (Ga. L. 2012, p. 1364, § 3/HR 1162), which substituted the present provisions of subparagraph (a) for the former provisions, which read: "(a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. The state is authorized to expend funds for the support and maintenance of special schools in such amount and manner as may be provided by law.", was ratified at the general election held on November 6, 2012.

Law reviews.

- For article, "Cities and Towns in Georgia: A Distinction With a Difference?," see 14 Mercer L. Rev. 385 (1963). For article on the 2012 Constitutional amendment, see 29 Ga. St. U.L. Rev. 1 (2012). For article, "Education: Elementary and Secondary Education," see 29 Ga. St. U.L. Rev. 1 (2012). For note and comment, "School Choice: Constitutionality and Possibility in Georgia," see 24 Ga. St. U.L. Rev. 587 (2007).

JUDICIAL DECISIONS

Constitutional amendment prevails when conflicts with previous provisions.

- If a constitutional amendment duly adopted dealing with the establishment of area schools necessarily conflicts with some previous provision, the amendment, being the latest expression of the sovereign will of the people, will prevail as an implied modification pro tanto of the former provision. Cason v. State, 217 Ga. 339, 122 S.E.2d 232 (1961).

Amendment not violative of Constitution.

- A constitutional amendment, adopted by voters in a general election, that deals with only one subject matter, the establishment of area schools, which under the amendment can be established only by contract between counties, or municipalities, or a county and a municipality, or combination thereof, is germane to the provisions of the Constitution, pertaining to the contractual powers of counties and municipalities, and does not violate the Constitution. Cason v. State, 217 Ga. 339, 122 S.E.2d 232 (1961).

State Charter School Act conflicts with provision.

- Georgia Charter Schools Commission Act, O.C.G.A. § 20-2-2081 et seq., violated the special schools provision of Ga. Const. 1983, Art. VIII, Sec. V, Para. VII(a) by authorizing a state commission to establish competing state-created general K-12 schools under the guise of being special schools. The special schools authorized by the constitution were not competitors with locally controlled schools in regard to the education of general K-12 students; rather, the constitutionally significant matters that made a school "special" were directly related to the school itself, the school's student body, and the school's curriculum. Gwinnett County Sch. Dist. v. Cox, 289 Ga. 265, 710 S.E.2d 773 (2011).

Cited in Smith v. Hospital Auth., 210 Ga. 801, 82 S.E.2d 827 (1954); Tippins v. Cobb County Parking Auth., 213 Ga. 685, 100 S.E.2d 893 (1957); Smith v. Maynard, 214 Ga. 764, 107 S.E.2d 815 (1959); Wright v. Absalom, 224 Ga. 6, 159 S.E.2d 413 (1968); Miller v. Columbus, 229 Ga. 234, 190 S.E.2d 535 (1972); Shead v. Scholes, 239 Ga. 804, 238 S.E.2d 859 (1977).

OPINIONS OF THE ATTORNEY GENERAL

School serving multi-district area.

- The General Assembly may create a statutory mechanism by which one school could serve a multi-district area and provide for its governance by a governing board appointed by the local boards of the affected systems. 1998 Op. Att'y Gen. No. U98-2.

Taxing for support of vocational schools.

- The governing authorities of counties or municipalities desiring to establish and maintain area vocational trade schools are authorized to levy a tax for such purposes; the circumstances under which the tax could be levied would be where the participating subdivisions have entered into an agreement for the establishment and maintenance of an area vocational trade school. 1967 Op. Att'y Gen. No. 67-153.

State charter schools.

- A local school board has constitutional authority to manage and control schools within its system, but its authority is limited by the constitutional provision; therefore, the General Assembly may mandate additional requirements for state charter schools. 2001 Op. Att'y Gen. No. 2001-9.

Out-of-state contracts prohibited.

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

RESEARCH REFERENCES

ALR.

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