2020 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 12 - Leasing Public School Property for Private Purposes
§ 20-2-600. Leases of 50 Years or Less Authorized
The various counties, cities, municipalities, county boards of education, city boards of education, and governing bodies of independent school districts or systems of this state shall have authority to lease any schoolhouse or other school property that it has determined is no longer needed for school purposes to any person, group of persons, or corporation, provided that the lease shall be for a period not longer than 50 years.
(Ga. L. 1956, p. 10, § 1; Ga. L. 1986, p. 38, § 1; Ga. L. 1987, p. 3, § 20; Ga. L. 2001, p. 1247, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
Distinction between lease under O.C.G.A. § 20-2-600 and permit under O.C.G.A. § 20-2-520. - There is one significant distinction between the situation of a lease not exceeding five (now fifteen) years under Ga. L. 1951, p. 241, § 28 (with compensation involved) and a mere permit under former Code 1933, § 32-909 (no monetary consideration involved). When the local board enters into a lease agreement such as the lease of a particular classroom to a private teacher during specified hours, the lease will be binding upon the board during the term of the lease even though it might to some extent interfere with the use of the classroom for school purposes; when, however, there is only a "free of charge" permission to teach private lessons, such use by a private teacher for private lessons could become illegal if the use interfered with the primary use of the school building or any room or part thereof for public education purposes. 1963-65 Op. Att'y Gen. p. 401.
Board may not lease unused school facility to state college.- Insofar as general state law is concerned, a county board of education would be legally safe in leasing out an unused school facility to a college of this state for a period of up to five years. 1976 Op. Att'y Gen. No. U76-2.
Board may not lease unused school facility to private citizens.- County board of education has no authority to lease school property no longer needed for school purposes to private citizens to be used as a recreation center. 1958-59 Op. Att'y Gen. p. 98.
When board acts beyond jurisdiction, members subject to individual liability.- County board of education, if acting beyond the scope of the board's lawful jurisdiction in leasing school buildings, might thereby subject the board's members to individual liability in case someone is hurt or an accident happens on this property. 1958-59 Op. Att'y Gen. p. 98.
RESEARCH REFERENCES
Am. Jur. 2d.
- 68 Am. Jur. 2d, Schools, § 102.
C.J.S.- 78 C.J.S., Schools and School Districts, § 510 et seq.
ALR.- Zoning regulations as applied to private and parochial schools below the college level, 74 A.L.R.3d 14.
