2020 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 3 - Local Boards of Education
§ 20-2-52.1. Composition and Election of County Boards of Education in Counties in Which There Is a Homestead Option Sales and Use Tax and a County Sales and Use Tax for Educational Purposes; Terms of Service

1. On and after January 1, 2015, in counties in which there is being collected a homestead option sales and use tax pursuant to Article 2A of Chapter 8 of Title 48 and a county sales and use tax for educational purposes pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 and the county board of education consists of more than seven members, such county boards of education shall comply with this Code section. Such county boards of education shall consist of seven members elected from separate single-member districts of approximately equal population. The number of members may be reduced to less than seven members by local legislation, but such members shall be elected from separate single-member districts of approximately equal population.
2. Unless otherwise provided by local law, such county boards of education shall select from among their membership a chairperson and vice chairperson at the first meeting of each odd-numbered year.
3. Unless otherwise provided by local law, such county boards of education shall serve staggered, four-year terms of office.
4. In the event that a local law is not enacted prior to the qualifying period for the 2014 elections to conform the provisions of law regarding boards of education subject to this Code section to the size requirements of this Code section and if the election structure of such local board of education contains a plan for seven members from separate single-member districts encompassing all of the school district in addition to any other election provisions, then on January 1, 2015, the board of education shall consist only of seven members elected from such separate single-member districts and all other positions in excess of those seven shall be eliminated. In such case, those persons serving from odd-numbered districts shall serve for an initial term of two years and until their respective successors are elected and qualified. Those persons serving from even-numbered districts shall serve for an initial term of four years and until their respective successors are elected and qualified. Thereafter, successors to such members shall be elected at the general election immediately prior to the end of their respective terms of office to take office on January 1 immediately following such election for terms of four years and until their respective successors are elected and qualified. After January 1, 2015, the composition of such districts, number of districts, and staggering of terms may be changed by local law consistent with the provisions of this Code section, but shall not be changed prior to such date.

(Code 1981, §20-2-52.1, enacted by Ga. L. 2011, p. 26, § 2/SB 79; Ga. L. 2012, p. 1133, § 1/SB 412; Ga. L. 2014, p. 11, § 1/HB 979.)

The 2014 amendment, effective February 26, 2014, in subsection (a), inserted "separate" preceding "single-member" in the second and third sentences; and added subsection (d).

- Ga. L. 2011, p. 26, § 4/SB 79, not codified by the General Assembly, provides: "If a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010, but prior to the effective date of this Act, local board of education members elected or appointed on or after July 1, 2010, but prior to the effective date of this Act shall be subject to the provisions of Code Section 20-2-73 as they existed on the day prior to April 20, 2011." This Act became effective April 20, 2011.

Ga. L. 2011, p. 26, § 5/SB 79, not codified by the General Assembly, provides: "The Attorney General of Georgia shall cause Section 3 of this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or becomes law without such approval." The Governor approved this Act on April 20, 2011.