2020 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 3 - Local Boards of Education
§ 20-2-52. Term of Office; Number of Members; Staggering of Terms

1. Effective January 1, 2012, members of local boards of education shall be elected for terms of not less than four years, provided that longer terms of office may be provided by local Act or constitutional amendment.
2. 1. Each local board of education shall have no more than seven members as provided by local Act.
   2. This subsection shall not apply to a local board of education whose board size exceeds seven members as provided by local constitutional amendment or federal court order or pursuant to a local law in effect prior to July 1, 2010; provided, however, that if the local law of any such local board of education is amended to revise the number of members on such board, paragraph (1) of this subsection shall apply.
3. Members of local boards of education in office on July 1, 2011, who are serving terms of office of less than four years shall serve until December 31, 2012, and until their respective successors are elected and qualified. Members elected in 2011 shall serve until December 31, 2014, and until their respective successors are elected and qualified. Successors to all such members shall be elected to serve four-year terms of office and until their respective successors are elected and qualified.
4. The General Assembly, by local law, may provide for staggered terms of office and term limits for such offices. On and after January 1, 2015, the General Assembly by local law may provide for terms of less than four years for members of local boards of education.

(Ga. L. 1919, p. 288, § 78; Code 1933, § 32-903; Ga. L. 1965, p. 124, § 1; Ga. L. 1992, p. 6, § 20; Ga. L. 1993, p. 1279, § 2; Ga. L. 2010, p. 452, § 3/SB 84; Ga. L. 2011, p. 26, § 1/SB 79.)

- 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.

JUDICIAL DECISIONS

Applicability.

- Telfair County Tenure Law, Ga. L. 1963, p. 705, did not limit the terms a school board member could serve because although it is a local constitutional amendment, it does not apply to Ga. Const. 1983, Art. VIII and, thus, does not apply to school board members. Dyal v. Pope, 283 Ga. 463, 660 S.E.2d 725 (2008).

OPINIONS OF THE ATTORNEY GENERAL

RESEARCH REFERENCES

- 68 Am. Jur. 2d, Schools, §§ 68, 69.

- 78 C.J.S., Schools and School Districts, §§ 94, 95, 128 et seq.

- Right of school teacher to serve as member of school board in school district where employed, 70 A.L.R.3d 1188.