2021 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 1 - State Board of Education
§ 20-2-11. Budgets; Supervision of Department of Education; Funds for State Office
The State Board of Education shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system.It shall have general supervision of the Department of Education and may delegate to the State School Superintendent the authority to employ and dismiss such clerical employees, supervisors, administrators, and other employees who are members of the classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education.It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funds to be in the discretion of the state board, such funds to be disbursed by the superintendent in the payment of salaries and travel expenses of employees and for printing, communication, equipment, repairs, and other expenses incidental to the operation of the department.
(Ga. L. 1919, p. 288, § 11; Code 1933, § 32-403; Ga. L. 1937, p. 864, § 3; Ga. L. 1961, p. 39, § 3; Ga. L. 1991, p. 1630, § 1; Ga. L. 1992, p. 6, § 20.)
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1991, "superintendent" was substituted for "Superintendent" in the last sentence of this Code section.
JUDICIAL DECISIONS
State Board of Education has authority to administer the state funds allocated to local schools. The local boards have no authority to divert these funds. Chatham Ass'n of Educators v. Board of Pub. Educ., 231 Ga. 806, 204 S.E.2d 138 (1974).
When board acts lawfully, effect on private schools not considered.
- So long as the State Board of Education is acting within the board's lawful rights, the effect of public schools on private schools cannot be considered. Worth v. Board of Pub. Educ., 177 Ga. 166, 170 S.E. 77 (1933).
Cited in Sheffield v. State Sch. Bldg. Auth., 208 Ga. 575, 68 S.E.2d 590 (1952); Bedingfield v. Parkerson, 212 Ga. 654, 94 S.E.2d 714 (1956); Wells v. Banks, 153 Ga. App. 581, 266 S.E.2d 270 (1980).
OPINIONS OF THE ATTORNEY GENERAL
Constitutionality.
- Law does not exceed the constitutional limitations on use of moneys derived from state taxation. 1963-65 Op. Att'y Gen. p. 697.
Delegation of discretionary authority prohibited.- Discretionary authority or power which is vested by law in the State Board of Education cannot, absent specific legal authorization, be delegated to the State School Superintendent. 1986 Op. Att'y Gen. No. 86-29.
Supervisory authority of board.
- Under the 1996 amendment of O.C.G.A. § 20-2-241, the State School Superintendent has the sole authority to organize and reorganize the Department of Education, while the State Board of Education retains the board's authority to provide general direction to, and inspect the performance of, the department. 1996 Op. Att'y Gen. No. 96-12.
Recommendation, dealing with control of employees, is not to be construed as mandatory on the part of the State Board of Education, but simply as a suggestion or recommendation to be followed or disregarded in the discretion of the State Board of Education. 1948-49 Op. Att'y Gen. p. 525 (decided under Ga. L. 1937, p. 864, prior to its revision by Ga. L. 1961, p. 39).
Board not authorized to prescribe standards for nonpublic schools.- There is no specific grant of authority to the State Board of Education to prescribe any standards or require a license for nonpublic schools, other than those enumerated elsewhere in the statutes. Therefore, it is presumed that the General Assembly did not intend for the board to have such authority. 1957 Op. Att'y Gen. p. 119.
Final decision in determining question of merging school systems vested in voters.- While former Code 1933, § 32-403 clearly gave the State Board of Education general supervision over the common schools of this state and contained no inhibitions against the Board making suggestions or recommendations as to the advisability of merging independent school districts with county school systems, nevertheless, the final decision in determining the question of merger was vested exclusively in the qualified voters residing within the municipality or district as provided for in former Code 1933, § 32-1201. 1948-49 Op. Att'y Gen. p. 513.
Local board authorized to include R.O.T.C. training in curriculum.- State Board of Education has no specific regulation concerning military or R.O.T.C. training; however, the local board of education has the discretionary authority to include such training in the local curriculum, but no state educational funds would come into the program. 1957 Op. Att'y Gen. p. 108.
State board may regulate releasing children during school hours.- State Board of Education has the legal authority to establish regulations governing the release of school children during school hours. 1952-53 Op. Att'y Gen. p. 343.
State board may pay city superintendents directly.- Under former Code 1933, § 32-403, the State Board of Education could adopt the administrative policy of paying the state salaries of superintendents of independent city school systems directly to the superintendents in the same manner as now being done in the case of county school superintendents under former Code 1933, § 32-1006, provided the specific provisions of the various municipal charters are not in conflict with this policy; in such an event an exception should be made to the policy so as to conform to the intent of the General Assembly as expressed by that charter. 1958-59 Op. Att'y Gen. p. 111.
Inclusion in Employees' Retirement System.- Current and future employees of the State Department of Education must be included within the membership of the Employees' Retirement System of Georgia. 1983 Op. Att'y Gen. No. 83-2.
Department employees not entitled to overtime pay during week spent on annual leave.- Employee of the State Department of Education is not entitled to overtime pay for 12 hours of work performed during a week which the employee otherwise spent on annual leave, when the overtime rule, included in the administrative procedures of the State Department of Education, promulgated by the State Board of Education, defines overtime as hours worked in excess of 40 hours per work week. 1976 Op. Att'y Gen. No. 76-132.
Department may pay salary of staff member completing work related course studies.- If the course of advanced study being pursued by a staff member is directly related to assignment in the Department of Education or to assignments and the staff member is expected to undertake the completion of those studies, the State Board of Education may lawfully continue to pay the member's salary while temporarily away from assigned duties in the department. 1963-65 Op. Att'y Gen. p. 697.
Expenditure of state funds to provide insurance on television leasehold interest proper.- Because a lease arrangement under Ga. L. 1963, p. 431, § 1 is a proper activity or agreement on the part of the State Board of Education, the expenditure of state funds to protect such a properly acquired leasehold interest, through the purchase of property insurance, is also proper. 1963-65 Op. Att'y Gen. p. 404.
Fees upon public schools and teachers and students therein violates section.- To permit a regulatory board to impose a registration fee upon a public school and a license fee upon teachers therein and to require a registration fee from students taking a course of study would be in violation of the law. 1963-65 Op. Att'y Gen. p. 250.
RESEARCH REFERENCES
Am. Jur. 2d.
- 68 Am. Jur. 2d, Schools, §§ 78, 83.
C.J.S.- 78 C.J.S., Schools and School Districts, § 103 et seq.
ALR.
- Schools: extent of legislative power with respect to attendance and curriculum, 39 A.L.R. 477; 53 A.L.R. 832.
Power and duty of school authorities to maintain kindergartens or specialized departments, 70 A.L.R. 1313.
Determination of school attendance, enrollment, or pupil population for purposes of apportionment of funds, 80 A.L.R.2d 953.
Regulations as to fraternities and similar associations connected with educational institution, 10 A.L.R.3d 389.
Marriage or pregnancy of public school student as ground for expulsion or exclusion, or of restriction of activities, 11 A.L.R.3d 996.
